Section 250-RICR-80-00-9.3 - DefinitionsA. The following words when used in these Rules shall have the following meaning:1. "Adjudicatory proceeding" means an adjudicatory proceeding before the Commission in which the legal rights, duties or privileges of specifically named persons are determined after an opportunity for a hearing.2. "Agent" means the agency that represents the state pilot and appoints the pilot for duty. The agent is responsible for the distribution of pilotage assignments and oversees all expenditures and day-to-day operations.3. "Appearance" means a notice of participation in an adjudicatory proceeding which may be accomplished either by the filing of a pleading or an entry of appearance with the Secretary of the Commission.4. "Apprentice" means an individual approved and certified by the Commission who is undergoing an approved pilot training and qualification program.5. "Certification" means a statement wherein a party attests that they have performed the requirements of § 9.5(I) of this Part.6. "Coast Guard" means the United States Coast Guard.7. "Commenced" means an administrative hearing has commenced upon conclusion of the pre-hearing conference. 8. "Commission" means the Rhode Island State Pilotage Commission, or when the context permits, to individual members, sub-committees, its staff, agents or employees.9. "Commission meeting" means any meeting of the full Commission.10. "Commission office" means the offices of the Commission at the Division of Law Enforcement, Department of Environmental Management, 235 Promenade Street, Providence, Rhode Island.11. "Depth" means the vertical distance at amidships from the top of the keel plate to the uppermost continuous deck, fore and aft, and which extends to the sides of the vessel. The continuity of the deck shall not be considered to be affected by the existence of tonnage openings, engine spaces, or a step in the deck.12. "Extreme breadth" means the maximum breadth to the outside of the shell plating of the vessel.13. "License" means a document issued by the Commission to a pilot authorizing that individual to serve as a state pilot on board such vessels requiring the same.14. "LOA" means length overall.15. "Mile" or "Miles" means a unit of length that is approximately one minute of arc measured along any meridian and by international agreement it has been set at one thousand eight hundred fifty-two (1,852) meters exactly (or approximately six thousand seventy-six (6,076) feet).16. "Overall length" means the distance between the forward and after extremities of the vessel.17. "Papers" means all written communications submitted to the Commission in an adjudicatory proceeding, including but not limited to, motions, pleadings, documents and all other correspondence.18. "Party" means the specifically named person(s) whose legal rights, duties, or privileges are being determined in an Adjudicatory Proceeding; and any other person who has been granted the right to intervene.19. "Person" means any individual, partnership, corporation, limited liability company, association, governmental subdivision, or public or private organization.20. "Petitioner" means a person who initiates an adjudicatory proceeding.21. "Pilot of record" means pilot who shall receive all pilotage fees for the vessel movement. 22. "Pilots" means licensed Rhode Island state pilots.23. "Portable pilot unit" or "PPU" means any portable computer device issued or made available to a Rhode Island licensed pilot to assist in navigational responsibilities.24. "Regular business hours" means papers will be deemed filed during regular business hours if received during the hours of 8:30 AM to 4:00 PM Monday through Friday on days other than State holidays. The department's physical, facsimile, or electronic mail date stamp shall be presumptive of the actual date and the time of filing. Filing by electronic transmittal is permitted, provided however, an original copy of said filing shall be delivered to the Commission within five (5) days of electronic transmittal.25. "Reportable incident" means any grounding of a vessel while being piloted, or the allision of a piloted vessel with another vessel or structure, or if the pilot becomes aware that a piloted vessel has suffered any engine or navigational control failures while in the waters under the control of the Commission, or any other occurrence that the pilot believes could reasonably affect the safe navigation of the vessel. 26. "Respondent" means the party who challenges an order of the Commission or any other parties not bearing the burden of proof.27. "Secretary" means the administrative Secretary of the Commission.28. "Solo" means to direct the movement, including docking/undocking, of any vessel without any verbal guidance from the State Pilot Board Member.29. "State Pilot Board" means three (3) full branch pilots appointed by the State Pilotage Commission to supervise the training and instruction of apprentices.30. "Supervising pilot" means any full branch pilot licensed by the State of Rhode Island.250 R.I. Code R. 250-RICR-80-00-9.3
Amended effective 11/13/2018
Amended effective 8/4/2019
Amended effective 6/1/2020
Amended effective 12/23/2021