reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 5 - Louisiana Pilotage Fee Commission › Chapter 123 - Pleadings › Section LXX-12303 - Motions

Current through Register Vol. 50, No. 6, June 20, 2024
A. Every motion
				  relating to a pending proceeding shall, unless made during a hearing, be
				  written, and shall set forth the relief sought and the specific reasons and
				  grounds therefore. If based upon matters which do not appear of record, it
				  shall be supported by affidavit. Any motion not made during a hearing shall be
				  filed with the Administrator for consideration by the Commission, Hearing Panel
				  or Hearing Master at the earliest practicable time.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 49:967 and Pilotage Fee Commission Rule 60.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 5 - Louisiana Pilotage Fee Commission › Chapter 123 - Pleadings › Section LXX-12304 - Amendments

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any pleading may
				  be amended at any time upon motion and following approval by the Commission,
				  the Hearing Panel or the Hearing Master, provided that a Request for Action or
				  other pleading upon which notice has been published shall not be amended so as
				  to broaden the scope thereof without additional notice, opportunity for
				  response and compliance with the procedural requirements of a new filing.
				  Additionally, amendments to Requests for Action shall, if the Commission deems
				  necessary, be treated as a new filing and subject to the same procedural
				  requirements regarding sworn testimony as an initial application. An intervenor
				  may at any time adopt the amendments proposed in the amended Request for Action
				  or other pleading.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 49:967 and Pilotage Fee Commission Rule 60.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 5 - Louisiana Pilotage Fee Commission › Chapter 123 - Pleadings › Section LXX-12305 - Incorporation by Reference of Commission Records

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any pleading may adopt and incorporate, by
				  specific reference thereto, any part of any document or entry in the official
				  files and records of the Commission. Testimony, exhibits, and other matters of
				  a like nature are excepted from this Rule, unless with specific approval of the
				  Commission, Hearing Panel or the Hearing Master and this Rule shall not relieve
				  any applicant of the necessity of alleging and providing in detail, where
				  required, the facts supporting its request for an increase or decrease in
				  pilot's fees and rates.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 49:967 and Pilotage Fee Commission Rule 60.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 5 - Louisiana Pilotage Fee Commission › Chapter 123 - Pleadings › Section LXX-12306 - Refiling of Requests/Petitions

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  When any Request for Action has been heard by the Commission and has been
				  denied, the Commission will not entertain a further application from the same
				  applicant covering identical or similar situations, until the expiration of six
				  months from the date of such a grant or denial.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 49:967 and Pilotage Fee Commission Rule 60.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 5 - Louisiana Pilotage Fee Commission › Chapter 124 - Docketing and Notice › Section LXX-12401 - Filing of Documents

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any filings
				  before the Commission shall be made with the Administrator. Filings shall be by
				  hand delivery, mail, electronically when electronic access is available, or if
				  less than 25 pages via facsimile transmission. Unless otherwise provided, all
				  filings shall be deemed filed on the date received by the Administrator.
				  Receipt of an electronic or facsimile transmission on or before the due date
				  shall be considered timely filed, provided the original document is received
				  within five working days of the receipt of the facsimile or electronic
				  transmission.
B. A filing shall be
				  deemed filed only when actually received by the Administrator in proper form
				  and accompanied by a filing fee, if any, as set forth in the Fee Schedule
				  adopted by this Commission. All such filings shall be in the form of an
				  original, twelve (12) conformed hard copies and a compatible computer version
				  on disk or CD.
C. After a matter
				  has been docketed by the Administrator, all subsequently filed pleadings and/or
				  documents shall be filed with the original plus one copy.
D. Filings mailed to the Administrator should
				  be addressed as follows:
Louisiana Pilotage Fee Commission
__________________________
Baton Rouge, Louisiana, _______
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 49:967 and Pilotage Fee Commission Rule 60.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 5 - Louisiana Pilotage Fee Commission › Chapter 124 - Docketing and Notice › Section LXX-12402 - Administrator; Docketing of Filings

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Upon the filing of any pleading with the Administrator, he shall forthwith
				  examine it to determine if it is timely and in compliance with Rule 20. If it
				  is found to be untimely, the Administrator shall return the pleading to the
				  person making it, with a statement of the reasons for rejecting same and
				  requesting that it be refiled with a motion to permit a late filing. If the
				  filing is found to be noncompliant with Rule 20, the Administrator shall return
				  the filing to the person making it, along with a statement of the reasons for
				  rejecting same. The person who filed shall thereafter have the right to file a
				  corrected pleading. In no event shall the filing of a corrected pleading be
				  permitted to delay any hearing unless the Commission, Hearing Panel or Hearing
				  Master, as appropriate, determines that such delay is necessary in order to
				  prevent injustice or to protect the public interest and welfare, and provided
				  further that the failure of the Commission to return such pleading shall not
				  constitute a waiver by the Commission or any proper party to object at a later
				  time to the sufficiency or timeliness of the pleading. Any determination made
				  under this rule shall be subject to review by the Commission upon written
				  request by the party affected.
B.
				  At the time a pleading or other document which initiates a new proceeding is
				  received by the Administrator, and found to be in compliance with Rule 20, it
				  shall be filed and assigned a docket number. That docket number shall be used
				  on all subsequent pleadings, such as interventions, answers, motions,
				  amendments, supplements, and notices, filed in the matter.
C. The Administrator shall maintain a
				  separate docket for each proceeding which shall be accessible through
				  electronic means when available.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 49:967 and Pilotage Fee Commission Rule 60.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 5 - Louisiana Pilotage Fee Commission › Chapter 124 - Docketing and Notice › Section LXX-12403 - Notice; Service

Current through Register Vol. 50, No. 6, June 20, 2024
A. By
				  Publication
1. Notice of all Requests for
				  Action or other filings by which new proceedings are initiated before the
				  Commission shall be published by the applicant in the official journal of the
				  state and of East Baton Rouge Parish. Such notice shall include the name and
				  address of the party making the filing; the name, address, email address and
				  telephone number of his attorney or other representative, the docket number
				  assigned by the Administrator, a concise statement of the action sought and the
				  date by which a party who desires to participate in the proceeding must file a
				  notice of intervention, protest or support with the Administrator as provided
				  in Rule 17.
2. The Administrator
				  shall publish weekly, or more often if necessary, on the Commission website a
				  notice of Requests for Action or other filings by which proceedings shall have
				  been initiated before the Louisiana Pilotage Fee Commission since the last
				  previous publication of notice. Said notice shall include the notice to be
				  published in the official journal of the state and in the parish in which the
				  Commission is domiciled. The notice provided by the Administrator shall also
				  provide that notices of intervention, protest or support shall be served upon
				  the party who instituted the proceeding by mail, and that if no notice of
				  intervention shall have been received by the Administrator within a twenty-five
				  (25) day period (or such other period as referenced in Rule 17. A) from the
				  date of publication in the state's official journal, the proceeding will be
				  processed and determined upon an uncontested docket, provided that the
				  Commission shall have the right, power and duty to inquire into the public
				  interest in any proceeding whether contested or uncontested.
3. The Administrator shall also post on the
				  Commission website notices of the dates of scheduled Commission meetings,
				  Commission meeting agendas and the dates of scheduled hearings.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 5 - Louisiana Pilotage Fee Commission › Chapter 124 - Docketing and Notice › Section LXX-12404 - Contested Proceedings

Current through Register Vol. 50, No. 6, June 20, 2024
A. When a
				  notice of intervention is timely filed with the Administrator after the
				  publication of notice as provided in Rule 27, the Administrator shall assign
				  such case to the contested docket and notify the parties of the time and place
				  of the initial status conference. The Commission may assign the matter to a
				  Hearing Panel or a Hearing Master to administer the proceeding pursuant to
				  these rules subject to its review. At the initial status conference, the
				  Hearing Panel or Hearing Master shall confer with the parties or their counsel
				  and establish a procedural schedule, including a hearing date.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 49:967 and Pilotage Fee Commission Rule 60.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 5 - Louisiana Pilotage Fee Commission › Chapter 124 - Docketing and Notice › Section LXX-12405 - Uncontested Proceedings

Current through Register Vol. 50, No. 6, June 20, 2024
A. Where no
				  notice of intervention has been timely received by the Administrator after the
				  publication of notice as provided in Rule 27, the Administrator shall assign
				  such case to the uncontested docket. All cases on the uncontested docket shall
				  be processed as expeditiously as practicable and placed on the agenda of the
				  next Commission meeting for appropriate consideration. Nothing in this Rule
				  shall relieve any party of the burden of proof imposed by law.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 49:967 and Pilotage Fee Commission Rule 60.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 5 - Louisiana Pilotage Fee Commission › Chapter 125 - Discovery › Section LXX-12501 - Forms of Discovery Permitted

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Formal discovery shall be conducted in proceedings in accordance with the
				  Louisiana Code of Civil Procedure.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 49:967 and Pilotage Fee Commission Rule 60.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 5 - Louisiana Pilotage Fee Commission › Chapter 125 - Discovery › Section LXX-12502 - Filing of Discovery Requests and Responses

Current through Register Vol. 50, No. 6, June 20, 2024
A. Discovery requests and responses shall not
				  be filed with the Commission. Rather, the originals of the requests and
				  responses shall be maintained by the parties, who shall serve as the official
				  custodians of the documents, unless:
1.
				  filing is ordered by the Commission, Hearing Panel, or the Hearing
				  Master;
2. a party files a motion
				  to compel discovery or a motion to strike discovery requests, in which case the
				  moving party shall file the pertinent discovery pleadings with the
				  motion;
3. the requests and
				  responses are to be used or placed into evidence at any hearing in the
				  proceeding or with regard to any motion or exception filed in the
				  proceeding.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 5 - Louisiana Pilotage Fee Commission › Chapter 125 - Discovery › Section LXX-12503 - Service of Discovery on all Parties

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any party propounding or responding to
				  discovery requests shall mail copies of the requests or written responses to
				  all parties of record.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 49:967 and Pilotage Fee Commission Rule 60.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 5 - Louisiana Pilotage Fee Commission › Chapter 125 - Discovery › Section LXX-12504 - Motion for Protective Order

Current through Register Vol. 50, No. 6, June 20, 2024
A. A
				  motion for protective order, or other request to limit discovery, may include a
				  request for confidentiality pursuant to Rule 10. In the event a protective
				  order is issued, or discovery is otherwise limited, the Commission, Hearing
				  Panel or Hearing Master may designate in writing as confidential that portion
				  of the record necessary to enforce the provisions of the protective
				  order.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 49:967 and Pilotage Fee Commission Rule 60.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 5 - Louisiana Pilotage Fee Commission › Chapter 125 - Discovery › Section LXX-12505 - Taking of Depositions

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  taking of depositions in any proceeding shall be governed by the La. Code of
				  Civil Procedure.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 49:967 and Pilotage Fee Commission Rule 60.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 5 - Louisiana Pilotage Fee Commission › Chapter 126 - Prehearing Procedures › Section LXX-12601 - Scheduling and Prehearing Conferences

Current through Register Vol. 50, No. 6, June 20, 2024
A. Upon written notice and pursuant to La.
				  R.S.
				  34:1122 (D)(3), a scheduling conference will
				  be conducted by the Commission, Hearing Panel or Hearing Master between the
				  parties or their attorneys or other representatives to establish a schedule for
				  the proceeding, which may include discovery, motions, briefs, a hearing on the
				  merits and proposed findings of fact and conclusions of law.
B. Following the scheduling conference, the
				  Commission, Hearing Panel or Hearing Master shall serve on all parties a
				  scheduling order which details the decisions and deadlines made at the
				  scheduling conference.
C. Upon
				  written notice by the Commission, Hearing Panel or Hearing Master in any
				  proceeding, the parties or their attorneys or other representatives may be
				  directed to meet and confer together by telephone or otherwise, before a
				  specified time, prior to the hearing, and prior to the setting of a date for a
				  hearing, for the purpose of formulating issues and considering:
1. the simplification of issues;
2. the possibility of making admissions of
				  certain averments of fact or stipulations concerning the use by either or both
				  parties of matters of public record, to the end of avoiding the unnecessary
				  introduction of proof;
4. the
				  simplification of procedures at the hearing;
5. the limitation, where possible, of the
				  number of witnesses;
6. the time
				  required for presentation;
7. such
				  other matters as may aid in the simplification of the proceedings and the
				  disposition of the matters in controversy.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 5 - Louisiana Pilotage Fee Commission › Chapter 126 - Prehearing Procedures › Section LXX-12602 - Postponements

Current through Register Vol. 50, No. 6, June 20, 2024
A. A motion for
				  postponement shall be filed in writing prior to the date set for the hearing
				  and shall set forth under oath the specific grounds upon which it is sought.
				  The motion may be granted by the Commission, Hearing Panel or Hearing Master
				  for good cause shown.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 49:967 and Pilotage Fee Commission Rule 60.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 5 - Louisiana Pilotage Fee Commission › Chapter 126 - Prehearing Procedures › Section LXX-12603 - Consolidations and Joint Hearings

Current through Register Vol. 50, No. 6, June 20, 2024
A. A
				  motion for consolidation of two proceedings, if made prior to hearing, shall be
				  in writing, signed by the movant, his attorney or representative, and filed
				  with the Administrator prior to the date set for hearing. No two or more
				  proceedings shall be consolidated or heard jointly without the affirmative
				  consent of all parties to all of such proceedings, and by consent of the
				  Commission, unless the Commission shall find that the two or more proceedings,
				  involve common questions of law and fact, and shall further find that separate
				  hearings would result in unwarranted expense or delay or substantial
				  injustice.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 49:967 and Pilotage Fee Commission Rule 60.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 5 - Louisiana Pilotage Fee Commission › Chapter 127 - Hearings › Section LXX-12701 - Place and Nature of Hearings

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  All official hearings conducted in any proceeding shall be open to the public,
				  unless the Commission, Hearing Panel or the Hearing Master decides that a
				  closed hearing is necessary to protect information that is exempt from public
				  disclosure under the Public Records Act, La.
				  R.S.
				  44:1 et seq. and/or Rule 10. A hearing shall
				  remain closed only for the period of time necessary to consider the
				  confidential information. All hearings shall be held in Baton Rouge, Louisiana,
				  unless the Commission shall designate another place of hearing.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 49:967 and Pilotage Fee Commission Rule 60.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 5 - Louisiana Pilotage Fee Commission › Chapter 127 - Hearings › Section LXX-12702 - Order of Procedure

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  Commission, Hearing Panel or Hearing Master shall direct all parties to enter
				  their appearances on the record. In all proceedings, the petitioner or
				  applicant shall open. Where several proceedings are heard on a consolidated
				  record, the Commission, Hearing Panel or Hearing Master shall designate who
				  shall open and close and at what stage intervenors shall be permitted to offer
				  evidence. After all parties have completed the presentation of their evidence
				  and before the issuance of an Order or final recommendation, the Presiding
				  Commissioner or Hearing Master may call upon any party for further material or
				  relevant evidence upon any issue, which, in the discretion of the Presiding
				  Commissioner or Hearing Master, may be presented at further public hearing
				  after notice to all parties of record and with the opportunity for all parties
				  to respond.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 49:967 and Pilotage Fee Commission Rule 60.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 5 - Louisiana Pilotage Fee Commission › Chapter 127 - Hearings › Section LXX-12703 - Recording of Hearings; Copies; Transcripts

Current through Register Vol. 50, No. 6, June 20, 2024
A. Consistent with the protections provided
				  in these Rules for confidential information, the Administrator shall make or
				  cause to be made an official recording of each hearing. Copies of hearing tapes
				  shall be available for purchase by anyone from the Administrator.
B. Consistent with the protections provided
				  in these Rules for confidential information, a verbatim transcript of an
				  evidentiary hearing shall be made when requested by a party. Requests for a
				  transcript shall be in writing and submitted to the Administrator. The
				  Administrator will furnish an estimate of the transcription costs to the
				  requester. The estimated costs must be paid before the recording is
				  transcribed. Actual costs must then be paid in full before delivery of the
				  transcript.
C. As portions of the
				  proceeding are being transcribed, the original copy of the transcript thereof
				  shall be filed into the record.
D.
				  Copies of records in hearings may be purchased from the
				  Administrator.
E. Proposed
				  corrections to the transcript of a hearing may be offered within ten days after
				  public notice of the transcript being filed, with service of such proposed
				  corrections on all parties. Proposed changes shall indicate the specific word
				  changes and the name and address of the party making the proposal. If the
				  suggested corrections are not objected to, the Commission, Hearing Panel or
				  Hearing Master may direct the corrections to be made and the manner of making
				  them. In the event the parties disagree on proposed corrections, the matter may
				  be heard by the Commission, Hearing Panel or Hearing Master which shall then
				  determine the manner in which the transcript shall be changed, if at
				  all.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 49:967 and Pilotage Fee Commission Rule 60.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 5 - Louisiana Pilotage Fee Commission › Chapter 127 - Hearings › Section LXX-12704 - Formal Exceptions

Current through Register Vol. 50, No. 6, June 20, 2024
A. Formal
				  exceptions to rulings of the Commission, Hearing Panel or Hearing Master issued
				  during a hearing shall be unnecessary. It shall be sufficient that the party at
				  the time any ruling is made or sought shall make known to the Commission,
				  Hearing Panel or Hearing Master the action which he desires.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 49:967 and Pilotage Fee Commission Rule 60.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 5 - Louisiana Pilotage Fee Commission › Chapter 127 - Hearings › Section LXX-12705 - Briefs

Current through Register Vol. 50, No. 6, June 20, 2024
A. Briefs shall be
				  filed only when requested or permitted by the Commission, Hearing Panel or
				  Hearing Master. They shall conform to the rules herein provided for form of
				  pleadings. The points involved shall be concisely stated, the evidence in
				  support of each point shall be briefly summarized, and the argument and
				  authorities shall be organized and directed to each point in a concise and
				  logical manner.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 49:967 and Pilotage Fee Commission Rule 60.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 5 - Louisiana Pilotage Fee Commission › Chapter 128 - Evidence › Section LXX-12801 - Admissibility in General

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any
				  evidence which would be admissible under the general statutes of the State of
				  Louisiana, or under the rules of evidence governing proceedings in matters not
				  involving a trial by jury in the Courts of the State of Louisiana, shall be
				  admissible before the Louisiana Pilotage Fee Commission. Other evidence may be
				  admitted by the Commission, Hearing Panel or the Hearing Master if it is at all
				  probative and relevant, provided the substantive rights of all parties are
				  protected. The rules of evidence shall be applied liberally in any proceeding
				  to the end that all needful and proper evidence shall be conveniently,
				  inexpensively and speedily heard while preserving the substantive rights of the
				  parties to the proceeding.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 49:967 and Pilotage Fee Commission Rule 60.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 5 - Louisiana Pilotage Fee Commission › Chapter 128 - Evidence › Section LXX-12802 - Prepared Testimony

Current through Register Vol. 50, No. 6, June 20, 2024
A. In all
				  proceedings, and after service of copies upon all parties of record at such
				  time as may be designated by the Presiding Commissioner or Hearing Master, the
				  prepared testimony of a witness upon direct examination, either in narrative or
				  question and answer form, may be incorporated in the record as if read, or
				  received as an exhibit, upon the witness' being sworn and identifying the same
				  as being true and correct. Such witness shall be subject to cross examination
				  and the prepared testimony shall be subject to a motion to strike in whole or
				  in parts.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 49:967 and Pilotage Fee Commission Rule 60.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 5 - Louisiana Pilotage Fee Commission › Chapter 128 - Evidence › Section LXX-12803 - Limitations on Number of Witnesses

Current through Register Vol. 50, No. 6, June 20, 2024
A. The Commission, Hearing Panel or Hearing
				  Master shall have the right in any proceeding to limit the number of witnesses
				  whose testimony is merely cumulative.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 49:967 and Pilotage Fee Commission Rule 60.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 5 - Louisiana Pilotage Fee Commission › Chapter 128 - Evidence › Section LXX-12804 - Exhibits

Current through Register Vol. 50, No. 6, June 20, 2024
A. Form. Exhibits
				  of documentary character shall be of such size as not to unduly to encumber the
				  files and records of the Commission. Wherever practicable, the sheets of each
				  exhibit shall be not more than eight and one-half inches by eleven inches in
				  size and numbered, and there shall be a brief statement on the first sheet of
				  the exhibit of what the exhibit purports to show. Exhibits shall be limited to
				  facts material and relevant to the issues in a particular proceeding.
B. Tender and Service. The original of each
				  exhibit offered shall be tendered to the Commission, Hearing Panel or Hearing
				  Master identification and one copy to each other party of record or his
				  attorney or representative.
C.
				  Excluded Exhibits. In the event an exhibit has been identified, objected to and
				  excluded, the Presiding Commissioner or Hearing Master shall determine whether
				  or not the party offering the exhibit withdraws the offer, and if so, permit
				  the return of the exhibit to him. If the excluded exhibit is not withdrawn, it
				  shall be given an exhibit number for identification, shall be endorsed by the
				  Presiding Commissioner or Hearing Master with a ruling, and shall be included
				  in the record, for the purpose only of preserving the exception.
D. After Hearing. Unless specifically
				  directed by the Commission, no exhibit will be permitted to be filed in any
				  proceeding after the conclusion of the hearing.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 49:967 and Pilotage Fee Commission Rule 60.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 5 - Louisiana Pilotage Fee Commission › Chapter 128 - Evidence › Section LXX-12805 - Offer of Proof

Current through Register Vol. 50, No. 6, June 20, 2024
A. When testimony
				  is excluded by ruling of the Commission, Hearing Panel or Hearing Master, the
				  party offering such evidence may be permitted to make an offer of proof by
				  dictating or submitting in writing the substance of the proposed testimony,
				  prior to the conclusion of the hearing, and such offer of proof shall be
				  sufficient to preserve the point for review by the Commission or on appeal. The
				  Commission, Hearing Panel or Hearing Master may ask such questions of the
				  witness as necessary to satisfy himself that the witness would testify as
				  represented in the offer of proof. An alleged error in sustaining an objection
				  to questions asked on cross-examination may be preserved without making an
				  offer of proof.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 49:967 and Pilotage Fee Commission Rule 60.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 5 - Louisiana Pilotage Fee Commission › Chapter 128 - Evidence › Section LXX-12806 - Evidence in Uncontested Proceedings

Current through Register Vol. 50, No. 6, June 20, 2024
A. In any uncontested proceeding, the
				  Commission, Hearing Panel or Hearing Master, as appropriate, shall receive,
				  without regard to the legal rules of admissibility, any evidence of a form and
				  character which would ordinarily be relied upon by a prudent person in an
				  ordinary business transaction, including, without limitation, affidavits,
				  documents and other forms of hearsay testimony deemed by him to be
				  reliable.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 49:967 and Pilotage Fee Commission Rule 60.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 5 - Louisiana Pilotage Fee Commission › Chapter 128 - Evidence › Section LXX-12807 - Subpoenas

Current through Register Vol. 50, No. 6, June 20, 2024
A. Subpoenas for
				  the attendance of witnesses from any place in the State of Louisiana, or for
				  the production of books, papers, accounts or documents at a hearing in a
				  pending proceeding, may be issued by the Commission upon its own motion, or
				  upon the written motion of a party showing that there is good cause for the
				  issuance of same.
B. Motions for
				  subpoenas to compel the production of books, papers, accounts or documents
				  shall be verified and shall specify as nearly as may be possible, the books,
				  papers, accounts or documents desired and the material and relevant facts to be
				  proved by them. No such subpoena shall be issued unless the Commission, Hearing
				  Panel or Hearing Master shall determine that the matter sought is relevant
				  material and necessary and that the production of such books, papers, accounts
				  or documents will not result in unnecessary harassment, imposition, or undue
				  inconvenience or expense to the party to be required to produce the same. No
				  subpoena shall issue for material alleged to be of a trade secret, proprietary
				  or confidential nature unless it be shown after hearing of arguments on the
				  same that no other alternative, such as a protective order, will accomplish a
				  result consistent with the interests of all parties and the public.
C. Any party requesting the issuance of
				  subpoenas, must identify, in writing, each individual to be served or the agent
				  for service of process for each entity to be served, as well as an accurate
				  address for service.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 49:967 and Pilotage Fee Commission Rule 60.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 5 - Louisiana Pilotage Fee Commission › Chapter 129 - Hearing Panels and Hearing Master › Section LXX-12902 - Commission Review of Interlocutory Rulings by the Hearing Panel or Hearing Master

Current through Register Vol. 50, No. 6, June 20, 2024
A. Every ruling
				  by the Hearing Panel or Hearing Master shall be subject to review by the
				  Commission upon its own motion. The Commission may also, upon its own motion,
				  assert its original and primary jurisdiction and consider any question or issue
				  pending before a Hearing Panel or the Hearing Master, including withdrawing the
				  entire matter from the Hearing Panel or Hearing Master at any stage of the
				  proceeding prior to the issuance of the required final
				  recommendation.
B. Any party may
				  apply for immediate review of an interlocutory ruling, which may be obtained
				  only upon a showing of irreparable injury, as defined in Louisiana
				  jurisprudence. The procedure for such a request is as follows.
1. Within ten (10) days of the issuance of
				  the interlocutory ruling, a party may file a motion for immediate review of the
				  ruling. The motion must be accompanied by a legal memorandum which specifies
				  the alleged errors in the ruling, with supporting legal authority, and sets out
				  the grounds and authority for the moving party's claim that the interlocutory
				  ruling will result in irreparable injury.
2. Any party opposing the motion for
				  immediate review shall have ten (10) days from the date on which the motion was
				  filed to file an opposition memorandum.
3. At the conclusion of the deadline for
				  filing opposition memoranda, the Hearing Panel or Hearing Master shall forward
				  to the Commissioners the motion for immediate review, any memoranda filed in
				  support of or in opposition to the motion, a copy or transcript of the
				  interlocutory ruling being questioned, and any written comment offered by the
				  Hearing Panel or Hearing Master, and shall forward the motion for immediate
				  review to the Administrator for placement on the Commission meeting
				  agenda.
4. Pending a ruling by the
				  Commissioners on the motion for immediate review, the Hearing Panel or Hearing
				  Master, may, upon motion, grant a stay of the interlocutory ruling upon a
				  finding of good cause. The mere filing of a motion for immediate review shall
				  not stay the interlocutory ruling and shall not interrupt, delay, or in any
				  manner interfere with the proceedings in the docketed matter.
5. The Hearing Panel or Hearing Master may
				  treat the filing of the motion for immediate review as a motion for
				  reconsideration of the interlocutory ruling and may withdraw or modify the
				  interlocutory ruling in response to the motion.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 5 - Louisiana Pilotage Fee Commission › Chapter 130 - Abandonment › Section LXX-13001 - Abandonment after One Year

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Unless otherwise ordered by the Commission, a docketed proceeding instituted
				  before the Commission is deemed abandoned when the parties fail to take any
				  step in its prosecution or defense for a period of one year.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 49:967 and Pilotage Fee Commission Rule 60.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 5 - Louisiana Pilotage Fee Commission › Chapter 131 - Rulemaking › Section LXX-13101 - Proposal and Promulgation of Rules

Current through Register Vol. 50, No. 6, June 20, 2024
A. The procedure for the proposed adoption,
				  amendment, or repeal of any rule or regulation shall be in accordance with the
				  rules in this Chapter.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 49:967 and Pilotage Fee Commission Rule 60.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 5 - Louisiana Pilotage Fee Commission › Chapter 131 - Rulemaking › Section LXX-13102 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
A.
Rule
- each statement, guide, or requirement of the Commission
				  for conduct or action, exclusive of those regulating only the internal
				  management and organization of the Commission and its staff, which has the
				  effect of implementing or interpreting substantive law or policy.
B.
Rulemaking
- the process
				  employed by the Commission for the formulation of a rule.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 49:967 and Pilotage Fee Commission Rule 60.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 5 - Louisiana Pilotage Fee Commission › Chapter 131 - Rulemaking › Section LXX-13103 - Public Information; Adoption of Rules; Availability of Rules and Orders

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  Commission shall make available for public inspection all rules, preambles,
				  responses to comments, and submissions and all other written statements of
				  policy or interpretations formulated, adopted, or used by the Commission in the
				  discharge of its functions. All Commission rules shall be posted on the
				  Commission website.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 49:967 and Pilotage Fee Commission Rule 60.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 5 - Louisiana Pilotage Fee Commission › Chapter 131 - Rulemaking › Section LXX-13104 - Procedure for Adoption of Rules

Current through Register Vol. 50, No. 6, June 20, 2024
A. Prior to the adoption, amendment, or
				  repeal of any rule, the Commission shall provide notice of its intended action
				  and a copy of the proposed rules at least 60 days prior to taking action on the
				  rule. The notice shall include:
1. a
				  statement of either the terms or substance of the intended action or a
				  description of the subjects and issues involved;
2. the name of the person within the
				  Commission who has the responsibility for responding to inquiries about the
				  intended action;
3. the time when,
				  the place where, and the manner in which interested persons may present their
				  views thereon;
4. a statement that
				  the intended action complies with the statutory law administered by the
				  Commission, including a citation of the enabling legislation; and
5. a statement indicating whether the
				  Commission has prepared a preamble which explains the basis and rationale for
				  the intended action, summarizes the information and data supporting the
				  intended action, and provides information concerning how the preamble may be
				  obtained.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 5 - Louisiana Pilotage Fee Commission › Chapter 131 - Rulemaking › Section LXX-13105 - Initiation of Rulemaking by Petition

Current through Register Vol. 50, No. 6, June 20, 2024
A. An interested person may petition the
				  Commission requesting the adoption, amendment, or repeal of a rule.
B. Within sixty days after submission of a
				  petition, the Commission shall either deny the petition in writing, stating
				  reasons for the denial, or shall initiate rule making proceedings.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 49:967 and Pilotage Fee Commission Rule 60.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 5 - Louisiana Pilotage Fee Commission › Chapter 131 - Rulemaking › Section LXX-13106 - Filing; Taking Effect of Future Rules

Current through Register Vol. 50, No. 6, June 20, 2024
A. The Commission shall file a certified copy
				  of its rules with the Department of the State Register. No rule shall be
				  effective, nor may it be enforced, unless it has been properly filed with the
				  Department of the State Register. The inadvertent failure to mail notice and
				  statements to persons making request for such mail notice shall not invalidate
				  any rule adopted hereunder.
B. Each
				  rule hereafter adopted shall be effective upon its publication in the Louisiana
				  Register. Said publication shall be subsequent to the act of
				  adoption.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 49:967 and Pilotage Fee Commission Rule 60.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 5 - Louisiana Pilotage Fee Commission › Chapter 132 - Orders › Section LXX-13201 - Form, Content and Service of Orders

Current through Register Vol. 50, No. 6, June 20, 2024
A. All orders of the Commission shall be in
				  writing and shall be signed by at least six (6) Commissioners or by the
				  Administrator on behalf of the Commission when so authorized. The written order
				  of the Commission shall be issued as soon as possible after the Commission's
				  decision. Abstinences shall be regarded as total nonparticipation by the
				  abstaining Commissioner or Commissioners, except where an abstention deadlocks
				  the participatory vote, in which case an abstention shall be taken as a denial
				  of the relief sought. All orders shall incorporate findings of fact as the
				  record justifies and conclusions of law. A copy of each order shall be served
				  forthwith upon all parties to the proceeding by the Administrator. All orders
				  shall go into effect ten (10) days after mailing thereof, unless otherwise
				  provided, or unless a motion for rehearing is filed timely.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 49:967 and Pilotage Fee Commission Rule 60.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 5 - Louisiana Pilotage Fee Commission › Chapter 132 - Orders › Section LXX-13202 - Preparation of the Order

Current through Register Vol. 50, No. 6, June 20, 2024
A. Once a
				  final decision is rendered by the Commission, the Commission shall instruct the
				  prevailing party to prepare a draft order. The prevailing party shall circulate
				  the draft order to the other parties for comment. If no objections are received
				  within ten days, the Commission shall issue the final order. If any objections
				  are received with respect to the draft order, the Commission shall ask for
				  comments on the disputed language and decide the issue as it deems
				  appropriate.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 49:967 and Pilotage Fee Commission Rule 60.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 5 - Louisiana Pilotage Fee Commission › Chapter 132 - Orders › Section LXX-13204 - Rehearing

Current through Register Vol. 50, No. 6, June 20, 2024
A. When the
				  Commission concludes that substantial errors of procedure or the exclusion of
				  evidence have so affected the record as to render it impracticable to determine
				  the case justly and fairly upon the record provided by the Commission, Hearing
				  Panel or Hearing Master, it may order a rehearing on its own motion. The
				  Commission may also order a rehearing on motion of any party provided said
				  motion is received within ten (10) days of the mailing of the order or ruling
				  complained of. The ruling or order complained of shall be suspended with the
				  filing of an appropriate motion to rehear until the motion to rehear is denied;
				  provided that, any order or ruling of the Commission which specifically sets a
				  date for the effectiveness of such shall not be suspended by the filing of a
				  motion to rehear. The granting of a motion or setting of a matter for rehearing
				  shall suspend the operation of the rule or order in question unless otherwise
				  provided by the Commission. Where no motion to rehear is timely filed, orders
				  shall become effective ten (10) days after issuance.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 49:967 and Pilotage Fee Commission Rule 60.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 5 - Louisiana Pilotage Fee Commission › Chapter 132 - Orders › Section LXX-13205 - Voting

Current through Register Vol. 50, No. 6, June 20, 2024
A. The Chairman
				  shall decide the order in which the votes of Commission members are cast and,
				  at his discretion, may vote last.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 49:967 and Pilotage Fee Commission Rule 60.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 6 - Board of Louisiana River Pilot Review and Oversight › Chapter 150 - General Provisions › Section LXX-15001 - Authority

Current through Register Vol. 50, No. 6, June 20, 2024
A. These rules and
				  regulations are promulgated in accordance with the provisions of
				  R.S.
				  34:1135.A in order to provide for the
				  implementation, enforcement, and administration of
				  R.S.
				  34:1131 et seq., which provide for the
				  creation, powers, duties, and responsibilities of the Board of Louisiana River
				  Pilot Review and Oversight. These regulations are further promulgated in
				  accordance with the Administrative Procedure Act (APA),
				  R.S.
				  49:950 et seq., to the extent that any
				  procedure in the APA does not conflict with any provision of these
				  rules.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S. R.S.
					 34:1135.A.