La. Admin. Code tit. 46 § LXX-12104

Current through Register Vol. 50, No. 9, September 20, 2024

Section LXX-12104 - Election, Term of Office, Removal of Officers; Composition of Staff; Special Appointment Powers of the Chairman; Authority to Retain Hearing Master by the Chairman

A. The officers of the Commission shall be a chairman, vice-chairman, and secretary who shall be elected from among the at-large members of the Commission.

1. Officers of the Commission shall be elected by no less than six votes of the members of the Commission.

2. An election of officers of the Commission shall be conducted at the first regular meeting of the Commission that is held after the Governor of the State of Louisiana has made formal appointment of at-large members, beginning with the 2011-2015 term of office. The Administrator of the Commission shall provide members with formal notice of the election at least 30 days in advance of the regular meeting during which the elections are to be held.

3. A candidate for each office from among the at-large member(s) shall be offered by any member of the Commission, whether in person or by proxy, at the regular meeting during which the election of officers is conducted.

4. The term of office for of the Commission officers shall run concurrently with the term of office of the Governor who appointed them, or until their successors are duly elected.

5. Succession of Officers

a. Upon resignation, removal or retirement of the chairman, the vice-chairman shall assume the office of chairman.

b. Upon resignation, removal, or retirement of, or assumption of the office of chairman by the vice-chairman, the secretary shall assume the office of vice-chairman.

c. An incoming replacement at-large member appointed by the Governor shall serve as secretary. In the event that two or more replacement at-large members are appointed simultaneously, a special election shall be held at the next regular meeting after official appointment to determine the office to be held by each new at-large member.

6. An officer of the Commission may be removed for cause upon motion of any member at a regular or special meeting of the Commission and by majority vote of the Commission, provided that the officer sought to be removed has had the opportunity to speak before the entire membership to address and rebut the grounds asserted in favor of his or her removal from office. Any officer removed by vote of the Commission shall be considered ineligible to serve as officer for the remainder of his or her present term as at-large Commissioner.

B. The Commission staff members shall include an Administrator, and such other staff personnel, including legal counsel, as the Commission may from time to time employ or retain by contract.

C. The Commission may permit one or more of the Commission staff members to also serve as staff for the Board of Louisiana River Pilot Review and Oversight.

D. The Chairman shall exercise his discretion from time to time to appoint committees and their members. On the motion of any member, the Commission may modify or rescind such appointments.

E. The Chairman shall select Commission members to serve on Hearing Panels, as needed and shall have the authority to retain a Hearing Master selected pursuant to the procedures outlined in §12107

La. Admin. Code tit. 46, § LXX-12104

Promulgated by the Office of the Governor, Pilotage Fee Commission, LR 32:614 (April 2006), amended LR 35:464 (March 2009), effective July 9, 2009.

AUTHORITY NOTE: Promulgated in accordance with R.S. 49:967 and Pilotage Fee Commission Rule 60.