Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 80 - Law Enforcement › Subchapter 00 - N/A › Part 9 - Rhode Island State Pilotage Commission Rules and Regulations › Section 250-RICR-80-00-9.3 - Definitions

Current through June 14, 2024
A. The following words when used in these
				  Rules shall have the following meaning:
1.
				  "Adjudicatory proceeding" means an adjudicatory proceeding before the
				  Commission in which the legal rights, duties or privileges of specifically
				  named persons are determined after an opportunity for a hearing.
2. "Agent" means the agency that represents
				  the state pilot and appoints the pilot for duty. The agent is responsible for
				  the distribution of pilotage assignments and oversees all expenditures and
				  day-to-day operations.
3.
				  "Appearance" means a notice of participation in an adjudicatory proceeding
				  which may be accomplished either by the filing of a pleading or an entry of
				  appearance with the Secretary of the Commission.
4. "Apprentice" means an individual approved
				  and certified by the Commission who is undergoing an approved pilot training
				  and qualification program.
5.
				  "Certification" means a statement wherein a party attests that they have
				  performed the requirements of §
											9.5(I) of
				  this Part.
6. "Coast Guard" means
				  the United States Coast Guard.
7.
				  "Commenced" means an administrative hearing has commenced upon conclusion of
				  the pre-hearing conference.
8.
				  "Commission" means the Rhode Island State Pilotage Commission, or when the
				  context permits, to individual members, sub-committees, its staff, agents or
				  employees.
9. "Commission meeting"
				  means any meeting of the full Commission.
10. "Commission office" means the offices of
				  the Commission at the Division of Law Enforcement, Department of Environmental
				  Management, 235 Promenade Street, Providence, Rhode Island.
11. "Depth" means the vertical distance at
				  amidships from the top of the keel plate to the uppermost continuous deck, fore
				  and aft, and which extends to the sides of the vessel. The continuity of the
				  deck shall not be considered to be affected by the existence of tonnage
				  openings, engine spaces, or a step in the deck.
12. "Extreme breadth" means the maximum
				  breadth to the outside of the shell plating of the vessel.
13. "License" means a document issued by the
				  Commission to a pilot authorizing that individual to serve as a state pilot on
				  board such vessels requiring the same.
14. "LOA" means length overall.
15. "Mile" or "Miles" means a unit of length
				  that is approximately one minute of arc measured along any meridian and by
				  international agreement it has been set at one thousand eight hundred fifty-two
				  (1,852) meters exactly (or approximately six thousand seventy-six (6,076)
				  feet).
16. "Overall length" means
				  the distance between the forward and after extremities of the vessel.
17. "Papers" means all written communications
				  submitted to the Commission in an adjudicatory proceeding, including but not
				  limited to, motions, pleadings, documents and all other
				  correspondence.
18. "Party" means
				  the specifically named person(s) whose legal rights, duties, or privileges are
				  being determined in an Adjudicatory Proceeding; and any other person who has
				  been granted the right to intervene.
19. "Person" means any individual,
				  partnership, corporation, limited liability company, association, governmental
				  subdivision, or public or private organization.
20. "Petitioner" means a person who initiates
				  an adjudicatory proceeding.
21.
				  "Pilot of record" means pilot who shall receive all pilotage fees for the
				  vessel movement.
22. "Pilots"
				  means licensed Rhode Island state pilots.
23. "Portable pilot unit" or "PPU" means any
				  portable computer device issued or made available to a Rhode Island licensed
				  pilot to assist in navigational responsibilities.
24. "Regular business hours" means papers
				  will be deemed filed during regular business hours if received during the hours
				  of 8:30 AM to 4:00 PM Monday through Friday on days other than State holidays.
				  The department's physical, facsimile, or electronic mail date stamp shall be
				  presumptive of the actual date and the time of filing. Filing by electronic
				  transmittal is permitted, provided however, an original copy of said filing
				  shall be delivered to the Commission within five (5) days of electronic
				  transmittal.
25. "Reportable
				  incident" means any grounding of a vessel while being piloted, or the allision
				  of a piloted vessel with another vessel or structure, or if the pilot becomes
				  aware that a piloted vessel has suffered any engine or navigational control
				  failures while in the waters under the control of the Commission, or any other
				  occurrence that the pilot believes could reasonably affect the safe navigation
				  of the vessel.
26. "Respondent"
				  means the party who challenges an order of the Commission or any other parties
				  not bearing the burden of proof.
27. "Secretary" means the administrative
				  Secretary of the Commission.
28.
				  "Solo" means to direct the movement, including docking/undocking, of any vessel
				  without any verbal guidance from the State Pilot Board Member.
29. "State Pilot Board" means three (3) full
				  branch pilots appointed by the State Pilotage Commission to supervise the
				  training and instruction of apprentices.
30. "Supervising pilot" means any full branch
				  pilot licensed by the State of Rhode Island.