La. Admin. Code tit. 46 § LXX-15005
A. The following terms as used in these rules and regulations shall have the following meanings:
Accident- any occurrence involving a vessel that results in any allision, collision, grounding, loss of life, or personal injury that requires professional medical treatment (treatment beyond first aid).
Adjudication- the board's or the Board of Commissioners' or Examiners' process for the formulation of a decision or order.
Administrative Complaint- any written document filed by an investigating officer with the board or the Board of Commissioners or Examiners in the procedure prescribed in §15217 of this rule.
Administrative Procedure Act or APA- the Louisiana Administrative Procedure Act, R.S. 49:950 et seq.
Alcohol- any intoxicating beverage, fluid, or solid capable of being converted into fluid, suitable for human consumption, which contains ethanol, and any distilled spirit as defined in 27 U.S.C. 211.
Board of Commissioners or Examiners- the Board of Examiners of Bar Pilots for the Port of New Orleans, established in R.S. 34:941 et seq., the Board of River Port Pilot Commissioners for the Port of New Orleans, established in R.S. 34:991 et seq., the Board of Examiners for the New Orleans and Baton Rouge Steamship Pilots for the Mississippi River, established in R.S. 34:1041 et seq., and the Board of River Port Pilot Commissioners and Examiners for the Calcasieu River Waterway, established in R.S. 34:1072 et seq.
Board or Board of Review and Oversight- the Louisiana River Pilot Review and Oversight, established by R.S. 34:1131 et seq.
Complaint- any sworn typewritten submission filed by any source with the board against any state commissioned pilot for actions taken by the pilot while in the performance of his duties, including acts of misconduct, carelessness, incompetence, intoxication, negligence, the refusal to offer timely pilotage services without just cause, abuse of legally prescribed medication and illegal use of controlled dangerous substances.
Controlled Dangerous Substance- any drug as defined in R.S. 40:961.7 and R.S. 40:964, and any controlled substance in schedules I through V of the Controlled Substances Act (21 U.S.C. 812), and as further defined by regulation at 21 CFR 1308.11 through 1308.15.
Decision or Order- the final disposition of any matter decided by the board involving a state commissioned pilot while the pilot is acting under his state commission. A decision or order shall also mean the final disposition of any matter decided by the Board of Commissioners or Examiners involving a state commissioned pilot.
Drug- all controlled dangerous substances as defined in R.S. 40:961.7 and R.S. 40:964, and any substance, by whatever official name, common or usual name, chemical name, or brand name designated in Schedules I-V, 21 CFR 1308.11-15.
Grounding- a beaching or running aground in which the vessel is damaged or needs assistance to be refloated.
Incident-
a. any accident as defined in this Subsection;
b. any sworn complaint involving a state commissioned pilot while acting under his commission; or
c. any other event involving a Louisiana state commissioned pilot while acting under his commission that, in the discretion of any member of the Board of Commissioners or Examiners, justifies further investigation.
Incident Report- the form provided by the board to be completed and submitted by the Board of Commissioners or Examiners involving any incident.
Notice or Issue Notice or Service- in connection with these regulations and the requirements for notice in the APA, R.S. 49:955.B, means that all references to the providing and delivering of service of written documents or pleadings shall be by personal service or certified mail, return receipt requested, or by means of a commercial overnight carrier.
Party- in connection with an appeal of a formal disciplinary adjudication before the Board of Commissioners or Examiners, means the pilot who is the subject of the investigation, the Board of Commissioners or Examiners, and the investigator appointed by the Board of Commissioners or Examiners.
Pilot- as defined in R.S. 1131(3), means those pilots as designated in R.S. 34:941, 992, 1041, and 1071.
Prescribed Medication- controlled dangerous substance distributed by the authorization of a licensed physician as defined in R.S. 40:961.31.
Report- any written submission, in the manner prescribed by §15207 of this Subpart prepared by the Board of Commissioners or Examiners as follows:
a. relating to an accident involving any state commissioned pilot while the pilot is acting under his state commission;
b. relating to a consent discipline agreed to by and between a state commissioned pilot and the Board of Commissioners or Examiners; and
c. relating to a formal disciplinary adjudication rendered by the Board of Commissioners or Examiners.
Rule- each statement, guide, or requirement of the board for conduct or action relating to its duties, or which prescribes the procedure or practice requirements of the board.
Rulemaking- the process employed by the board for the formulation of a rule.
Sworn- in connection with a complaint, means the allegations made by the complainant that are given in writing and under oath before a notary public in which the complainant swears to the truthfulness of the allegations, subject to the penalties for perjury.
La. Admin. Code tit. 46, § LXX-15005