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-15005 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
A. The following terms as used in these rules and
					 regulations shall have the following meanings:
Accident
- any occurrence involving a
					 vessel that results in any allision, collision, grounding, loss of life, or
					 personal injury that requires professional medical treatment (treatment beyond
					 first aid).
Adjudication
- the board's or the Board of
					 Commissioners' or Examiners' process for the formulation of a decision or
					 order.
Administrative Complaint
- any written
					 document filed by an investigating officer with the board or the Board of
					 Commissioners or Examiners in the procedure prescribed in
					 §15217 of
					 this rule.
Administrative Procedure Act
or
APA
- the Louisiana Administrative Procedure Act,
					 R.S.
					 49:950 et seq.
Alcohol
- any intoxicating beverage, fluid,
					 or solid capable of being converted into fluid, suitable for human consumption,
					 which contains ethanol, and any distilled spirit as defined in
					 27 U.S.C.
					 211.
Board of Commissioners or Examiners
- the
					 Board of Examiners of Bar Pilots for the Port of New Orleans, established in
					 R.S.
					 34:941 et seq., the Board of River Port Pilot
					 Commissioners for the Port of New Orleans, established in
					 R.S.
					 34:991 et seq., the Board of Examiners for
					 the New Orleans and Baton Rouge Steamship Pilots for the Mississippi River,
					 established in
					 R.S.
					 34:1041 et seq., and the Board of River Port
					 Pilot Commissioners and Examiners for the Calcasieu River Waterway, established
					 in R.S.
					 34:1072 et seq.
Board or Board of Review and Oversight
-
					 the Louisiana River Pilot Review and Oversight, established by
					 R.S.
					 34:1131 et seq.
Complaint
- any sworn typewritten
					 submission filed by any source with the board against any state commissioned
					 pilot for actions taken by the pilot while in the performance of his duties,
					 including acts of misconduct, carelessness, incompetence, intoxication,
					 negligence, the refusal to offer timely pilotage services without just cause,
					 abuse of legally prescribed medication and illegal use of controlled dangerous
					 substances.
Controlled Dangerous Substance
- any drug
					 as defined in R.S. 40:961.7 and
					 R.S.
					 40:964, and any controlled substance in
					 schedules I through V of the Controlled Substances Act (21 U.S.C.
					 812), and as further defined by regulation at
					 21 CFR
					 1308.11 through
					 1308.15.
Decision
or O
rder
- the
					 final disposition of any matter decided by the board involving a state
					 commissioned pilot while the pilot is acting under his state commission. A
					 decision or order shall also mean the final disposition of any matter decided
					 by the Board of Commissioners or Examiners involving a state commissioned
					 pilot.
Drug
- all controlled dangerous substances
					 as defined in R.S. 40:961.7 and
					 R.S.
					 40:964, and any substance, by whatever
					 official name, common or usual name, chemical name, or brand name designated in
					 Schedules I-V, 21 CFR 1308.11-15.
Grounding
- a beaching or running aground
					 in which the vessel is damaged or needs assistance to be refloated.
Incident
-
a. any accident as defined in this Subsection;
b. any sworn complaint involving a state commissioned pilot
					 while acting under his commission; or
c. any other event involving a Louisiana state commissioned
					 pilot while acting under his commission that, in the discretion of any member
					 of the Board of Commissioners or Examiners, justifies further
					 investigation.
Incident Report
- the form provided by the
					 board to be completed and submitted by the Board of Commissioners or Examiners
					 involving any incident.
Notice
or
Issue Notice or
					 Service
- in connection with these regulations and the requirements for
					 notice in the APA,
					 R.S.
					 49:955.B, means that all references to the
					 providing and delivering of service of written documents or pleadings shall be
					 by personal service or certified mail, return receipt requested, or by means of
					 a commercial overnight carrier.
Party
- in connection with an appeal of a
					 formal disciplinary adjudication before the Board of Commissioners or
					 Examiners, means the pilot who is the subject of the investigation, the Board
					 of Commissioners or Examiners, and the investigator appointed by the Board of
					 Commissioners or Examiners.
Pilot
- as defined in R.S. 1131(3), means
					 those pilots as designated in
					 R.S.
					 34:941, 992, 1041, and 1071.
Prescribed Medication
- controlled
					 dangerous substance distributed by the authorization of a licensed physician as
					 defined in R.S. 40:961.31.
Report
- any written submission, in the
					 manner prescribed by
					 §15207 of
					 this Subpart prepared by the Board of Commissioners or Examiners as
					 follows:
a. relating to an accident involving any state commissioned
					 pilot while the pilot is acting under his state commission;
b. relating to a consent discipline agreed to by and
					 between a state commissioned pilot and the Board of Commissioners or Examiners;
					 and
c. relating to a formal disciplinary adjudication rendered
					 by the Board of Commissioners or Examiners.
Rule
- each statement, guide, or
					 requirement of the board for conduct or action relating to its duties, or which
					 prescribes the procedure or practice requirements of the board.
Rulemaking
- the process employed by the
					 board for the formulation of a rule.
Sworn
- in connection with a complaint,
					 means the allegations made by the complainant that are given in writing and
					 under oath before a notary public in which the complainant swears to the
					 truthfulness of the allegations, subject to the penalties for
					 perjury.
AUTHORITY NOTE:
					 Promulgated in accordance with 21 CFR 1308.11-15,
					 27 U.S.C.
					 211(a)(5) and
					 27 CFR
					 1.10, R.S. 34:1129.2, R.S. 1131(3),
					 R.S.
					 34:1133.G,
					 R.S.
					 34:1135.F,
					 R.S.
					 34:1135.C E, and
					 R.S.
					 49:951.