La. Admin. Code tit. 46 § LXX-15215

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

Section LXX-15215 - Procedure for Appeal

A. An appeal is taken by the timely filing of a notice of appeal with the board and the Board of Commissioners or Examiners.

B. Upon the timely filing of a notice of appeal, the Board shall issue notice that the appeal has been timely filed to the counsel of all other parties, to the respective Board of Commissioners or Examiners, and to any party not represented by counsel.

C. The return day of the appeal shall be 45 days from the date notice is given that the testimony is transcribed, which completes the record of proceedings.

D. The record of proceedings shall constitute the official record on appeal and consists of the transcript of testimony at the hearing, all exhibits received into evidence, any items marked as exhibits and not received into evidence, all motions, all applications, all requests, the Board of Commissioners or Examiners' decision, all orders, and all rulings.

E. The Board of Commissioners or Examiners shall prepare the record of proceedings and lodge it with the Board on or before the return day. Failure of the chairman of the Board of Commissioners or Examiners to prepare and lodge the record timely on appeal shall not prejudice the appeal.

F. The record of proceedings prepared by the Board of Commissioners or Examiners to be lodged with the board shall be certified and dated by the chairman of the Board of Commissioners or Examiners upon completion.

G. Once the record of proceedings has been lodged, the board shall issue notice to the counsel of all other parties, to the respective Board of Commissioners or Examiners, and to any party not represented by counsel.

H. The appeal commences when the Board issues an order granting appeal and issues a notice of appeal to the counsel of all other parties, to the respective Board of Commissioners or Examiners, and to other parties not represented by counsel.

I. The board and the parties shall provide notice as follows:

1. The board shall serve upon each party to the proceeding a copy of each document issued by the board in the proceeding.

2. Unless the board orders otherwise, each person filing a document with the secretary/treasurer shall serve upon each party a copy of it.

3. If a party filing a document must serve a copy of it upon each party, each copy must bear a certificate of service, signed by or on behalf of the filing party, stating that he has so served it.

J. The secretary/treasurer of the board shall post the calendar of assignments for hearing at the official address of the board and issue notice to all counsel of record, and to any party not represented by counsel, not less than 30 days prior to the date fixed for the hearing of an appeal on the calendar, provided, however, that the 30 day notice herein shall not be applicable when there will be no oral argument.

K. Public Notice. Upon the granting of an appeal under R.S. 34:1135.F, the board shall provide public notice of the hearing. The notice shall be posted in the domicile of the board, at the official address of the board and provided to anyone who may request notice.

L. Preparation of Briefs. The procedures for filing briefs, requesting and conducting oral arguments, and serving notice shall be taken in the same manner as in any civil appeal under the Louisiana Uniform Rules of Court for the Courts of Appeal, as they exist now and as they may be amended.

M. Hearings. The board may order oral argument based on the record of proceedings submitted. The order of argument, length of time, reading from briefs, and use of textual materials and exhibits shall be in the same manner as in any civil appeal under the Louisiana Uniform Rules of Court for the Courts of Appeal, as they exist now and as they may be amended.

N. Actions Available to the Board. In an appeal, 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 pilot to participate in remedial training, impose a fine not to exceed $10,000, 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.

O. Decision or Judgment. The board shall render a decision or judgment as to an appeal at the hearing or at its next meeting, which shall include findings of fact and conclusions of law. Findings of fact, if set forth in statutory language, shall be accompanied by a concise and explicit statement of the underlying facts supporting the findings. If, in accordance with the rules of the board, a party submitted proposed findings of fact, the decision shall include a ruling upon each proposed finding.

P. Notice of Judgment. Notice of the judgment of the board shall be issued by the board to all counsel of record, to the respective board of Commissioners or Examiners, and to all parties not represented by counsel. The board shall file a certificate in the record showing the date on which and the names of all parties or persons to whom the notice of judgment was delivered or mailed.

La. Admin. Code tit. 46, § LXX-15215

Promulgated by the Office of the Governor, Board of Louisiana River Pilot Review and Oversight, LR 36:987 (May 2010).

AUTHORITY NOTE: Promulgated in accordance with 33 CFR § 20 . 304 CFR § 20 . 401 CFR §20 . 402 CFR §20 . 903, C. Civ. P. Art. 2121, C. Civ. P. Art. 2125, C. Civ. P. Art. 2127, C. Civ. P. Art. 2127.1, R.S. 34:1135.F, R.S. 49:964(1) based on 33 CFR §20 . 1001, R.S. 49:958, La. Uniform Rules, Courts of Appeal 2-11.9.