La. Admin. Code tit. 46 § LXX-9105

Current through Register Vol. 50, No. 11, November 20, 2024

Section LXX-9105 - Rules, Records, Meetings, Association

A. The board issues these rules and regulations to administer, implement, and enforce R.S. 34:1072. The procedure for proposing, amending, repealing, and promulgating a rule or regulation shall be in accordance with the Administration Procedure Act, R.S. 49:950 et seq.

B. These rules and regulations include, but are not limited to:

1. establishing procedures for conducting investigations and hearings by the board;

2. requiring procedures governing applications and examination for apprentice pilots' appointments and pilots' commissions;

3. establishing required education, experience, and training of applicants;

4. requiring a mandatory drug and alcohol testing program, to comply with 46 CFR 16 and 49 CFR 40, Procedures for Transportation Workplace Drug Testing Programs, including random tests, post-incident tests, and tests based upon reasonable cause;

5. requiring a mandatory periodic physical examination and, for reasonable cause, a physical and/or mental examination to determine the fitness of pilots to perform duties;

6. ensuring required integrity, professional competence, and physical standards for apprentices and pilots;

7. clarifying the duties owed by a pilot to the owner(s) of the vessel, agent(s), and the owner(s) of the cargo; and

8. addressing any other matter which the board may deem necessary or appropriate for the administration, implementation, and enforcement of R.S. 34:1072.

C. All rules must be adopted by a majority of the board of commissioners. Further, rules must receive legal review before final approval and adoption. The board shall maintain records in accordance with the Public Records Law, R.S. 44:1 et seq., and other applicable state laws. The board shall file an annual report of investigations, findings, actions, and accident data in accordance with applicable state laws. The board shall conduct its meetings in accordance with the Open Meetings Law R.S. 42:4 et seq., and any other state laws.

D. The board shall hold a regular annual meeting on the fourth Monday of January of each year at 10 a.m. for the purpose of electing officers and conducting any other business as may be appropriate. The board may hold such other meetings as are deemed appropriate and best to conduct the business of the board. The president alone or any two members of the board may call any meeting of the board. The president alone or any two members of the board may cancel any meeting of the board if the board has no business to conduct. All meetings of the board will be held at the board meeting room of The Lake Charles Harbor and Terminal District, 150 Marine Street, Lake Charles, Louisiana, or such other place as may be designated in the call of the meeting.

E. These rules shall apply to all pilots commissioned as pilots by the governor upon recommendation of the board and who are engaged in the performance of the duties of a pilot within the pilotage area.

La. Admin. Code tit. 46, § LXX-9105

Promulgated by the Board of River Port Pilot Commissioners and Examiners, Calcasieu River Waterway, LR 28:1478 (June 2002), amended LR 30:1695 (August 2004).

AUTHORITY NOTE: Promulgated in accordance with R.S. 34:1072.