reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 856 - PUBLIC UTILITY COMMISSION, OREGON BOARD OF MARITIME PILOTS › Division 10 - GENERAL › Section 856-010-0045 - Grounds for Pilot Discipline

Current through Register Vol. 63, No. 7, July 1, 2024
The board may revoke or suspend a pilot's license, impose on
				the pilot a civil penalty of not more than $250 for each offense, or issue the
				pilot a written reprimand if the board finds, after notice and hearing,
				that:
(1) The physical health of a
			 pilot is such that the pilot is not physically capable of competently
			 exercising the license privilege and performing the work involved without
			 creating an unreasonable risk of harm to the pilot or to the person or property
			 of others.
(2) The mental or
			 emotional health of a pilot is such that the pilot is not competent to exercise
			 the license privilege and is unable to perform the work involved without
			 creating an unreasonable risk of harm to the pilot or to the person or property
			 of others.
(3) The pilot has
			 committed a criminal act, the facts and circumstances of which bear a
			 demonstrable relationship to the exercise of the license privilege. Conviction
			 of a crime is not required to discipline a pilot under this
			 provision.
(4) A pilot acts or
			 attempts to act as a pilot on any pilotage ground:
(a) Within 12 hours after the consumption of
			 any alcoholic beverage;
(b) While
			 under the influence of alcohol; or
(c) While using any drug that affects the
			 pilot's faculties in any way contrary to safety.
Oregon Administrative Rules › Chapter 856 - PUBLIC UTILITY COMMISSION, OREGON BOARD OF MARITIME PILOTS › Division 10 - GENERAL › Section 856-010-0047 - Disciplinary Sanctions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Upon
			 determination by the Board that a pilot is subject to discipline under OAR
			 856-010-0045, the Board may
			 consider the following factors in determining the appropriate sanction to be
			 imposed:
(a) The nature of the
			 violation;
(b) The facts and
			 circumstances of the violation;
(c)
			 The mental state of the pilot in committing the violation, e.g., whether the
			 violation was intended or unintended;
(d) The extent of the harm or injury caused
			 by the violation or the potential for harm or injury;
(e) Any aggravating or mitigating
			 circumstances.
Oregon Administrative Rules › Chapter 856 - PUBLIC UTILITY COMMISSION, OREGON BOARD OF MARITIME PILOTS › Division 10 - GENERAL › Section 856-010-0050 - Pilot Organization Bylaws

Current through Register Vol. 63, No. 7, July 1, 2024
Any pilot or organized group of pilots operating under the
				authority of ORS Chapter 776 and OAR chapter 856 shall maintain on file with
				the Board a current copy of their respective group's bylaws and amendments.
				Hereafter, they shall file with the Board each new amendment adopted by their
				respective groups in order that the Board may be kept informed of pilot groups'
				acts and activities.
Stat. Auth.: ORS 776
Stats. Implemented: ORS
				  776.115
Oregon Administrative Rules › Chapter 856 - PUBLIC UTILITY COMMISSION, OREGON BOARD OF MARITIME PILOTS › Division 10 - GENERAL › Section 856-010-0060 - Compulsory Pilotage Vessel Exemptions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) On the Columbia River Bar, Coos Bay Bar
			 and Yaquina Bay Bar pilotage grounds, the following vessels are exempt from
			 compulsory pilotage:
(a) Foreign fishing
			 vessels not more than 100 feet or 250 gross tons international,
(b) Recreational vessels not more than 100
			 feet in length.
Oregon Administrative Rules › Chapter 856 - PUBLIC UTILITY COMMISSION, OREGON BOARD OF MARITIME PILOTS › Division 15 - TRAINING AND LICENSING › Section 856-015-0001 - Training Organizations

Current through Register Vol. 63, No. 7, July 1, 2024
(1) New
			 Applicants. Upon receiving a qualifying written application from an interested
			 organization of pilots, the Board shall issue an original license to training
			 organizations for the relevant pilotage ground. Every organization of pilots
			 applying for licensure by the Board to provide training to apprentices or pilot
			 trainees must:
(a) Demonstrate to the
			 satisfaction of the Board that it meets the requirements of ORS
			 776.311(1),
			 and
(b) Demonstrate to the
			 satisfaction of the Board that it is able to provide the training services
			 required for trainees and apprentices, when applicable, as set forth in OAR
			 856-015-0011 (Columbia &
			 Willamette Rivers), OAR
			 856-015-0012 (Coos Bay Bar), OAR
			 856-015-0013 (Yaquina Bay Bar),
			 or OAR 856-015-0014 (Columbia River
			 Bar).
Oregon Administrative Rules › Chapter 856 - PUBLIC UTILITY COMMISSION, OREGON BOARD OF MARITIME PILOTS › Division 15 - TRAINING AND LICENSING › Section 856-015-0012 - Original Licensing Requirements - Coos Bay Bar Pilotage Ground

Current through Register Vol. 63, No. 7, July 1, 2024
When applying for a license on the Coos Bay bar pilotage
				ground, the applicant shall:
(1) Hold
			 a valid license as Master endorsed for Radar Observer issued by the U.S. Coast
			 Guard and shall have served at least two years as Master aboard vessels, or,
			 notwithstanding subsection (3), hold and have served at least five years under
			 an unlimited state pilot's license for a pilotage ground other than Coos Bay
			 Bar or Yaquina Bay Bar;
(2) Hold a
			 federal Master's license with an unlimited federal pilot's endorsement for the
			 Coos Bay bar pilotage ground;
(3)
			 Complete at least one hundred (100) crossings of the Coos Bay bar while under
			 the supervision of an unlimited state-licensed Coos Bay bar pilot, with at
			 least ten crossings with each unlimited state-licensed Coos Bay bar pilot and
			 with at least 25 of the bar crossings completed during hours of
			 darkness;
(4) Dock and undock at
			 least 25 ships under the supervision of an unlimited state-licensed
			 pilot;
(5) Make at least 25 trips
			 through each of the bridges; and
(6) Submit letters from each of the Coos Bay
			 bar pilots who have supervised the training of the applicant, certifying that
			 the applicant has demonstrated local knowledge of the pilotage ground and
			 shiphandling skills sufficient to pilot ocean-going ships on the pilotage
			 ground.
Statutory/Other Authority: ORS
				  776.115
Statutes/Other Implemented: ORS
				  776.115 & ORS
				  776.300
Oregon Administrative Rules › Chapter 856 - PUBLIC UTILITY COMMISSION, OREGON BOARD OF MARITIME PILOTS › Division 15 - TRAINING AND LICENSING › Section 856-015-0013 - Original Licensing Requirements - Yaquina Bay Bar Pilotage Ground

Current through Register Vol. 63, No. 7, July 1, 2024
When applying for a license on the Yaquina Bay bar pilotage
				ground the applicant shall:
(1) Hold a
			 valid license as Master endorsed for Radar Observer issued by the U.S. Coast
			 Guard and shall have served at least two years as Master aboard vessels, or,
			 notwithstanding subsection (3), hold and have served at least five years under
			 an unlimited state pilot's license for a pilotage ground other than Coos Bay
			 Bar or Yaquina Bay Bar;
(2) Hold a
			 federal Master's license with an unlimited federal pilots' endorsement for the
			 Yaquina Bay bar pilotage ground;
(3) Complete at least one hundred (100)
			 crossings of the Yaquina Bay bar while under the supervision of an unlimited
			 state-licensed Yaquina Bay bar pilot, or after completing two years of piloting
			 with a state license in Coos Bay, the number of bar crossings at Yaquina Bay
			 may be reduced to 12, with at least one such crossing with each unlimited
			 state-licensed Yaquina Bay bar pilot and with at least twenty-five percent
			 (25%) of the bar crossings completed during the hours of darkness;
(4) Dock and undock at least 25 ships under
			 the supervision of an unlimited state-licensed Yaquina Bay bar pilot, or after
			 completing two years of piloting with a state license in Coos Bay, the number
			 of dockings and undockings may be reduced to 12;
(5) Make at least twenty-five (25) trips
			 through the bridge, or after completing two years of piloting with a state
			 license in Coos Bay, the number of trips may be reduced to 12; and
(6) Submit letters from each of the Yaquina
			 Bay bar pilots who have supervised training of the applicant, certifying that
			 the applicant has demonstrated local knowledge of the pilotage ground and
			 shiphandling skills sufficient to pilot ocean-going ships on the pilotage
			 ground.
Statutory/Other Authority: ORS
				  776.115
Statutes/Other Implemented: ORS
				  776.115 & ORS
				  776.300
Oregon Administrative Rules › Chapter 856 - PUBLIC UTILITY COMMISSION, OREGON BOARD OF MARITIME PILOTS › Division 15 - TRAINING AND LICENSING › Section 856-015-0014 - Pilot Licensing Requirements - Columbia River Bar Pilotage Ground

Current through Register Vol. 63, No. 7, July 1, 2024
When applying for an original license on the Columbia River Bar
				pilotage ground the applicant shall:
(1) Hold a valid license issued by the U.S.
			 Coast Guard as "Unlimited Master any oceans - any tonnage", endorsed for Radar
			 Observer.
(2) Hold a valid Columbia
			 River Bar trainee license issued by the Board.
(3) Make a minimum of one hundred (100)
			 crossings of the Columbia River Bar under the supervision of a state-licensed
			 Columbia River Bar pilot. These crossings shall be made while holding a valid
			 federal pilot endorsement.
(4)
			 Document having been on board and observed a minimum of ten (10) ships docking
			 or undocking from the Astoria Port Docks, Tongue Point, and other facilities.
			 These observations shall be made while holding a valid federal pilot
			 endorsement.
(5) Document having
			 made at least twenty-five percent (25%) of the minimum one hundred (100)
			 crossings of the Columbia River Bar during the hours of darkness.
Statutory/Other Authority: ORS
				  776.115
Statutes/Other Implemented: ORS
				  776.300
Oregon Administrative Rules › Chapter 856 - PUBLIC UTILITY COMMISSION, OREGON BOARD OF MARITIME PILOTS › Division 15 - TRAINING AND LICENSING › Section 856-015-0015 - Restrictions on Licenses

Current through Register Vol. 63, No. 7, July 1, 2024
After receiving an original license the following restrictions
				shall apply:
(1) Columbia and
			 Willamette River Grade "C" and Grade "B" license holders shall not pilot
			 vessels with a draft of 38 feet or greater. Columbia and Willamette River Grade
			 "A" license holders shall not pilot vessels with a draft of 40 feet or greater.
			 Columbia and Willamette River Grade "C", "B" and "A" license holders shall not
			 pilot tankers.
(2) Columbia and
			 Willamette River license holders shall not pilot any vessel through or above
			 the Burlington Northern Railroad Bridge in the upper harbor of Portland until
			 the licensee has completed the requirements of
			 856-015-0011(2).
(3) Except for Columbia River bar pilots who
			 have a minimum of two years' experience on tankers as Master or pilot, no
			 Columbia River bar pilot shall pilot a loaded tanker during the first two years
			 as a licensee.
(4) Coos Bay bar
			 pilots shall not move any ship exceeding 41,000 gross tons, or exceeding 700
			 feet in length, or exceeding 106 feet of beam, or any ship exceeding 300 feet
			 in length with the wheelhouse forward of amidships, during the first two years
			 as a licensee.
(5) Coos Bay bar
			 pilots shall not move loaded tankers during the first two years as a licensee,
			 nor shall Coos Bay bar pilots move any ship exceeding 23,000 gross tons through
			 the bridges during the first two years as a licensee.
(6) Yaquina Bay bar pilots shall not move any
			 ship exceeding 23,000 gross tons, or any ship exceeding 300 feet in length with
			 the wheelhouse forward of amidships, during the first two years as a
			 licensee.
(7) Yaquina Bay bar
			 pilots shall not move loaded tankers during the first two years as a
			 licensee.
(8) The Board may, upon
			 application by the licensee, recognize any combination of master's tanker and
			 pilot's experience to equal any time period required by this rule.
Statutory/Other Authority: ORS 670 & 776
Statutes/Other Implemented: ORS
				  776.115 &
				  670.310
Oregon Administrative Rules › Chapter 856 - PUBLIC UTILITY COMMISSION, OREGON BOARD OF MARITIME PILOTS › Division 15 - TRAINING AND LICENSING › Section 856-015-0020 - Pilot Trainee Selection - Columbia River Bar Pilotage Ground

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Initial
			 Application. Individuals applying for licensure as a trainee on the Columbia
			 River Bar pilotage ground must submit the following to the Board offices:
			 (Note: Individuals can contact the Board to receive forms and information
			 describing the application, evaluation and selection processes.)
(a) A completed application form prescribed
			 by the Board;
(b) All documentation
			 required by OAR 856-015-0005;
(c) A copy of the applicant's Certificates of
			 Discharge or of a Continuous Discharge Book, demonstrating the applicant has
			 served at least one (1) year as Master of an offshore merchant ship of 5,000
			 International Gross Tons or more. At least six (6) months of this experience
			 must have been obtained no more than three (3) years prior to application;
			 (Note: An applicant is expected to maintain this recency requirement throughout
			 the process, and will be required to demonstrate it again if offered issuance
			 of trainee licensure.)
(d)
			 Verification of the applicant's character and fitness to serve as a Columbia
			 River Bar Pilot Trainee, provided by three (3) references who have professional
			 maritime experience with the applicant. These character and fitness
			 verifications shall be provided in the format and on forms prescribed by the
			 Board, and must be submitted directly to the Board by the reference, not by the
			 applicant;
(e) A copy of
			 applicant's valid license issued by the U.S.. Coast Guard as "Unlimited Master
			 of any oceans - any tonnage", endorsed for Radar Observer.
Oregon Administrative Rules › Chapter 856 - PUBLIC UTILITY COMMISSION, OREGON BOARD OF MARITIME PILOTS › Division 15 - TRAINING AND LICENSING › Section 856-015-0023 - Applicant Examination and Ranking - Columbia and Willamette River Pilotage Ground

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Initial
			 Application. Applications may be submitted at any time, but no application will
			 be considered for the upcoming examination cycle unless it is submitted by
			 August 1 of that examination year. Individuals applying for admission to the
			 examination process for licensure as a trainee on the Columbia and Willamette
			 River pilotage ground must submit:
(a) The
			 following documents:
(A) A completed
			 application form prescribed by the Board. Applications submitted without a
			 completed application form are incomplete and will be automatically rejected;
			 and
(B) All documentation required
			 by OAR 856-015-0005. Applications
			 submitted without all documentation required by OAR
			 856-015-0005 are incomplete and
			 will be automatically rejected.
Oregon Administrative Rules › Chapter 856 - PUBLIC UTILITY COMMISSION, OREGON BOARD OF MARITIME PILOTS › Division 15 - TRAINING AND LICENSING › Section 856-015-0025 - Apprentice Selection & Training Program - Columbia & Willamette River Pilotage Ground

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Application for
			 a Certificate as a Pilot Apprentice for the Columbia and Willamette River
			 pilotage ground shall be made on a form provided by the Board.
(2) The Board of Maritime Pilots shall
			 certify from among the eligible applicants the best qualified individual or
			 individuals for apprenticeship. Selection shall be in accordance with selection
			 criteria procedures, based upon numerical ranking, promulgated by the Board of
			 Maritime Pilots.
(3) No more than
			 two apprentices shall be in the apprenticeship program at any time. The Board
			 shall accept new apprentices into training at intervals of two years or
			 longer.
(4) Minimum qualifications
			 for certification as a Pilot Apprentice for the Columbia & WIllamette River
			 pilotage ground are all of the following:
(a)
			 Academic: Completion of a four-year course of study and receipt of a degree
			 from an accredited maritime academy.
(b) Previous Maritime Experience: A minimum
			 of two years of actual experience as an officer in charge of a navigation watch
			 while holding one or more of the following licenses:
(A) Master of Towing Vessels (Inland
			 Waterways)
(B) Master of Towing
			 Vessels (Ocean)
(C) Master, Vessels
			 Greater than 1,600 Tons
(D) Master,
			 Vessels 1,600 Tons or Less
(E)
			 Chief or Second Mate on Vessels Greater than 1,600 Tons
(c) A First Class Pilot Endorsement for any
			 U.S. inland waterway.
Oregon Administrative Rules › Chapter 856 - PUBLIC UTILITY COMMISSION, OREGON BOARD OF MARITIME PILOTS › Division 15 - TRAINING AND LICENSING › Section 856-015-0030 - Pilot Trainee Selection-Coos Bay Bar and Yaquina Bay Bar Pilotage Grounds

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Applicants
			 for trainee positions must submit their applications to the Board of Maritime
			 Pilots on forms provided by the Board. When the Board determines that a need
			 for a trainee exists, it shall select from among the eligible applicants the
			 best qualified for training. Selection must be based upon numerical ranking
			 according to the point system set forth below. The person selected shall be
			 appointed for training on both pilotage grounds.
(2) Applicants for trainee positions shall be
			 ranked based upon a point system, with points awarded for each of the following
			 categories:
(a) Academic:
(A) Graduation from high school or equivalent
			 certification: 10 points.
(B) Two
			 or more years at an accredited college or university: 5 points.
(C) Post-graduate or professional degree: 5
			 points.
(D) Completion of a
			 four-year course of study at an accredited maritime academy: 15
			 points.
(E) Maximum total points
			 under this section is 25.
Oregon Administrative Rules › Chapter 856 - PUBLIC UTILITY COMMISSION, OREGON BOARD OF MARITIME PILOTS › Division 15 - TRAINING AND LICENSING › Section 856-015-0035 - Pilot Licensing Requirements - Columbia and Willamette River Pilotage Ground - Grade "B", Grade "A" and Unlimited Licenses

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A Grade "B"
			 License issued by the Board authorizes the holder to pilot vessels on the
			 Columbia & Willamette River pilotage ground up to 700 feet L.O.A., except a
			 Grade "B" pilot shall not pilot tankers or vesels with a draft of 38 feet or
			 greater.
(2) To qualify for a Grade
			 "B" license, an applicant must meet the following requirements:
(a) Hold an active Grade "C" license and
			 complete at least 180 days service on the Columbia & Willamette River
			 pilotage ground while holding a Grade "C" license.
(b) Complete at least 30 trips, of which at
			 least 20 are transits, on the pilotage ground piloting ships of between 300 and
			 600 feet L.O.A.
(c) Complete at
			 least 25 transits on ships 600 feet L.O.A. or greater under the supervision of
			 a minimum of ten (10) different pilots, at least six (6) of whom have held
			 unlimited state licenses for at least five (5) years.
(d) Complete at least five (5) trips in
			 either direction between Astoria and either Longview or Kalama on ships 600
			 feet L.O.A. or greater under the supervision of an unlimited state-licensed
			 pilot.
(e) Make at least six (6)
			 trips under the supervision of unlimited state-licensed pilots while on the
			 bridge of ships not less than 500 feet L.O.A., with at least three (3) trips in
			 each of the following directions:
(A) From the
			 Willamette River, turning east (upstream) into the Columbia River;
			 and
(B) From the Columbia River
			 upstream of the mouth of the Willamette River, turning south into the
			 Willamette River.
(f)
			 Complete at least two (2) trips from dock to dock or anchor to dock while on
			 ships not less than 600 feet L.O.A. while under the supervision of an unlimited
			 state-licensed pilot, with each such trip requiring a 180 degree turn before
			 docking.
(g) Present
			 recommendations from the training course monitor and from at least ten (10)
			 pilots holding unlimited state licenses who participated in the training,
			 certifying that the applicant has sufficient knowledge and shiphandling skills
			 to pilot vessels from and including 600 feet L.O.A. up to 700 feet
			 L.O.A.
(h) The requirements
			 specified in subsections (b), (c), (d), (e), and (f) of this section must have
			 been met during the 180 days preceding application for a Grade "B" license. At
			 the request of the Training Course Monitor and for good cause, the training
			 period may be extended by the Board up to 365 days.
(i) When the foregoing requirements are met,
			 the Board shall issue a license to the applicant authorizing the applicant to
			 pilot vessels which are less than 700 feet L.O.A., except that the applicant
			 shall not pilot tankers or vessels with a draft of 38 feet or greater, on the
			 pilotage ground.
Oregon Administrative Rules › Chapter 856 - PUBLIC UTILITY COMMISSION, OREGON BOARD OF MARITIME PILOTS › Division 15 - TRAINING AND LICENSING › Section 856-015-0037 - Application for Temporary License for Military Spouse or Domestic Partner

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Military
			 spouse or domestic partner" means a spouse or domestic partner of an active
			 member of the Armed Forces of the United States who is the subject of a
			 military transfer to Oregon.
(2) A
			 qualifying military spouse or domestic partner shall be granted a temporary,
			 non-renewable state license as an Oregon maritime pilot, valid until the
			 earliest of the following:
(a) Two years from
			 issuance;
(b) The date the spouse
			 of the temporary license holder completes his or her term of military service
			 in Oregon; or
(c) The date the
			 temporary license holder's state maritime pilot in another state
			 expires.
Oregon Administrative Rules › Chapter 856 - PUBLIC UTILITY COMMISSION, OREGON BOARD OF MARITIME PILOTS › Division 15 - TRAINING AND LICENSING › Section 856-015-0040 - Grounds for Denying Original License Application

Current through Register Vol. 63, No. 7, July 1, 2024
The Board may deny an application for a pilot's license, if the
				Board finds, after notice and hearing, that:
(1) The applicant fails to meet any one or
			 all of the requirements of the physical examination as specified in OAR
			 856-015-0010 and/or the physical
			 health of the applicant is such that the applicant is not physically capable of
			 competently exercising the license privilege and performing the work involved
			 without creating an unreasonable risk of harm to the applicant or to the person
			 or property of others.
(2) The
			 mental or emotional health of an applicant is such that the applicant is not
			 competent to exercise the license privilege and is unable to perform the work
			 involved without creating an unreasonable risk of harm to the applicant or to
			 the person or property of others.
(3) The applicant has committed a criminal
			 act, the facts and circumstances of which bear a demonstrable relationship to
			 the exercise of the license privilege. Conviction of a crime is not required to
			 deny an application under this provision.
(4) The applicant uses or has used alcohol,
			 drugs, or any other substance in such a manner as to impair the applicant's
			 physical or mental ability to exercise the license privilege without creating
			 an unreasonable risk of harm to the applicant or the person or property of
			 others.
(5) The applicant has
			 engaged in conduct involving dishonesty or misrepresentation, the facts and
			 circumstances of which bear a demonstrable relationship to the exercise of the
			 license privilege.
(6) The
			 applicant has failed to fulfill all the minimum requirements as stated in ORS
			 Chapter 776 and OAR chapter 856.
(7) The applicant has been charged with a
			 drug or alcohol offense during the past five years, the facts and circumstances
			 of which bear a demonstrable relationship to the exercise of the license
			 privilege.
Statutory/Other Authority: ORS 670 & 776
Statutes/Other Implemented: ORS
				  670.280,
				  670.310 &
				  776.115
Oregon Administrative Rules › Chapter 856 - PUBLIC UTILITY COMMISSION, OREGON BOARD OF MARITIME PILOTS › Division 15 - TRAINING AND LICENSING › Section 856-015-0045 - License Fees

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The annual
			 license fee for pilots shall be $3,984.
(2) The Oregon Board of Maritime Pilots shall
			 adjust the amount of the annual license fee for a maritime pilot for each
			 subsequent biennium by a proportional amount equal to the percentage change in
			 the 24-month period prior to the beginning of the biennium in the Consumer
			 Price Index for All Urban Consumers, West Region (All Items), as published by
			 the Bureau of Labor Statistics of the United States Department of
			 Labor.
Statutory/Other Authority: ORS 776
Statutes/Other Implemented: ORS
				  776.115, ORS
				  776.355, ORS
				  776.357, ORS
				  776.800 & ORS
				  776.810
Oregon Administrative Rules › Chapter 856 - PUBLIC UTILITY COMMISSION, OREGON BOARD OF MARITIME PILOTS › Division 15 - TRAINING AND LICENSING › Section 856-015-0050 - Reduced License Fees

Current through Register Vol. 63, No. 7, July 1, 2024
Individuals licensed by this Board as pilots for Yaquina Bay
				bar pilotage ground, who anticipate less than full-time employment as pilots,
				may pay a reduced annual license fee of $50.
Statutory/Other Authority: ORS 776
Statutes/Other Implemented: ORS
				  776.355
Oregon Administrative Rules › Chapter 856 - PUBLIC UTILITY COMMISSION, OREGON BOARD OF MARITIME PILOTS › Division 15 - TRAINING AND LICENSING › Section 856-015-0055 - Surety Bond or Deposit

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Each
			 pilot licensed by the Board or on file with the Board as an individual in pilot
			 trainee status shall file with the Board a surety bond in the amount of $250 in
			 the form provided in this rule and underwritten by a surety company authorized
			 to do business in Oregon.
(2) In
			 lieu of the surety bond, a pilot may deposit $250 in cash or cashier's check
			 with the Board as surety of the pilot's obligation under ORS Chapter 776. The
			 Board shall deposit the funds according to the regulations of the state
			 treasurer.
(3) If a pilot fails to
			 pay the sum of $250 into the court in which a suit or action alleging
			 negligence by the pilot has been filed, as required by ORS Chapter 776, the
			 Board shall upon demand make such payment from the funds on deposit, if the
			 pilot has elected such deposit in lieu of presentation of a bond.
(4) Failure to present a bond or maintain on
			 deposit a sum of $250 as surety shall be grounds for revocation of a pilot's
			 license.
(5) When a pilot
			 surrenders his/her license to the Board, and if no suits or actions are pending
			 against the pilot, the Board shall return the bond or the cash deposit upon
			 receipt of the pilot's written request.
(6) Upon expiration of the pilot's license and if no suits or
			 actions are pending against the pilot, the Board shall return the bond or the
			 cash deposit upon receipt of the pilot's written request.
(7) An acceptable form of a bond is hereby
			 made a part of this rule as shown in Appendix 1. Copies of the bond may be
			 obtained from the administrator of the Board.
Appendices referenced are available from the agency
Statutory/Other Authority: ORS 776
Statutes/Other Implemented: ORS
				  776.540
Oregon Administrative Rules › Chapter 856 - PUBLIC UTILITY COMMISSION, OREGON BOARD OF MARITIME PILOTS › Division 16 - LICENSE RENEWAL › Section 856-016-0001 - Continuing Professional Development & Safety Training

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All applicants
			 for renewal of an unlimited license shall complete of a minimum of ten (10)
			 days of continuing professional development training, as provided in paragraphs
			 (a) and (b) below. Certifications of this training shall be effective for
			 sixty-three (63) months from the date of completion.
(a) Each pilot shall satisfactorily complete
			 a five (5) day manned model course at a Board approved manned model
			 facility.
(b) Each pilot shall
			 satisfactorily complete an additional five (5) days of course work, at least
			 one day of which must be Bridge Resources Management for Pilots. All courses
			 must be conducted at an accredited college, maritime academy, U.S. Coast Guard
			 approved training facility or conducted by an expert in a field related to the
			 subject matter of the course. All courses must cover one or more subject matter
			 topics approved by the Board in advance of the course being taken. The Board
			 shall maintain a list of approved topics, which may include, but are not
			 limited to:
(A) Emergency Shiphandling for
			 Pilots,
(B) Advanced Electronic
			 Navigation Systems,
(C) Azipod
			 Controls and Operations with Azipods,
(D) Fatigue, Sleep and Medications for
			 Pilots,
(E) Legal Aspects of
			 Pilotage, including State Statutes and Regulations for Pilots,
(F) Maritime Domain Awareness and Security
			 for Pilots,
(G) Crisis Management
			 and Media Response,
(H) Pilot
			 Self-Assessment Simulation,
(I)
			 Advanced Shiphandling Simulation,
(J) Operation with Tugs for Pilots,
(K) Radar Observer (credit limited to one day
			 per reporting period),
(L) Bridge
			 Resources Management for Pilots,
(M) Train the Trainer.
Oregon Administrative Rules › Chapter 856 - PUBLIC UTILITY COMMISSION, OREGON BOARD OF MARITIME PILOTS › Division 16 - LICENSE RENEWAL › Section 856-016-0010 - Renewal of License

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Application
			 for renewal of license shall be made on a form provided by the Board, signed by
			 the applicant, accompanied by a copy of a current "Medical Certificate: issued
			 by the U.S. Coast Guard and presented to the administrator of the Board at
			 least thirty (30) days prior to expiration of the license.
(2) Every state-licensed pilot shall be
			 required to have an annual physical examination by an Oregon or Washington
			 licensed physician within eleven (11) months prior to the date the pilot is
			 required to submit application for renewal of license to the Board. The
			 application for renewal of license shall be accompanied with a copy of the
			 "Summary to be Completed by Medical Practitioner" page of the U.S. Coast Guard
			 physical examination report.
(a) If the
			 examining physician determines that the licensee is not competent to perform
			 the suties of a pilot, the licensee is not medically eligible to renew a
			 state-issued pilot license.
(b) If
			 the examining physician determines that the licensee is competent to perform
			 the duties of a pilot, the licensee is medically eligible to renew a
			 state-licensed pilot license.
Oregon Administrative Rules › Chapter 856 - PUBLIC UTILITY COMMISSION, OREGON BOARD OF MARITIME PILOTS › Division 19 - INCIDENTS, COMPLAINTS AND DISCIPLINE › Section 856-019-0001 - Incident Reports; Duties to Report

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An incident defined as:
(a) An accidental grounding;
(b) An intentional grounding which creates a
			 hazard to navigation, the environment or to the safety of the vessel;
(c) An unintended collision or allision with
			 any object;
(d) Loss of life
			 related to the operation of the vessel;
(e) Serious physical injury related to the
			 operation of the vessel;
(f) Any
			 occurrence resulting in damage to the vessel or other property which may
			 reasonably be expected to be in excess of $75,000, excluding the cost of
			 salvage, cleaning, gas-freeing, drydocking or demurrage; or
(g) Any boarding or unboarding occurrence
			 which places the licensee in peril.
Oregon Administrative Rules › Chapter 856 - PUBLIC UTILITY COMMISSION, OREGON BOARD OF MARITIME PILOTS › Division 19 - INCIDENTS, COMPLAINTS AND DISCIPLINE › Section 856-019-0005 - Miscellaneous Reporting Obligations

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any licensee or trainee who has a
			 post-incident, random or reasonable cause drug or alcohol test with results
			 confirmed positive by a medical review officer must report the results in
			 writing to the Board within 72 hours after receiving such results.
(2) Any licensee or trainee who is arrested
			 or cited for any alcohol or drug-related offense must report the arrest or
			 citation in writing to the Board within 72 hours. Additionally, any licensee or
			 trainee arrested or cited for any alcohol or drug-related offense must, within
			 72 hours, report in writing to the Board the ultimate resolution of the arrest
			 or citation, whether by conviction, diversion, dismissal, acquittal or
			 otherwise.
(3) Any licensee or
			 trainee who is convicted of any crime must report the conviction in writing to
			 the Board within 5 days of receiving notice of such conviction.
(4) Any licensee or trainee who has
			 disciplinary action commenced against him or her, or against his or her license
			 by the U.S. Coast Guard, must report such action in writing to the Board within
			 5 days of receiving notice of the initiation of such action by the U.S. Coast
			 Guard.
(5) Any licensee, upon
			 notifying thieir associaiton of their intent to surrender their license or
			 retire from a pilotage ground, shall notify the Board of their intended
			 retirement or surrender date as soon as practical, but no later than the
			 effective date of the expected license action.
Statutory/Other Authority: 670 & ORS 776
Statutes/Other Implemented: ORS
				  776.115 &
				  670.310
Oregon Administrative Rules › Chapter 856 - PUBLIC UTILITY COMMISSION, OREGON BOARD OF MARITIME PILOTS › Division 19 - INCIDENTS, COMPLAINTS AND DISCIPLINE › Section 856-019-0010 - Incident Investigation Procedures

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Upon receiving notice that an incident
			 has occurred, the Board member who is a licensee for the pilotage ground where
			 the incident occurred will commence a preliminary investigation as soon as
			 practicable. If the incident involves that Board member, or if that Board
			 member is not available to commence a timely preliminary investigation, then
			 the Board Chair will appoint another Board member to commence the preliminary
			 investigation, in which case the Board Chair will also seek a volunteer from
			 among those who are or have been licensees for the pilotage ground where the
			 incident occurred, to serve as an advisor to the Board member conducting the
			 preliminary investigation.
(2) The
			 Board member conducting the preliminary investigation will, as soon as possible
			 after receiving notice that an incident has occurred, gather sufficient
			 information to form an opinion regarding whether the incident is likely to be a
			 Category I or Category II incident, according to the following criteria:
(a) Category I Incident:
(A) Property damage exceeding $200,000;
			 or
(B) loss of life or serious
			 personal injury (requiring hospitalization); or
(C) allision with a bridge; or
(D) release of more than 50 gallons of oil or
			 other hazardous substance into the water; or
(E) a pilot may have been acting under the
			 influence of drugs or alcohol or there is evidence of gross negligence or
			 willful misconduct; or
(F) any
			 factor that results in substantial, widespread public interest in the
			 incident.
Oregon Administrative Rules › Chapter 856 - PUBLIC UTILITY COMMISSION, OREGON BOARD OF MARITIME PILOTS › Division 19 - INCIDENTS, COMPLAINTS AND DISCIPLINE › Section 856-019-0045 - Grounds for Pilot and Trainee Discipline

Current through Register Vol. 63, No. 7, July 1, 2024
This rule describes or references the actions and circumstances
				that constitute failure to achieve or maintain competency as a pilot or
				trainee, or that otherwise constitute a danger to public health and
				safety.
(1) If, after notice and an
			 opportunity for hearing, the Board finds any violation of subsections (2)
			 through (13) of this rule, the Board may impose any of all of the following
			 disciplinary measures for each violation:
(a)
			 Revocation or suspension of a pilot's or trainee's license;
(b) Refusal to renew a pilot's or trainee's
			 license;
(c) Pilot or trainee
			 reprimand;
(d) Refusal to issue a
			 pilot's license to a trainee; and
(e) Assess civil penalties of not more than
			 $250 per violation.
Oregon Administrative Rules › Chapter 856 - PUBLIC UTILITY COMMISSION, OREGON BOARD OF MARITIME PILOTS › Division 19 - INCIDENTS, COMPLAINTS AND DISCIPLINE › Section 856-019-0050 - Suspension, Revocation or Lapse of Federal License

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The state license of any pilot whose
			 federal license is revoked, suspended or refused renewal may be revoked,
			 suspended or refused renewal.
(2)
			 The lapse of a federal license due to discipline shall be treated as a
			 suspension for the purposes of this paragraph, and may subject the pilot to
			 discipline by the Board.
(3) At the
			 Board's discretion, a suspended state pilot license may be reinstated upon
			 restoration of the pilot's federal license, even when restoration of the
			 federal license occurs prior to the end of the suspension period ordered for
			 the state license.
(4) A pilot
			 whose license is suspended under this rule may apply to the Board for a review
			 of the case while under suspension. If, upon review, the Board determines that
			 circumstances warrant modification of the pilot's suspended status, the Board
			 may order such modification as it deems appropriate.
Statutory/Other Authority: ORS 670 & ORS 776
Statutes/Other Implemented: ORS
				  670.280, ORS
				  670.310 & ORS
				  776.115
Oregon Administrative Rules › Chapter 856 - PUBLIC UTILITY COMMISSION, OREGON BOARD OF MARITIME PILOTS › Division 19 - INCIDENTS, COMPLAINTS AND DISCIPLINE › Section 856-019-0060 - Disciplinary Sanctions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Upon
			 determination by the Board that a pilot is subject to discipline under OAR
			 856-019-0045, the Board may
			 consider the following factors in determining the appropriate sanction to be
			 imposed:
(a) The nature of the
			 violation;
(b) The facts and
			 circumstances of the violation;
(c)
			 The mental state of the pilot in committing the violation, e.g., whether the
			 violation was intended or unintended;
(d) The extent of the harm or injury caused
			 by the violation or the potential for harm or injury;
(e) Any aggravating or mitigating
			 circumstances.
Oregon Administrative Rules › Chapter 856 - PUBLIC UTILITY COMMISSION, OREGON BOARD OF MARITIME PILOTS › Division 25 - Miscellaneous › Section 856-025-0005 - Delegations of Authority

Current through Register Vol. 63, No. 7, July 1, 2024
The Board delegates the following authority and
				responsibilities to carry out the mission of the agency:
(1) To the Vice Chair - The authority to sign
			 final orders when the Chair is absent.
(2) To the Executive Director -
(a) The authority to call meetings of the
			 Oregon Board of Maritime Pilots in the absence of the Chair.
(b) The authority to make jurisdictional
			 decisions for complaints, where the Board has no jurisdiction in the subject
			 matter of the complaint. The authority to close complaints without
			 investigation, in instances when there is no Board statute, rule or order that
			 could have been violated, even if all of the facts alleged in the complaint are
			 true.
Oregon Administrative Rules › Chapter 856 - PUBLIC UTILITY COMMISSION, OREGON BOARD OF MARITIME PILOTS › Division 25 - Miscellaneous › Section 856-025-0015 - Pilot Medical Oversight

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 A licensee may not pilot a vessel if any of the following conditions apply:
(a) The physical health of a pilot is such
			 that the pilot is not physically capable of competently exercising the license
			 privilege and performing the work involved without creating an unreasonable
			 risk of harm to the pilot or to the person or property of others;
(b) The mental or emotional health of a pilot
			 is such that the pilot is not competent to exercises the license privilege and
			 is unable to perform the work involved without creating an unreasonable risk of
			 harm to the pilot or to the person or property of others;
(c) Within 12 hours after the consumption of
			 any alcoholic beverage;
(d) While
			 under the influence of alcohol;
(e)
			 While using any drug that affects the pilot's faculties in any way contrary to
			 safety; or
(f) The pilot has used
			 alcohol, drugs, medications or controlled substances in a manner that, as the
			 Board determines, casts substantial doubt on the ability of the pilot to
			 exercise the level of sound judgment expected of a pilot, or has used
			 prescription drugs in a manner inconsistent with warnings or instructions
			 provided by the manufacturer or prescribing physician.
Oregon Administrative Rules › Chapter 856 - PUBLIC UTILITY COMMISSION, OREGON BOARD OF MARITIME PILOTS › Division 25 - Miscellaneous › Section 856-025-0030 - Compulsory Pilotage Vessel Exemptions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) On the Columbia River Bar, Coos Bay Bar
			 and Yaquina Bay Bar pilotage grounds, the following vessels are exempt from
			 compulsory pilotage:
(a) Foreign fishing
			 vessels not more than 100 feet in length or 250 gross tons
			 international,
(b) Foreign
			 recreational vessels not more than 100 feet in length.
Oregon Administrative Rules › Chapter 856 - PUBLIC UTILITY COMMISSION, OREGON BOARD OF MARITIME PILOTS › Division 25 - Miscellaneous › Section 856-025-0040 - Emergency Exception

Current through Register Vol. 63, No. 7, July 1, 2024
ORS 776.600(1)(a)
				does not apply in an emergency.
Statutory/Other Authority: ORS
				  776.115
Statutes/Other Implemented: ORS
				  776.600
Oregon Administrative Rules › Chapter 856 - PUBLIC UTILITY COMMISSION, OREGON BOARD OF MARITIME PILOTS › Division 25 - Miscellaneous › Section 856-025-0050 - Financial Reports

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Effective
			 for 2018, and continuing on a biennial basis thereafter, each Oregon pilot
			 organization shall submit to the Board a Special Purpose Financial Statement
			 (SPFS). A Review will be performed on SPFS by an independent certified public
			 accountant who will prepare an Independent Accountant's Review Report to
			 accompany the financial statements presented to the Board.
(2) Each Oregon pilot organization's 2018
			 SPFS shall be submitted to the Board no later than May 31, 2019 and shall
			 include all relevant financial data from 2018.
(3) Every subsequent biennial SPFS from each
			 Oregon pilot organization shall be submitted to the Board no later than May
			 31st of the year it is due. Each biennial SPFS shall include all relevant
			 financial data from the two calendar years since the last SPFS reporting period
			 (e.g., the 2019-2020 SPFS, to be submitted no later than May 31, 2021, shall
			 include all relevant financial data from 2019 and 2020).
(4) The relevant financial data for each SPFS
			 shall include the pilot organization's income and expenses in the following
			 categories:
(a) Gross Pilotage Revenue. For
			 the purpose of this rule, gross pilotage revenue is the total cash basis
			 revenue from pilotage for a pilotage ground;
(b) Operating expenses, as authorized by the
			 current, applicable rate order;
(c) Payments to retirees and retiree spousal
			 payments;
(d) Pilot continued
			 professional development expenses;
(e) Pilot expense reimbursement, as
			 authorized by the current, applicable rate order;
(f) Oregon Board of Maritime Pilots
			 Operations fee;
(g) Total Cash
			 Available for Distribution. For the purpose of this rule, Total Cash Available
			 for Distribution is the gross pilotage revenue for the pilotage ground less
			 categories (4)(b) through (f) of this rule.
(h) Pilot pension expenses or
			 allowances;
(i) Pilot medical
			 insurance expenses or allowances;
(j) Pilot disability and life insurance
			 expenses or allowances;
(k) Pilot
			 sick leave expenses or allowances;
(l) Pilot equipment expense or
			 allowances;
(m) Net Cash Available
			 for Distribution. For the purpose of this rule, net cash available for
			 distribution is the total cash available for distribution less categories
			 (4)(h) to (L) of this rule; and
(n)
			 Net Cash Available for Distribution Per Pilot. Net Cash Available for
			 Distribution Per Pilot shall be derived from net cash available for
			 distribution, divided by the number of pilots licensed for that ground
			 annualized per calendar year.
Oregon Administrative Rules › Chapter 856 - PUBLIC UTILITY COMMISSION, OREGON BOARD OF MARITIME PILOTS › Division 25 - Miscellaneous › Section 856-025-0055 - Periodic Tariff Review Process

Current through Register Vol. 63, No. 7, July 1, 2024
(1) On a biennial basis beginning in 2019,
			 the Board shall conduct a review of the current tariff in effect for the prior
			 24 months for all pilotage grounds.
(2) The tariff review shall include a reading
			 by all Board members of:
(a) Pilot
			 Organization financial reports as specified in OAR
			 856-025-0050; and
(b) The Board's previous year's Annual
			 Report.
Oregon Administrative Rules › Chapter 856 - PUBLIC UTILITY COMMISSION, OREGON BOARD OF MARITIME PILOTS › Division 30 - RATEMAKING PROCEDURES › Section 856-030-0000 - Ratemaking - Substantive Elements

Current through Register Vol. 63, No. 7, July 1, 2024
The Board shall for each pilotage ground, establish a rate
				structure that provides for efficient, economical, and competent pilotage
				services and fair compensation for pilotage services and expenses:
(1) In determining the number of pilot
			 positions needed and fair compensation for services and expenses, the Board
			 shall consider:
(a) The amount of activity,
			 including number of vessels, number of pilot assignments, size of vessels by
			 gross registered tonnage (GRT), length, and draft;
(b) Any change in the amount of activity
			 since the last rate order;
(c) The
			 public interest in prompt and efficient service;
(d) The professional skills and experience
			 required of a pilot and the difficulty and inconvenience of providing the
			 service, including time necessary to perform the service;
(e) Evidence of compensation for comparable
			 maritime professions, including other state regulated pilotage
			 associations;
(f) Evidence of the
			 economic and market conditions existing both locally and within the region of
			 any pilotage association used for the purpose of comparison;
(g) Total gross and net income for the
			 pilots' group since the last rate order, or as directed by the Board, including
			 sources of income by tariff category; and
(h) Individual amounts paid to pilots since
			 the last rate order, or as directed by the Board, which may be shown as both
			 gross and adjusted gross income, as reported for tax purposes.