§ 34:1135 — Powers; functions; duties; responsibilities

Louisiana § 34:1135

• Jurisdiction: Louisiana
• Title 34: Navigation and Shipping

Text

§1135. Powers; functions; duties; responsibilities
A. The board shall issue rules and regulations to administer, implement, and enforce
this Part. The procedure for proposing, amending, repealing, and promulgating a rule or
regulation shall be in accordance with the Administrative Procedure Act, R.S. 49:950 et seq.
to the extent that any procedure in the Administrative Procedure Act does not conflict with
any provision of this Part.
B.(1) Prior to initiating rule promulgation pursuant to the Administrative Procedure
Act, R.S. 49:950 et seq., the Board of Commissioners or Examiners shall submit any
proposed rule or regulation to the board for review, and the board shall review such rule or
regulation within ninety days. If the board approves the proposed rule or regulation, the
board shall issue an affirmative decision. The board's failure to issue a decision shall be
deemed to be an approval. In the case of a rejection of the rule or regulation, the Board of
Commissioners or Examiners may seek judicial review, as authorized by R.S. 34:1138. If
the Board of Commissioners or Examiners initiates rule promulgation pursuant to this Part,
the Board of Commissioners or Examiners shall submit the decision of the board as a part
of and published with its notice of intent. The board shall promulgate rules consistent with
and as necessary to effectuate the provisions of this Paragraph.
(2) Notwithstanding any other provision of law, following the adoption of any
emergency regulation or rule by the Board of Commissioners or Examiners as defined in R.S.
34:1131, the emergency regulation or rule shall be transmitted by the Board of
Commissioners or Examiners immediately to the board and to each member of the board.
Any individual member of the board within ten days of receipt of the emergency regulation
or rule may request a meeting of the board by giving notice to the chairman or, in the absence
of a chairman, to any other officer of the board for the purpose of holding a meeting to
review the emergency regulation or rule for approval or rejection. Any meeting called for
consideration of an emergency regulation or rule shall be held within thirty days of the
request for a meeting. If the board votes to reject the emergency regulation or rule, the
emergency regulation or rule shall be nullified and of no effect and a report shall be
submitted as required by R.S. 49:966 to remove the nullified regulation or rule from the
Louisiana Register. This emergency regulation or rule review by the board shall be in
addition to the provisions of R.S. 49:962 concerning emergency regulations or rules. If there
is any conflict between this Paragraph and R.S. 49:962, this Paragraph shall control with
regard to the Board of Commissioners or Examiners emergency regulations or rules.
C. The board shall request, receive, and review reports prepared by the Board of
Commissioners or Examiners related to accidents involving state commissioned pilots
subject to this Chapter while the pilot is acting under his state commission, and the board
may either:
(1) Review the report and take no further action, consenting to the action of the
submitting Board of Commissioners or Examiners.
(2) Remand the matter to the submitting Board of Commissioners or Examiners for
further investigation or proceedings, the results of which are to be submitted to the board.
D. The board shall receive reports as to consent disciplines agreed to by and between
a pilot and the Board of Commissioners or Examiners, and the board may either:
(1) Review the report and take no further action, consenting to the action of the
submitting Board of Commissioners or Examiners.
(2) Remand the matter to the submitting Board of Commissioners or Examiners for
further investigation or proceedings, the results of which are to be submitted to the board.
E. The board shall receive reports as to all formal disciplinary adjudications rendered
by the Board of Commissioners or Examiners, and the board may either:
(1) Review the report and take no further action, consenting to the action of the
submitting Board of Commissioners or Examiners.
(2) Remand the matter to the submitting Board of Commissioners or Examiners for
further investigation or proceedings, the results of which are to be submitted to the board.
F. The board shall receive appeals from any party to a formal disciplinary proceeding
before the Board of Commissioners or Examiners. Following notice and a hearing, the board
may acquit the pilot or may impose its own sanctions against a pilot, including but not
limited to reprimand of the pilot, ordering the pilot to participate in remedial training, impose
a fine not to exceed ten thousand dollars, order the pilot to pay the costs of the hearings
inclusive of attorney fees, or recommend to the governor that the pilot's commission be
suspended or revoked. The board shall have the authority to suspend a pilot's commission
in the event of an emergency pursuant to the emergency procedures of the Administrative
Procedure Act.
G. The board shall receive sworn complaints against any pilot from any source for
actions taken by a pilot while in the performance of his duties, including acts of misconduct,
carelessness, incompetence, intoxication, negligence, or the refusal to offer timely pilotage
services without just cause. In addition the board shall receive sworn complaints for abuse
of legally prescribed medication and illegal use of controlled dangerous substances. The
board may conduct investigations, refer the matter to the Board of Commissioners or
Examiners for investigation, or conduct hearings pursuant to the Administrative Procedure
Act and the rules adopted by the board. Following notice and a hearing, the board may
acquit the pilot or may impose sanctions against the pilot, including but not limited to
reprimand of the pilot, order the pilot to participate in remedial training, impose a
probationary period, impose a fine not to exceed ten thousand dollars, order the pilot to pay
the costs of the hearings inclusive of attorney fees, or recommend to the governor that the
pilot's commission be suspended or revoked. The board shall have the authority to suspend
a pilot's commission in the event of an emergency pursuant to the emergency procedures of
the Administrative Procedure Act.
H. Nothing in this Part shall prohibit the governor, in his discretion, from suspending
or revoking a pilot's commission.
I. The board shall submit an annual report to the general counsel of the Department
of Transportation and Development on accident investigation, which report shall identify the
accident and location, the pilot involved, a description of the damage sustained, and the
action taken by the board or the Board of Commissioners or Examiners. The annual report
shall be submitted on or before the last day of February for accidents occurring during the
previous year.
J. The board shall require that a permanent accident or incident record on each pilot
shall be maintained as well as an accident investigation file as long as the pilot involved has
a pilot commission.
K. The board shall submit an accident report as soon as practically possible to the
general counsel of the Department of Transportation and Development in those accidents in
which state property is involved or damaged. Such accident report shall provide a
description of the circumstances surrounding the accident, including but not limited to the
time and location, the state property involved or damaged, the name of the pilot, the name
of the vessel, the name of the vessel's agent, and the name of the insurer of the vessel.
L. The board shall provide to all commissioned pilots a copy of the board's rules and
regulations.
M. No provision contained in this Part shall limit or supersede the duties and
responsibilities of the Board of Commissioners or Examiners.
N. Notwithstanding any other provision of law, no part of a report issued or received
by the board or the Board of Commissioners or Examiners, including findings of fact,
opinions, recommendations, deliberations, or conclusions, shall be admissible as evidence
or subject to discovery in any civil or administrative proceeding, other than an administrative
proceeding initiated by the board or the Board of Commissioners or Examiners. No member
of the board or the Board of Commissioners or Examiners shall be subject to deposition or
other discovery, or otherwise testify in such proceedings relevant to the performance of their
duties on the board or Board of Commissioners or Examiners. If an employee or member
of the board or the Board of Commissioners or Examiners is called as an expert or fact
witness pursuant to their duties, their testimony shall not be admissible and their report shall
not be considered the report of an expert.

Legislative History

Acts 2004, No. 902, §1, eff. Jan. 1, 2005; Acts 2022, No. 396, §1.