La. Admin. Code tit. 46 § LXX-12107

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

Section LXX-12107 - Hearing Master Selection Process

A. The Commission may assign contested dockets or such other matter as it deems appropriate to a Hearing Master.

B. A Hearing Master shall satisfy the following qualifications:

1. licensed to practice law in the state of Louisiana;

2. a member in good standing of the Louisiana State Bar Association;

3. no previous or current representation of any entity with respect to pilotage fee issues;

4. no relationships or interests likely to affect impartiality or create an appearance of partiality and commitment to disclose such should they arise; and

5. a retired judge who previously served at the district, appellate or supreme court level and included in a list of retired judges available to serve and supplied by the Louisiana Supreme Court (Retired Judges List).

C. When a proceeding has been assigned to a Hearing Master, the Administrator shall provide each party to the proceeding a copy of the Retired Judges List. The parties shall meet and try to agree on a Hearing Master candidate from the Retired Judges List. If there is agreement, within 10 days of receipt of the Retired Judges List, the parties shall file a joint report to the Commission that provides the name of a Hearing Master candidate that satisfies the qualifications of Subpart B.1 upon which all parties agree.

D. If the parties are unable to agree, parties aligned with Pilot interests (Pilots) and parties aligned with Industry interests (Industry)shall exchange a list of 3 Hearing Master candidates that satisfy the qualifications of Subpart B.1 within 10 days of the receipt of the Retired Judges List. Pilots and Industry shall have the right to strike 2 names from the list of the opposing group and the remaining names on the two lists shall be submitted to the Commission in a joint report filed no later than 15 days from the receipt of the Retired Judges List.

E. The Commission shall select the candidate upon which there is agreement, or one of the candidates from the lists submitted in the joint report from Pilots and Industry, or reject all candidates and refer the selection to the at-large Commissioners.

F. When the Hearing Master selection has been assigned to the at-large Commissioners, they shall select 3 Hearing Master candidates that satisfy the qualifications of Subpart B.1 and were not previously selected by Pilots and Industry. The candidates chosen by the at-large Commission members shall be submitted to the parties. Within 10 days, the parties shall provide the Commission with an agreed to candidate from the list provided by the at-large Commissioners, or Pilots and Industry shall exercise the right to each strike one of the names and report the name so stricken to the Commission. The at-large Commissioners shall then make the final Hearing Master selection from the remaining names.

La. Admin. Code tit. 46, § LXX-12107

Promulgated by the Office of the Governor, Pilotage Fee Commission, LR 32:615 (April 2006).

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