Chapter 619 Oregon Laws 2003

AN ACT

SB 190

Relating to hearings to establish pilotage fees; amending ORS 776.115 and 776.129; and declaring an emergency.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 776.115 is amended to read:

776.115. The Oregon Board of Maritime Pilots shall:

(1) Fix the manner of calling and fixing the places of meetings; provided that at least one meeting shall be held each calendar year.

(2) Provide for efficient and competent pilotage service on all pilotage grounds, and regulate and limit the number of licensees and trainees under this chapter, such number of licensees and trainees to be regulated and limited to the number found by the board to be required to render efficient and competent pilotage service. The primary consideration of the board is public safety. If a proposed rule would result in the significant limitation of competition among licensees or pilot organizations that exist in this state on January 1, 1991, the board shall first make a determination that the proposed rule is essential to protect the safety of the public.

(3) Establish and fix the boundaries of pilotage grounds not described in ORS 776.025.

(4) In accordance with the applicable provisions of ORS 183.310 to 183.550, establish by rule a licensing system for persons licensed to pilot, for persons licensed as trainees and for pilot organizations who train persons to pilot, including but not limited to provisions prescribing:

(a) The form and content of and the times and procedures for submitting an application for license issuance and renewal. The pendency of an investigation shall not affect the renewal process.

(b) The term of license and the annual fee, not to exceed $1,500.

(d) Those actions or circumstances that constitute failure to achieve or maintain competency or that otherwise constitute a danger to public health and safety and for which the board may refuse to issue or renew a license, may suspend or revoke a license or may reprimand a licensee.

(e) Classes of licenses that specify the size of vessels the licensee is authorized to be trained to pilot or to pilot on those river pilotage grounds for which the trainee or pilot is licensed.

(5)(a) Fix, at reasonable and just rates, pilotage fees, extra fees for vessels in distress, fees for extraordinary pilotage services, fees for a licensee or trainee being carried to sea unwillingly and reimbursement for the return to station or for the detention of a licensee or trainee; except that pilotage fees shall not be less inbound or outbound on vessels, propelled in whole or in part by their own power, than the following:

(A) Between Astoria and Portland or Vancouver, $2.50 per foot draft and 2 cents per net ton;

(B) Between Astoria or Knappton and the sea, $3 per foot draft and 2 cents per net ton;

(D) Between Coos Bay and the sea, $2.50 per foot draft and 2 cents per ton.

(b) In fixing fees pursuant to paragraph (a) of this subsection, the board shall give due regard to the following factors:

(A) The length and net tonnage of the vessels to be piloted.

(B) The difficulty and inconvenience of the particular service and the skill required to render it.

(D) The public interest in maintaining efficient, economical and reliable pilotage service.

(E) Other factors relevant to the determination of reasonable and just rates.

(6) Conduct or authorize the holding of hearings. In so doing the board or the hearings officer may subpoena witnesses, administer oaths, take depositions, fix the fees and mileage of witnesses and compel the attendance of witnesses and the production of papers, books, accounts, documents and testimony.

(7) Adopt any rule or make any order, as set forth in ORS 183.310 to 183.550, for the effective administration and enforcement of this chapter.

(8) Establish rates pursuant to subsection (5) of this section, for a period of not less than two years, that continue in effect until a subsequent hearing process. Rates may include automatic adjustment provisions to reflect changing economic conditions. [All rates, and adjustments thereto, shall become effective on the same date specified by the board for all pilotage grounds.]

SECTION 2. ORS 776.129, as amended by section 179, chapter 849, Oregon Laws 1999, and section 63, chapter 75, Oregon Laws 2003 (Enrolled House Bill 2526), is amended to read:

776.129. (1) When the Oregon Board of Maritime Pilots establishes rates described in ORS 776.115 (5), the [hearing shall be conducted by an administrative law judge assigned from the Office of Administrative Hearings established under section 3, chapter 849, Oregon Laws 1999] board shall contract with and compensate the Public Utility Commission of Oregon for the use of administrative law judges assigned by the commission to conduct the rate proceeding. [The administrative law judge] Notwithstanding ORS 183.410, 183.415, 183.425, 183.440, 183.450, 183.460, 183.470 and 183.480, an administrative law judge shall [have the same authority as prescribed in ORS 776.115 (6) for the] conduct [of] the proceeding in compliance with procedures adopted by the board by rule. [A proposed order issued by the administrative law judge shall be submitted to the board for its adoption, remand or rejection.] The administrative law judge and the board may receive and consider recommendations made by the Economic and Community Development Department and the Port of Portland.

(2) The board may defray the costs and expenses of the hearing by assessing, in its final order, all or a portion of the costs and expenses of the hearing to a party to the hearing.

SECTION 3. This 2003 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 2003 Act takes effect on its passage.

Approved by the Governor July 29, 2003

Filed in the office of Secretary of State July 29, 2003

Effective date July 29, 2003

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