State Codes and Statutes

Statutes > Rhode-island > Title-46 > Chapter-46-9 > 46-9-6

SECTION 46-9-6

   § 46-9-6  Duties of commission. – The commission shall perform the duties and have the powers set forth in thissection as well as other duties and powers as may be provided by law:

   (1) To make, establish, and enforce rules and regulations,not inconsistent with law, which shall be binding and effectual upon all pilotslicensed by the commission, all vessels subject to this chapter, and allparties employing the pilots; and, from time to time, revise or amend the rulesand regulations as may be necessary to enable the commission to carry intoeffect and enforce the provisions of this chapter; the rules and regulationsshall include, but not be limited to, those rules and regulations necessary toenable the commission to respond to emergencies or catastrophic conditions asmay occur, whether environmental or otherwise. The rules and regulations shallformalize and detail the authority of the commission over individual bay pilotsin relation to other state, federal, and municipal agencies, and any otherpublic safety programs;

   (2) To make and establish rates of pilotage for vessels thatare subject to the provisions of this chapter;

   (3) To establish and determine the qualifications of anyperson applying for a pilot's license and conduct examination;

   (4) To issue, suspend, or revoke any pilot's license inaccordance with the provisions of this chapter;

   (5) To take any action that is necessary to cause the laws,rules, and regulations concerning pilots and pilotage matters to be fullyobserved and executed;

   (6) To hear and decide complaints made in writing against anypilot, pilot's agent or employee, or person subject to the provisions of thischapter for any misbehavior or neglect of or breach of rules or regulations ofthe commission which it shall deem material to be investigated;

   (7) To hear and decide complaints made in writing by anypilot against any charterer, owner, agent, master, or sailor of a vessel forany misbehavior toward that pilot in the performance of the pilot's duty, orfor any breach of the rules and regulations;

   (8) To have the power and authority to take testimony andevidence and administer oaths and compel the attendance of witnesses and issueand serve witness subpoenas and subpoenas duces tecum at any hearings that itmay conduct; provided, further, that the commission shall conduct at least onepublic hearing annually, duly advertised, to hear and receive complaints andcomments from individual pilots, associations, or other public or privateagencies with regard to any matters that may properly come within thejurisdiction of the commission;

   (9) To make an annual report to the director of thedepartment of environmental management for the preceding calendar year,together with the amounts of pilotage collected by the pilots and the amountspaid to the state. The report shall also include but not be limited to:

   (i) A review and synopsis of commission activities andadministrative proceedings;

   (ii) A fiscal report and recommendations on fee collections;

   (iii) A synopsis of hearings, complaints, suspensions, orother legal matters related to the authority of the commission;

   (iv) A review of goals established and findings andrecommendations on commission activity.

   (10) To establish criteria for the training, experience,ability, knowledge, aptitude, skill, and professional qualifications of pilotsand establish and determine the training, experience, ability, knowledge,aptitude, skill, and professional qualifications requirements necessary to makeany person eligible to apply for a pilot's license and to conduct examinations,and, in this connection, to appoint a special board of state licensed pilots tosupervise the training and instructions of those persons seeking eligibility toapply for a pilot's license, and to certify their experience, competency,ability, knowledge, skill, aptitude, education, and training in accordance withcriteria established by the commission and in accordance with the rules andregulations of the commission;

   (11) To require an applicant for a license or a licensedpilot to submit proof of the applicant's mental or physical capability to serveor continue to serve;

   (12) To institute proceedings in the appropriate courts inthis state to restrain and enjoin actions when any violation of this chapter orrule promulgated thereunder has occurred or is threatened by any person;

   (13) To require holders of licenses or certificates, andapplicants for licenses or certificates, to submit pertinent information underoath necessary to determine their qualifications or to enforce the provisionsof this chapter;

   (14) To regulate the station and operation of any pilot boatwithin the waters of the state used for the purpose of boarding or disembarkingany pilot and to designate the areas in which the vessels shall be boarded orleft by the pilots; and

   (15) To require the reporting of all maritime accidentspursuant to the regulations of the commission.

   (16) Within ninety (90) days after the end of each fiscalyear, the commission shall approve and submit an annual report to the governor,the speaker of the house of representatives, the president of the senate, andthe secretary of state, of its activities during that fiscal year. The reportshall provide: an operating statement summarizing meetings or hearings held,meeting minutes if requested, subjects addressed, decisions rendered, rules orregulations promulgated, studies conducted, policies and plans developed,approved, or modified, and programs administered or initiated; a consolidatedfinancial statement of all funds received and expended including the source ofthe funds, a listing of any staff supported by these funds, and a summary ofany clerical, administrative or technical support received; a summary ofperformance during the previous fiscal year including accomplishments,shortcomings and remedies; a synopsis of hearings, complaints, suspensions, orother legal matters related to the authority of the commission; a summary ofany training courses held pursuant to subsection 46-9-5(d); a briefing onanticipated activities in the upcoming fiscal year; and findings andrecommendations for improvements. The report shall be posted electronically onthe general assembly and the secretary of state's websites as prescribed in§ 42-20-8.2 of the Rhode Island general laws. The director of thedepartment of administration shall be responsible for the enforcement of thisprovision.

State Codes and Statutes

Statutes > Rhode-island > Title-46 > Chapter-46-9 > 46-9-6

SECTION 46-9-6

   § 46-9-6  Duties of commission. – The commission shall perform the duties and have the powers set forth in thissection as well as other duties and powers as may be provided by law:

   (1) To make, establish, and enforce rules and regulations,not inconsistent with law, which shall be binding and effectual upon all pilotslicensed by the commission, all vessels subject to this chapter, and allparties employing the pilots; and, from time to time, revise or amend the rulesand regulations as may be necessary to enable the commission to carry intoeffect and enforce the provisions of this chapter; the rules and regulationsshall include, but not be limited to, those rules and regulations necessary toenable the commission to respond to emergencies or catastrophic conditions asmay occur, whether environmental or otherwise. The rules and regulations shallformalize and detail the authority of the commission over individual bay pilotsin relation to other state, federal, and municipal agencies, and any otherpublic safety programs;

   (2) To make and establish rates of pilotage for vessels thatare subject to the provisions of this chapter;

   (3) To establish and determine the qualifications of anyperson applying for a pilot's license and conduct examination;

   (4) To issue, suspend, or revoke any pilot's license inaccordance with the provisions of this chapter;

   (5) To take any action that is necessary to cause the laws,rules, and regulations concerning pilots and pilotage matters to be fullyobserved and executed;

   (6) To hear and decide complaints made in writing against anypilot, pilot's agent or employee, or person subject to the provisions of thischapter for any misbehavior or neglect of or breach of rules or regulations ofthe commission which it shall deem material to be investigated;

   (7) To hear and decide complaints made in writing by anypilot against any charterer, owner, agent, master, or sailor of a vessel forany misbehavior toward that pilot in the performance of the pilot's duty, orfor any breach of the rules and regulations;

   (8) To have the power and authority to take testimony andevidence and administer oaths and compel the attendance of witnesses and issueand serve witness subpoenas and subpoenas duces tecum at any hearings that itmay conduct; provided, further, that the commission shall conduct at least onepublic hearing annually, duly advertised, to hear and receive complaints andcomments from individual pilots, associations, or other public or privateagencies with regard to any matters that may properly come within thejurisdiction of the commission;

   (9) To make an annual report to the director of thedepartment of environmental management for the preceding calendar year,together with the amounts of pilotage collected by the pilots and the amountspaid to the state. The report shall also include but not be limited to:

   (i) A review and synopsis of commission activities andadministrative proceedings;

   (ii) A fiscal report and recommendations on fee collections;

   (iii) A synopsis of hearings, complaints, suspensions, orother legal matters related to the authority of the commission;

   (iv) A review of goals established and findings andrecommendations on commission activity.

   (10) To establish criteria for the training, experience,ability, knowledge, aptitude, skill, and professional qualifications of pilotsand establish and determine the training, experience, ability, knowledge,aptitude, skill, and professional qualifications requirements necessary to makeany person eligible to apply for a pilot's license and to conduct examinations,and, in this connection, to appoint a special board of state licensed pilots tosupervise the training and instructions of those persons seeking eligibility toapply for a pilot's license, and to certify their experience, competency,ability, knowledge, skill, aptitude, education, and training in accordance withcriteria established by the commission and in accordance with the rules andregulations of the commission;

   (11) To require an applicant for a license or a licensedpilot to submit proof of the applicant's mental or physical capability to serveor continue to serve;

   (12) To institute proceedings in the appropriate courts inthis state to restrain and enjoin actions when any violation of this chapter orrule promulgated thereunder has occurred or is threatened by any person;

   (13) To require holders of licenses or certificates, andapplicants for licenses or certificates, to submit pertinent information underoath necessary to determine their qualifications or to enforce the provisionsof this chapter;

   (14) To regulate the station and operation of any pilot boatwithin the waters of the state used for the purpose of boarding or disembarkingany pilot and to designate the areas in which the vessels shall be boarded orleft by the pilots; and

   (15) To require the reporting of all maritime accidentspursuant to the regulations of the commission.

   (16) Within ninety (90) days after the end of each fiscalyear, the commission shall approve and submit an annual report to the governor,the speaker of the house of representatives, the president of the senate, andthe secretary of state, of its activities during that fiscal year. The reportshall provide: an operating statement summarizing meetings or hearings held,meeting minutes if requested, subjects addressed, decisions rendered, rules orregulations promulgated, studies conducted, policies and plans developed,approved, or modified, and programs administered or initiated; a consolidatedfinancial statement of all funds received and expended including the source ofthe funds, a listing of any staff supported by these funds, and a summary ofany clerical, administrative or technical support received; a summary ofperformance during the previous fiscal year including accomplishments,shortcomings and remedies; a synopsis of hearings, complaints, suspensions, orother legal matters related to the authority of the commission; a summary ofany training courses held pursuant to subsection 46-9-5(d); a briefing onanticipated activities in the upcoming fiscal year; and findings andrecommendations for improvements. The report shall be posted electronically onthe general assembly and the secretary of state's websites as prescribed in§ 42-20-8.2 of the Rhode Island general laws. The director of thedepartment of administration shall be responsible for the enforcement of thisprovision.


State Codes and Statutes

State Codes and Statutes

Statutes > Rhode-island > Title-46 > Chapter-46-9 > 46-9-6

SECTION 46-9-6

   § 46-9-6  Duties of commission. – The commission shall perform the duties and have the powers set forth in thissection as well as other duties and powers as may be provided by law:

   (1) To make, establish, and enforce rules and regulations,not inconsistent with law, which shall be binding and effectual upon all pilotslicensed by the commission, all vessels subject to this chapter, and allparties employing the pilots; and, from time to time, revise or amend the rulesand regulations as may be necessary to enable the commission to carry intoeffect and enforce the provisions of this chapter; the rules and regulationsshall include, but not be limited to, those rules and regulations necessary toenable the commission to respond to emergencies or catastrophic conditions asmay occur, whether environmental or otherwise. The rules and regulations shallformalize and detail the authority of the commission over individual bay pilotsin relation to other state, federal, and municipal agencies, and any otherpublic safety programs;

   (2) To make and establish rates of pilotage for vessels thatare subject to the provisions of this chapter;

   (3) To establish and determine the qualifications of anyperson applying for a pilot's license and conduct examination;

   (4) To issue, suspend, or revoke any pilot's license inaccordance with the provisions of this chapter;

   (5) To take any action that is necessary to cause the laws,rules, and regulations concerning pilots and pilotage matters to be fullyobserved and executed;

   (6) To hear and decide complaints made in writing against anypilot, pilot's agent or employee, or person subject to the provisions of thischapter for any misbehavior or neglect of or breach of rules or regulations ofthe commission which it shall deem material to be investigated;

   (7) To hear and decide complaints made in writing by anypilot against any charterer, owner, agent, master, or sailor of a vessel forany misbehavior toward that pilot in the performance of the pilot's duty, orfor any breach of the rules and regulations;

   (8) To have the power and authority to take testimony andevidence and administer oaths and compel the attendance of witnesses and issueand serve witness subpoenas and subpoenas duces tecum at any hearings that itmay conduct; provided, further, that the commission shall conduct at least onepublic hearing annually, duly advertised, to hear and receive complaints andcomments from individual pilots, associations, or other public or privateagencies with regard to any matters that may properly come within thejurisdiction of the commission;

   (9) To make an annual report to the director of thedepartment of environmental management for the preceding calendar year,together with the amounts of pilotage collected by the pilots and the amountspaid to the state. The report shall also include but not be limited to:

   (i) A review and synopsis of commission activities andadministrative proceedings;

   (ii) A fiscal report and recommendations on fee collections;

   (iii) A synopsis of hearings, complaints, suspensions, orother legal matters related to the authority of the commission;

   (iv) A review of goals established and findings andrecommendations on commission activity.

   (10) To establish criteria for the training, experience,ability, knowledge, aptitude, skill, and professional qualifications of pilotsand establish and determine the training, experience, ability, knowledge,aptitude, skill, and professional qualifications requirements necessary to makeany person eligible to apply for a pilot's license and to conduct examinations,and, in this connection, to appoint a special board of state licensed pilots tosupervise the training and instructions of those persons seeking eligibility toapply for a pilot's license, and to certify their experience, competency,ability, knowledge, skill, aptitude, education, and training in accordance withcriteria established by the commission and in accordance with the rules andregulations of the commission;

   (11) To require an applicant for a license or a licensedpilot to submit proof of the applicant's mental or physical capability to serveor continue to serve;

   (12) To institute proceedings in the appropriate courts inthis state to restrain and enjoin actions when any violation of this chapter orrule promulgated thereunder has occurred or is threatened by any person;

   (13) To require holders of licenses or certificates, andapplicants for licenses or certificates, to submit pertinent information underoath necessary to determine their qualifications or to enforce the provisionsof this chapter;

   (14) To regulate the station and operation of any pilot boatwithin the waters of the state used for the purpose of boarding or disembarkingany pilot and to designate the areas in which the vessels shall be boarded orleft by the pilots; and

   (15) To require the reporting of all maritime accidentspursuant to the regulations of the commission.

   (16) Within ninety (90) days after the end of each fiscalyear, the commission shall approve and submit an annual report to the governor,the speaker of the house of representatives, the president of the senate, andthe secretary of state, of its activities during that fiscal year. The reportshall provide: an operating statement summarizing meetings or hearings held,meeting minutes if requested, subjects addressed, decisions rendered, rules orregulations promulgated, studies conducted, policies and plans developed,approved, or modified, and programs administered or initiated; a consolidatedfinancial statement of all funds received and expended including the source ofthe funds, a listing of any staff supported by these funds, and a summary ofany clerical, administrative or technical support received; a summary ofperformance during the previous fiscal year including accomplishments,shortcomings and remedies; a synopsis of hearings, complaints, suspensions, orother legal matters related to the authority of the commission; a summary ofany training courses held pursuant to subsection 46-9-5(d); a briefing onanticipated activities in the upcoming fiscal year; and findings andrecommendations for improvements. The report shall be posted electronically onthe general assembly and the secretary of state's websites as prescribed in§ 42-20-8.2 of the Rhode Island general laws. The director of thedepartment of administration shall be responsible for the enforcement of thisprovision.