La. Admin. Code tit. 46 § LXX-15207

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

Section LXX-15207 - Reports to the Board

A. The Board of Commissioners or Examiners shall submit reports to the board related to accidents involving any state commissioned pilot subject to this Rule while the pilot is acting under his state commission, reports as to consent disciplines agreed to by and between a state commissioned pilot and the Board of Commissioners or Examiners, and reports as to formal disciplinary adjudications rendered by the Board of Commissioners or Examiners.

B. The chairman of the Board of Commissioners or Examiners shall submit the executed original report to the board with a copy to each of the members of the board and one certified copy to the affected state commissioned pilot.

C. The form and format of the report shall be set out by the board from time to time to allow for changes in technology.

D. On the outside of the front cover of each written report, there shall be inscribed with proper separation of lines and spaces, and in the following order:

1. the title of the Board of Commissioners or Examiners that prepared and submitted the report;

2. the date of the accident; and

3. the name of the pilot.

E. The contents of the report shall at least contain:

1. the date of the meeting of the Board of Commissioners or Examiners;

2. the result of the vote of the Board of Commissioners or Examiners;

3. the signature of the chairman certifying the results of the vote;

4. an excerpt of the minutes of the meeting of the Board of Commissioners or Examiners at which a decision was reached, whether that decision be not to act, a consent discipline, or a formal disciplinary adjudication;

5. the relevant supporting documents:

a. if no action, then a copy of the investigator's findings of fact, and/or report, and/or recommendations that were submitted to the Board of Commissioners or Examiners and upon which the decision to take no action was based; or

b. if a consent discipline or similar disposition, then the investigator's report submitted to the Board of Commissioners or Examiners including any findings of the fact and recommendation and the signed consent order; or

c. if an adjudication, then the investigator's report submitted to the Board of Commissioners or Examiners including any findings of the fact and recommendation and a copy of the Board of Commissioners' or Examiners' decision or adjudication order, which may contain findings of fact and conclusions and recommendations.

F. After receipt of the report, any individual board member may request in writing through the chairman that the report be supplemented by the Board of Commissioners or Examiners other relevant materials in the order in which such documents were filed, including:

1. the preliminary accident or incident report;

2. the investigator's findings of fact, and/or report, and/or recommendations;

3. the investigator's formal administrative complaint; or

4. the transcript of the hearing.

1. The chairman shall forward the individual board member's written request for supplemental documents to the Board of Commissioners or Examiners and forward a copy to all other members of the board.

2. In the event the Board of Commissioners or Examiners is unable or unwilling to provide the requested supplemental documents then the board, at its next meeting, may review the individual board member's written request and the Board of Commissioners or Examiners position and may consider by vote of the board ordering the Board of Commissioners or Examiners to produce the requested documents under §15207 F

La. Admin. Code tit. 46, § LXX-15207

Promulgated by the Office of the Governor, Board of Louisiana River Pilot Review and Oversight, LR 36:986 (May 2010).

AUTHORITY NOTE: Promulgated in accordance with R.S. 34:1135.C-E, and Uniform Rule 2-1 7.