TITLE 125

BOARD OF PROFESSIONAL LICENSING

 

Chapter 125-10          Administrative Regulations for Practice and Procedure

Chapter 125-20          Engineers, Architects, Land Surveyors, and Landscape Architects

Subchapter 125-20.1  Engineers, Architects, Land Surveyors, and Landscape Architects Regulations

Subchapter 125-20.2  Rules of Professional Conduct

Chapter 125-30          Harbor Pilots Licensure Regulations

Chapter 125-40          Real Property Appraisers Regulations

Chapter 125-50          Rule for Reconsideration of Disapproval of Application

 

CHAPTER 125-10

ADMINISTRATIVE REGULATIONS FOR PRACTICE AND PROCEDURE

 


Part 001          General Provisions

§ 125-10-001  Establishment

§ 125-10-005  Mission Statement

 

Part 100          Administrative Regulations for Practice and Procedures

§ 125-10-101  Board Members

§ 125-10-105  Duties

§ 125-10-107  Revolving Fund

§ 125-10-110  Officers

§ 125-10-115  Committees

§ 125-10-120  Meetings

§ 125-10-122  Travel

§ 125-10-125  Staff

 

Part 200          Other Provisions

§ 125-10-201  Jurisdiction

§ 125-10-205  Exceptions

§ 125-10-210  Rules and Regulations

§ 125-10-215  Professional Organizations and Public Agencies

§ 125-10-220  Examination, Experience, and Education Criteria

§ 125-10-225  Amendments

§ 125-10-230  Definitions

§ 125-10-235  Violations, Investigations, and Hearings

§ 125-10-240  Remedies

§ 125-10-245  Architects, Engineers, Landscape Architects, and Land Surveyors


 

Chapter Authority: 4 CMC § 3108 (2004).

 

Chapter History: Amdts Adopted 35 Com. Reg. 34566 (Nov. 28, 2013); Amdts Proposed 35 Com. Reg. 33591 (June 28, 2013); Amdts Adopted 21 Com. Reg. 17030 (Dec. 15, 1999); Amdts Proposed 21 Com. Reg. 16937 (Oct. 15, 1999); Amdts Adopted 16 Com. Reg. 12681 (Dec. 15, 1994); Amdts Proposed 16 Com. Reg. 11878 (May 15, 1994); Amdts Adopted 14 Com. Reg. 8775 (Feb. 15, 1992); Amdts Proposed 13 Com. Reg. 8514 (Dec. 15, 1991); Adopted 13 Com. Reg. 8519 (Dec. 15, 1991); Proposed 13 Com. Reg. 8097 (Oct. 15, 1991).

 

Commission Comment: PL 1-8, ch. 5 (effective Aug. 10, 1978), formerly codified as amended at 4 CMC §§ 3101-3110, created the Board of Professional Licensing, a regulatory board within the Commonwealth government. See 4 CMC § 3101 (2004).

 

Executive Order 94-3 (effective August 23, 1994) reorganized the Commonwealth government executive branch, changed agency names and official titles and effected numerous other revisions. According to Executive Order 94-3 § 304(c):

 

Section 304. Department of Public Works.

 

 

(c)          Board of Professional Licensing. The Board of Professional Licensing is abolished and its functions transferred to a Division of Professional Licensing in the Department of Public Works, which shall have at its head a Director of Professional Licensing.

 

The full text of Executive Order 94-3 is set forth in the commission comment to 1 CMC § 2001.

 

PL 11-99, the “Board of Professional Licensing Amendments Act of 1998,” formerly codified at 4 CMC §§ 3101-3221, took effect on September 21, 1999. PL 11-99 reenacted 4 CMC §§ 3101-3110 with numerous revisions. PL 11-99 § 3 (§ 3101), 4 CMC § 3101 (2004), reestablished the Board as a regulatory board “within the Commonwealth government.” The Board was authorized to issue licenses to the professions enumerated in PL 11-99 § 3 (§ 3105), 4 CMC § 3105 (2004). PL 11-99 § 3 (§ 3108), 4 CMC § 3108 (2004), empowered the Board to adopt rules and regulations to implement the act including rules and regulations to establish credentialing criteria and standards regarding licensing or authorization to practice a profession over which the Board had jurisdiction.

 

PL 14-95 (effective Oct. 31, 2005), the “Board of Professional Licensing Amendments Act of 2005,” repealed and reenacted 4 CMC §§ 3101-3222 with extensive revisions. 4 CMC § 3102 reestablishes the Board of Professional Licensing with the power to license and regulate architects, engineers, land surveyors, landscape architects and real property appraisers and administer the act. 4 CMC § 3106 grants the Board the power to adopt regulations, rules of procedures and rules of professional conduct consistent with the act.

 

The 1999 amendments to the Administrative Regulations rearranged and revised many sections of the original 1991 regulations, but did not address the sections codified in part 200. Because the 1999 amendments did not explicitly delete the provisions of part 200, the Commission has retained them.

 

On March 15, 1992, the Board of Professional Licensing published notice of proposed Regulations for Contractors. See 14 Com. Reg. 9118 (Mar. 15, 1992). A notice of adoption for the proposed Contractors Regulations was never published.

 

The Notice of Adoption for the 2013 amendments stated that these regulations were to be codified at Title 125-20.1. As Title 125-20.1 was already in use, the Commission codified the amendments at this chapter.

 

Part 001 -       General Provisions

 

§ 125-10-001  Establishment

 

The Board of Professional Licensing (hereafter the “Board”) is a regulatory agency of the executive branch of the CNMI government established by law (4 CMC § 3101).

 

History: Amdts Adopted 21 Com. Reg. 17030 (Dec. 15, 1999); Amdts Proposed 21 Com. Reg. 16937 (Oct. 15, 1999); Adopted 13 Com. Reg. 8519 (Dec. 15, 1991); Proposed 13 Com. Reg. 8097 (Oct. 15, 1991).

 

§ 125-10-005  Mission Statement

 

The mission of the Board is to protect the public’s health, safety, and welfare through the regulation of the practice of engineering, architecture, land surveying, landscape architecture, and real property appraisal in the Commonwealth by:

 

(a)       Ensuring that those entering the practice are professionals that meet minimum standards of competency by way of education, experience, and examination;

 

(b)       Requiring that any person practicing or offering to practice professional engineering, architecture, land surveying, landscape architecture, or real property appraisal in the CNMI under the jurisdiction of BPL is licensed;

 

(c)       Establishing standards of practice for those licensed to practice;

 

(d)       Enforcing the laws, rules and regulations, and standards governing the professional engineering, architecture, land surveying, landscape architecture, and real property appraisal professions; and

 

(e)       Providing consumers appropriate public information they need to make informed choices for procuring professional engineering, architecture, land surveying, landscape architecture, or real property appraisal services.

 

Modified, 1 CMC § 3108(g).

 

History: Amdts Adopted 35 Com. Reg. 34566 (Nov. 28, 2013); Amdts Proposed 35 Com. Reg. 33591 (June 28, 2013); Amdts Adopted 21 Com. Reg. 17030 (Dec. 15, 1999); Amdts Proposed 21 Com. Reg. 16937 (Oct. 15, 1999).

 

Commission Comment: The original paragraphs were not designated. The Commission designated subsections (a) through (e).

 

In the opening paragraph, the Commission deleted the repeated word “of.” The Commission inserted commas after the word “appraisal” in subsections (b) and (d) pursuant to 1 CMC § 3806(g). The Commission corrected the capitalization of the word “professional” in subsections (a), (b), (d), and (e).

 

The 2013 amendments amended subsections (a), (b), (d), and (e).

 

Part 100 -       Administrative Regulations for Practice and Procedures

 

§ 125-10-101  Board Members

 

(a)       Composition. The Board is composed of five members appointed by the Governor, with the advice and consent of the Senate. Members One member shall be from Tinian, one member shall be from Rota, and three members shall be from Saipan. Of the five members, at least one member shall be a woman and three members shall be from the professional fields as set forth by law.

 

(b)       Qualifications. Each member shall have been a resident of the Commonwealth for at least three years. A member practicing the profession shall have been engaged in the practice of the member’s profession for at least five years immediately preceding the date of the member’s appointment and is also licensed to practice the profession in the Commonwealth. The public member(s) of the Board shall not be or have been a professional engineer, architect, land surveyor, landscape architect, or real property appraiser.

 

(c)       Tenure. The members of the Board shall serve for six years. No member may serve more than two consecutive six-year terms. In the event of a vacancy on the Board for reason resulting in an unexpired term and the governor has failed to appoint a successor within three months after the vacancy occurs, the Board may appoint a provisional member to serve in the interim until the governor makes an appointment.

 

(d)       Quorums; Voting. Three members are necessary to make a quorum of the Board and a concurrence of a majority of the quorum shall be necessary to constitute approval of those matters needing approval of the Board.

 

(e)       Compensation. Members of the Board shall serve without pay but shall be reimbursed for reasonable and necessary expenses incurred in the performance of their duties.

 

(f)        Resignation of Member. A member of the Board who desires to resign from membership shall do so in writing, addressed to the Board. The subject of the resignation shall be placed upon the agenda for the next regular meeting of the Board, at which meeting the Board shall act upon the resignation. If the resignation is accepted by the Board, the Chairperson shall contact the Governor in writing, to inform him of the vacancy and request appointment of a new member to serve for the balance of the unexpired term of the resigned member.

 

(g)       Jurisdiction. Nonwithstanding any other provision of P.L. 14-95 and 17-39, the Board’s power, authority, and jurisdiction shall extend to persons engaging in the professions regulated by the Board, including but not limited to non-licensees and persons offering their own services or the services of their employees or agents.

 

(h)       Liability. No member of the Board and no member of the Board’s staff shall be held liable for action or inaction attributable to the lawful exercise of their responsibilities under the law and the rules and regulations.

 

History: Amdts Adopted 35 Com. Reg. 34566 (Nov. 28, 2013); Amdts Proposed 35 Com. Reg. 33591 (June 28, 2013); Amdts Adopted 21 Com. Reg. 17030 (Dec. 15, 1999); Amdts Proposed 21 Com. Reg. 16937 (Oct. 15, 1999). Adopted 13 Com. Reg. 8519 (Dec. 15, 1991); Proposed 13 Com. Reg. 8097 (Oct. 15, 1991).

 

Commission Comment: The 1999 amendments added new subsections (b) and (c), moved subsection (d) from former part XVIII, with amendments, moved subsection (e) from former part VIII and amended subsection (a). The 2013 amendments inserted new subsections (d), (e), (g), and (h), and re-designated the remaining subsections.

 

The Commission inserted a comma after the word “Rota” in subsection (a) pursuant to 1 CMC § 3806(g). The Commission corrected the capitalization of the word “professional” in subsection (b) pursuant to 1 CMC § 3806(f). The Commission struck the figures “2” and “3” from subsection (c) pursuant to 1 CMC § 3806(e).

 

§ 125-10-105  Duties

 

The Board shall have the power, jurisdiction, and authority to:

 

(a)       Adopt and amend all bylaws, regulations, rules of procedures not inconsistent with the constitution and laws of the Commonwealth and P.L. 14-95 and 17-39, including the adoption and promulgation of the Rules of Professional Conduct for architects, engineers, land surveyors, and landscape architects, which shall be binding upon persons licensed under the law and the regulations and which shall be applicable to partnerships and corporations holding a Certificate of Authorization, which is necessary for the proper performance of its duties and the regulations of its procedures, meetings, records, examinations and the conduct thereof;

 

(b)       Enforce the law, rules, and regulations adopted pursuant thereto;

 

(c)       Adopt and have an official seal, which shall be affixed to each license or certificate issued;

 

(d)       Apply for relief by injunction in the Superior Court, without bond, to enforce the provisions of the law, or to restrain any violation thereof. In such proceedings, it shall not be necessary to allege or prove, either that an adequate remedy at law does not exist, or that substantial or irreparable damage would result from the continued violation thereof. The members of the Board shall not be personally liable under these proceedings;

 

(e)       Issue or deny licenses, including temporary, provision, conditional, and limited licenses;

 

(f)        Conducts investigations and hearings;

 

(g)       Discipline, including:

(1)       Refuse to issue or renew, fine;

(2)       Reprimand;

(3)       Suspend;

(4)       Revoke;

(5)       Place on probation;

(6)       Require payment of fees, charges, or expenses;

(7)       Levy fines; and

(8)       Place conditions on granting or renewal of a license;

 

(h)       Settle disciplinary and other contested matters, consistent with the policy of the law and/or the regulations;

 

(i)        Work with and secure from professional, governmental, and other organizations the following services and goods:

(1)       Receipt and review of applications;

(2)       Investigations;

(3)       Development of standards;

(4)       Development, administration, and review of examinations; and/or

(5)       Other goods and services related to the Board’s duties;

 

(j)        Join and maintain memberships in professional, governmental, and national organizations;

 

(k)       Determine, charge, and collect reasonable fees;

 

(l)        Receive fees and appropriated funds, grants, contract payments, and other funds;

 

(m)      Establish and employ accounts, including restricted fund accounts;

 

(n)       Employ staff and consultants as required to assist it in performing its duties;

 

(o)       Determine those professional organizations with which it will affiliate for approving applications. In establishing credentialing criteria or administering examinations, the Board may enter into contracts for the purchase or other acquisition, using scoring or validation of professional tests. In lieu of an examination, the Board may accept the license or certification issued by an agency of the United States, or of a state or political subdivision of a state, or of a territory or possession of the United States;

 

(p)       Contract with private entities for the performance of such duties, functions, and powers, as the Board considers appropriate;

 

(q)       Subject an applicant for licensure or certification to such written or oral or both written and oral examinations, as it deems necessary to determine their qualifications;

 

(r)        Require a demonstration of continuing competency of professional engineers, architects, land surveyors, or real property appraisers as a condition of renewal of license; and

 

(s)        Do all other things necessary to carry out the provisions of the law, the rules and regulations and to meet the requirements of federal law where necessary regarding licensing or certification of architects, engineers, land surveyors, landscape architects, and real property appraisers that the Board determines are appropriate for these professions in the CNMI.

 

History: Amdts Adopted 35 Com. Reg. 34566 (Nov. 28, 2013); Amdts Proposed 35 Com. Reg. 33591 (June 28, 2013); Amdts Adopted 35 Com. Reg. 34566 (Nov. 28, 2013); Amdts Proposed 35 Com. Reg. 33591 (June 28, 2013); Amdts Adopted 21 Com. Reg. 17030 (Dec. 15, 1999); Amdts Proposed 21 Com. Reg. 16937 (Oct. 15, 1999).

 

Commission Comment: The 2013 amendments completely rewrote this section. The paragraphs of subsections (g) and (i) were undesignated in the original regulation. The Commission designated them as subsections (g)(1) through (g)(8) and (i)(1) through (i)(5) pursuant to 1 CMC § 3806(a).

 

The Commission inserted commas after the words “jurisdiction” in the initial paragraph, “rules” in subsection (c), “conditional” in subsection (e), “administration” in subsection (i)(4), “governmental” in subsection (j), “charge” in subsection (k), and “payments” in subsection (l) pursuant to 1 CMC § 3806(g). The Commission corrected the capitalization of the word “professional” in subsection (r) pursuant to 1 CMC § 3806(f).

 

§ 125-10-107  Revolving Fund

 

(a)       The Board of Professional Licensing Revolving Fund (BPLRF) is hereby established. The Department of Finance shall maintain all funds generated under this chapter in a segregated, restricted special account within the general fund.

 

(b)       All monies received in payment for licensing fees to the Board and* shall be deposited into the BPLRF. Funds shall be expended to pay for fees and dues to professional, governmental, and other organizations. Notwithstanding any other provision of law, they shall not be reprogrammed for any other purposes. At the end of each fiscal year, all lapsed funds shall be transferred to the CNMI general fund.

 

* So in original.

 

(c)       The Board will prepare an annual budget for approval and appropriation by the legislature. The budget may exceed the amount of the funds projected by the BPLRF to be generated under the law.

 

(d)       The Chair of the Board of Professional Licensing or the chair’s designee and the Board Secretary shall be the expenditure authority for the BPLRF.

 

(e)       At the close of each fiscal year, the Board shall provide the presiding officers of the legislature with an accounting of the use of funds deposited into the BPLRF.

 

History: Adopted 35 Com. Reg. 34566 (Nov. 28, 2013); Proposed 35 Com. Reg. 33591 (June 28, 2013).

 

Commission Comment: The Commission corrected the capitalization of the words “chapter” in subsection (a) and “legislature” in subsections (c) and (e) pursuant to 1 CMC § 3806(f).

 

§ 125-10-110  Officers

 

(a)       The Board shall elect, by the majority vote of a quorum of its members, a Chairman, a Vice Chairman, and a Secretary. The Board may establish such other officers as it shall deem necessary or appropriate.

 

(b)       Duties of Officers.

 

(1)       Chairperson - The Chairperson shall, when present, preside at all meetings. He/she shall appoint all standing and/or special committees and shall be an ex-officio member of all committees. He/she shall perform all other duties pertaining to the office of the Chairperson.

 

(2)       Vice Chairperson - The Vice Chairperson shall, in the absence of the Chairperson, exercise the duties of and possess all the powers of the Chairperson.

 

(3)       Secretary - The Secretary shall record or cause to be recorded the minutes of all board meetings and keep them in a book or file, to maintain current, accurate copies of all board documents (law, all regulations, rules), and to sign licenses or certificates issued by the Board. The Secretary shall perform such additional duties as designated by the Chair.

 

(c)       Elections. The officers of the Board shall be elected every two years.

 

(d)       Terms of Office. The Officers of the Board shall serve two-year terms unless their membership on the Board is terminated sooner than two years for whatever reason. The Board may fill any vacancy among its officers for the remainder of the unexpired term. In the event of a vacancy of the Chairperson’s position the Vice Chair automatically becomes the Chairperson.

 

Modified, 1 CMC § 3806(f).

 

History: Amdts Adopted 35 Com. Reg. 34566 (Nov. 28, 2013); Amdts Proposed 35 Com. Reg. 33591 (June 28, 2013); Amdts Adopted 21 Com. Reg. 17030 (Dec. 15, 1999); Amdts Proposed 21 Com. Reg. 16937 (Oct. 15, 1999); Adopted 13 Com. Reg. 8519 (Dec. 15, 1991); Proposed 13 Com. Reg. 8097 (Oct. 15, 1991).

 

Commission Comment: The 1999 amendments added new subsections (b) and (c) and amended subsections (a) and (d). The 2013 amendments amended subsection (c).

 

§ 125-10-115  Committees

 

The Board may establish such standing and special committees, and prescribe their powers, duties, and functions as it shall deem necessary. The Chairperson of the Board shall appoint the chairperson of all committees, provided, however, that in so doing, the Chairperson shall give due recognition to the desire to each member to serve as chairperson on a particular committee. No member of the Board may be the chairperson of more than one standing committee. The Chairperson as ex officio member of all committees shall not serve as the chairperson of a standing committee.

 

Modified, 1 CMC § 3806(g).

 

History: Amdts Adopted 21 Com. Reg. 17030 (Dec. 15, 1999); Amdts Proposed 21 Com. Reg. 16937 (Oct. 15, 1999); Adopted 13 Com. Reg. 8519 (Dec. 15, 1991); Proposed 13 Com. Reg. 8097 (Oct. 15, 1991).

 

Commission Comment: The Commission corrected the spelling of “officio.”

 

§ 125-10-120  Meetings

 

(a)       In general:

(1)       The Board shall act at its meetings, or as otherwise provided by law.

(2)       The Board shall make provision for the attendance of members by electronic means, if a member so requests.

(3)       Meetings shall be noticed as required by law.

(4)       A copy of meeting materials distributed to the members shall be available to any person for review at the meeting site, except for materials subject to confidentiality or privilege as permitted or required by law.

 

(b)       Time. The time for the regular meetings of the Board shall be established by action of the Board for each year, except as otherwise permitted or provided by law.

 

(c)       Location.

(1)       Regular meetings shall be held at such place as the Board may establish by regulation, and the location shall be properly noticed to the public.

(2)       The Board may meet by electronic means, and any member may attend a meeting by electronic means.

(3)       When the Board meets by electronic means, access to the meeting shall be freely given through the noticed site so that any person attending shall have the same access to the meeting as each attending member at the site. This may include use of speakerphone or video conferencing equipment for a conference call meeting.

(4)       Votes of members may be received by electronic means and announced at a meeting.

 

(d)       Quorum. Three members are necessary to make a quorum and a majority of the members then in office shall constitute a quorum for the transaction of business at any Board meeting, or for approval of those matters needing approval of the Board. One or more vacancies in the Board shall not impair the right of the remaining members to constitute a quorum and exercise all the powers of the Board.

 

(e)       Open Meetings. Board meetings and hearings shall be open to the public, as provided in the Open Government Act, 1 CMC §§ 9901-18, as amended.

 

(f)        Conduct of Meetings. Unless the Board adopts regulations that provide for other procedures, the latest edition of Robert’s Rules of Order shall govern the proceedings of the Board.

 

(g)       Regular Meetings. Regular meetings shall be held as determined by the Board.

 

(h)       Special Meetings. Special meetings may be held from time to time, and shall be duly noticed by the Board. The Chairperson or any two members may call special meetings of the Board. The executive director shall notify members of the board in writing, at least one week before the date of any regular meeting, and as soon as practical before the date of any special meeting. Such notice shall, whenever possible, include a proposed agenda for the meeting and copies of any documents relevant to matters which will be before the board for its consideration at the meeting.

 

(i)        Executive Session. Ordinarily the Board’s meetings shall be open to the public. The Board may meet privately, in Executive Session, for the following purposes:

(1)       To discuss personnel matters, including the hiring, firing, and discipline of staff and/or contractors;

(2)       To discuss pending or potential litigation or investigations;

(3)       To discuss aspects of the Board’s business affairs that is* confidential and/or proprietary by law;

(4)       To discuss a matter that may give rise to a conflict of interest, or an appearance of a conflict, with the discussion taking place in the absence of the member(s) related thereto; and

(5)       To address other matters permitted by law.

 

* So in original.

 

(j)        Discussion by electronic means.

(1)       The Board may discuss a matter over time by electronic means, as well as in real time, provided that access to the discussion shall be publicly given so that a person seeking to review the discussion as it happens shall have substantially the same access to the discussion as each participating member.

(2)       Typically such a discussion shall be by electronic bulletin board open to the view of the public.

(3)       Such discussion shall be noticed according to the Board’s regulations and shall comply with Commonwealth law regarding open meetings.

(4)       The Board shall arrange for a person, upon request, the reasonable use of a public-available electronic means at the Board’s office with internet access in order to allow review of the discussion.

 

(k)       Accessibility. The Board shall comply with the accessibility requirements required by law and may, upon a person’s request accommodate other special needs relating to sight, sound, language, or location.

 

(l)        Order of Business. An agenda outlining the order of business shall be prepared for all Board meetings. The agenda shall be prepared by the Executive Director and approved by the Chairperson. The agenda shall include the following:

 

(1)       Meeting call to order

 

(2)       Determination of quorum

 

(3)       Review and adoption of agenda

 

(4)       Review and adoption of previous meeting minutes

 

(5)       Communications from Governor’s Office and Legislature

 

(6)       Chairperson’s report

 

(7)       Executive Director’s report

 

(8)       Investigator’s report

 

(9)       Committee reports

 

(10)     Old business

 

(11)     New business

 

(12)     Applications for Board’s review

 

(13)     Miscellaneous business

 

(14)     Executive session

 

(15)     Announcements

 

(16)     Adjournment of meeting.

 

(m)      Rules of Order. The Board shall be governed by the most recent edition of Robert’s Rules of Order, when not in conflict with the law or the administrative policy and procedures in this chapter. The Chairperson shall rule on all questions of order, subject to appeal to the membership. Voting shall ordinarily be by voice vote, provided, however, that any two members of the Board may request a secret ballot upon any matter before the Board.

 

(n)       Minutes. The Board shall record or cause to be recorded a summary of the proceedings before it at its meetings. The minutes of the Board meetings shall be prepare by the Executive Director and reviewed and approved by the Secretary of the Board.

 

(o)       Attendance/Termination. Attendance at all meetings is compulsory unless excused due to medical or other valid reasons by the Chairperson. Should a member have three unexcused absences from three regular meetings within any calendar year, the Board shall (upon the motion by one of its members that has been duly seconded by another member and then approved of by at least four members) recommend to the Governor that such member be terminated “for cause” from the Board.

 

(p)       Delegation. When the Chairperson will be out of the CNMI or otherwise unable to perform official functions, the Vice Chairperson shall automatically be delegated such functions. If the Vice Chairperson is for any reason unable to assume such functions, the Secretary shall be the delegatee. If the Vice Chairperson and Secretary are unable to assume such functions, the Vice Chairperson shall delegate such responsibilities to another Board member.

 

Modified, 1 CMC § 3806(d), (e), (f), (g).

 

History: Amdts Adopted 35 Com. Reg. 34566 (Nov. 28, 2013); Amdts Proposed 35 Com. Reg. 33591 (June 28, 2013); Amdts Adopted 21 Com. Reg. 17030 (Dec. 15, 1999); Amdts Proposed 21 Com. Reg. 16937 (Oct. 15, 1999); Amdts Adopted 16 Com. Reg. 12681 (Dec. 15, 1994); Amdts Proposed 16 Com. Reg. 11878 (May 15, 1994); Amdts Adopted 14 Com. Reg. 8775 (Feb. 15, 1992); Amdts Proposed 13 Com. Reg. 8514 (Dec. 15, 1991); Adopted 13 Com. Reg. 8519 (Dec. 15, 1991); Proposed 13 Com. Reg. 8097 (Oct. 15, 1991).

 

Commission Comment: The original paragraphs of subsection (l) were not designated. The Commission designated subsections (l)(1) through (l)(16).

 

The 1992 amendments amended subsection (b). The 1994 amendments amended subsection (f). The 1999 amendments moved subsections (a), (b), (c), (d), (e), (f), (g) and (h) from former parts XIII, V, XIV, XIV, XVII, XV, XIX, and XX, respectively, with numerous amendments. The 2013 amendments completely rewrote this section.

 

The Commission inserted commas after the words “firing” in subsection (i)(1) and “language” in subsection (k) pursuant to 1 CMC § 3806(g).

 

§ 125-10-122  Travel

 

Travel. Travel out of the CNMI at Board expense shall only be as approved by the Board based on funding and other relevant factors, except that, in an emergency when Board action is impracticable, the Chairperson shall decide the travel issue. A written report on the relevant information of the Board within (10)* working days following return is required. No member may travel if he/she has not submitted an acceptable written report from prior travel.

 

* So in original.

 

History: Adopted 35 Com. Reg. 34566 (Nov. 28, 2013); Proposed 35 Com. Reg. 33591 (June 28, 2013).

 

§ 125-10-125  Staff

 

The Board , subject to budgetary appropriation, employ staff as required to assist it in performing its duties. The executive director shall be exempt from civil service and shall receive an annual salary as determined by the Board pursuant to 1 CMC § 8246.

 

History: Amdts Adopted 35 Com. Reg. 34566 (Nov. 28, 2013); Amdts Proposed 35 Com. Reg. 33591 (June 28, 2013); Amdts Adopted 21 Com. Reg. 17030 (Dec. 15, 1999); Amdts Proposed 21 Com. Reg. 16937 (Oct. 15, 1999); Adopted 13 Com. Reg. 8519 (Dec. 15, 1991); Proposed 13 Com. Reg. 8097 (Oct. 15, 1991).

 

Commission Comment: The 1999 amendments moved this section from former part X, with amendments.

 

Part 200 -       Other Provisions

 

§ 125-10-201  Jurisdiction

 

The Board has the statutory power and duty to review applications for professional licenses, adopt licensing standards and criteria, prescribe fees therefor, adopt forms related thereto, and to do all acts related to its statutory power and duties, involving the following professions in the CNMI:

 

(a)       Architects;

 

(b)       Engineers;

 

(c)       Surveyors;

 

(d)       Plumbers;

 

(e)       Electricians;

 

(f)        Carpenters;

 

(g)       Ship’s officers;

 

(h)       Barbers and beauticians;

 

(i)        And all other professions and trades except those exempted under 4 CMC § 3107, to wit, lawyers, teachers, healing arts practitioners and any profession or trade over which exclusive jurisdiction as to licensing, certification or credentialing has been given to an agency of the United States or to another department, agency or instrumentality of the CNMI.

 

Modified, 1 CMC § 3806(f).

 

History: Adopted 13 Com. Reg. 8519 (Dec. 15, 1991); Proposed 13 Com. Reg. 8097 (Oct. 15, 1991).

 

Commission Comment: The original paragraphs were not designated. The Commission designated subsections (a) through (i).

 

The Board of Professional Licensing promulgated the sections in this part in the 1991 Administrative Regulations. The 1999 amendments to the Administrative Regulations for Practice and Procedure rearranged and revised many sections of the 1991 regulations, but did not address the sections codified in this part. Because these sections were not explicitly deleted, the Commission has retained them.

 

§ 125-10-205  Exceptions

 

Pursuant to 4 CMC § 3106, the hiring of unlicensed apprentices, trainees and helpers is not prohibited so long as they are under the general supervision of a licensee.

 

History: Adopted 13 Com. Reg. 8519 (Dec. 15, 1991); Proposed 13 Com. Reg. 8097 (Oct. 15, 1991).

 

§ 125-10-210  Rules and Regulations

 

Pursuant to 4 CMC § 3108, the Board is empowered to adopt rules and regulations governing licensing of professionals, establishing procedures and standards for licensing, regulating the internal administrations of board functions, and any and all other related matters.

 

History: Adopted 13 Com. Reg. 8519 (Dec. 15, 1991); Proposed 13 Com. Reg. 8097 (Oct. 15, 1991).

 

§ 125-10-215  Professional Organizations and Public Agencies

 

The Board shall determine those professional or trade organizations it may accept as a basis for approving applications for licensing and set criteria therefor. The Board may accept a license or certification issued by an agency of the United States or of a state or political subdivision of a state, or of a territory or possession of the United States, and set criteria therefor.

 

History: Adopted 13 Com. Reg. 8519 (Dec. 15, 1991); Proposed 13 Com. Reg. 8097 (Oct. 15, 1991).

 

§ 125-10-220  Examination, Experience, and Education Criteria

 

The Board shall establish examination, experience, and education criteria for each profession it is empowered to license, any* may enter into contracts with other entities to assist the Board in establishing and administering the Board’s criteria.

 

* So in original.

 

History: Adopted 13 Com. Reg. 8519 (Dec. 15, 1991); Proposed 13 Com. Reg. 8097 (Oct. 15, 1991).

 

Commission Comment: The Commission inserted a comma after the word “experience” pursuant to 1 CMC § 3806(g).

 

§ 125-10-225  Amendments

 

The bylaws in this chapter may be amended during any duly noticed meeting of the Board.

 

Modified, 1 CMC § 3806(d).

 

History: Adopted 13 Com. Reg. 8519 (Dec. 15, 1991); Proposed 13 Com. Reg. 8097 (Oct. 15, 1991).

 

§ 125-10-230  Definitions

 

The definitions of various professions as contained in 4 CMC § 3211, or other applicable law, as amended, shall be controlling.

 

History: Adopted 13 Com. Reg. 8519 (Dec. 15, 1991); Proposed 13 Com. Reg. 8097 (Oct. 15, 1991).

 

§ 125-10-235  Violations, Investigations, and Hearings

 

(a)       It shall be a violation of law, and of the regulations in this chapter and other applicable rules and/or regulations adopted by the Board, for any unlicensed person or entity to perform any act(s) in the CNMI which act(s) is/are commonly performed by professions or trades subject to the licensing power of the Board. It shall be a violation of these regulations for any licensed professional to commit fraud or deceit or negligence in the applications process or in the performance of the licensee’s professional duties. The Board is empowered, through the Office of the Attorney General, to obtain appropriate legal remedies therefor including injunctive relief. The Board is empowered to investigate any alleged violation of law or Board rule and regulations, to conduct hearings consistent with the Administrative Procedure Act [1 CMC §§ 9101, et seq.] and other applicable law, to subpoena witnesses and/or documents, to swear witnesses, and to otherwise conduct an investigation of any alleged violation of law or its rules and/or regulations.

 

(b)       Any person or entity, including a Board member, may file written charges alleging a violation of law or Board rules or regulations. These charges shall be reviewed by the Board at the next regularly scheduled meeting following receipt of the charges, or at a special meeting, and the vote of four members shall be necessary to institute an investigation as above-mentioned. Following an investigation, the Board may schedule a hearing on said charges as abovementioned, upon the vote of four members. The hearing shall be scheduled within three months following receipt of said charges, unless not practicable. A copy of the charges and notice of the hearing shall be sent, by registered mail, return receipt, or by personal delivery, to the subject of the charges, at least thirty days prior to the date fixed for a hearing. If the person or entity which is the subject of the charges cannot be located, a legal notice of said charges shall be printed in a local newspaper, in English, Chamorro, and Carolinian for two consecutive weeks, unless other applicable law presents a different method of notice.

 

Modified, 1 CMC § 3806(d), (e), (g).

 

History: Adopted 13 Com. Reg. 8519 (Dec. 15, 1991); Proposed 13 Com. Reg. 8097 (Oct. 15, 1991).

 

Commission Comment: The original paragraphs were not designated. The Commission designated subsections (a) and (b).

 

In subsection (a), the Commission changed “Procedures” to “Procedure” to correct a manifest error. The Commission inserted commas after the words “investigations” in the section title, “witnesses” in subsection (a), and “Chamorro” in subsection (b) pursuant to 1 CMC § 3806(g).

 

§ 125-10-240  Remedies

 

The Board, upon a vote of at least four members (except for architects, engineers, landscape architects and land surveyors, for whom a unanimous vote is required by law) finding a person or entity guilty of a violation of licensing law or Board rules or regulations, shall prescribe a penalty therefor, in addition to the penalty set forth in 4 CMC § 3222, if applicable. The penalties imposed shall include the prohibition of violative acts, suspension or revocation of a license or registrations, ineligibility for applying for a license or regulation or other appropriate remedy.

 

Modified, 1 CMC § 3806(e).

 

History: Adopted 13 Com. Reg. 8519 (Dec. 15, 1991); Proposed 13 Com. Reg. 8097 (Oct. 15, 1991).

 

§ 125-10-245  Architects, Engineers, Landscape Architects, and Land Surveyors

 

The provisions of 4 CMC §§ 3211, et seq., as amended, shall apply to said professions and to all Board actions regarding said professions.

 

History: Adopted 13 Com. Reg. 8519 (Dec. 15, 1991); Proposed 13 Com. Reg. 8097 (Oct. 15, 1991).

 

Commission Comment: The Commission inserted a comma after the word “architects” in the section title pursuant to 1 CMC § 3806(g).

 


 

 

CHAPTER 125-20

ENGINEERS, ARCHITECTS, LAND SURVEYORS, AND LANDSCAPE ARCHITECTS

 

SUBCHAPTER 125-20.1

ENGINEERS, ARCHITECTS, LAND SURVEYORS, AND LANDSCAPE ARCHITECTS REGULATIONS

 


Part 001          General Provisions

§ 125-20.1-001           Purpose

§ 125-20.1-005           Authority

§ 125-20.1-010           Force and Effect

§ 125-20.1-015           Rules of Order

§ 125-20.1-020           Definitions

 

Part 100          Applications

§ 125-20.1-101           Filing of Applications

§ 125-20.1-105           Kinds of Applications

§ 125-20.1-110           Licensure by Endorsement

§ 125-20.1-115           Foreign Education and Experience

§ 125-20.1-120           Interview

§ 125-20.1-125           Reconsideration of Disapproved Application

 

Part 200          Fees

§ 125-20.1-201           Method of Payment

§ 125-20.1-205           Application Fees

§ 125-20.1-210           Examination Fees

§ 125-20.1-212           Dishonored Checks

§ 125-20.1-215           Renewal Fees

§ 125-20.1-220           Schedule of Fees

 

Part 300          Qualifications for Licensure

§ 125-20.1-301           Qualifications for Licensure

§ 125-20.1-305           Qualifications for Licensure

§ 125-20.1-310           Engineering Technology Degrees

§ 125-20.1-315           Applicants with Degrees from Foreign Schools

§ 125-20.1-320           Experience

§ 125-20.1-325           References

§ 125-20.1-330           Examinations

 

Part 400          Licensure Classification

§ 125-20.1-401           Engineering

§ 125-20.1-405           Architecture

§ 125-20.1-410           Land Surveying

§ 125-20.1-415           Landscape Architecture

 

Part 500          Certificate of Authorization

§ 125-20.1-501           General Provisions

§ 125-20.1-505           Application for a Certificate of Authorization

 

Part 600          Certificates or Licenses

§ 125-20.1-601           Issuance of Certificates or Licenses

§ 125-20.1-605           License or Certificate Number

§ 125-20.1-610           Certificate/License

§ 125-20.1-615           Engineering Branch

§ 125-20.1-620           Display

§ 125-20.1-625           Replacement of License or Certificate

§ 125-20.1-630           Prohibited Act

 

Part 700          Seals

§ 125-20.1-701           Board Seal

§ 125-20.1-705           Seal of Licensure

§ 125-20.1-710           Seal on Documents

§ 125-20.1-715           Design Certification

§ 125-20.1-720           Construction Inspection

§ 125-20.1-725           Construction Management Services

§ 125-20.1-730           Engineer’s Seal

§ 125-20.1-735           Architect’s Seal

§ 125-20.1-740           Land Surveyor’s Seals

 

Part 800          Temporary Licenses; Renewals and Reinstatements

§ 125-20.1-801           Temporary Licenses; Requirements

§ 125-20.1-805           Renewals

§ 125-20.1-810           Reinstatement

§ 120-20.1-815           Inactive License

 

Part 900          Professional Conduct

§ 125-20.1-901           Rules of Professional Conduct

§ 125-20.1-905           Knowledge of the Rules

§ 125-20.1-910           Convictions

§ 125-20.1-915           Enforcement

 

Part 1000        Disciplinary Action; Reprimand, Suspension or Revocation; Refusal to Issue, Restore or Renew License or Certificate

§ 125-20.1-1001         Disciplinary Action

§ 125-20.1-1005         Disciplinary Proceedings

 

Part 1100        Miscellaneous Provisions

§ 125-20.1-1101         Reinstatement of Licensure after Revocation

§ 125-20.1-1105         Advertising Practices

§ 125-20.1-1110         Board Records

§ 125-20.1-1115         Severability


 

Subchapter Authority: 4 CMC § 3108 (2004).

 

Subchapter History: Amdts Adopted 35 Com. Reg. 34577 (Nov. 28, 2013); Amdts Proposed 35 Com. Reg. 34176 (Aug. 28, 2013); Amdts Adopted 34 Com. Reg. 32300 (Feb. 29, 2012); Amdts Proposed 33 Com. Reg. 32237 (Dec. 29, 2011); Amdts Adopted 29 Com. Reg. 27938 (Dec. 18, 2007); Amdts Emergency and Proposed 29 Com. Reg. 26605 (July 21, 2007); Amdts Adopted 24 Com. Reg. 19245 (May 20, 2002); Amdts Proposed 24 Com. Reg. 19025 (Feb. 28, 2002); Amdts Proposed 23 Com. Reg. 18345 (Sept. 24, 2001); Amdts Adopted 23 Com. Reg. 17620 (Jan. 19, 2001); Amdts Proposed 22 Com. Reg. 17501 (Oct. 20, 2000); Amdts Adopted 21** Com. Reg. 16567 (Feb. 18, 1999); Amdts Proposed 20 Com. Reg. 16219 (Oct. 15, 1998); Amdts Adopted 18 Com. Reg. 14078 (Apr. 15, 1996); Amdts Proposed 18 Com. Reg. 14018 (Feb. 15, 1996); Amdts Proposed 17 Com. Reg. 13911 (Dec. 15, 1995); Amdts Adopted 17 Com. Reg. 13577 (July 15, 1995); Amdts Proposed 17 Com. Reg. 13329 (May 15, 1995); Amdts Proposed 14 Com. Reg. 8770 (Feb. 15, 1992);* Adopted 13 Com. Reg. 8414 (Nov. 15, 1991) (replacing all previous regulations in effect); Adopted 13 Com. Reg. 8183 (Oct. 15, 1991); Proposed 13 Com. Reg. 7752 (June 15, 1991).

 

*A notice of adoption for the 1992 amendments was never published.

 

**Commonwealth Register volume 21, number 2, page 16567 is mislabeled as volume 20.

 

Commission Comment: PL 1-8, ch. 5 (effective Aug. 10, 1978), codified as amended at 4 CMC §§ 3101-3110, created the Board of Professional Licensing, a regulatory board within the Commonwealth government. See 4 CMC § 3101.

 

Executive Order 94-3 (effective August 23, 1994) reorganized the Commonwealth government executive branch, changed agency names and official titles and effected numerous other revisions. According to Executive Order 94-3 § 304(c):

 

Section 304. Department of Public Works.

 

 

(c)          Board of Professional Licensing The Board of Professional Licensing is abolished and its functions transferred to a Division of Professional Licensing in the Department of Public Works, which shall have at its head a Director of Professional Licensing.

 

The full text of Executive Order 94-3 is set forth in the commission

 

comment to 1 CMC § 2001.

 

PL 11-99, the “Board of Professional Licensing Amendments Act of 1998,” codified at 4 CMC §§ 3101-3221, took effect on September 21, 1999. PL 11-99 reenacted 4 CMC §§ 3101-3110 with numerous revisions. PL 11-99 § 3 (§ 3101), 4 CMC § 3101, reestablished the Board as a regulatory board “within the Commonwealth government.” The Board is authorized to issue licenses to the professions enumerated in PL 11-99 § 3 (§ 3105), 4 CMC § 3105. PL 11-99 § 3 (§ 3108), 4 CMC § 3108, empowers the Board to adopt rules and regulations to implement the act including rules and regulations to establish credentialing criteria and standards regarding licensing or authorization to practice a profession over which the Board has jurisdiction.

 

The Board of Professional Licensing first promulgated Engineers, Architects, Land Surveyors, and Landscape Architects Regulations in 1985. For the history of these regulations see: Adopted 7 Com. Reg. 4151 (Oct. 17, 1985); Proposed 7 Com. Reg. 3980 (Sept. 16, 1985).

 

PL 14-95 (effective Oct. 31, 2005), the “Board of Professional Licensing Amendments Act of 2005,” repealed and reenacted 4 CMC §§ 3101-3222 with extensive revisions. See the general commission comment to NMIAC chapter 125-10.

 

Public Law 15-77 (effective August 20, 2007) amends 4 CMC § 3214 regarding temporary licenses for architects, engineers, land surveyors, and landscape architects. Section 2 of PL 15-77, codified at 4 CMC § 3214, authorizes the Board to grant temporary licenses provided that “such person is legally qualified and licensed or certified in another any United States or foreign jurisdiction and that his or her qualifications for obtaining the license meet those required requirements for licensure by this Board under 4 CMC § 3215(a) to (e).”

 

In July 2007, the Board of Professional Licensing amended sections of this subchapter to comply with PL 14-95 (effective Oct. 31, 2005), the “Board of Professional Licensing Amendments Act of 2005” [4 CMC §§ 3101-3222].

 

PL 17-39 (effective April 21, 2011), the “Board of Professional Licensing Amendments Act of 2010,” repealed and reenacted 4 CMC §§ 3101-3222 with extensive revisions. The 2012 amendments to this subchapter reflect the changes made in PL 17-39.

 

Part 001 -       General Provisions

 

§ 125-20.1-001           Purpose

 

The purpose of adopting the regulations in this subchapter is to clarify and implement Public Laws 1-8, 4-53, 5-43, 11-99, 14-95, and 17-39, to the end that the provisions thereunder be best effectuated and the public interest most effectively served.

 

Modified, 1 CMC § 3806(d).

 

History: Amdts Adopted 34 Com. Reg. 32300 (Feb. 29, 2012); Amdts Proposed 33 Com. Reg. 32237 (Dec. 29, 2011); Amdts Adopted 23 Com. Reg. 17620 (Jan. 19, 2001); Amdts Proposed 22 Com. Reg. 17501 (Oct. 20, 2000); Amdts Adopted 21 Com. Reg. 16567 (Feb. 18, 1999); Amdts Proposed 20 Com. Reg. 16219 (Oct. 15, 1998); Amdts Adopted 17 Com. Reg. 13577 (July 15, 1995); Amdts Proposed 17 Com. Reg. 13329 (May 15, 1995); Adopted 13 Com. Reg. 8414 (Nov. 15, 1991) (replacing all previous regulations in effect); Adopted 13 Com. Reg. 8183 (Oct. 15, 1991); Proposed 13 Com. Reg. 7752 (June 15, 1991).

 

Commission Comment: The 1991, 1995, 1999 and 2001 amendments readopted and republished the Engineers, Architects, Land Surveyors, and Landscape Architects Regulations in their entirety. The 1999 amendments completely revised the 1991 regulations, as amended by the 1995 amendments, extensively reordered the provisions and deleted numerous sections. The Commission cites the 1999 and the 2001 amendments in the history sections throughout this subchapter. The 1991 and 1995 amendments are cited where appropriate. The Commission inserted a comma after the word “14-95” pursuant to 1 CMC § 3806(g).

 

§ 125-20.1-005           Authority

 

The regulations in this subchapter are adopted herewith pursuant to authority vested in the Board under PL 4-53.

 

Modified, 1 CMC § 3806(d).

 

History: Amdts Adopted 23 Com. Reg. 17620 (Jan. 19, 2001); Amdts Proposed 22 Com. Reg. 17501 (Oct. 20, 2000); Amdts Adopted 21 Com. Reg. 16567 (Feb. 18, 1999); Amdts Proposed 20 Com. Reg. 16219 (Oct. 15, 1998); Amdts Adopted 17 Com. Reg. 13577 (July 15, 1995); Amdts Proposed 17 Com. Reg. 13329 (May 15, 1995); Adopted 13 Com. Reg. 8414 (Nov. 15, 1991) (replacing all previous regulations in effect); Adopted 13 Com. Reg. 8183 (Oct. 15, 1991); Proposed 13 Com. Reg. 7752 (June 15, 1991).

 

§ 125-20.1-010           Force and Effect

 

The regulations in this subchapter and the Rules of Professional Conduct [NMIAC, title 125, chapter 20.2] adopted by the Board shall be binding upon all persons and entities licensed under the laws of the Commonwealth and shall be applicable to all sole practitioners, partnerships, corporations, associations and joint ventures holding licenses, certificates of authorization and temporary permits. No person except those exempted by §§ 3213 and 3215 of PL 11-99 shall practice engineering, architecture, land surveying, or landscape architecture unless licensed hereunder.

 

Modified, 1 CMC § 3806(d), (f).

 

History: Amdts Adopted 23 Com. Reg. 17620 (Jan. 19, 2001); Amdts Proposed 22 Com. Reg. 17501 (Oct. 20, 2000); Amdts Adopted 21 Com. Reg. 16567 (Feb. 18, 1999); Amdts Proposed 20 Com. Reg. 16219 (Oct. 15, 1998); Amdts Adopted 17 Com. Reg. 13577 (July 15, 1995); Amdts Proposed 17 Com. Reg. 13329 (May 15, 1995); Adopted 13 Com. Reg. 8414 (Nov. 15, 1991) (replacing all previous regulations in effect); Adopted 13 Com. Reg. 8183 (Oct. 15, 1991); Proposed 13 Com. Reg. 7752 (June 15, 1991).

 

Commission Comment: The Commission inserted a comma after the word “surveying” pursuant to 1 CMC § 3806(g).

 

§ 125-20.1-015           Rules of Order

 

The latest edition of the Robert’s Rules of Order shall govern the normal proceedings of the Board.

 

History: Amdts Adopted 23 Com. Reg. 17620 (Jan. 19, 2001); Amdts Proposed 22 Com. Reg. 17501 (Oct. 20, 2000); Amdts Adopted 21 Com. Reg. 16567 (Feb. 18, 1999); Amdts Proposed 20 Com. Reg. 16219 (Oct. 15, 1998); Amdts Adopted 17 Com. Reg. 13577 (July 15, 1995); Amdts Proposed 17 Com. Reg. 13329 (May 15, 1995); Adopted 13 Com. Reg. 8414 (Nov. 15, 1991) (replacing all previous regulations in effect); Adopted 13 Com. Reg. 8183 (Oct. 15, 1991); Proposed 13 Com. Reg. 7752 (June 15, 1991).

 

Commission Comment: The Commission corrected the spelling of the phrase “Robert’s Rules of Order” pursuant to 1 CMC § 3806(g).

 

§ 125-20.1-020           Definitions

 

(a)       “ABET” - The letters “ABET” shall mean Accreditation Board for Engineering and Technology.

 

(b)       “Advertise” includes, but is not limited to, the issuance of any card, sign, or device to any person; the causing, permitting, or allowing of any sign or marking on or in any building, vehicle or structure or advertising through the media. Advertising through the “media” means newspapers, magazines, and telephone directories including all listings in the yellow pages or commercial broadcasting through radio or television or any other means of dissemination.

 

(c)       “Approved Institution of Higher Education” - The term “approved institution of higher education” shall mean institutions offering curricula leading to a Ph.D. or master’s degree in engineering or architecture accredited by ABET, CACB, CEAB, NAAB, or as approved by the Board.

 

(d)       “Approved School or College” - The term “approved school or college” shall mean institutions offering curricula leading to first professional degrees in engineering, architecture, land surveying or landscape architecture and are accredited by ABET, CACB, CEAB, NAAB, or as approved by the Board.

 

(e)       “A.R.E.” - The letters “A.R.E.” shall mean Architect Registration Examination prepared by NCARB.

 

(f)        “Architect” - The term “architect” shall mean a person who has been duly licensed by the Board to engage in the practice of architecture within the Commonwealth.

 

(g)       “Base State” - The term “base state” shall mean the jurisdiction in which an applicant took and passed the required examination and was initially licensed or the jurisdiction to which an applicant has transferred his base state status.

 

(h)       “Board” - The “board” shall mean the Commonwealth of the Northern Mariana Islands Board of Professional Licensing as established by chapter 1 of 4 CMC, division 3.

 

(i)        “BPLRF” - The letters “BPLRF” shall mean the Board of Professional Licensing Revolving Fund.

 

(j)        “Branch” - The term “branch” shall mean the various branches of the engineering profession, i.e. civil, structural, mechanical, electrical, etc.

 

(k)       “CACB” - The letters “CACB” shall mean the Canadian Architectural Certification Board.

 

(l)        “CBRPELS” - The letters “CBRPELS” shall mean the California Board of Registration for Professional Engineers and Land Surveyors.

 

(m)      “CEAB” - The letters “CEAB” shall mean the Canadian Engineering Accreditation Board.

 

(n)       “Certificate of Authorization” - The term “certificate of authorization” means a written certificate issued by the Board to a partnership or corporation which identifies the firm as legally entitled to engage or offer to engage in the practice of engineering, architecture, land surveying, or landscape architecture within the CNMI.

 

(o)       “Chemical Engineering” - That branch of engineering which embraces studies or activities relating to the development and application of processes in which chemical or physical changes or materials are involved.

 

(p)       “Civil Engineering” - That branch of engineering which embraces activities or studies in connection with fixed works for irrigation, drainage, waterpower, water supply, flood control, inland waterways, harbors, municipal improvements, railroads, highways, tunnels, airports and runways, purification of water, sewerage, refuse disposal, foundations, framed and homogeneous structures, buildings and bridges. It is concerned with investigation of the laws, phenomena forces of nature; preparation and/or submission of designs, plans, specifications and engineering reports; determination of materials’ physical qualities; economics of design and use of construction materials; appraisals, valuations and inspection of the construction of engineering structures.

 

(q)       “CLARB” - The letters “CLARB” shall mean the Council of Landscape Architectural Registration Boards.

 

(r)        “Commonwealth” (“CNMI”) - The term “Commonwealth” shall mean the Commonwealth of the Northern Mariana Islands, and its public corporations.

 

(s)        “Construction Inspection” - The term “construction inspection” means making visits to the site by a licensed engineer, architect, or landscape architect, or qualified representatives, to inspect or observe the progress and quality of the executed work and to determine, in general, if the work is proceeding in accordance with the contract documents. It is not required that they make exhaustive or continuous on-site inspections to check the quality or quantity of work nor is it intended that the engineer, architect, or landscape architect be responsible for construction means, methods, techniques, sequences, or procedures or for safety precautions and programs in connection with the work.

 

(t)        “Consulting Engineer” - The term “consulting engineer” shall mean a professional engineer whose principal occupation is the independent practice of engineering; one who provides services to clients as an independent fiduciary devoid of interests, affiliations and associations that might infer a conflict of interest; one who must exercise legal responsibility at a professional level without prejudice or bias.

 

(u)       “Direct Supervision” - The term “direct supervision” shall mean that degree of supervision by a person overseeing the work of another whereby the supervisor has both control over and detailed professional knowledge of the work prepared under his or her supervision.

 

(v)       “Design” - The term “design” shall mean any analysis, calculation, sketch, plan, drawing, outline, scheme, model, contrivance or procedure which conveys the plan, location, arrangement, intent, purpose, appearance and nature of construction or alteration of existing or proposed buildings, structures, works, machines, processes, land areas or projects.

 

(w)      “Directly in Charge of the Professional Work” - The term “directly in charge of the professional work” shall mean personal preparation and/or direct supervision of the preparation and personal review of all instruments of professional service and shall include the legal authority to bind the sole proprietor, partnership, corporation, association, or joint venture in all matters relating to the professional work.

 

(x)       “Electrical Engineering” - That branch of engineering which embraces studies, design and activities relating to the general transmission, storage and utilization of electrical energy, including design of electrical gear, design of electrical, electronic and magnetic circuits and the technical control of their operation, including research, design, production, operation, organization and economic aspects of all the above.

 

(y)       “Electronic Means” - The term “electronic means” shall include telephone, video-conference, electronic telecommunications-mediated written, aural and/or video means, including mediated through the internet, a wireless services, and/or email; and shall further include the presentation, service, filing, and storage of documents in their electronic form.

 

(z)       “Engineer” - The term “engineer” shall mean a person who has been duly licensed by the Board to engage in the practice of engineering, including any of the branches thereof, as hereinafter defined.

 

(aa)      “Engineer Intern” (“Engineer-in-Training”) - Engineer intern shall mean a person who has met the education and character requirements as set forth herein and has taken and passed the Fundamentals of Engineering Examination and has been duly licensed by the Board.

 

(bb)     “Firm” - The term “firm” shall mean the business entity that offers engineering, architectural, land surveying or landscape architecture services to the public or their licensed personnel who are either employees, officers, or partners of the company.

 

(cc)      “Gross Negligence” - The term “gross negligence” is the performance of professional work by a licensee which demonstrates through errors and/or omissions indifference to and/or wanton disregard of accepted standards of care and/or legal obligation so far as other persons may be affected.

 

(dd)     “Incompetence” - The term “incompetence” is the performance of professional work by a licensee which demonstrates through errors and/or omissions lack of ability to produce work in conformity with accepted professional standards.

 

(ee)      “Investigation” - The term “investigation” shall mean careful research, examination, inquiry, and study to reveal or determine scientific, aesthetic, and technical information and facts for the planning, design, location, construction and alteration of existing and proposed structures, buildings, works, machines, processes, land areas and projects.

 

(ff)      “Jurisdiction” - The term “jurisdiction” shall mean the state, commonwealth, territory, or possession of the country authorized by law to license engineers, architects, land surveyors, or landscape architects.

 

(gg)     “Landscape Architect” - The term “landscape architect” shall mean a person who has been duly licensed by the Board to engage in the practice of landscape architecture in the Commonwealth.

 

(hh)     “Land Surveyor” - The term “land surveyor” shall mean a person who has been duly licensed by the Board to engage in the practice of land surveying in the Commonwealth.

 

(ii)       “Land Surveyor Intern” (“Land Surveyor in Training”) - The term “land surveyor intern” shall mean a person who has met the educational requirement as set forth herein, and in either case has passed the examination on fundamentals of land surveying and has been duty licensed by the Board.

 

(jj)       “Lawful Experience” - The term “lawful experience” shall be interpreted by the Board to mean experience in the appropriate profession or engineering branch under the supervision of a NCEES, NCARB, CACB or CEAB member board licensed engineer, architect, land surveyor or landscape architect in the District of Columbia, any state, commonwealth or territory of the United States and Canada.*

 

(kk)     “License” - The term “license” means a certificate issued to a person licensed, certified, or otherwise approved to practice as an engineer, architect, land surveyor, landscape architect, or real property appraiser.

 

(ll)       “Licensee” - The term “licensee” means a person licensed, certified, or otherwise approved to practice as an engineer, architect, land surveyor, landscape architect, or real property appraiser.

 

(mm)   “Licensure” - The term “licensure” means the process or condition of being licensed to practice as an engineer, architect, land surveyor, landscape architect, or real property appraiser.

 

(oo)     “Marine Engineering” - That branch of engineering concerned with the design, construction, operation, and repair of energy conversion devices and systems for marine applications. These systems include ship propulsion plants, cargo moving systems, refrigeration, air conditioning systems, and control systems. Fluid and structural dynamics, heat transfer, mechanics, machine design, and electrical engineering form the main base for marine engineering. In addition, marine engineers must have a fundamental knowledge of naval architecture.

 

(pp)     “Mechanical Engineering” - That branch of engineering which deals with engineering problems relating to generation, transmission, and utilization of energy in the thermal or mechanical form and with engineering problems relating to the production of tools, machinery, and their products and to heating, air conditioning, ventilation, refrigeration and plumbing equipment and systems, including research, design, production, operation, organization, and economic aspects of all the above.

 

(qq)     “NAAB” - The letters “NAAB” shall mean the National Architectural Accreditation Board.

 

(rr)      “Naval Architect” - This discipline is concerned with the design, construction, operation, and repair of marine vehicles. A naval architect conceives and develops a vehicle to meet the requirements of the owner, the ocean environment and any interface with other transportation systems. Fluid dynamics, structures mechanics, elements of ship architecture and ship static and dynamics form the main base. In addition, naval architects must have a fundamental knowledge of marine engineering.

 

(ss)      “NCARB” - The letters “NCARB” shall mean the National Council of Architectural Registration Boards.

 

(tt)       “NCEES” - The letters “NCEES” shall mean the National Council of Examiners for Engineering and Surveying.

 

(uu)     “Negligence” - The term “negligence” is the performance of professional work by a licensee which demonstrates through errors and/or omissions a lack of due care in accordance with accepted professional standards.

 

(vv)     “Person” - The term “person” means a person real or legal, including a human being, and an artificial person, including government entity, non-governmental organization, association, corporation, limited liability company, limited liability partnership, partnership, or sole proprietorship.

 

(ww)    “Practice of Architecture”

 

(1)       The term “practice of architecture” as defined by 4 CMC § 3211(a)(2)(A) means the rendering or offering to render those services, hereinafter described, in connection with the design and construction, enlargement or alteration of a building or group of buildings and the space within and surrounding such buildings, which have as their principal purpose human occupancy or habitation; the service referred to include planning, providing preliminary studies, designs, drawings, specifications and other technical submissions, the administration of construction contracts, and the coordination of any elements of technical submissions prepared by others including, as appropriate and without limitation, consulting engineers and landscape architects; provided that the practice of architecture shall not include the practice of engineering as defined hereinafter.

 

(2)       A person is considered to practice or offer to practice architecture, within the meaning and intent of the law, who practices the profession of architecture or who, by verbal claim, sign, advertisement, letterhead, card or in any other way represents himself or herself to be an architect through the use of some other title, implies that he or she is an architect or that he or she is licensed or holds himself or herself out as able to perform or does perform any architectural service or work or any other service designated by the practitioner which is recognized as architecture.

 

(xx)     “Practice of Engineering”

 

(1)(i)   The term “practice of engineering” means any service or creative work, the adequate performance of which requires engineering education, training, and experience in the application of special knowledge of the mathematical, physical and engineering sciences to such services or creative work as consultation, investigation, expert technical testimony, evaluation, planning, design and design coordination of engineering works and systems, planning the use of land, air, and water, teaching of advanced engineering subjects, performing engineering surveys and studies, and the review and/or management of construction for the purpose of monitoring and/or ensuring compliance with drawings and specifications; any of which embraces such services or work; either public or private, in connection with any utilities, structures, buildings, machines, equipment, processes, work systems, projects, communication systems, transportation systems, and industrial or consumer products, or equipment of a control systems, communications, mechanical, electrical, hydraulic, pneumatic, chemical, environmental, thermal nature, insofar as they involve safeguarding life, health, or property, and including such other professional services as may be necessary to the planning, progress, and completion of any engineering services.

 

(ii)       Design coordination includes the review and coordination of those technical submissions prepared by others, including as appropriate and without limitation, consulting engineers, architects, landscape architects, surveyors, and other professionals working under the direction of the engineer.

 

(iii)      Engineering surveys include all survey activities required to support the sound conception, planning, design, construction, maintenance, and operation of engineered projects, but exclude the surveying of real property for the establishment of land boundaries, right-of-way, easements, and the dependent or independent surveys or re-surveys of the public land system.

 

(2)       A person is considered to practice or offer to practice engineering, within the meaning and intent of the law, who practices any branch of the profession of engineering or who, by verbal claim, sign, advertisement, letterhead, card or in any other way represents himself or herself to be a professional engineer or through the use of some other title, implies that he or she is a professional engineer or that he or she is licensed or holds himself or herself out as able to perform or who does perform any engineering service or work or any other service designated by the practitioner which is recognized as engineering.

 

(yy)     “Practice of Landscape Architecture”

 

(1)       The term “practice of landscape architecture” as defined by 4 CMC § 3211(e)(2)(A) means to perform professional services such as consultation, investigation, reconnaissance, research, design, preparation of drawings and specifications, and responsible supervision where the dominant purpose of such services is the preservation and enhancement of land uses and natural land features; the location and construction of aesthetically pleasing and functional approaches for structures, roadways, and walkways; and design for equestrian trails, plantings, landscape irrigation, landscape lighting, and landscape grading. This practice shall include the location, arrangements, and design of such tangible objects and features as are incidental and necessary to the purposes outlined herein. Nothing herein shall preclude a duly licensed landscape architect from planning the development of land areas and elements used thereon or from performing any of the services described in this section in connection with the settings, approaches, or environment for buildings, structures, or facilities. A licensed landscape architect shall not practice or offer to practice architecture or any branch of engineering.

 

(2)       A person is considered to practice or offer to practice landscape architecture, within the meaning and intent of the law, who practices the profession of landscape architecture or who, by verbal claim, sign, advertisement, letterhead, card or in any other way represents himself or herself to be a landscape architect or through the use of some other title, implies that he or she is a landscape architect or that he or she is licensed or holds himself or herself out as able to perform or who does perform any landscape architecture service or work or any other service designated by the practitioner which is recognized as landscape architecture.

 

(zz)      “Practice of Land Surveying”

 

(1)       The term “practice of land surveying” shall mean providing or offering to provide professional services using such services as mathematics, geodesy, and photogrammetry, and involving both:

 

(i)        The making of geometric measurements and gathering related information pertaining to the physical or legal features of the earth, improvements on the earth, the space above, on, or below the earth;

 

(ii)       Providing, utilizing, or developing the same into survey products such as graphics, data, maps, plans, reports, descriptions, or projects.

 

(2)       Professional services include acts of consultation, investigation, testimony evaluation, expert technical testimony, planning, mapping, assembling, and interpreting gathered measurements and information related to any one or more of the following:

 

(i)        Determining by measurement the configuration or contour of the earth’s surface or the position of fixed objects thereon.

 

(ii)       Determining by performing geodetic surveys the size and shape of the earth or the position of any point on the earth.

 

(iii)      Locating, relocating, establishing, reestablishing, or retracing property lines or boundaries of any tract of land, road, right-of-way, or easement.

 

(iv)      Making any survey for the division, subdivision, or consolidation of any tract(s) of land.

 

(v)       Locating or laying out alignments, positions, or elevations for the construction of fixed works.

 

(vi)      Determining, by the use of principles of surveying, the position for any survey monument (boundary or non-boundary) or reference point; establishing or replacing any such monument or reference point.

 

(vii)     Creating, preparing, or modifying electronic or computerized or other data, relative to the performance of the activities in the above described items (a) through (f).*

 

(3)       Any person is considered to practice or offer to practice land surveying with the meaning and intent of the law who engages in land surveying or who by verbal claim, sign, letterhead, card or in any other way represents himself or herself to be a land surveyor or who represents himself or herself as able to perform or who does perform any land surveying service or work or any other service designated by the practitioner which is recognized as land surveying.

 

(aaa)    “Probation” - A condition placed upon an individual’s practice that obligates they meet various conditions and further demonstrates that they have maintained a satisfactory performance in their practice over a specific period of time.

 

(bbb)   “Reprimand” - A formal criticism and/or admonishment directed to the licensee as a result of the violation noted.

 

(ccc)    “Responsible Charge” - The term “responsible charge” shall mean direct control and personal supervision of engineering, architecture, land surveying, or landscape architecture work by a licensed engineer, architect, land surveyor, or landscape architect.

 

(ddd)   “Revocation” - A termination of a license or certificate to practice. Such action should require that the licensee or corporation surrender any and all license and wallet card issued by the Board. In order for a licensee or corporation to reinstate a certificate and/or license that has been revoked, the licensee or corporation is required to apply as a new applicant.

 

(eee)    “Rules of Professional Conduct” - The term “Rules of Professional Conduct for Engineers, Architects, Land Surveyors and Landscape Architects” shall mean those rules promulgated by the Board for conduct of the practice of engineering, architecture, land surveying, and landscape architecture in the Commonwealth. [See NMIAC, title 125, chapter 20.2.]

 

(fff)     “Signature” - The term “signature” shall mean the reproducible original signing of one’s own name applied to a document that identifies the person, serves as a means of authentication of the contents of the document, provides responsibility for the creation of the document, and provides for accountability for the contents of the document. A facsimile or electronically digitized signature will not be acceptable. Rubber signature stamps shall not be acceptable.

 

(ggg)   “Specifications” - The term “specifications” shall mean the calling out of materials, equipment, standards, procedures, projects and methods to be used in the construction and alteration of buildings, structures, works, machines, processed,** land areas and projects.

 

**So in original.

 

(hhh)   “State” - The term “state” includes a United States of America state, territory, tribal land, commonwealth, the District of Columbia, and any other U.S. jurisdiction other than the U.S. government itself.

 

(iii)      “Structural Engineering” - That branch of engineering which deals with investigation, design, selection, and construction supervision of the fore-resisting and load-supporting members, of structures, such as foundation walls, columns, slabs, beams, girders, trusses, and similar members where such investigation, design, selection, and inspection requires a knowledge of engineering laws, formulae and practice, a knowledge of the physical properties of construction materials, and a knowledge of the methods used in their assembly or erection. Building where structure measures more than 45 feet in height or more than three stories high must be designed by a structural engineer.

 

(jjj)      “Suspension” - A suspension terminates a certificate and/or license privileges for a limited time. The certificate and/or license may be reinstated after the licensee or corporation fulfilled conditions imposed by the Board.

 

(kkk)   “Warning Letter” - A letter issued to a licensee or corporation based upon a threshold determination that unacceptable conduct has occurred. A warning letter can be used when it is determined that a suspension or revocation is not appropriate, but some level of criticism is needed.

 

* See Commission Comment.

 

Modified, 1 CMC § 3806(f), (g).

 

History: Amdts Adopted 34 Com. Reg. 32300 (Feb. 29, 2012); Amdts Proposed 33 Com. Reg. 32237 (Dec. 29, 2011); Amdts Adopted 29 Com. Reg. 27938 (Dec. 18, 2007); Amdts Emergency and Proposed 29 Com. Reg. 26605 (July 21, 2007); Amdts Adopted 24 Com. Reg. 19245 (May 20, 2002); Amdts Proposed 24 Com. Reg. 19025 (Feb. 28, 2002); Amdts Proposed 23 Com. Reg. 18345 (Sept. 24, 2001); Amdts Adopted 23 Com. Reg. 17620 (Jan. 19, 2001); Amdts Proposed 22 Com. Reg. 17501 (Oct. 20, 2000); Amdts Adopted 21 Com. Reg. 16567 (Feb. 18, 1999); Amdts Proposed 20 Com. Reg. 16219 (Oct. 15, 1998); Amdts Adopted 17 Com. Reg. 13577 (July 15, 1995); Amdts Proposed 17 Com. Reg. 13329 (May 15, 1995); Adopted 13 Com. Reg. 8414 (Nov. 15, 1991) (replacing all previous regulations in effect); Adopted 13 Com. Reg. 8183 (Oct. 15, 1991); Proposed 13 Com. Reg. 7752 (June 15, 1991).

 

Commission Comment: The original paragraphs of subsections (ww) through (zz) were not designated. The Commission designated subsections (ww)(1) and (2), (xx)(1) and (2), (yy)(1) and (2), and (zz)(1) and (2).

 

The 1995 amendments added new subsections (b), (r), and (ll), and amended former subsections (g) and (ee). The 1999 amendments added thirteen new definitions, deleted former subsections (m), (y), (ss) and (tt), re-designated the subsections accordingly, and readopted this section with numerous amendments. The 2001 amendments deleted former subsections (m), (t), (bb), (ss), and (tt), added new subsection (z), and amended former subsections (c), (d), (i), (m), (o), (q), (t), (ff), (gg), (ll), (pp), (qq)(1) and (2), (rr)(1) and (2), (ss)(1) and (2), (tt)(1) and (2), (yy) and (zz). The 2002 amendments amended former subsection (m). The 2007 amendments amended subsections (xx), (zz), and (fff). The 2012 amendments added subsections (i), (y), (kk), (ll), (mm), and (hhh); amended subsection (vv); and re-designated the remaining subsections accordingly.

 

The Commission inserted quotation marks around terms defined.

 

The Commission removed an extraneous quotation mark from subsection (i) and corrected the word “approve” to “approved” in subsection (kk) pursuant to 1 CMC § 3806(g).

 

The Commission inserted commas after the words “surveying” in subsection (n); “association” in subsection (w); “filing” in subsection (y); “officers” in subsection (bb); “inquiry” and “aesthetic” in subsection (ee); “territory” and “surveyors” in subsection (ff); “certified” in subsection (kk); “certified” in subsection (ll); “operation,” “systems,” and “design” in subsection (oo); “operation” in subsection (rr); “health” in subsection (xx)(1)(i); “surveying” and “surveyor” in subsection (ccc); and “surveying” in subsection (eee) pursuant to 1 CMC § 3806(g).

 

Subsection (jj) was omitted from the 2007 proposed regulation, but was not noted as repealed. The Commission retained the provision in the Code.

 

Subsection (zz) refers to “the above described items (a) through (f).” No such items were listed in the original regulation.

 

Part 100 -       Applications

 

§ 125-20.1-101           Filing of Applications

 

(a)       All applications filed with the Board shall be complete, filed on the forms prepared by the Board and prepared in accordance with and contain all the information called for on the form.

 

(b)       Information on the application form must be typed or neatly lettered in ink. When space available on a form is not adequate to contain all the information required, supplementary sheets of 8 ½ x 11 or 8 ½ x 14, white paper shall be used.

 

(c)       To allow time for the Board to process the application for examination, receive verification of required information and order examination booklets, application must be filed with the Board at least ninety days prior to the examination date established by NCEES, NCARB or CBRPELS.

 

(d)       Information on the application form must account for all time that has elapsed since the date of the applicant’s firm employment. If the applicant was not employed in another type of work for a period of time, that must be indicated in the applicant’s experience record.

 

(e)       Council record submitted to the Board by NCEES or NCARB shall be accepted in lieu to the information required on the application furnished by the Board. Application must still be signed and notarized under oath and a photograph attached, as required under section 19 of the application.

 

(f)        All applications shall be accompanied by one endorsed passport-size photograph of the applicant. The photograph may be either black and white or color, not retouched, full-face taken within 30 days of the date of the application. Signature must be affixed on the lower right hand corner of the photograph.

 

(g)       Applications submitted to the Board shall be signed and attested before a notary public.

 

(h)       The withholding of information, misrepresentation of fact, or attesting to untrue statements shall be grounds for the denial or revocation of an application or license.

 

(i)        It is the responsibility of the applicant for all documents, references, certificates, and/or diplomas as required, to be submitted on time to the Board.

 

Modified, 1 CMC § 3806(e), (f).

 

History: Amdts Adopted 29 Com. Reg. 27938 (Dec. 18, 2007); Amdts Emergency and Proposed 29 Com. Reg. 26605 (July 21, 2007); Amdts Adopted 23 Com. Reg. 17620 (Jan. 19, 2001); Amdts Proposed 22 Com. Reg. 17501 (Oct. 20, 2000); Amdts Adopted 21 Com. Reg. 16567 (Feb. 18, 1999); Amdts Proposed 20 Com. Reg. 16219 (Oct. 15, 1998); Amdts Adopted 17 Com. Reg. 13577 (July 15, 1995); Amdts Proposed 17 Com. Reg. 13329 (May 15, 1995); Adopted 13 Com. Reg. 8414 (Nov. 15, 1991) (replacing all previous regulations in effect); Adopted 13 Com. Reg. 8183 (Oct. 15, 1991); Proposed 13 Com. Reg. 7752 (June 15, 1991).

 

Commission Comment: The 1999 amendments moved subsection (a) from former § 3.2, moved subsections (b), (c), (d), (f), (g), (h) and (i) from former § 3.3(a), (b), (c), (f), (g), (h) and (i), respectively, added new subsection (e) and amended subsections (b), (c), and (d). See 17 Com. Reg. at 13339 (May 15, 1995). The 2001 amendments amended subsections (e), (f) and (h). The 2007 amendments amended subsection (f).

 

The Commission inserted commas after the words “fact” in subsection (h) and “certificates” in subsection (i) pursuant to 1 CMC § 3806(g).

 

§ 125-20.1-105 Kinds of Applications

 

(a)       Applicants for licensure as an engineer intern or land surveyor intern shall be accepted from individuals who believe they are qualified by education end/or experience, and have taken and passed the Fundamentals of Engineering (FE) or the Fundamentals of Land Surveying (F/S) Examination.

 

(b)       Those who are senior students in an engineering school or college approved by the Board, leading to a baccalaureate degree may apply to take the fundamentals examination during their senior year. Applicant’s senior status must be verified directly by the college. If and when the applicant passes the FE exam, he/she needs to provide the Board an official transcript directly from the college indicating the award of their degree in order to get their engineer intern license.

 

(c)       Applications for licensure as a professional engineer, architect, land surveyor, or landscape architect shall be accepted from individuals who believe they are qualified by education and/or experience and examination, in accordance with requirements of the laws of the Commonwealth, to be licensed to practice their profession in the Commonwealth.

 

Modified, 1 CMC § 3806(f).

 

History: Amdts Adopted 34 Com. Reg. 32300 (Feb. 29, 2012); Amdts Proposed 33 Com. Reg. 32237 (Dec. 29, 2011); Amdts Adopted 29 Com. Reg. 27938 (Dec. 18, 2007); Amdts Emergency and Proposed 29 Com. Reg. 26605 (July 21, 2007); Amdts Adopted 23 Com. Reg. 17620 (Jan. 19, 2001); Amdts Proposed 22 Com. Reg. 17501 (Oct. 20, 2000); Amdts Adopted 21 Com. Reg. 16567 (Feb. 18, 1999); Amdts Proposed 20 Com. Reg. 16219 (Oct. 15, 1998); Amdts Adopted 17 Com. Reg. 13577 (July 15, 1995); Amdts Proposed 17 Com. Reg. 13329 (May 15, 1995); Adopted 13 Com. Reg. 8414 (Nov. 15, 1991) (replacing all previous regulations in effect); Adopted 13 Com. Reg. 8183 (Oct. 15, 1991); Proposed 13 Com. Reg. 7752 (June 15, 1991).

 

Commission Comment: The 1999 amendments moved subsections (a) and (c) from former § 3.1(a) and (b), added new subsection (b), moved subsection (d) from former § 5.6 and amended subsections (a), (c), and (d). See 17 Com. Reg. 13339, 13348 (May 15, 1995). The 2007 amendments amended subsection (b). The 2012 amendments repealed former subsection (d).

 

The Commission corrected the spelling of the words “passes” and “needs” in subsection (b) pursuant to 1 CMC § 3806(g). The Commission inserted a comma after the word “surveyor” in subsection (c) pursuant to 1 CMC § 3806(g).

 

§ 125-20.1-110           Licensure by Endorsement

 

(a)       The Board may grant a license to a person to practice as an engineer, architect, land surveyor, or landscape architect without examination if:

 

(1)       The person holds a valid, active license to practice as an engineer, architect, land surveyor, or landscape architect in another jurisdiction; and

 

(2)       The requirements in the jurisdiction of licensure are at least as stringent as those under the law and these regulations.

 

(b)       The Board may deny a license by endorsement to a person to practice as an engineer, architect, land surveyor, or landscape architect if the person has been the subject of an adverse action in which his/her license was suspended, revoked, placed on probation, conditioned or renewal denied.

 

History: Amdts Adopted 34 Com. Reg. 32300 (Feb. 29, 2012); Amdts Proposed 33 Com. Reg. 32237 (Dec. 29, 2011); Amdts Adopted 23 Com. Reg. 17620 (Jan. 19, 2001); Amdts Proposed 22 Com. Reg. 17501 (Oct. 20, 2000); Amdts Adopted 21 Com. Reg. 16567 (Feb. 18, 1999); Amdts Proposed 20 Com. Reg. 16219 (Oct. 15, 1998); Amdts Adopted 17 Com. Reg. 13577 (July 15, 1995); Amdts Proposed 17 Com. Reg. 13329 (May 15, 1995); Adopted 13 Com. Reg. 8414 (Nov. 15, 1991) (replacing all previous regulations in effect); Adopted 13 Com. Reg. 8183 (Oct. 15, 1991); Proposed 13 Com. Reg. 7752 (June 15, 1991).

 

Commission Comment: The 1999 amendments moved this section from former § 3.12 and amended subsections (a), (a)(2), and (b). See 17 Com. Reg. at 13341 (May 15, 1995). The 2001 amendments amended subsection (a)(2). The 2012 amendments repealed the former section (entitled “Supporting Documents”) and replaced it with a new section (“Licensure by Endorsement”).

 

§ 125-20.1-115           Foreign Education and Experience

 

(a)       All documents submitted in a foreign language shall be accompanied by an accurate translation in English. Each translated document shall bear the affidavit of the translator certifying that the translator is competent in both the language of the document and the English language and that the translation is a true and complete translation of the foreign language original, and sworn to before a notary public. Translation of any document relative to a person’s application shall be at the expense of the applicant.

 

(b)       Applicants who for political or other valid reasons are unable to obtain the required education or experience documents or verifications shall complete and submit to the Board a supplementary application form approved by NCEES or NCARB as appropriate.

 

(c)       All applicants must be able to speak, read, and write in the English language as a requirement for licensing.

 

History: Amdts Adopted 29 Com. Reg. 27938 (Dec. 18, 2007); Amdts Emergency and Proposed 29 Com. Reg. 26605 (July 21, 2007); Amdts Adopted 23 Com. Reg. 17620 (Jan. 19, 2001); Amdts Proposed 22 Com. Reg. 17501 (Oct. 20, 2000); Amdts Adopted 21 Com. Reg. 16567 (Feb. 18, 1999); Amdts Proposed 20 Com. Reg. 16219 (Oct. 15, 1998); Amdts Adopted 17 Com. Reg. 13577 (July 15, 1995); Amdts Proposed 17 Com. Reg. 13329 (May 15, 1995); Adopted 13 Com. Reg. 8414 (Nov. 15, 1991) (replacing all previous regulations in effect); Adopted 13 Com. Reg. 8183 (Oct. 15, 1991); Proposed 13 Com. Reg. 7752 (June 15, 1991).

 

Commission Comment: The 1999 amendments moved this section from former § 3.15, amended subsections (b) and (c), and deleted former subsection (d). See 17 Com. Reg. at 13343 (May 15, 1995). The 2007 amendments amended subsection (a).

 

Commission Comment: The Commission inserted a comma after the word “read” in subsection (c) pursuant to 1 CMC § 3806(g).

 

§ 125-20.1-120           Interview

 

An applicant for examination or licensure shall appear before the Board for a personal interview, if necessary.

 

History: Amdts Adopted 23 Com. Reg. 17620 (Jan. 19, 2001); Amdts Proposed 22 Com. Reg. 17501 (Oct. 20, 2000); Amdts Adopted 21 Com. Reg. 16567 (Feb. 18, 1999); Amdts Proposed 20 Com. Reg. 16219 (Oct. 15, 1998); Amdts Adopted 17 Com. Reg. 13577 (July 15, 1995); Amdts Proposed 17 Com. Reg. 13329 (May 15, 1995); Adopted 13 Com. Reg. 8414 (Nov. 15, 1991) (replacing all previous regulations in effect); Adopted 13 Com. Reg. 8183 (Oct. 15, 1991); Proposed 13 Com. Reg. 7752 (June 15, 1991).

 

Commission Comment: The 1999 amendments moved this section from former § 5.5 with amendments. See 17 Com. Reg. at 13348 (May 15, 1995).

 

§ 125-20.1-125           Reconsideration of Disapproved Application

 

An applicant whose application for a license has been disapproved by the Board may petition the Board for reconsideration of that disapproval only upon the following terms and conditions:

 

(a)       The petition for reconsideration shall be in the form of a letter, with attachments as necessary to provide documentation of the petitioner’s reason for reconsideration where appropriate, filed with the Board within thirty days of the date of the notice of disapproval.

 

(b)       A reconsideration shall be limited only to those cases where the petitioner demonstrates in his/her letter that the Board’s disapproval should be reconsidered for one or more of the following reasons:

 

(1)       Mistake of fact or law;

 

(2)       New evidence effective on or before date of application which by due diligence could not have been submitted by the applicant before notice of disapproval;

 

(3)       Any other evidence or reason justifying a petition for reconsideration.

 

(c)       Only one petition for reconsideration shall be accepted by the Board.

 

(d)       Upon receipt of the applicant’s petition and accompanying documentation under the reasons set forth above, the Board in its discretion, may reconsider its disapproval and notify the applicant of its decision in writing.

 

Modified, 1 CMC § 3806(e), (f).

 

History: Amdts Adopted 23 Com. Reg. 17620 (Jan. 19, 2001); Amdts Proposed 22 Com. Reg. 17501 (Oct. 20, 2000); Amdts Adopted 21 Com. Reg. 16567 (Feb. 18, 1999); Amdts Proposed 20 Com. Reg. 16219 (Oct. 15, 1998); Amdts Adopted 17 Com. Reg. 13577 (July 15, 1995); Amdts Proposed 17 Com. Reg. 13329 (May 15, 1995); Adopted 13 Com. Reg. 8414 (Nov. 15, 1991) (replacing all previous regulations in effect); Adopted 13 Com. Reg. 8183 (Oct. 15, 1991); Proposed 13 Com. Reg. 7752 (June 15, 1991).

 

Commission Comment: The 1995 amendments re-designated this section from former part XVIII to part XIX § 19.1. The 1999 amendments moved this section from former § 19.1 and amended subsection (a)(1). See 17 Com. Reg. at 13374 (May 15, 1995). The 2001 amendments amended the opening paragraph.

 

Part 200 -       Fees

 

§ 125-20.1-201           Method of Payment

 

Payment of fees shall be made by personal check, money order, cashier’s check, traveler’s check, or cash. Checks shall be made payable to “CNMI Treasurer” and may be accepted by the Board Office. Cash payment for fees must be made at the CNMI Treasurer’s office.

 

History: Amdts Adopted 23 Com. Reg. 17620 (Jan. 19, 2001); Amdts Proposed 22 Com. Reg. 17501 (Oct. 20, 2000); Amdts Adopted 21 Com. Reg. 16567 (Feb. 18, 1999); Amdts Proposed 20 Com. Reg. 16219 (Oct. 15, 1998); Amdts Adopted 17 Com. Reg. 13577 (July 15, 1995); Amdts Proposed 17 Com. Reg. 13329 (May 15, 1995); Adopted 13 Com. Reg. 8414 (Nov. 15, 1991) (replacing all previous regulations in effect); Adopted 13 Com. Reg. 8183 (Oct. 15, 1991); Proposed 13 Com. Reg. 7752 (June 15, 1991).

 

Commission Comment: The Commission inserted a comma after the word “check” pursuant to 1 CMC § 3806(g).

 

§ 125-20.1-205           Application Fees

 

The receipt issued by the Treasurer upon payment of the application fee shall be attached to the application when submitted to the Board office. Applications will not be processed until the fee has been paid. Application fees are non-refundable.

 

History: Amdts Adopted 23 Com. Reg. 17620 (Jan. 19, 2001); Amdts Proposed 22 Com. Reg. 17501 (Oct. 20, 2000); Amdts Adopted 21 Com. Reg. 16567 (Feb. 18, 1999); Amdts Proposed 20 Com. Reg. 16219 (Oct. 15, 1998); Amdts Adopted 17 Com. Reg. 13577 (July 15, 1995); Amdts Proposed 17 Com. Reg. 13329 (May 15, 1995); Adopted 13 Com. Reg. 8414 (Nov. 15, 1991) (replacing all previous regulations in effect); Adopted 13 Com. Reg. 8183 (Oct. 15, 1991); Proposed 13 Com. Reg. 7752 (June 15, 1991).

 

§ 125-20.1-210           Examination Fees

 

The receipt issued by the Treasurer upon payment of the examination application fee shall be attached to the application when submitted to the Board office. Examination application fees are non-refundable. Applicants who fail to appear for an examination without an excuse acceptable to the Board shall forfeit the examination fee. The applicant shall pay a new examination fee for any subsequent examination for which he or she applies.

 

History: Amdts Adopted 23 Com. Reg. 17620 (Jan. 19, 2001); Amdts Proposed 22 Com. Reg. 17501 (Oct. 20, 2000); Amdts Adopted 21 Com. Reg. 16567 (Feb. 18, 1999); Amdts Proposed 20 Com. Reg. 16219 (Oct. 15, 1998); Amdts Adopted 17 Com. Reg. 13577 (July 15, 1995); Amdts Proposed 17 Com. Reg. 13329 (May 15, 1995); Adopted 13 Com. Reg. 8414 (Nov. 15, 1991) (replacing all previous regulations in effect); Adopted 13 Com. Reg. 8183 (Oct. 15, 1991); Proposed 13 Com. Reg. 7752 (June 15, 1991).

 

§ 125-20.1-212           Dishonored Checks

 

The dishonoring of any check upon first deposit shall be considered a failure to meet requirements.

 

History: Adopted 29 Com. Reg. 27938 (Dec. 18, 2007); Emergency and Proposed 29 Com. Reg. 26605 (July 21, 2007).

 

Commission Comment: This section appears for the first time as section 4.4 of the 2007 proposed regulations. However, the Notice of Proposed Amendments and Notice of Adoption do not list it as a new or amended section. See 29 Com. Reg. at 26625-26626.

 

§ 125-20.1-215           Renewal Fees

 

(a)       License renewal fees must be paid on or before the license expiration date to avoid assessment of a delinquent fee.

 

(b)       Licensees whose fees are received after the renewal date shall be assessed a renewal fee and a delinquent fee for every month the licensee’s fees are not received.

 

History: Amdts Adopted 23 Com. Reg. 17620 (Jan. 19, 2001); Amdts Proposed 22 Com. Reg. 17501 (Oct. 20, 2000); Amdts Adopted 21 Com. Reg. 16567 (Feb. 18, 1999); Amdts Proposed 20 Com. Reg. 16219 (Oct. 15, 1998); Amdts Adopted 18 Com. Reg. 14078 (Apr. 15, 1996); Amdts Proposed 18 Com. Reg. 14018 (Feb. 15, 1996); Amdts Proposed 17 Com. Reg. 13911 (Dec. 15, 1995); Amdts Adopted 17 Com. Reg. 13577 (July 15, 1995); Amdts Proposed 17 Com. Reg. 13329 (May 15, 1995).

 

Commission Comment: The 1996 and 1999 amendments amended subsection (b).

 

§ 125-20.1-220           Schedule of Fees

 

(a)       Application fees:

(1)

Initial Application

$100.00

(2)

Re-consideration Application

$100.00

(3)

Certificate of Authorization Application

$100.00

(4)

Application for Examination

$100.00

 

 

(b)       Examination fees:

(1)

Fundamentals of Engineering (FE)

$150.00

(2)

Principles and Practice of Engineering (PE)

$180.00

(3)

Special Civil Seismic Education

$300.00

(4)

Structural I

$180.00

(5)

Structural II

$450.00

(6)

Fundamentals of Land Surveying (FLS)

$180.00

(7)

CNMI Land Matters Exam

$50.00

(8)

Proctoring Fees

$150.00

(9)

NCARB ARE

Follow all NCARB’s fee schedule for all divisions.

 

 

(c)       Licensure fees:

(1)

E.I.T./L.S.I.T. License

$100.00

(2)

Initial License

$200.00

(3)

Certificate of Authorization

$200.00

(4)

Temporary License

$250.00

(5)

Inactive License

$100.00

 

 

(d)       Renewal Fees:

(1)

Bi-Annual (Individual)

$200.00

(2)

Delinquent (each month)

$25.00

(3)

Certificate of Authority

$200.00

(4)

Delinquent (each month)

$25.00

(5)

Replacement/Duplication of License

$75.00

(6)

Replacement/Duplication of wallet-size card

$25.00

 

 

(e)       These examination fees will automatically change without notice once NCEES, NCARB, CBRPELS or their examination vendor raise fees.

 

Modified, 1 CMC § 3806(f).

 

History: Amdts Adopted 34 Com. Reg. 32300 (Feb. 29, 2012); Amdts Proposed 33 Com. Reg. 32237 (Dec. 29, 2011); Amdts Adopted 29 Com. Reg. 27938 (Dec. 18, 2007); Amdts Emergency and Proposed 29 Com. Reg. 26605 (July 21, 2007); Amdts Adopted 24 Com. Reg. 19245 (May 20, 2002); Amdts Proposed 24 Com. Reg. 19025 (Feb. 28, 2002); Amdts Proposed 23 Com. Reg. 18345 (Sept. 24, 2001); Amdts Adopted 23 Com. Reg. 17620 (Jan. 19, 2001); Amdts Proposed 22 Com. Reg. 17501 (Oct. 20, 2000); Amdts Adopted 21 Com. Reg. 16567 (Feb. 18, 1999); Amdts Proposed 20 Com. Reg. 16219 (Oct. 15, 1998); Amdts Adopted 17 Com. Reg. 13577 (July 15, 1995); Amdts Proposed 17 Com. Reg. 13329 (May 15, 1995); Adopted 13 Com. Reg. 8414 (Nov. 15, 1991) (replacing all previous regulations in effect); Adopted 13 Com. Reg. 8183 (Oct. 15, 1991); Proposed 13 Com. Reg. 7752 (June 15, 1991).

 

Commission Comment: The original paragraphs were not designated. The Commission designated subsections (a) through (e). The Commission inserted dollar signs before all monetary figures.

 

The 1999 amendments readopted this section with numerous amendments. The notice of adoption for the 1999 amendments changed the proposed language of subsection (b). The 2001 amendments added subsection (b)(9) and amended subsections (a)(3), (a)(4), (b)(3), (b)(5) through (b)(7), (c)(3), (c)(4), (d)(1), (d)(3) and (e). The 2002 amendments amended subsections (a)(1), (a)(3), (c)(2), (c)(3) and (d)(3). The 2007 amendments amended subsections (b)(1) through (b)(4), (b)(6), (b)(9), and (c)(4). The 2012 amendments added subsection (c)(5), struck former subsection (d)(5), and inserted new subsection (d)(6).

 

Part 300 -       Qualifications for Licensure

 

§ 125-20.1-301           Qualifications for Licensure

 

No person shall be eligible for licensure as an engineer, architect, land surveyor, or landscape architect unless such person meets the following requirements:

 

(a)       Be at least 21 years of age;

 

(b)       Be a U.S. citizen, or a foreign national and lawfully entitled to remain and work in the Commonwealth;

 

(c)       Has met all the education, examination, and experience qualifications as required by law and the regulations;

 

(d)       Be of good moral character; and shall not have been convicted in any jurisdiction of a crime of moral turpitude or a crime related to the person’s profession; and

 

(e)       Fully and honestly provide the information to the Board required for the Board’s decision.

 

History: Amdts Adopted 34 Com. Reg. 32300 (Feb. 29, 2012); Amdts Proposed 33 Com. Reg. 32237 (Dec. 29, 2011); Amdts Adopted 29 Com. Reg. 27938 (Dec. 18, 2007); Amdts Emergency and Proposed 29 Com. Reg. 26605 (July 21, 2007); Amdts Adopted 23 Com. Reg. 17620 (Jan. 19, 2001); Amdts Proposed 22 Com. Reg. 17501 (Oct. 20, 2000); Amdts Adopted 21 Com. Reg. 16567 (Feb. 18, 1999); Amdts Proposed 20 Com. Reg. 16219 (Oct. 15, 1998); Amdts Adopted 17 Com. Reg. 13577 (July 15, 1995); Amdts Proposed 17 Com. Reg. 13329 (May 15, 1995); Adopted 13 Com. Reg. 8414 (Nov. 15, 1991) (replacing all previous regulations in effect); Adopted 13 Com. Reg. 8183 (Oct. 15, 1991); Proposed 13 Com. Reg. 7752 (June 15, 1991).

 

Commission Comment: The 2011 Notice of Proposed Amendments stated, “Delete Section 5.1 of the Regulations for Engineers, Architects, Land Surveyors and Landscape Architects or Section 125-20.1-301 of 125-20.1,NMIAC Title 125 and replace with the following[.]” See 33 Com. Reg. at 32244 (Dec. 29, 2011). This section followed. It bears the same title as section 125-20.1-305 and covers a similar topic. The Notice of Adoption did not make any changes to the proposed amendments. Therefore, the Commission has codified this section as described in the 2012 amendments.

 

Prior to the 2012 amendments, this section was titled “Character and Reputation,” and read, “All applicants shall possess a reputation for honesty, trustworthiness, fairness, good financial integrity and is of good moral and ethical character.”

 

The 2012 amendments changed the name of Part 300 from “Requirements for Licensure” to “Qualifications for Licensure.”

 

§ 125-20.1-305           Qualifications for Licensure

 

No person shall be eligible for licensure as an engineer, architect, land surveyor, or landscape architect unless such person has met the education, experience, and examination qualifications as required by law. The following shall be considered as minimum evidence satisfactory to the Board that the application is qualified for licensure:

 

(a)       Engineering

 

(1)       Engineer Intern (EIT)

 

(i)        Applicant graduated from a university/college accredited by ABET or CEAB with four years of engineering curriculum and has taken and passed the Fundamentals of Engineering Examination; or

 

(ii)       Applicant graduated from a university/college not accredited by ABET or CEAB with four years of engineering curriculum, has four years of progressive engineering experience satisfactory to the Board and has also passed the Fundamentals of Engineering Examination; or

 

(iii)      Applicant has eight years of progressive engineering experience and has also successfully passed the Fundamentals of Engineering Examination.

 

(2)       Professional Engineer (PE)

 

(i)        Applicant holds a master’s degree in engineering from an institution of higher learning accredited by ABET or CEAB, and has completed two years of progressive engineering experience satisfactory to the Board, at least one year of which shall have been under the supervision of a licensed engineer in the same branch of engineering for which licensing is desired, and has also successfully passed both the Fundamentals of Engineering Examination and the Principles and Practice of Engineering Examination for the engineering branch applying for; or

 

(ii)       Applicant is a graduate of an engineering curriculum of four years or more in a college accredited by ABET or CEAB and has completed four years of progressive engineering experience satisfactory to the Board, at least one year of which shall have been under the supervision of a licensed engineer in the same branch of engineering for which licensure is desired, and has also passed both the Fundamentals of Engineering Examination and the Principles and Practice of Engineering Examination for the engineering branch applying for; or

 

(iii)      Applicant is a graduate of an engineering curriculum of four years or more in a college not accredited by ABET or CEAB and has completed eight years of progressive engineering experience satisfactory to the Board, at least two years of which shall have been under the supervision of a licensed engineer in the same branch of engineering for which licensure is desired, and has also successfully passed both the Fundamentals of Engineering Examination and the Principles and Practice of Engineering Examination for the engineering branch applying for; or

 

(iv)      Applicant has twelve years of progressive engineering experience satisfactory to the Board, at least two years of which shall have been under the supervision of a licensed engineer in the same branch of engineering for which licensure is desired, and has also successfully passed both the Fundamentals of Engineering Examination and the Principles and Practice of Engineering Examination for the engineering branch applying for.

 

(b)       Architecture

 

(1)       Architect:

 

(i)        Applicant holds a master’s degree in architecture from an institution of higher education accredited by NAB or CACB, and has at least one year of progressive experience in architectural work satisfactory to the Board, which shall have been under the supervision of a licensed architect, and has also successfully passed the Architect Registration Examination (ARE); or

 

(ii)       Applicant is a graduate of an architectural curriculum of five years or more in a college accredited by NAAB or CACB, and has completed two years of progressive experience in architectural work satisfactory to the Board, at least one year of which shall have been under the supervision of a licensed architect, and has also successfully passed the Architect Registration Examination; or

 

(iii)      Applicant is a graduate of an architectural curriculum of four years or more in a college not accredited by NAAB or CACB, and has completed eight years of progressive experience in architectural work satisfactory to the Board, at least two years of which shall have been under the supervision of a licensed architect, and has also successfully passed the Architect Registration Examination; or

 

(iv)      Applicant has had twelve years of progressive experience in architectural work satisfactory to the Board, at least two years of which shall have been under the supervision of a licensed architect, and has also successfully passed the Architect Registration Examination.

 

(c)       Land Surveying

 

(1)       Surveyor Intern (SI)

 

(i)        Applicant is a graduate of a college accredited by ABET or CEAB and has completed a general engineering curriculum of four years or more, with emphasis in land surveying and has also successfully passed the Fundamentals in Land Surveying Examination; or

 

(ii)       Applicant is a graduate of a community college approved by the Board and has completed a civil engineering or surveying curriculum of two years or more, has four years of progressive experience in land surveying work satisfactory to the Board, and has also successfully passed the Fundamentals of Land Surveying Examination; or

 

(iii)      Applicant has eight years of progressive experience in land surveying work satisfactory to the Board, and has also successfully passed the Fundamentals of Land Surveying Examination; or*

 

(2)       Professional Land Surveyor (PLS):

 

(i)        Applicant is a graduate of a college accredited by ABET or CEAB and has completed a general engineering curriculum of four years or more, with emphasis in land surveying, and has completed four years of progressive experience in land surveying work satisfactory to the Board, at least one year of which shall have been under the supervision of a licensed land surveyor, and has also successfully passed both the Fundamentals of Surveyor Examination and the Principles and Practice of Land Surveying Examination; or

 

(ii)       Applicant is a graduate of a college not accredited by ABET or CEAB, has completed a civil engineering or surveying curriculum of two years or more, has completed eight years of progressive experience in land surveying work satisfactory to the Board, at least two years of which shall have been under the supervision of a licensed land surveyor, and has also successfully passed both the Fundamentals of Surveyor Examination and the Principles and Practice of Land Surveying Examination; or

 

(iii)      Applicant has had twelve years of progressive experience in land surveying work satisfactory to the Board, at least two years of which shall have been under the supervision of a licensed land surveyor, and has also successfully passed both the Fundamentals of Surveyor Examination and the Principles and Practice of Land Surveying Examination.

 

(d)       Landscape Architecture

 

(1)       Landscape Architect:

 

(i)        Applicant graduated from a university/college accredited by LAAB with four years of landscape architectural curriculum, has four years of progressive experience in landscape architectural work satisfactory to the Board, at least one year of which shall have been under the supervision of a licensed landscape architect, and has also successfully passed the Uniform National Examination (UNE); or

 

(ii)       Applicant graduated from a university/college not accredited by LAAB with four years of landscape architectural curriculum, and has completed eight years of progressive experience in landscape architectural work satisfactory to the Board, at least two years of which shall have been under the supervision of a licensed landscape architect, and has also successfully passed the Uniform National Examination; or

 

(iii)      Applicant has had twelve years of progressive experience in landscape architecture work satisfactory to the Board, at least two years of which shall have been under the supervision of a licensed landscape architect, and has also successfully passed the Uniform National Examination.

 

* So in original.

 

Modified, 1 CMC § 3806(e).

 

History: Amdts Adopted 29 Com. Reg. 27938 (Dec. 18, 2007); Amdts Emergency and Proposed 29 Com. Reg. 26605 (July 21, 2007); Amdts Adopted 23 Com. Reg. 17620 (Jan. 19, 2001); Amdts Proposed 22 Com. Reg. 17501 (Oct. 20, 2000); Amdts Adopted 21 Com. Reg. 16567 (Feb. 18, 1999); Amdts Proposed 20 Com. Reg. 16219 (Oct. 15, 1998); Amdts Adopted 17 Com. Reg. 13577 (July 15, 1995); Amdts Proposed 17 Com. Reg. 13329 (May 15, 1995); Adopted 13 Com. Reg. 8414 (Nov. 15, 1991) (replacing all previous regulations in effect); Adopted 13 Com. Reg. 8183 (Oct. 15, 1991); Proposed 13 Com. Reg. 7752 (June 15, 1991).

 

Commission Comment: The 1999 amendments took parts of this section from former §§ 5.2, 5.3, and 5.4, with extensive amendments. See 17 Com. Reg. at 13345-46 (May 15, 1995). The 2007 amendments added the initial paragraph and amended subsections (a)(1)(ii), (a)(1)(iii), (a)(2)(i) through (a)(2)(iv), (b)(1)(i) through (b)(1)(iv), (c)(1)(ii), (c)(1)(iii), (c)(2)(i) through (c)(2)(iii), and (d)(1)(i) through (d)(1)(iii).

 

Commission Comment: The Commission inserted commas after the words “experience” in the initial paragraph and “Board” in subsection (a)(1)(ii) pursuant to 1 CMC § 3806(g). The Commission corrected the spelling of “passed” in subsection (c)(1)(i)

 

For information regarding the section’s title, see the Commission Comment to section 125-20.1-301.

 

 

 

§ 125-20.1-310           Engineering Technology Degrees

 

An approved four-year Bachelor of Technology (B.T.) engineering curriculum is not considered equal to an approved Bachelor of Science engineering curriculum.

 

History: Amdts Adopted 23 Com. Reg. 17620 (Jan. 19, 2001); Amdts Proposed 22 Com. Reg. 17501 (Oct. 20, 2000).

 

Commission Comment: The 2001 amendments added this section and re-designated the remaining sections in this part accordingly.

 

§ 125-20.1-315           Applicants with Degrees from Foreign Schools

 

Applicants who are graduates of a foreign college or university may have their college/university certified documents evaluated by an educational evaluation service approved by the Board, equating the degree toward a comparable U.S. degree. The Board has the discretion to approve the transcript evaluation or not. Any cost of evaluation shall be the responsibility of the applicant.

 

History: Amdts Adopted 23 Com. Reg. 17620 (Jan. 19, 2001); Amdts Proposed 22 Com. Reg. 17501 (Oct. 20, 2000); Amdts Adopted 21 Com. Reg. 16567 (Feb. 18, 1999); Amdts Proposed 20 Com. Reg. 16219 (Oct. 15, 1998).

 

§ 125-20.1-320           Experience

 

In evaluating experience which indicates to the Board that the applicant may be competent to practice engineering, architecture, land surveying, or landscape architecture, the following will be considered:

 

(a)       Field and office training under the supervision of licensed engineers, architects, land surveyors, or landscape architects.

 

(b)       Experience must be progressive on engineering, architecture, land surveying and landscape architecture projects to indicate that it is of increasing quality and requiring greater responsibility.

 

(c)       Only lawful experience of an* engineering, architectural, land surveying, or landscape architecture, as the case may be, which follows graduation is creditable.

 

(d)       Experience must not be obtained in violation of the statute, regulations, or rules of professional conduct.

 

(e)       Experience gained in the armed services, to be creditable, must be of a character equivalent to that which would have been gained in the civilian section doing similar work.

 

(f)        Teaching experience to be creditable must be at an advanced level in a college or university offering an engineering, architectural, land surveying or landscape architecture curriculum, as the case may be, of four years or more that is approved by the Board.

 

(g)       Experience gained in engineering research and design projects by members of an engineering faculty where the curriculum is approved by the Board is creditable.

 

(h)       Successful completion of graduate study leading to a master’s degree in engineering following a baccalaureate degree in engineering is creditable for one year experience. If a Ph.D. in engineering is completed under the same conditions, a total of two years of experience is creditable. The two years credit includes the one year credited for the master’s degree. If the Ph.D. is obtained without a master’s degree or with a master’s degree in a non-engineering curriculum, the total creditable experience may be up to two years.

 

(i)        Land surveyors are required that a substantial portion of their experience be spent in charge of work related to property conveyance and/or boundary line determination and, that they demonstrate adequate experience in the technical field aspects of the profession.

 

(j)        Experience as a contractor in the execution of work designed by an engineer, architect or landscape architect or in employment considered as supervision of construction of such work shall not be considered as creditable experience.

 

(k)       Experience may not be anticipated. The experience must have been gained by the time of the application.

 

* So in original.

 

Modified, 1 CMC § 3806(e), (f).

 

History: Amdts Adopted 29 Com. Reg. 27938 (Dec. 18, 2007); Amdts Emergency and Proposed 29 Com. Reg. 26605 (July 21, 2007); Amdts Adopted 23 Com. Reg. 17620 (Jan. 19, 2001); Amdts Proposed 22 Com. Reg. 17501 (Oct. 20, 2000); Amdts Adopted 21 Com. Reg. 16567 (Feb. 18, 1999); Amdts Proposed 20 Com. Reg. 16219 (Oct. 15, 1998); Amdts Adopted 17 Com. Reg. 13577 (July 15, 1995); Amdts Proposed 17 Com. Reg. 13329 (May 15, 1995); Adopted 13 Com. Reg. 8414 (Nov. 15, 1991) (replacing all previous regulations in effect); Adopted 13 Com. Reg. 8183 (Oct. 15, 1991); Proposed 13 Com. Reg. 7752 (June 15, 1991).

 

Commission Comment: The 1999 amendments moved this section from former § 7.1 with extensive amendments, added the opening paragraph and subsections (c) through (g) and (i). See 17 Com. Reg. at 13350-51 (May 15, 1995). The 2007 amendments amended subsection (k).

 

The Commission inserted commas after the words “surveying” in the opening paragraph, “surveyors” in subsection (a), “surveying” in subsections (b), (c), and (f), “regulations” in subsection (d), and “architect” in subsection (j) pursuant to 1 CMC § 3806(g).

 

§ 125-20.1-325           References

 

(a)       References shall be individuals who are personally acquainted with the applicant and are able to issue judgments on the applicant’s character and reputation, ability and experience.

 

(b)       Applicants for licensure shall submit the names and current addresses of five references, three of the references must be licensed practitioners in the branch or profession in which licensure is requested. References must be able to provide information based upon first hand knowledge of the applicant’s character, experience, and professional qualifications.

 

(c)       At least three character references must be given for engineer intern or land surveyor intern licensure.

 

(d)       Relatives of the applicant may not be used as reference.

 

(e)       No current member of the Board may be used as a reference.

 

(f)        Each applicant should inform the persons being used as references.

 

(g)       For a state board’s verification, the Board shall accept only an official verification of licensure forwarded by the state board when sealed with the Board’s seal and signed by a responsible board director/administrator, which issued the applicant’s initial license attesting that it is current, valid, in good standing and was issued following the attainment of a passing score on a written examination of a nature and scope equal to examinations as set forth in § 125-20.1-330 of this subchapter.

 

(h)       The applicant shall be responsible for requesting the transmittal of council records from NCARB or NCEES to the Board and paying all fees associated with the transmittal.

 

(i)        It is the responsibility of the applicant to assure the return of a completed reference form to the Board by the persons giving the reference within a reasonable time. This includes educational transcripts and verification of a license in other jurisdictions. All reference materials must be complete before any Board action may be taken on an application.

 

(j)        The Board shall accept completed reference verification forms only when:

 

(1)       Received from the U.S. Postal Service or other delivery services from the reference source directly;

 

(2)       Hand-delivered to the Board office by the reference himself/herself and the form is signed and sealed by the reference himself/herself.

 

(k)       Verification submitted by or passing through the hands of the applicant shall not be accepted. Facsimile transmittal of verification or references shall not be accepted unless followed by the original copy delivered to the Board as set forth above.

 

(l)        In the event verification of an applicant’s work experience by a knowledgeable reference is not available due to death of the reference, relocation to an unknown address, defunct organization, or inability of the postal service to make delivery of the verification form, the applicant shall submit evidence of his or her employment satisfactory to the Board.

 

(m)      Slow response or failure of a reference or a college/university to respond promptly may delay the Board’s processing of an application. A delay may cause the applicant to fail to meet the requirements to sit for a scheduled examination until the necessary documents are provided. If a reference fails to respond the applicant may provide the Board with another reference.

 

(n)       Responses received from references regarding the applicant’s qualifications shall be placed in files which are considered non-public records. The source and character of the information shall not be divulged except when required by law.

 

Modified, 1 CMC § 3806(c), (d), (e), (f), (g).

 

History: Amdts Adopted 23 Com. Reg. 17620 (Jan. 19, 2001); Amdts Proposed 22 Com. Reg. 17501 (Oct. 20, 2000); Amdts Adopted 21 Com. Reg. 16567 (Feb. 18, 1999); Amdts Proposed 20 Com. Reg. 16219 (Oct. 15, 1998); Amdts Adopted 17 Com. Reg. 13577 (July 15, 1995); Amdts Proposed 17 Com. Reg. 13329 (May 15, 1995); Adopted 13 Com. Reg. 8414 (Nov. 15, 1991) (replacing all previous regulations in effect); Adopted 13 Com. Reg. 8183 (Oct. 15, 1991); Proposed 13 Com. Reg. 7752 (June 15, 1991).

 

Commission Comment: The 1999 amendments moved the provisions of this section from former §§ 3.13, 3.14, 8.1, 8.2 and 8.3 with amendments. See 17 Com. Reg. at 13342-43 and 13354-55. The 2001 amendments amended subsection (k).

 

The Commission corrected the spelling of the word “judgments” in subsection (a) pursuant to 1 CMC § 3806(g). The Commission inserted a comma after the word “experience” in subsection (b) pursuant to 1 CMC § 3806(g).

 

§ 125-20.1-330           Examinations

 

(a)       General Provisions

 

(1)       The application and experience record submitted by an applicant for licensure by examination is part of the examination. The grade given for the applicant’s experience record is based not only on the amount of time devoted to professional work but also to the degree of responsibility and nature of the work.

 

(2)       The Board shall notify the applicant of the time, date and place of the examination along with any information the Board received from NCEES, NCARB, or CBRPELS for distribution to the examinees at least thirty days prior to the examination date.

 

(3)       The applicant shall notify the Board as to whether he or she will or will not sit for the examination within ten days after receipt of notification from the Board that he or she has been qualified to sit for the exam. The Board shall assume that a candidate receives the notification no later than five days from the date of mailing.

 

(4)       The Board shall adopt the recommendations of NCEES, NCARB, or CBRPELS on passing scores for the grading of engineering, land surveying, architecture, and landscape architecture examinations, respectively. The Board shall not conduct its own grading or develop its own grading curves.

 

(5)       The Fundamentals of Engineering (FE) Examination requirement may be waived to an applicant who has taken and passed the PE examination administered by another NCEES member board, is a licensed engineer in good standing, the requirements for licensure at the time the applicant was licensed are acceptable to this Board, and the applicant was waived from taking the FE by the state board where applicant was first licensed.

 

(6)       The examination requirement may be waived, upon approval by the Board, for an applicant who has taken and passed an examination administered by another NCEES or NCARB member board, is a licensed professional in good standing, and if the requirements for licensure at the time the applicant was licensed are acceptable to this Board.

 

(7)       Admittance to an examination shall not constitute approval by the Board of the applicant’s character and reputation. Character and reputation shall be subject to review at any time.

 

(8)       Application to take the examination must be accompanied by the application fees.

 

(b)       Engineering Examinations

 

(1)       Classification of Engineering Examinations

 

The Board shall adopt and administer examinations prepared by NCEES as the standard examination of applicants for licensure as an engineer as follows:

 

(i)        FE - Fundamentals of Engineering Examination for engineer intern applicants (8 hours); and

 

(ii)       PE - Principles and Practice of Engineering Examinations for professional engineer in the appropriate engineering branch (8 hours).

 

(iii)      SE - Structural Engineering Examinations (16 hours, Structural I - 8 hours and Structural II - 8 hours).

 

(iv)      All civil engineering applicants (comity or by examination) are required to take and pass the California Special Civil Seismic Examination before they could qualify for licensure. Grading shall conform to current practices of the California Board of Registration for Professional Engineers and Land Surveyors (CBRPELS).

 

(2)       Eligibility of Applicant for an Engineering Examination

 

(i)        No applicant may sit for the FE, PE, or SE examination until the Board has determined that all the required documentation has been received and approved and the applicant otherwise has met all the requirements for licensure except passage of the examination.

 

(ii)       An applicant for the PE or SE shall not be permitted to sit for the examination until he or she has taken and passed the Fundamentals of Engineering Examination.

 

(iii)      An applicant for licensure as an engineer intern shall become eligible to sit for the FE during his or her senior year of enrollment in an engineering curriculum leading to a baccalaureate degree at an approved university/college of engineering. Enrollment must be confirmed by the school university/college being attended by the applicant. Confirmation must be sent by the university/college directly to the Board.**

 

(c)       Architecture Examinations

 

(1)       The Board shall adopt the Architect Registration Examination (ARE) prepared by NCARB as the standard examination of applicants for licensure as an architect.

 

(2)       Grading shall conform to current practices of NCARB.

 

(3)       Eligibility of Applicant for a Architectural Examination

 

No applicant may sit for the ARE until the Board has determined that all the required documentation has been received and approved and the applicant otherwise has met all the requirements for licensure except passage of the examination.

 

(d)       Land Surveying Examinations

 

(1)       Classification of Land Surveying Examinations

 

The Board shall adopt and administer examinations prepared by NCEES as the standard examination of applicants for licensure as a land surveyor as follows:

 

(i)        FLS - Fundamentals of Land Surveying Examination for land surveyors intern applicant (8 hours); and

 

(ii)       PLS - Principles and Practice of Land Surveying Examination (6 hours)

 

(iii)      CNMI Land Matters Examination (4 hours) - Applicants for comity licensure as a land surveyor shall be required to pass this exam testing such applicant’s knowledge of CNMI land matters, when such examination is in existence.

 

(2)       Eligibility of Applicant for a Land Surveying Examination

 

(i)        No applicant may sit for the FLS or PLS examination until the Board has determined that all the required documentation has been received and approved and the applicant has otherwise met all the requirements for licensure except passage of the examination.

 

(ii)       An applicant for the PLS shall not be permitted to sit for the examination until he or she has taken and passed the FLS.

 

(e)       Examination Dates and Locations

 

Examination dates are determined by the Board based on recommendations by NCEES, NCARB, or CBRPELS, respectively. The location of each examination is determined by the Board and is based upon the availability of acceptable examination space.

 

(1)       Engineering and Land Surveying Examinations

 

An applicant to sit for the Fundamentals of Engineering Examination, the Fundamentals of Land Surveying Examination, the Principles and Practice of Engineering Examination or the Principles and Practice of Land Surveying Examination shall filed* an application no later than January 1, before the examination which is regularly conducted by the Board in April, or not later than July 1, before the examination which is regularly conducted by the Board in October. The application must be accompanied by the application fee.

 

(2)       Architectural Examination

 

An applicant to sit for the computerized Architect Registration Examination (ARE) shall file on application at least 90 days before he or she plans to take the examination. Applicants approved by the Board to take the ARE will be able to take all divisions of the exam year round at the test site. The divisions may be taken in any order. You do not have to take all divisions at one time. The application must be accompanied by the application fee.

 

(3)       California Special Civil Seismic Examination

 

An applicant to sit for the California Special Civil Seismic Examination shall filed* an application no later than January 1, before the examination which is regularly conducted by the Board in April, or not later than July 1, before an examination which is conducted by the Board in October.

 

(f)        Proctoring Examinations for Other Jurisdictions

 

Proctoring examinations for other jurisdictions is at the discretion of the Board. A proctoring fee will be charged based on the fee established by the Board.

 

(g)       Language

 

All examinations shall be in English. The examinations shall not be translated into another language either orally or in writing.

 

(h)       Study Information

 

The Board shall not make available or distribute any study information. Each examination candidate shall be responsible of providing his or her own preparation material.

 

(i)        Instructions for Examinees

 

Instructions provided prior to each examination will declare an examination to be open or closed book. When an applicant sits for an open-book examination, any books, bound materials of any sort, and calculators or computers which are self-powered and non-printing may be used. None of this material may be loaned or exchanged between or among examinees.

 

(j)        Failure to Sit for Examination

 

A qualified applicant shall be given two consecutive opportunities to take the examination. In the event the applicant fails to sit for the examination without cause acceptable to the Board, the application will be considered null and void and the applicant shall file new application and qualify to sit for a subsequent examination. The first scheduled examination following approval of an applicant to sit for the examination shall be considered the applicant’s first opportunity. Failure of an applicant to attend an examination for which he/she has been scheduled to attend does not count as a failure of the examination.

 

(k)       Examination Results

 

Examination results will be reported only as pass or fail to each examinee in writing.

 

(l)        Review of Failed Examinations

 

Review of failed examinations shall be in accordance with the policies of NCEES, NCARB, CBRPELS, or the exam vendors contracted by these organizations.

 

(m)      Examination for Record Purposes

 

(1)       An engineer, architect, or land surveyor licensed by the Board may take the examination(s) in his or her profession or branch for record purposes upon payments of the examination fees.

 

(2)       Failure to pass an examination will in no way affect the current license.

 

(n)       Examination Offerings for Engineers and Land Surveyors

 

A candidate who has failed to successfully complete the examination and wishes to retake it must submit a written request for re-examination, accompanied by the appropriate fees, no later than sixty days prior to the scheduled exam date. A candidate may retake the examination as many times as necessary, but must submit a new application as required in part 100, accompanied by the appropriate fees, every third year following his or her initial examination session.

 

(o)       Examination Offerings for Architects

 

Applicants approved by the Board to take the ARE will be able to take all divisions of the exam year round at the test site. The divisions may be taken in any order. You do not have to take all divisions at one time. If you failed a division, you must wait a minimum of six months before retaking it. You must make arrangements directly with the test center to retake a division.

 

* So in original.

 

** See Commission Comment.

 

Modified, 1 CMC § 3806(c), (e), (f).

 

History: Amdts Adopted 24 Com. Reg. 19245 (May 20, 2002); Amdts Proposed 24 Com. Reg. 19025 (Feb. 28, 2002); Amdts Proposed 23 Com. Reg. 18345 (Sept. 24, 2001); Amdts Adopted 23 Com. Reg. 17620 (Jan. 19, 2001); Amdts Proposed 22 Com. Reg. 17501 (Oct. 20, 2000); Amdts Adopted 21 Com. Reg. 16567 (Feb. 18, 1999); Amdts Proposed 20 Com. Reg. 16219 (Oct. 15, 1998); Amdts Adopted 17 Com. Reg. 13577 (July 15, 1995); Amdts Proposed 17 Com. Reg. 13329 (May 15, 1995); Adopted 13 Com. Reg. 8414 (Nov. 15, 1991) (replacing all previous regulations in effect); Adopted 13 Com. Reg. 8183 (Oct. 15, 1991); Proposed 13 Com. Reg. 7752 (June 15, 1991).

 

Commission Comment: The 1999 amendments moved subsections (a)(1), (a)(2), (a)(3), (a)(4), (a)(6), (a)(7) and (a)(8) from former §§ 9.1(a), 9.1(b), 9.1(d), 9.1(f), 9.2(b), 8.5(b) and 9.1(c), respectively, with amendments and added subsection (a)(5). The 1999 amendments took the provisions of subsections (b) through (e) from former §§ 9.2, 9.4, 9.5, 9.7 and 3.4 and 3.6 with extensive amendments. See 17 Com. Reg. at 13359-60 (May 15, 1995). The 1999 amendments added subsections (f), (i), (k), (l) and (o) and moved subsections (g), (h), (j), (m) and (n) from former §§ 9.8, 9.9, 9.1(e), 9.14 and 9.15(d), with amendments. See 17 Com. Reg. at 13361 (May 15, 1995). The 2001 amendments deleted former subsection (d)(1)(ii) and amended subsections (a)(2), (a)(4), (a)(8), (b)(1), (b)(2)(iii) and (iv), (d)(1), (d)(2)(ii), (f), (g) and (k). The 2002 amendments deleted former subsection (b)(2)(iii). The Commission re-designated former subsection (b)(2)(iv) accordingly.

 

Subsection (b)(2)(iii) was omitted in the 2007 regulation, but was not expressly repealed.

 

The Commission inserted commas after the words “NCARB” in subsections (a)(2), (a)(4), (e), “architecture” in subsection (a)(4), “PE” in subsection (b)(2)(i), “CBRPELS” in subsection (l), and “architect” in subsection (m)(1) pursuant to 1 CMC § 3806(g). The Commission corrected the spelling of the word “plans” in subsection (e)(2) pursuant to 1 CMC § 3806(g).

 

Part 400 -       Licensure Classification

 

§ 125-20.1-401           Engineering

 

(a)       An applicant approved for licensure as an engineer shall be licensed as an:

 

(1)       Engineer intern; or

 

(2)       Professional engineer

 

(b)       Professional engineers shall be licensed in one of the recognized NCEES branches of engineering.

 

Modified, 1 CMC § 3806(f).

 

History: Amdts Adopted 23 Com. Reg. 17620 (Jan. 19, 2001); Amdts Proposed 22 Com. Reg. 17501 (Oct. 20, 2000); Amdts Adopted 21 Com. Reg. 16567 (Feb. 18, 1999); Amdts Proposed 20 Com. Reg. 16219 (Oct. 15, 1998); Amdts Adopted 17 Com. Reg. 13577 (July 15, 1995); Amdts Proposed 17 Com. Reg. 13329 (May 15, 1995); Adopted 13 Com. Reg. 8414 (Nov. 15, 1991) (replacing all previous regulations in effect); Adopted 13 Com. Reg. 8183 (Oct. 15, 1991); Proposed 13 Com. Reg. 7752 (June 15, 1991).

 

Commission Comment: The 1999 amendments amended subsections (a) and (b).

 

§ 125-20.1-405           Architecture

 

An applicant approved for licensure as an architect shall be licensed as an architect.

 

Modified, 1 CMC § 3806(f).

 

History: Amdts Adopted 23 Com. Reg. 17620 (Jan. 19, 2001); Amdts Proposed 22 Com. Reg. 17501 (Oct. 20, 2000); Amdts Adopted 21 Com. Reg. 16567 (Feb. 18, 1999); Amdts Proposed 20 Com. Reg. 16219 (Oct. 15, 1998); Amdts Adopted 17 Com. Reg. 13577 (July 15, 1995); Amdts Proposed 17 Com. Reg. 13329 (May 15, 1995); Adopted 13 Com. Reg. 8414 (Nov. 15, 1991) (replacing all previous regulations in effect); Adopted 13 Com. Reg. 8183 (Oct. 15, 1991); Proposed 13 Com. Reg. 7752 (June 15, 1991).

 

§ 125-20.1-410           Land Surveying

 

An applicant approved for licensure as a land surveyor shall be licensed as a:

 

(a)       Land surveyor intern; or

 

(b)       Professional land surveyor.

 

Modified, 1 CMC § 3806(f), (g).

 

History: Amdts Adopted 23 Com. Reg. 17620 (Jan. 19, 2001); Amdts Proposed 22 Com. Reg. 17501 (Oct. 20, 2000); Amdts Adopted 21 Com. Reg. 16567 (Feb. 18, 1999); Amdts Proposed 20 Com. Reg. 16219 (Oct. 15, 1998); Amdts Adopted 17 Com. Reg. 13577 (July 15, 1995); Amdts Proposed 17 Com. Reg. 13329 (May 15, 1995); Adopted 13 Com. Reg. 8414 (Nov. 15, 1991) (replacing all previous regulations in effect); Adopted 13 Com. Reg. 8183 (Oct. 15, 1991); Proposed 13 Com. Reg. 7752 (June 15, 1991).

 

Commission Comment: The 1999 amendments amended the opening paragraph and subsection (a). In subsection (b), the Commission inserted the final period.

 

§ 125-20.1-415           Landscape Architecture

 

An applicant approved for licensure as a landscape architect shall be licensed as a landscape architect.

 

Modified, 1 CMC § 3806(f).

 

History: Amdts Adopted 23 Com. Reg. 17620 (Jan. 19, 2001); Amdts Proposed 22 Com. Reg. 17501 (Oct. 20, 2000); Amdts Adopted 21 Com. Reg. 16567 (Feb. 18, 1999); Amdts Proposed 20 Com. Reg. 16219 (Oct. 15, 1998); Amdts Adopted 17 Com. Reg. 13577 (July 15, 1995); Amdts Proposed 17 Com. Reg. 13329 (May 15, 1995); Adopted 13 Com. Reg. 8414 (Nov. 15, 1991) (replacing all previous regulations in effect); Adopted 13 Com. Reg. 8183 (Oct. 15, 1991); Proposed 13 Com. Reg. 7752 (June 15, 1991).

 

Part 500 -       Certificate of Authorization

 

§ 125-20.1-501           General Provisions

 

(a)       Any corporation or partnership “firm,” whether organized under the laws of the CNMI or any other jurisdiction, hereafter offering to engage or engaging in the practice of engineering, architecture, land surveying, or landscape architecture in the Commonwealth must have a valid certificate of authorization (COA) issued by the Board.

 

(b)       All engineers, architects, land surveyors, or landscape architects may practice engineering, architecture, land surveying, or landscape architecture on behalf of the firm provided that:

 

(1)       Each person also possesses a valid license issued by the Board in the appropriate discipline and/or engineering branch; and

 

(2)       That such person is designated as being directly in charge and responsible for the work performed by the firm; and

 

(3)       That such person is a partner, officer, or a full-time employee of the firm; and

 

(4)       That such person has been delegated the legal authority to bind the firm in all matters relating to the work performed.

 

(c)       No firm shall be relieved of responsibility for the conduct or acts of its agents, employees, officers, partners, or managers by reason of its compliance with the provisions of this Section. No individual practicing engineering, architecture, land surveying, or landscape architecture under the provisions of these regulations shall be relieved of responsibility by reason of their employment or other relationship with a firm holding a valid Certificate of Authorization.

 

(d)       A professional engineer, architect, land surveyor, or landscape architect who renders occasional, part-time, or consulting engineering, architectural, land surveying, or landscape architectural services to, or for, a firm may not, for the purposes of this section, be designated as being responsible for the professional activities of the firm.

 

(e)       All firms must have a valid Certificate of Authorization before advertising to offer professional engineering, architectural, land surveying, or landscape architectural services in the CNMI (see the definition of “advertise” in § 125-20.1-020(b) of this subchapter).

 

Modified, 1 CMC § 3806(c), (d), (f), (g).

 

History: Amdts Adopted 24 Com. Reg. 19245 (May 20, 2002); Amdts Proposed 24 Com. Reg. 19025 (Feb. 28, 2002); Amdts Proposed 23 Com. Reg. 18345 (Sept. 24, 2001); Amdts Adopted 23 Com. Reg. 17620 (Jan. 19, 2001); Amdts Proposed 22 Com. Reg. 17501 (Oct. 20, 2000); Amdts Adopted 21 Com. Reg. 16567 (Feb. 18, 1999); Amdts Proposed 20 Com. Reg. 16219 (Oct. 15, 1998); Amdts Adopted 17 Com. Reg. 13577 (July 15, 1995); Amdts Proposed 17 Com. Reg. 13329 (May 15, 1995); Adopted 13 Com. Reg. 8414 (Nov. 15, 1991) (replacing all previous regulations in effect); Amdts Proposed 14 Com. Reg. 8770 (Feb. 15, 1992); Adopted 13 Com. Reg. 8183 (Oct. 15, 1991); Proposed 13 Com. Reg. 7752 (June 15, 1991).

 

Commission Comment: The 1992 amendments proposed to amend former § 16.2(d). A notice of adoption for the 1992 proposed amendments was never published. The 1999 amendments moved this section from former § 16.2 and amended subsection (a). See 17 Com. Reg. at 13370 (May 15, 1995). The notice of adoption for the 1999 amendments deleted former subsections (b) and (c). The 2001 amendments added new subsections (b) through (d) and amended subsection (a). The 2002 amendments replaced this section in its entirety.

 

In subsection (a), the Commission moved the comma after “firm” inside of the closing quotation mark. In subsection (b)(1), the Commission changed “possess” to “possesses” to correct a manifest error. The Commission corrected the spelling of the word “these” in subsection (c) and inserted commas after the words “partners” in subsection (c) and “surveying” in subsection (d) pursuant to 1 CMC § 3806(g).

 

§ 125-20.1-505           Application for a Certificate of Authorization

 

(a)       Applications for a Certificate of Authorization of partnerships or corporations to engage or offer to engage in the practice of engineering, architecture, land surveying, or landscape architecture shall be on the form prescribed by the Board and shall be prepared, completed, and signed under oath or penalty of perjury before a notary public by an authorized partner or officer of the firm and shall contain the following information and comply with the following requirements:

 

(1)       The name, license number, discipline and/or branch and signature of the engineer, architect, land surveyor, or landscape architect licensed in the CNMI who is designated as being directly in charge and responsible for the work in the appropriate discipline and/or branch.

 

(2)       That should there be any change in the status of any person on file, whether as to a valid license, direct charge and responsible of work, full-time employment, partnership or officer of the firm, or legal authority to bind the firm, the firm shall so notify the Board in writing within fifteen days of such change, and, if necessary, also within said fifteen days period, file the name of a replacement.

 

(b)       The application shall include a copy of the following documents:

 

(1)       A certificate of registration for a corporation not incorporated in the CNMI (also known as a foreign corporation); or

 

(2)       A certificate of incorporation for a corporation formed in the CNMI; or

 

(3)       A file stamped partnership registration statement; and

 

(4)       A business license for the appropriate professional business activity issued by the Business License Office of the Division of Revenue and Taxation, Department of Finance.

 

Modified, 1 CMC § 3806(e), (f).

 

History: Amdts Adopted 24 Com. Reg. 19245 (May 20, 2002); Amdts Proposed 24 Com. Reg. 19025 (Feb. 28, 2002); Amdts Proposed 23 Com. Reg. 18345 (Sept. 24, 2001); Amdts Adopted 23 Com. Reg. 17620 (Jan. 19, 2001); Amdts Proposed 22 Com. Reg. 17501 (Oct. 20, 2000); Amdts Adopted 21 Com. Reg. 16567 (Feb. 18, 1999); Amdts Proposed 20 Com. Reg. 16219 (Oct. 15, 1998); Amdts Adopted 17 Com. Reg. 13577 (July 15, 1995); Amdts Proposed 17 Com. Reg. 13329 (May 15, 1995); Adopted 13 Com. Reg. 8414 (Nov. 15, 1991) (replacing all previous regulations in effect); Adopted 13 Com. Reg. 8183 (Oct. 15, 1991); Proposed 13 Com. Reg. 7752 (June 15, 1991).

 

Commission Comment: The 1999 amendments moved subsections (a) through (d) from former § 16.2(a) through (d), with amendments. The 2001 amendments deleted former subsections (b) and (d), moved subsection (b) from former subsection (c) and amended subsections (a)(1) through (a)(5), (b), and (c). The 2002 amendments amended the opening paragraph of subsection (a), replaced former subsections (a)(1) through (a)(4) with a new subsection (a)(1), re-designated and amended subsection (a)(2) and deleted former subsection (c).

 

The Commission inserted a comma after the word “completed” in subsection (a) pursuant to 1 CMC § 3806(g).

 

Part 600 -       Certificates or Licenses

 

§ 125-20.1-601           Issuance of Certificates or Licenses

 

Upon completion of all requirements for licensure, the Board shall issue a certificate or license to applicant. The certificate or license shall identify the applicant as an engineer intern, a professional engineer, architect, land surveyor intern, a professional land surveyor, or a landscape architect, as the case may be.

 

History: Amdts Adopted 23 Com. Reg. 17620 (Jan. 19, 2001); Amdts Proposed 22 Com. Reg. 17501 (Oct. 20, 2000); Amdts Adopted 21 Com. Reg. 16567 (Feb. 18, 1999); Amdts Proposed 20 Com. Reg. 16219 (Oct. 15, 1998); Amdts Adopted 17 Com. Reg. 13577 (July 15, 1995); Amdts Proposed 17 Com. Reg. 13329 (May 15, 1995); Adopted 13 Com. Reg. 8414 (Nov. 15, 1991) (replacing all previous regulations in effect); Adopted 13 Com. Reg. 8183 (Oct. 15, 1991); Proposed 13 Com. Reg. 7752 (June 15, 1991).

 

Commission Comment: The 1999 amendments moved this section from former §§ 11.1 and 14.1(a)(2), with amendments. See 17 Com. Reg. at 13362 and 13365 (May 15, 1995). The 2001 amendments deleted former subsection (b).

 

The Commission inserted a comma after the word “surveyor” pursuant to 1 CMC § 3806(g).

 

§ 125-20.1-605           License or Certificate Number

 

Each licensee shall be assigned a license number at the time licensure is approved by the Board. Numbers are issued consecutively and separately for professional engineers, architects, land surveyors, and landscape architects in the order in which applications are approved.

 

History: Amdts Adopted 29 Com. Reg. 27938 (Dec. 18, 2007); Amdts Emergency and Proposed 29 Com. Reg. 26605 (July 21, 2007); Amdts Adopted 23 Com. Reg. 17620 (Jan. 19, 2001); Amdts Proposed 22 Com. Reg. 17501 (Oct. 20, 2000); Amdts Adopted 21 Com. Reg. 16567 (Feb. 18, 1999); Amdts Proposed 20 Com. Reg. 16219 (Oct. 15, 1998); Amdts Adopted 17 Com. Reg. 13577 (July 15, 1995); Amdts Proposed 17 Com. Reg. 13329 (May 15, 1995); Adopted 13 Com. Reg. 8414 (Nov. 15, 1991) (replacing all previous regulations in effect); Adopted 13 Com. Reg. 8183 (Oct. 15, 1991); Proposed 13 Com. Reg. 7752 (June 15, 1991).

 

Commission Comment: The 1999 amendments moved this section from former § 11.3, with amendments. See 17 Com. Reg. at 13363 (May 15, 1995). The 2007 amendments added the words “or Certificate” to the section title.

 

The Commission inserted a comma after the word “surveyors” pursuant to 1 CMC § 3806(g).

 

§ 125-20.1-610           Certificate/License

 

The certificate or license shall be in the form required by law and as otherwise approved by the Board.

 

History: Amdts Adopted 23 Com. Reg. 17620 (Jan. 19, 2001); Amdts Proposed 22 Com. Reg. 17501 (Oct. 20, 2000); Amdts Adopted 21 Com. Reg. 16567 (Feb. 18, 1999); Amdts Proposed 20 Com. Reg. 16219 (Oct. 15, 1998); Amdts Adopted 17 Com. Reg. 13577 (July 15, 1995); Amdts Proposed 17 Com. Reg. 13329 (May 15, 1995); Adopted 13 Com. Reg. 8414 (Nov. 15, 1991) (replacing all previous regulations in effect); Adopted 13 Com. Reg. 8183 (Oct. 15, 1991); Proposed 13 Com. Reg. 7752 (June 15, 1991).

 

Commission Comment: The 1999 amendments moved this section from former § 11.4, with amendments. See 17 Com. Reg. at 13363 (May 15, 1995).

 

§ 125-20.1-615           Engineering Branch

 

The license or certificate for a professional engineer or engineering firm shall designate the branch in which such person or firm is licensed to practice.

 

History: Amdts Adopted 23 Com. Reg. 17620 (Jan. 19, 2001); Amdts Proposed 22 Com. Reg. 17501 (Oct. 20, 2000); Amdts Adopted 21 Com. Reg. 16567 (Feb. 18, 1999); Amdts Proposed 20 Com. Reg. 16219 (Oct. 15, 1998); Amdts Adopted 17 Com. Reg. 13577 (July 15, 1995); Amdts Proposed 17 Com. Reg. 13329 (May 15, 1995); Adopted 13 Com. Reg. 8414 (Nov. 15, 1991) (replacing all previous regulations in effect); Adopted 13 Com. Reg. 8183 (Oct. 15, 1991); Proposed 13 Com. Reg. 7752 (June 15, 1991).

 

Commission Comment: The 1999 amendments moved this section from former § 11.5, with amendments. See 17 Com. Reg. at 13363 (May 15, 1995).

 

§ 125-20.1-620           Display

 

Every person licensed as an individual and every partnership, corporation, association, and joint venture maintaining an office or other place of business for the practice or his/her or its profession, shall display his/her or its original license or certificate together with evidence of current validation in a conspicuous manner, in his/her or its principal office or place of business.

 

History: Amdts Adopted 23 Com. Reg. 17620 (Jan. 19, 2001); Amdts Proposed 22 Com. Reg. 17501 (Oct. 20, 2000); Amdts Adopted 21 Com. Reg. 16567 (Feb. 18, 1999); Amdts Proposed 20 Com. Reg. 16219 (Oct. 15, 1998); Amdts Adopted 17 Com. Reg. 13577 (July 15, 1995); Amdts Proposed 17 Com. Reg. 13329 (May 15, 1995); Adopted 13 Com. Reg. 8414 (Nov. 15, 1991) (replacing all previous regulations in effect); Adopted 13 Com. Reg. 8183 (Oct. 15, 1991); Proposed 13 Com. Reg. 7752 (June 15, 1991).

 

Commission Comment: The 1999 amendments moved this section from former § 11.6, with amendments. See 17 Com. Reg. at 13363 (May 15, 1995).

 

The Commission inserted a comma after the word “association” pursuant to 1 CMC § 3806(g).

 

§ 125-20.1-625           Replacement of License or Certificate

 

Upon submittal of a request accompanied by affidavit attesting to loss, destruction, or mutilation of the original license or certificate, a license or certificate shall be furnished upon payment of the prescribed fee.

 

History: Amdts Adopted 23 Com. Reg. 17620 (Jan. 19, 2001); Amdts Proposed 22 Com. Reg. 17501 (Oct. 20, 2000); Amdts Adopted 21 Com. Reg. 16567 (Feb. 18, 1999); Amdts Proposed 20 Com. Reg. 16219 (Oct. 15, 1998); Amdts Adopted 17 Com. Reg. 13577 (July 15, 1995); Amdts Proposed 17 Com. Reg. 13329 (May 15, 1995); Adopted 13 Com. Reg. 8414 (Nov. 15, 1991) (replacing all previous regulations in effect); Adopted 13 Com. Reg. 8183 (Oct. 15, 1991); Proposed 13 Com. Reg. 7752 (June 15, 1991).

 

Commission Comment: The 1999 amendments moved this section from former § 11.7, with amendments. See 17 Com. Reg. at 13363 (May 15, 1995).

 

The Commission inserted a comma after the word “destruction” pursuant to 1 CMC § 3806(g).

 

§ 125-20.1-630           Prohibited Act

 

It is expressly prohibited, and is a violation of the regulations in this subchapter for any licensee to use his/her license to apply a seal or stamp approval to any plans or work over which he/she does not have proper control or supervision. Furthermore, no licensee may use his/her authorization for any plans or work performed by any other person or entity unless the licensee is a full time employee of such person or entity, or a partner or officer of such entity and such acts of the licensee must be in full compliance with the law, rules, and regulations.

 

Modified, 1 CMC § 3806(d).

 

History: Amdts Adopted 23 Com. Reg. 17620 (Jan. 19, 2001); Amdts Proposed 22 Com. Reg. 17501 (Oct. 20, 2000); Amdts Adopted 21 Com. Reg. 16567 (Feb. 18, 1999); Amdts Proposed 20 Com. Reg. 16219 (Oct. 15, 1998); Amdts Adopted 17 Com. Reg. 13577 (July 15, 1995); Amdts Proposed 17 Com. Reg. 13329 (May 15, 1995); Adopted 13 Com. Reg. 8414 (Nov. 15, 1991) (replacing all previous regulations in effect); Adopted 13 Com. Reg. 8183 (Oct. 15, 1991); Proposed 13 Com. Reg. 7752 (June 15, 1991).

 

Commission Comment: The 1999 amendments moved this section from former § 11.2, with amendments. See 17 Com. Reg. at 13363 (May 15, 1995).

 

The Commission inserted a comma after the word “rules” pursuant to 1 CMC § 3806(g).

 

Part 700 -       Seals

 

§ 125-20.1-701           Board Seal

 

The official seal of the Board shall consist of a imposed latte stone with star surrounded by the words “CNMI Board of Professional Licensing.”

 

Modified, 1 CMC § 3806(g).

 

History: Amdts Adopted 23 Com. Reg. 17620 (Jan. 19, 2001); Amdts Proposed 22 Com. Reg. 17501 (Oct. 20, 2000); Amdts Adopted 21 Com. Reg. 16567 (Feb. 18, 1999); Amdts Proposed 20 Com. Reg. 16219 (Oct. 15, 1998); Amdts Adopted 17 Com. Reg. 13577 (July 15, 1995); Amdts Proposed 17 Com. Reg. 13329 (May 15, 1995); Adopted 13 Com. Reg. 8414 (Nov. 15, 1991) (replacing all previous regulations in effect); Adopted 13 Com. Reg. 8183 (Oct. 15, 1991); Proposed 13 Com. Reg. 7752 (June 15, 1991).

 

Commission Comment: The 1999 amendments moved this part from former parts XIII and XIV. See 17 Com. Reg. at 13364-66 (May 15, 1995).

 

The Commission moved the final period inside of the closing quotation mark.

 

§ 125-20.1-705           Seal of Licensure

 

(a)       The seal shall be a rubber stamp, an electronically digitized seal, or a metal impression seal. The licensee is require to use the following design:

 

Two circles - a smaller one, 1-1/8" to 1-1/4" in diameter, with a target one, 1-1/2" to 1/5/8"* in diameter. The name of the licensee and the words “Commonwealth of the Northern Mariana Islands” shall appear in the outer annular space and the words “professional engineer,” “architect,” “professional land surveyor,” or “landscape architect” together with the license number, shall appear in the center space.

 

(b)       In the case of an engineer, the license shall also indicate the branch of engineering below the word “professional.” There must be a separate stamp for each engineering branch they are licensed to practice.

 

(c)       Whenever the seal is applied, the licensee’s original signature and date of the signature shall be written adjacent to or across the seal. A facsimile signature or electronically digitized signature will not be acceptable.

 

(d)       The seal shall be signed and dated by the licensee in such a manner that the seal, signature, and date will be legible when reproduced.

 

(e)       Authorized use of the prescribed seal is an individual act, therefore, the licensee shall personally inscribe the seal. The licensee is responsible for its security at all times. The licensee shall permit no other person or entity to use the prescribed seal.

 

* So in original.

 

Modified, 1 CMC § 3806(d).

 

History: Amdts Adopted 23 Com. Reg. 17620 (Jan. 19, 2001); Amdts Proposed 22 Com. Reg. 17501 (Oct. 20, 2000); Amdts Adopted 21 Com. Reg. 16567 (Feb. 18, 1999); Amdts Proposed 20 Com. Reg. 16219 (Oct. 15, 1998); Amdts Adopted 17 Com. Reg. 13577 (July 15, 1995); Amdts Proposed 17 Com. Reg. 13329 (May 15, 1995); Adopted 13 Com. Reg. 8414 (Nov. 15, 1991) (replacing all previous regulations in effect); Adopted 13 Com. Reg. 8183 (Oct. 15, 1991); Proposed 13 Com. Reg. 7752 (June 15, 1991).

 

Commission Comment: The 1999 amendments added subsections (b) through (e) and amended subsection (a).

 

In subsections (a) and (b), the Commission moved the punctuation inside of the closing quotation marks. The Commission corrected the spelling of the word “required” in subsection (a) pursuant to 1 CMC § 3806(g). The Commission inserted commas after the words “seal” in subsection (a) and “signature” in subsection (d) pursuant to 1 CMC § 3806(g).

 

§ 125-20.1-710           Seal on Documents

 

(a)       The seal and signature of the licensee shall be placed on all final engineering, architectural, land surveying or landscape architectural specifications, land surveys, and plats whenever presented to a client or any public agency to certify that the work thereon was done by the licensee or under his or her direct supervision.

 

(b)       Working drawings, unfinished documents, in-progress drawings or documents may or may not have a seal or signature. A working drawing or document must, however, contain a statement to the effect “Preliminary, Not for Construction, Recording Purposes, or Implementation.”

 

(c)       The seal or stamp shall be prima facie evidence that the work was prepared by or under the direct supervision or control of the licensee named on the seal and the licensee accepts full responsibility and liability for the professional work represented.

 

(d)       Licensees shall approve and seal only those design documents and surveys which are safe for public health, property, and welfare in conformity with accepted engineering, architectural, and land surveying standards.

 

(e)       It shall be unlawful for anyone to seal or stamp any document with such seal or stamp after the license has expired or has been revoked or suspended unless such license has been renewed or reinstated.

 

(f)        Pursuant to § 3219(e) of 4 CMC, div. 3, no official of the Commonwealth who is or may hereafter be charged with the enforcement or laws or ordinances relating to the construction or alteration of buildings or structures, shall accept or approve any plans or specifications that are not stamped with the seal of a licensed architect holding a valid license or with the seal of a licensed engineer holding a valid license on which has been indicated that he or she has qualified in the structural engineering branch, unless the building or structure, for which the plans or specifications are submitted is exempted; and no map or survey prepared after the effective date of this subchapter shall be filed with any official of the Commonwealth unless stamped with the seal of a land surveyor holding a valid license.

 

(g)       The licensee’s seal and signature shall be placed on all original drawings, tracings, and other reproducible documents so that the seal and signature is reproduced each time copies are made.

 

(h)       When the document contains more than one sheet, the first or title page shall be sealed and signed by all involved in the work or those who controlled the work and are responsible for it. In addition, each drawing shall be sealed and signed by the licensee responsible for each sheet. When a firm performs the work, each drawing shall be sealed and signed by the licensee who actually did the work. The principal in responsible charge shall sign the seal on the first or title page.

 

(i)        When a licensee in another jurisdiction has a temporary permit to practice in the Commonwealth, he or she shall use his or her jurisdiction’s seal and affix his or her signature and the CNMI temporary permit number on all work they controlled and are responsible for.

 

(j)        When a CNMI licensee certifies the work of an out-of-state licensor, the CNMI licensee shall have complete dominion control of the design, shall maintain possession of the sealed and signed reproducible drawings including complete sealed and signed calculations indicating all changes in the original design and shall be wholly responsible for the work.

 

Modified, 1 CMC § 3806(f), (g).

 

History: Amdts Adopted 23 Com. Reg. 17620 (Jan. 19, 2001); Amdts Proposed 22 Com. Reg. 17501 (Oct. 20, 2000); Amdts Adopted 21 Com. Reg. 16567 (Feb. 18, 1999); Amdts Proposed 20 Com. Reg. 16219 (Oct. 15, 1998); Amdts Adopted 17 Com. Reg. 13577 (July 15, 1995); Amdts Proposed 17 Com. Reg. 13329 (May 15, 1995); Adopted 13 Com. Reg. 8414 (Nov. 15, 1991) (replacing all previous regulations in effect); Adopted 13 Com. Reg. 8183 (Oct. 15, 1991); Proposed 13 Com. Reg. 7752 (June 15, 1991).

 

Commission Comment: The 1999 amendments added new subsections (a) through (d) and moved subsections (e) through (j) from former § 14.1(a)(4), (a)(5), (b), (d), (f) and (g), respectively, with amendments. See 17 Com. Reg. at 13365-66 (May 15, 1995). The 2001 amendments amended subsections (f), (h), and (i).

 

In subsection (b), the Commission moved the final period inside of the closing quotation mark. The Commission inserted commas after the words “surveys” in subsection (a) and “property” and “architectural” in subsection (d) pursuant to 1 CMC § 3806(g).

 

§ 125-20.1-715           Design Certification

 

(a)       All design work prepared by or under the supervision of a licensed professional engineer, architect, land surveyor or landscape architect shall be stamped with the authorized seal or stamp, and under such seal or stamp the licensee thereof shall state the following and sign his or her name:

 

This work was prepared by me or under my direct supervision.

 

_______________________________

 

Signature

 

(b)       A licensed engineer, architect, land surveyor, or landscape architect who signs plans, specifications, reports, or documents shall not be responsible for damage caused by subsequent changes to or uses of those plans, specifications, reports, or documents, where the subsequent changes or uses, including changes or uses made by state or local government agencies, are not authorized or approved by the licensed engineer, architect, land surveyor, or landscape architect who originally signed the plans, specifications, reports, or documents, provided that the engineering, architectural, land surveying, or landscape architectural service rendered by the engineer, architect, land surveyor, or landscape architect signed the plans, specifications, reports, or documents was not also a proximate cause of the damage.

 

Modified, 1 CMC § 3806(f).

 

History: Amdts Adopted 23 Com. Reg. 17620 (Jan. 19, 2001); Amdts Proposed 22 Com. Reg. 17501 (Oct. 20, 2000); Amdts Adopted 21 Com. Reg. 16567 (Feb. 18, 1999); Amdts Proposed 20 Com. Reg. 16219 (Oct. 15, 1998); Amdts Adopted 17 Com. Reg. 13577 (July 15, 1995); Amdts Proposed 17 Com. Reg. 13329 (May 15, 1995); Adopted 13 Com. Reg. 8414 (Nov. 15, 1991) (replacing all previous regulations in effect); Adopted 13 Com. Reg. 8183 (Oct. 15, 1991); Proposed 13 Com. Reg. 7752 (June 15, 1991).

 

Commission Comment: The 1999 amendments moved subsection (a) from former § 14.2(a), with amendments. See 17 Com. Reg. at 13366 (May 15, 1995). The 1999 amendments also added a new subsection (b).

 

The Commission inserted commas after the words “surveyor,” “reports,” and “surveying” in subsection (b) pursuant to 1 CMC § 3806(g).

 

§ 125-20.1-720           Construction Inspection

 

(a)       In addition to the foregoing requirements, all documents submitted for building or construction permits shall bear the authorized seal or stamp of the duly licensed professional engineer, architect, land surveyor, or landscape architect charged with inspection of the construction pursuant to these regulations and under such seal and stamp the legal holder thereof shall state the following and sign his or her name:

 

Construction inspection of project will be under my supervision.

 

_______________________________

 

Signature

 

(b)       When an engineer, architect, land surveyor, or landscape architect has responsibility for the design and construction inspection, the certification shall be in the following form:

 

This work was prepared by me or under my direct supervision and construction inspection of this project will be under my supervision.

 

_______________________________

 

Signature

 

(c)       Any licensed engineer, architect, land surveyor, or landscape architect sealing or stamping plans, specifications, reports, or documents shall not be imposed a legal duty or responsibility to be in charge of the construction inspection work on the construction which are the subject of the plans, specifications, reports, or documents. However, nothing in this section shall preclude an engineer, architect, land surveyor, or landscape architect and a client from entering into a contractual agreement which includes a mutually acceptable arrangement for the provision of construction supervision services.

 

(d)       In the event the licensed engineer, architect, land surveyor, or landscape architect whose seal or stamp and signature appears in connection with the foregoing statement concerning inspection of construction, shall be removed, replaced, or otherwise unable to discharge his or her duties; such licensed engineer, architect, land surveyor, or landscape architect shall so notify the Board with fifteen days, and such notification shall include the name, if known, of the licensed engineer, architect, land surveyor, or landscape architect charged with continuing the construction inspection.

 

Modified, 1 CMC § 3806(d), (e), (f).

 

History: Amdts Adopted 24 Com. Reg. 19245 (May 20, 2002); Amdts Proposed 24 Com. Reg. 19025 (Feb. 28, 2002); Amdts Proposed 23 Com. Reg. 18345 (Sept. 24, 2001); Amdts Adopted 23 Com. Reg. 17620 (Jan. 19, 2001); Amdts Proposed 22 Com. Reg. 17501 (Oct. 20, 2000); Amdts Adopted 21 Com. Reg. 16567 (Feb. 18, 1999); Amdts Proposed 20 Com. Reg. 16219 (Oct. 15, 1998); Amdts Adopted 17 Com. Reg. 13577 (July 15, 1995); Amdts Proposed 17 Com. Reg. 13329 (May 15, 1995); Adopted 13 Com. Reg. 8414 (Nov. 15, 1991) (replacing all previous regulations in effect); Adopted 13 Com. Reg. 8183 (Oct. 15, 1991); Proposed 13 Com. Reg. 7752 (June 15, 1991).

 

Commission Comment: The 1999 amendments added new subsection (c) and moved subsections (a), (b), and (d) from former § 14.2(b)(1), (c), and (b)(2), respectively, with amendments. The 2001 amendments amended subsections (a) and (b). The 2002 amendments amended subsections (a) through (d).

 

The Commission corrected the spelling of the word “stamp” in subsection (a) pursuant to 1 CMC § 3806(g). The Commission inserted commas after the words “surveyor” in subsection (b), “reports” in subsection (c), and “replaced” in subsection (d) pursuant to 1 CMC § 3806(g).

 

§ 125-20.1-725           Construction Management Services

 

A licensed engineer, architect, land surveyor, or landscape architect may also practice, either in public or private capacity, construction management services, including, but not limited to, construction project design review and evaluation, construction mobilization and supervision, bid evaluation, project scheduling, cost-benefit analysis, claims review and negotiation, and general management and administration of a construction project.

 

Modified, 1 CMC § 3806(f).

 

History: Amdts Adopted 24 Com. Reg. 19245 (May 20, 2002); Amdts Proposed 24 Com. Reg. 19025 (Feb. 28, 2002); Amdts Proposed 23 Com. Reg. 18345 (Sept. 24, 2001); Amdts Adopted 23 Com. Reg. 17620 (Jan. 19, 2001); Amdts Proposed 22 Com. Reg. 17501 (Oct. 20, 2000); Amdts Adopted 21 Com. Reg. 16567 (Feb. 18, 1999); Amdts Proposed 20 Com. Reg. 16219 (Oct. 15, 1998).

 

Commission Comment: The 1999 amendments added this section and re-designated the remaining sections in this part accordingly.

 

§ 125-20.1-730           Engineer’s Seal

 

(a)       The seal and signature of a licensed professional engineer shall be affixed to each drawing, specification, report, calculation or other documents in its final form which involves the practice of engineering as defined herein.

 

(b)       The seal and signature of an engineer, licensed in the appropriate branch, is required for each portion of documents involving a separate branch of engineering except as provided below:

 

(1)       All portions of documents for single family residential home* may be sealed and signed by a civil or structural engineer or an architect.

 

(2)       All portions of documents for multi-family dwelling and residential subdivisions not more than three stories in height and containing 10 or fewer dwelling units may be sealed and signed by a civil or structural engineer or an architect.

 

(3)       An engineer is not required for outbuildings in connection with detached residential buildings.

 

(4)       All portions of documents for any type of buildings not more than three stories in height may be sealed and signed by a civil or structural engineer or an architect.

 

(c)       Documents for multi-family dwelling and residential subdivisions more than three stories in height and containing more than 10 dwelling units or any type of building shall be sealed and signed by engineers licensed in the appropriate branches as well as an architect.

 

(d)       Documents for pre-engineered structures sealed and signed by an engineer licensed in another jurisdiction shall also be reviewed and sealed and signed by a civil or structural engineer licensed in the CNMI.

 

(e)       Designs and calculations for Individual Wastewater Disposal Systems (IWDS) for any building, except for single-family residential home*, may be sealed/signed by a CNMI licensed civil engineer or an architect.

 

(f)        Storm water design and calculations for any building, except for single-family residential home*, may be performed by a CNMI licensed engineer.

 

* So in original.

 

Modified, 1 CMC § 3806(e), (f).

 

History: Amdts Adopted 34 Com. Reg. 32300 (Feb. 29, 2012); Amdts Proposed 33 Com. Reg. 32237 (Dec. 29, 2011); Amdts Adopted 23 Com. Reg. 17620 (Jan. 19, 2001); Amdts Proposed 22 Com. Reg. 17501 (Oct. 20, 2000); Amdts Adopted 21 Com. Reg. 16567 (Feb. 18, 1999); Amdts Proposed 20 Com. Reg. 16219 (Oct. 15, 1998); Amdts Adopted 17 Com. Reg. 13577 (July 15, 1995); Amdts Proposed 17 Com. Reg. 13329 (May 15, 1995); Adopted 13 Com. Reg. 8414 (Nov. 15, 1991) (replacing all previous regulations in effect); Adopted 13 Com. Reg. 8183 (Oct. 15, 1991); Proposed 13 Com. Reg. 7752 (June 15, 1991).

 

Commission Comment: The 1999 amendments moved this section from former § 14.3 and amended subsections (a) through (d). See 17 Com. Reg. at 13368 (May 15, 1995). The 2001 amendments amended subsections (b)(1), (b)(2), (c), and (d). The 2012 amendments amended subsections (b)(1) through (b)(4) and (c) and added subsections (e) and (f).

 

§ 125-20.1-735           Architect’s Seal

 

(a)       The seal and signature of an architect shall be affixed to each drawing, specification, report, calculation, or other documents in its final form which involves work with respect to any building which has as its principal purpose human occupancy or habitation, or which involves any other aspect of the practice of architecture as defined herein.

 

(b)       The seal of an architect shall be placed on documents for multi-family dwelling units and subdivisions as well as the seals and signatures of engineers in the appropriate branches.

 

History: Amdts Adopted 23 Com. Reg. 17620 (Jan. 19, 2001); Amdts Proposed 22 Com. Reg. 17501 (Oct. 20, 2000); Amdts Adopted 21 Com. Reg. 16567 (Feb. 18, 1999); Amdts Proposed 20 Com. Reg. 16219 (Oct. 15, 1998); Amdts Adopted 17 Com. Reg. 13577 (July 15, 1995); Amdts Proposed 17 Com. Reg. 13329 (May 15, 1995); Adopted 13 Com. Reg. 8414 (Nov. 15, 1991) (replacing all previous regulations in effect); Adopted 13 Com. Reg. 8183 (Oct. 15, 1991); Proposed 13 Com. Reg. 7752 (June 15, 1991).

 

Commission Comment: The 1999 amendments moved this section from former § 14.5. See 17 Com. Reg. at 13368 (May 15, 1995).

 

The Commission inserted a comma after the word “calculation” in subsection (b) pursuant to 1 CMC § 3806(g).

 

§ 125-20.1-740           Land Surveyor’s Seals

 

(a)       The seal and signature of a land surveyor shall be placed on each drawing, plan, property metes and bound descriptions, computation sheets, reports, and other documents in its final form which involve the practice of land surveying as defined herein.

 

(b)       No seal shall be placed on drawings, plans, property metes and bound descriptions, computation sheets, reports, and other documents in its final form which involve the practice of land surveying if performed by officers or employees of the CNMI government.

 

(c)       All documents prepared and certified by a land surveyor shall be stamped with a statement under the seal stating: “I (name of land surveyor), hereby certify that this map was prepared by me or under my direct supervision, and that it is based upon a field survey made in (insert date), in conformance with all applicable laws and regulations.” The signature of the land surveyor and date shall be affixed directly under the statement.

 

Modified, 1 CMC § 3806(g).

 

History: Amdts Adopted 23 Com. Reg. 17620 (Jan. 19, 2001); Amdts Proposed 22 Com. Reg. 17501 (Oct. 20, 2000).

 

Commission Comment: In subsection (c), the Commission moved the period after “regulations” inside of the closing quotation mark.

 

The Commission inserted commas after the word “reports” in subsections (a) and (b) pursuant to 1 CMC § 3806(g).

 

Part 800 -       Temporary Licenses; Renewals and Reinstatements

 

§ 125-20.1-801           Temporary Licenses; Requirements

 

(a)       The Board may grant a temporary license to a person who is not a resident of the Commonwealth or who has no established place of business and who desires to practice on a limited basis architecture, engineering, land surveying or landscape architecture in the CNMI, provided such person is legally qualified and licensed in his or her jurisdiction and that his or her qualifications for obtaining the license meet those required for licensure by this Board.

 

(b)       A temporary license shall be granted for each specific job which length of time not to exceed one year and shall provide that there is no right to practice architecture, engineering, land surveying or landscape architecture with respect to any other works not set forth in the temporary license.

 

(c)       Consecutive temporary licenses may be issued but only for the purpose of completing the specific job for which the original temporary license was issued.

 

Modified, 1 CMC § 3806(e).

 

History: Amdts Adopted 23 Com. Reg. 17620 (Jan. 19, 2001); Amdts Proposed 22 Com. Reg. 17501 (Oct. 20, 2000); Amdts Adopted 21 Com. Reg. 16567 (Feb. 18, 1999); Amdts Proposed 20 Com. Reg. 16219 (Oct. 15, 1998).

 

Commission Comment: Provisions regarding temporary permits originally appeared in part XII of these regulations. See 17 Com. Reg. at 13363-64 (May 15, 1995). The 1999 amendments moved and extensively amended this section and re-designated it as new part X of the 1999 regulations. The 2001 amendments amended subsection (a). The version of the regulations published in the July 18, 2007 Commonwealth Register split this section into a new Part X, but as it only contained one section, the Commission retained it in Part 800 of the Code pursuant to 1 CMC § 3806(a).

 

Public Law 15-77 (effective August 20, 2007) amends 4 CMC § 3214 regarding temporary licenses. Section 2 of PL 15-77, codified at 4 CMC § 3214, authorizes the Board to grant temporary licenses provided that “such person is legally qualified and licensed or certified in another any United States or foreign jurisdiction and that his or her qualifications for obtaining the license meet those required requirements for licensure by this Board under 4 CMC § 3215(a) to (e).” The provisions of PL 15-77 supersede subsection (a) to the extent that they conflict.

 

The Commission inserted commas after the word “surveying” in subsections (a) and (b) pursuant to 1 CMC § 3806(g).

 

§ 125-20.1-805           Renewals

 

(a)       Certificates or licenses shall be renewed on a biannual basis.* Renewal of all certificates or licenses shall be every two years following their issuance or renewal.

 

(b)       Failure of a licensure to renew on or before the expiration date shall render the license or certificate null and void.

 

(c)       A renewal notice shall be mailed or sent by email by the Board to the last known address of each individual holding a license and to each firm holding a certificate of authorization indicating the date of expiration of the license or certificate and the renewal fee amount due.

 

(d)       Each licensee, firm, or holder of a temporary license is responsible to immediately notify the Board of any changes to his/her or its mailing address.

 

(e)       Temporary licenses shall not be renewable.

 

(f)        Renewal fees may be paid any time prior to the biannual renewal date but must be paid on or before the expiration date to avoid penalty for late renewal. Responsibility for the timely payment of the renewal fee rests solely with the licensee.

 

* See Commission Comment.

 

Modified, 1 CMC § 3806(f).

 

History: Amdts Adopted 35 Com. Reg. 34577 (Nov. 28, 2013); Amdts Proposed 35 Com. Reg. 34176 (Aug. 28, 2013); Amdts Adopted 23 Com. Reg. 17620 (Jan. 19, 2001); Amdts Proposed 22 Com. Reg. 17501 (Oct. 20, 2000); Amdts Adopted 21 Com. Reg. 16567 (Feb. 18, 1999); Amdts Proposed 20 Com. Reg. 16219 (Oct. 15, 1998); Amdts Adopted 17 Com. Reg. 13577 (July 15, 1995); Amdts Proposed 17 Com. Reg. 13329 (May 15, 1995); Adopted 13 Com. Reg. 8414 (Nov. 15, 1991) (replacing all previous regulations in effect); Adopted 13 Com. Reg. 8183 (Oct. 15, 1991); Proposed 13 Com. Reg. 7752 (June 15, 1991).

 

Commission Comment: The 1999 amendments took the provisions of this section from former §§ 15.1, 15.2, and 16.1, with amendments. See 17 Com. Reg. at 13369 (May 15, 1995). The 2001 amendments deleted former subsection (g), combined former subsections (f) and (h), and amended subsections (b), (c) and (d). The 2013 amendments amended subsection (c).

 

The version of this section published in the July 18, 2007 Commonwealth Register omitted the first sentence of subsection (a), but the sentence was not expressly repealed.

 

The Commission inserted a comma after the word “firm” in subsection (d) pursuant to 1 CMC § 3806(g).

 

§ 125-20.1-810           Reinstatement

 

Each licensee or firm whose license or certificate has expired and lapsed or on an inactive status may be reinstated within three years of the expiration day upon payment of the reinstatement fee for the period of the lapsed license as determined by the Board, payment of all penalties owing since the date of the expiration, and in such amount as determined by the Board, for each calendar month or fraction thereof until the reinstatement fee and all penalties are paid. As a precondition to reinstatement, the Board may require a written explanation or an interview showing that the applicant is competent to practice his or her profession.

 

Modified, 1 CMC § 3806(e).

 

History: Amdts Adopted 34 Com. Reg. 32300 (Feb. 29, 2012); Amdts Proposed 33 Com. Reg. 32237 (Dec. 29, 2011); Amdts Adopted 29 Com. Reg. 27938 (Dec. 18, 2007); Amdts Emergency and Proposed 29 Com. Reg. 26605 (July 21, 2007); Amdts Adopted 23 Com. Reg. 17620 (Jan. 19, 2001); Amdts Proposed 22 Com. Reg. 17501 (Oct. 20, 2000); Amdts Adopted 21 Com. Reg. 16567 (Feb. 18, 1999); Amdts Proposed 20 Com. Reg. 16219 (Oct. 15, 1998); Amdts Adopted 18 Com. Reg. 14078 (Apr. 15, 1996); Amdts Proposed 18 Com. Reg. 14018 (Feb. 15, 1996); Amdts Proposed 17 Com. Reg. 13911 (Dec. 15, 1995); Amdts Adopted 17 Com. Reg. 13577 (July 15, 1995); Amdts Proposed 17 Com. Reg. 13329 (May 15, 1995); Adopted 13 Com. Reg. 8414 (Nov. 15, 1991) (replacing all previous regulations in effect); Adopted 13 Com. Reg. 8183 (Oct. 15, 1991); Proposed 13 Com. Reg. 7752 (June 15, 1991).

 

Commission Comment: The 1996 amendments amended former § 15.2(b). See 18 Com. Reg. at 14021 (Feb. 15, 1996). The 1999 amendments moved subsections (a) and (b) from former § 15.2(b) and (c), respectively, with amendments. See 17 Com. Reg. at 13369 (May 15, 1995). The 2001 amendments amended subsections (a) and (b). The 2007 amendments amended subsection (a). The 2012 amendments amended subsection (a) and deleted former subsection (b).

 

The 2012 amendments contained sentences labeled “(a)” and “(b),” but the amendment instructions indicated an intent not to create subsections. Therefore, the Commission removed the labels and incorporated them into the body of the section pursuant to 1 CMC § 3806(a).

 

§ 120-20.1-815           Inactive License

 

A license may be placed on an inactive status upon notification to the Board before his/her license expires by the licensee in writing of the effective date of inactivation and payment of an inactive fee. Failure to reactivate a license on inactive status after three years for engineers, architects, land surveyors, and landscape architects, shall render the license null and void and licensee must file a new application, meet present day requirements for licensure or certification, and receive Board approval. An inactive licensee may apply for reactivation upon payment of all fees owing from time of inactivity and proof of completion of all continuing education hours (if required) the applicant would have had to submit if the applicant has maintained licensure from the date of inactivation. Failure to meet the requirements for reactivation shall require a person desiring licensure to apply as a new applicant and meet present day requirements for licensure or certification, and receive board approval.

 

Modified, 1 CMC § 3806(f).

 

History: Adopted 34 Com. Reg. 32300 (Feb. 29, 2012); Proposed 33 Com. Reg. 32237 (Dec. 29, 2011);

 

Part 900 -       Professional Conduct

 

§ 125-20.1-901           Rules of Professional Conduct

 

The Board has prepared and adopted Rules of Professional Conduct for engineers, architects, land surveyors, and landscape architects practicing in the Commonwealth. [See NMIAC, title 125, chapter 20.2.]

 

History: Amdts Adopted 23 Com. Reg. 17620 (Jan. 19, 2001); Amdts Proposed 22 Com. Reg. 17501 (Oct. 20, 2000); Amdts Adopted 21 Com. Reg. 16567 (Feb. 18, 1999); Amdts Proposed 20 Com. Reg. 16219 (Oct. 15, 1998); Amdts Adopted 17 Com. Reg. 13577 (July 15, 1995); Amdts Proposed 17 Com. Reg. 13329 (May 15, 1995); Adopted 13 Com. Reg. 8414 (Nov. 15, 1991) (replacing all previous regulations in effect); Adopted 13 Com. Reg. 8183 (Oct. 15, 1991); Proposed 13 Com. Reg. 7752 (June 15, 1991).

 

Commission Comment: The Rules of Professional Conduct are codified at NMIAC, title 125, chapter 20.2. This part originally appeared at part XVII. See 17 Com. Reg. at 13373-74 (May 15, 1995). The 1999 amendments moved the provisions to part XII, codified in part 900.

 

The Commission inserted a comma after the word “surveyors” pursuant to 1 CMC § 3806(g).

 

§ 125-20.1-905           Knowledge of the Rules

 

All persons licensed to practice engineering, architecture, land surveying and landscape architecture in the CNMI are charged with having knowledge of the existence of the Rules of Professional Conduct [NMIAC, title 125, chapter 20.2] as well as amendments from time to time which shall be made known in writing to every licensee and applicant for licensure.

 

History: Amdts Adopted 23 Com. Reg. 17620 (Jan. 19, 2001); Amdts Proposed 22 Com. Reg. 17501 (Oct. 20, 2000); Amdts Adopted 21 Com. Reg. 16567 (Feb. 18, 1999); Amdts Proposed 20 Com. Reg. 16219 (Oct. 15, 1998); Amdts Adopted 17 Com. Reg. 13577 (July 15, 1995); Amdts Proposed 17 Com. Reg. 13329 (May 15, 1995); Adopted 13 Com. Reg. 8414 (Nov. 15, 1991) (replacing all previous regulations in effect); Adopted 13 Com. Reg. 8183 (Oct. 15, 1991); Proposed 13 Com. Reg. 7752 (June 15, 1991).

 

Commission Comment: The Commission inserted a comma after the word “surveying” pursuant to 1 CMC § 3806(g).

 

§ 125-20.1-910           Convictions

 

Any individual or firm who has been fined, received a reprimand; had a license or certificate revoked, suspended, denied; convicted of a crime related to the engineering, architectural, land surveying or landscape architect profession by another jurisdiction; or who for reasons or causes which this Board finds would constitute a violation of the law or any provision of the rules and regulations in this subchapter governing the practice of engineering, architecture, land surveying, or landscape architecture in the CNMI, shall be subject to a fine, reprimand, revocation, or suspension by this Board of the license or certificate to practice in the CNMI. It is the duty of each licensee to report a conviction to the Board within ten days following entry of such conviction, notwithstanding any appeal.

 

Modified, 1 CMC § 3806(d), (e).

 

History: Amdts Adopted 23 Com. Reg. 17620 (Jan. 19, 2001); Amdts Proposed 22 Com. Reg. 17501 (Oct. 20, 2000); Amdts Adopted 21 Com. Reg. 16567 (Feb. 18, 1999); Amdts Proposed 20 Com. Reg. 16219 (Oct. 15, 1998); Amdts Adopted 17 Com. Reg. 13577 (July 15, 1995); Amdts Proposed 17 Com. Reg. 13329 (May 15, 1995); Adopted 13 Com. Reg. 8414 (Nov. 15, 1991) (replacing all previous regulations in effect); Adopted 13 Com. Reg. 8183 (Oct. 15, 1991); Proposed 13 Com. Reg. 7752 (June 15, 1991).

 

Commission Comment: The Commission inserted commas after the words “surveying” and “revocation” pursuant to 1 CMC § 3806(g).

 

§ 125-20.1-915           Enforcement

 

The Attorney General of the CNMI has the authority to enforce the provisions of 4 CMC, div. 3, and to assist the Board in ensuring compliance with the regulations in this subchapter. The Attorney General serves as legal advisor to the Board and renders such legal assistance as may be necessary in carrying out these provisions.

 

Modified, 1 CMC § 3806(d), (f).

 

History: Amdts Adopted 23 Com. Reg. 17620 (Jan. 19, 2001); Amdts Proposed 22 Com. Reg. 17501 (Oct. 20, 2000); Amdts Adopted 21 Com. Reg. 16567 (Feb. 18, 1999); Amdts Proposed 20 Com. Reg. 16219 (Oct. 15, 1998); Amdts Adopted 17 Com. Reg. 13577 (July 15, 1995); Amdts Proposed 17 Com. Reg. 13329 (May 15, 1995); Adopted 13 Com. Reg. 8414 (Nov. 15, 1991) (replacing all previous regulations in effect); Adopted 13 Com. Reg. 8183 (Oct. 15, 1991); Proposed 13 Com. Reg. 7752 (June 15, 1991).

 

Commission Comment: The 1995 amendments moved this section from former § 19.2 to § 21.1, with amendments. See 13 Com. Reg. at 8461 (Nov. 15, 1991). The 1999 amendments moved this section from former § 21.1, with amendments. See 17 Com. Reg. at 13376 (May 15, 1995). The notice of adoption for the 1999 amendments deleted this section. See 21 Com. Reg. at 16567 (Feb. 18, 1999). The 2001 amendments reinstated this section.

 

Part 1000 -     Disciplinary Action; Reprimand, Suspension, or Revocation; Refusal to Issue, Restore, or Renew License or Certificate

 

§ 125-20.1-1001         Disciplinary Action

 

(a)       The Board shall have the power to impose administrative penalty and/or reprimand; revoke or suspend; refuse to issue, restore, or renew; place on probation or condition in any manner the certificate, license, or certificate of authorization to any engineer, architect, land surveyor, landscape architect, or firm who is found guilty, in any jurisdiction, of one or more of the following violations as prescribed by § 3218 of 4 CMC, div. 3:

 

(1)       Any fraud or deceit in obtaining or attempting to obtain or renew the license or the certificate of authorization; or

 

(2)       Any negligence, incompetence, or misconduct in the practice of engineering, architecture, land surveying, or landscape architecture; or

 

(3)       Conviction of or pleading guilty to a crime of moral turpitude or a crime related to their profession either in the CNMI or another state or jurisdiction. A certified copy of the judgment of the court of such conviction or plea will be considered dispositive for the purpose of any hearing under this part. A plea of nolo contendre or its equivalent accepted by the court shall be considered as a conviction; or

 

(4)       Signing, affixing, or permitting the licensee’s seal or signature to be affixed to any specifications, reports, drawings, plans, design information, construction documents, or calculations, or revisions thereof, which have not been prepared by the licensee or under the licensee’s responsibility or his or her direct personal supervision; or

 

(5)       Engaging in dishonorable, unethical or unprofessional conduct of a character likely to mislead, deceive, defraud, or harm the public; or

 

(6)       Practicing or offering to practice, or holding him or herself out as authorized and qualified to practice engineering, architecture, land surveying, or landscape architecture, without a valid license or certificate issued by the Board; or

 

(7)       Using the title “engineer,” “engineering,” “architect,” “architecture,” “architectural,” “land surveyor,” “land surveying,” “landscape architect,” or “landscape architecture,” any title, sign, card, or device to indicate that such person is practicing such profession without having first being licensed in accordance with this subchapter; or

 

(8)       Using or attempts to use as his or her own the seal or the license or certificate of another; or

 

(9)       Falsely impersonating any duly licensed engineer, architect, land surveyor, or landscape architect; or

 

(10)     Using or attempts to use an expired, suspended, revoked, or inactive license or certificate; or

 

(11)     Aiding or assisting another person in violating any provision of this subchapter, or the rules and regulations pertaining thereto; or

 

(12)     Providing false testimony or information to the Board; or

 

(13)     Failure to provide information requested by the Board as a result of a formal or informal complaint to the Board which would indicate a violation of this subchapter; or

 

(14)     Failure to comply with any provisions of this subchapter, any regulations pertaining thereto, and the Rules of Professional Conduct for engineers, architects, land surveyors, and landscape architects; or

 

(15)     Any individual or firm which advertises and offers to engage or engaging* in the practice of engineering, architecture, land surveying, or landscape architecture without first complying with the requirements of the Act; or

 

(16)     Failing to report to the Board an adverse action taken against the person by another jurisdiction’s profession regulatory agency or court, professional society or association, by a governmental agency, including a law enforcement agency or by a court for acts or conduct similar to acts or conduct that would support disciplinary action under this subchapter.

 

(b)       The Board may also take disciplinary action against a licensee who is found guilty of the following:

 

(1)       Any act or omission which fails to meet the generally accepted standards of engineering, architecture, land surveying, or landscape architecture practice; or

 

(2)       Violation of, or aiding or abetting in the violation of the provisions of the law, any rules or regulations adopted by the Board, or any order of the Board issued in conformance with the provisions hereof; or**

 

(3)       Use of false, deceptive, or misleading advertising; or

 

(4)       Performing services beyond one’s competency, training, or education; or

 

(5)       Failure to report to the Board any licensee or firm known to have violated the law, rules and regulations, or any order of the Board; or

 

(6)       Failure to report to the Board any malpractice claim against such licensee or any firm, that is settled or in which judgment is rendered, within sixty days of the effective date of such settlement or judgment, if such claim concerned professional services performed or supervised by such licensee.

 

(c)       In addition to any other penalty provided in this section, the Board shall have the power to impose administrative penalty* and/or reprimand, revoke, or suspend, refuse to issue, restore or renew; place on probation or condition the Certificate of Authorization of any firm where one or more of its agents, officers, directors, partners, managers, or employees have been found guilty of any conduct which would constitute a violation under the provisions of this section.

 

(d)       Upon conviction in a court of law any person or firm who violates any of the provisions of the law or the rules and regulations promulgated hereunder, shall be fined not more than $5,000 or imprisoned not more than one year, or both.

 

* So in original.

 

** See Commission Comment.

 

Modified, 1 CMC § 3806(e), (f), (g).

 

History: Amdts Adopted 34 Com. Reg. 32300 (Feb. 29, 2012); Amdts Proposed 33 Com. Reg. 32237 (Dec. 29, 2011); Amdts Adopted 23 Com. Reg. 17620 (Jan. 19, 2001); Amdts Proposed 22 Com. Reg. 17501 (Oct. 20, 2000); Amdts Adopted 21 Com. Reg. 16567 (Feb. 18, 1999); Amdts Proposed 20 Com. Reg. 16219 (Oct. 15, 1998); Amdts Adopted 17 Com. Reg. 13577 (July 15, 1995); Amdts Proposed 17 Com. Reg. 13329 (May 15, 1995);

 

Commission Comment: The 1995 amendments moved the precursor to this section, former § 20.1, to § 23.1. See 13 Com. Reg. at 8461-62 (Nov. 15, 1991). The 1999 amendments added new subsections (a) and (c) and took the provisions of subsections (b) from former § 23.1, with amendments. See 17 Com. Reg. at 13376 (May 15, 1995). The notice of adoption for the 1999 amendments deleted proposed new subsection (c). See 21 Com. Reg. at 16567 (Feb. 18, 1999). The 2001 amendments amended subsections (a), (a)(1), (a)(3), (a)(4), (a)(8), (a)(10), (a)(11), (b)(2), (b)(5), and (b)(6), and reinstated subsection (c) with amendments. The 2012 amendments amended subsections (a), (a)(2), (a)(3), (a)(4), (a)(6), (a)(10), and (a)(11), and added subsections (a)(12) through (a)(16) and new subsection (c), re-designating former subsection (c) as subsection (d).

 

The 2012 amendments did not contain subsection (b)(2), but did not expressly repeal it.

 

In subsection (a)(7), the Commission moved the commas inside of the closing quotation marks. The Commission inserted commas after the words “suspension” and “restore” in the part title, “restore” in subsection (a), “surveying” in subsections (a)(2), (a)(6), (a)(15), and (b)(1), and “surveyor” in subsection (a)(9) pursuant to 1 CMC § 3806(g).

 

§ 125-20.1-1005         Disciplinary Proceedings

 

(a)       Any person, including a Board member, may prefer* charges in writing with the Board against any person subject to the Board’s jurisdiction, including but not limited to non-licensees or a firm holding a certificate of authorization. The Board may seek relief, but need not specify the relief sought. The complaint shall be as specific as possible to the time, place, and nature of the violation.

 

(b)       The Board or its designee shall promptly and fully investigate all non-trivial allegations filed with the Board for the purposes of determining whether to proceed with or dismiss the complaint. The Board may dismiss without a hearing a complaint as unfounded, or trivial, or failing to state a ground for which relief may be granted, with a written order explaining its decision. Notwithstanding any other provision of law, the dismissal of a complaint shall be subject only to a retrospective notice and opportunity to be heard. The Board may dismiss an anonymous complaint without investigation.

 

(c)       Complaint

 

Proceedings to levy a fine upon a licensee, or to reprimand, suspend, refuse to renew or to revoke a license or a certificate of authorization may be initiated by any person who may prefer* charges of any of the violations as prescribed under subsections (a) and (b).

 

(1)       All charges filed must be made in writing by the person or persons making them and shall be filed with the Board.

 

(2)       All charges shall be made on forms provided by the Board. The information required includes the name and addresses of the complainant and the respondent, a concise statement of the complaint with facts supporting the allegation that a violation has occurred and a statement of the relief sought. The complainant shall sign the complaint.

 

(d)       Probable Cause

 

When a complaint is received by the Board in which a licensee is charged with a violation, it is referred to an investigative committee designated by the Board consisting of at least one board member and the Board’s legal counsel. The member of the Board in the investigative committee cannot vote at the disciplinary hearing. The investigative committee makes a determination if probable cause exists for taking further action or for issuing a summons and complaint. Action against the licensee or firm may be brought in the name of the Board or brought before the Board in the name of the claimant versus the respondent.

 

(e)       Summons and Complaint

 

(1)       In the event the Board determines that probable cause exists, the Board’s legal counsel is requested to prepare a summons and complaint.

 

(2)       The summons and complaint shall show the time, place, and nature of the hearing, a statement of legal authority and jurisdiction under which the hearing is to be held, a reference to the particular section of the statute, rules, or regulations involved, and a short and plain statement of the matters asserted. The summons and complaint shall indicate that at any hearing the accused licensee or firm shall have the right to appear in person or by counsel or both to cross-examine witnesses in his/her or its defense and to produce evidence and witnesses for his/her or its own defense.

 

(3)       The summons and complaint shall be personally served or mailed at least thirty days before the date fixed for the hearing to the licensee’s or firm’s last known address.

 

(4)       If the accused licensee or firm fails or refuses to appear, the Board may proceed to hear and determine the validity of the charges.

 

(f)        Until an investigation is completed and administrative charges are filed against the licensee or firm, or the matter is referred to the Attorney General for criminal prosecution, any and all matters related to the allegation(s) including the name(s) of the party filing such charges, shall be confidential and exempt from disclosure to the public pursuant to applicable law including, but not limited to PL 8-41, the Open Government Act of 1992.

 

(g)       Conduct of Hearing.

 

The members of the Board or the Board’s authorized representative shall conduct all hearings pursuant to 1 CMC § 9109, Administrative Procedures – Conduct of Hearing.

 

(1)       At its discretion, the Board may appoint some person (preferably an attorney or someone familiar with the laws and procedures) to act as a hearing examiner. The hearing examiner shall preside at the hearing and shall rule on app* questions or evidence and procedure.

 

(2)       In the event a hearing examiner is not appointed, the chairperson of the Board may preside over the hearing and shall rule on all questions of evidence and procedure with the advice of the attorney for the Board.

 

(3)       Normally, the proceeding shall follow those used by a civil court in which an opening statement is made by the plaintiff and the respondent. Both sides with rebuttals then present evidence. Witnesses may be examined by the plaintiff and respondent or their attorneys and by members of the Board. Re-direct and re-cross and re-examinations*

 

(4)       The record of the hearing of the case shall include;

 

(i)        All motions, intermediate ruling, and depositions.

 

(ii)       Evidence received and considered.

 

(iii)      Statement of matters officially noted.

 

(iv)      Questions and offers of proof, objections, and rulings thereon.

 

(v)       Proposed findings and exceptions.

 

(vi)      Any decision, opinion, or report by the officer presiding at the hearing.

 

(h)       The members of the Board presiding at hearings may:

 

(1)       Administer oaths and affirmations;

 

(2)       Issue subpoenas to compel the attendance of witnesses and the production of records and documents;

 

(3)       Rule on offers of proof and receive relevant evidence;

 

(4)       Require and supervise discovery, including taking depositions or have depositions;

 

(5)       Regulate the course of the hearing, including administer sanctions for conduct within Rule 11 of the CNMI Rules of Civil Procedure;

 

(6)       Hold conferences for the settlement or simplification of the issues by consent of the parties;

 

(7)       Dispose of procedural requests or similar matters; and

 

(8)       Make or recommend orders or decisions in accordance with the law, rules, or regulations.

 

(i)        It shall require a unanimous majority vote of the members of the Board present at the hearing in order to find the accused guilty of the charges preferred, and if found guilty the Board may, in its discretion, either suspend or revoke the license or certificate of the accused.

 

(j)        The Board shall upon concluding the hearing, issue findings, decisions and orders within 30 days.

 

(k)       Each licensee or firm whose license or certificate has been revoked by the Board or any jurisdiction must file a new application, meet present day requirements for licensure or certification, and receive Board approval.

 

* So in original.

 

Modified, 1 CMC § 3806(e), (f).

 

History: Amdts Adopted 34 Com. Reg. 32300 (Feb. 29, 2012); Amdts Proposed 33 Com. Reg. 32237 (Dec. 29, 2011); Amdts Adopted 29 Com. Reg. 27938 (Dec. 18, 2007); Amdts Emergency and Proposed 29 Com. Reg. 26605 (July 21, 2007); Amdts Adopted 23 Com. Reg. 17620 (Jan. 19, 2001); Amdts Proposed 22 Com. Reg. 17501 (Oct. 20, 2000); Amdts Adopted 21 Com. Reg. 16567 (Feb. 18, 1999); Amdts Proposed 20 Com. Reg. 16219 (Oct. 15, 1998).

 

Commission Comment: The 1999 amendments added this section. The 2001 amendments amended former subsections (a), (c)(3), (d), and (d)(8). The 2007 amendments added former subsection (i). The 2012 amendments added new subsections (a) and (b), re-designated the remaining subsections, and amended subsections (c), (d), (e)(3), (g), and (h).

 

Part 1100 -     Miscellaneous Provisions

 

§ 125-20.1-1101         Reinstatement of Licensure After Revocation

 

(a)       Upon petition of an individual or firm, the Board may reissue a license or certificate of authorization provided that a majority of the members of the Board votes in favor of such issuance. The petition must clearly and concisely set forth reasons for requesting reinstatement.

 

(b)       For reason(s) the Board deems sufficient, an expired or revoked license or certificate may be reinstated.

 

History: Amdts Adopted 23 Com. Reg. 17620 (Jan. 19, 2001); Amdts Proposed 22 Com. Reg. 17501 (Oct. 20, 2000); Amdts Adopted 21 Com. Reg. 16567 (Feb. 18, 1999); Amdts Proposed 20 Com. Reg. 16219 (Oct. 15, 1998); Amdts Adopted 17 Com. Reg. 13577 (July 15, 1995); Amdts Proposed 17 Com. Reg. 13329 (May 15, 1995); Adopted 13 Com. Reg. 8414 (Nov. 15, 1991) (replacing all previous regulations in effect); Adopted 13 Com. Reg. 8183 (Oct. 15, 1991); Proposed 13 Com. Reg. 7752 (June 15, 1991).

 

Commission Comment: The 1995 amendments moved this part from former part XXI §§ 21.1 and 21.2 to part XXIV §§ 24.1 and 24.2. The 1999 amendments took the provisions of this section from former §§ 24.1 and 24.2, with amendments. See 17 Com. Reg. at 13378 (May 15, 1995). The 2001 amendments amended subsection (a). The proposed 2007 regulations omitted this section, but the Notice of Adoption indicated that it was omitted in error. See 29 Com. Reg. 27938 (Dec. 18, 2007).

 

§ 125-20.1-1105         Advertising Practices

 

It is in violation of the regulations in this subchapter for any individual or firm to advertise as an engineer, architect, land surveyor, or landscape architect unless such individual or firm holds a license or certificate of authorization.

 

Modified, 1 CMC § 3806(d).

 

History: Amdts Adopted 23 Com. Reg. 17620 (Jan. 19, 2001); Amdts Proposed 22 Com. Reg. 17501 (Oct. 20, 2000); Amdts Adopted 21 Com. Reg. 16567 (Feb. 18, 1999); Amdts Proposed 20 Com. Reg. 16219 (Oct. 15, 1998); Amdts Adopted 17 Com. Reg. 13577 (July 15, 1995); Amdts Proposed 17 Com. Reg. 13329 (May 15, 1995).

 

Commission Comment: The 1995 amendments added this provision as part XVIII. The 1999 amendments moved this section from former § 18.1, with amendments. See 17 Com. Reg. at 13374 (May 15, 1995).

 

§ 125-20.1-1110         Board Records

 

(a)       Retention of Records

 

Applications received by the Board may be approved, disapproved, or deferred pending receipt of additional information. All approved applications shall be stored and maintained by the Board. Applications deferred for any reason shall be retained in the files until a final decision has been rendered by the Board. Application from either an individual or firm in which a violation of the CNMI law was evident shall be retained indefinitely by the Board.

 

(b)       Disposal of Records

 

(1)       Applications which are disapproved or denied by the Board will be destroyed after two years. An applicant whose application has been disapproved or denied may request that the Board return the completed form and any or all supporting documents. The Board will return only those documents submitted by the applicant.

 

(2)       The following is the schedule of retention time for applications submitted to the Board:

 

(i)        Disapproved                                       2 years

 

(ii)       Examination, inactive                                    2 years

 

(iii)      Expired license                                   2 years

 

Modified, 1 CMC § 3806(f).

 

History: Amdts Adopted 23 Com. Reg. 17620 (Jan. 19, 2001); Amdts Proposed 22 Com. Reg. 17501 (Oct. 20, 2000); Amdts Adopted 21 Com. Reg. 16567 (Feb. 18, 1999); Amdts Proposed 20 Com. Reg. 16219 (Oct. 15, 1998); Amdts Adopted 17 Com. Reg. 13577 (July 15, 1995); Amdts Proposed 17 Com. Reg. 13329 (May 15, 1995);

 

Commission Comment: The 1995 amendments moved these provisions from former part XXII to part XXV and amended subsection (b)(2). The 1999 amendments moved this section from former part XXV and amended subsection (b)(2). See 17 Com. Reg. at 13378 (May 15, 1995). The 2001 amendments amended subsection (a).

 

The Commission inserted a comma after the word “disapproved” in subsection (a) pursuant to 1 CMC § 3806(g).

 

§ 125-20.1-1115         Severability

 

If any provision of the regulations in this subchapter, or the application of any such provision, to any person or firm or under any circumstances shall be held invalid by a court or competent jurisdiction, the remaining provisions of these regulations and the application of such remaining provisions to persons or firms or under any circumstances other than those to which it is held invalid, shall not be effected thereby, and to such extent, the provisions of these regulations are and shall be severable.

 

Modified, 1 CMC § 3806(d).

 

History: Amdts Adopted 23 Com. Reg. 17620 (Jan. 19, 2001); Amdts Proposed 22 Com. Reg. 17501 (Oct. 20, 2000); Amdts Adopted 21 Com. Reg. 16567 (Feb. 18, 1999); Amdts Proposed 20 Com. Reg. 16219 (Oct. 15, 1998); Amdts Adopted 17 Com. Reg. 13577 (July 15, 1995); Amdts Proposed 17 Com. Reg. 13329 (May 15, 1995); Adopted 13 Com. Reg. 8414 (Nov. 15, 1991) (replacing all previous regulations in effect); Adopted 13 Com. Reg. 8183 (Oct. 15, 1991); Proposed 13 Com. Reg. 7752 (June 15, 1991).

 


 

SUBCHAPTER 125-20.2

RULES OF PROFESSIONAL CONDUCT

 


Part 001          General Provisions

§ 125-20.2-001           Preamble

§ 125-20.2-005           Licensee’s/Firm’s Obligation to the Public

§ 125-20.2-010           Licensee’s/Firm’s Obligation to Employer and Clients

§ 125-20.2-015           Licensee’s/Firm’s Obligation to Other Licensees/Firms

 

Part 100          Competence

§ 125-20.2-101           Reasonable and Ordinary Care and Skill

§ 125-20.2-105           Advice from Other Professionals

§ 125-20.2-110           Proper Qualifications Required

§ 125-20.2-115           Mental or Physical Impairment

 

Part 200          Conflict of Interest

§ 125-20.2-201           Compensation from More than One Party

§ 125-20.2-205           Compensation for Endorsement of Products

§ 125-20.2-210           Impartial Decisions on Contracts

§ 125-20.2-215           Financial Conflict of Interest

§ 125-20.2-220           Members of Governmental Bodies

 

Part 300          Full Disclosure

§ 125-20.2-301           Compensation for Statements; Disclosure

§ 125-20.2-305           Representation of Qualifications and Responsibility

§ 125-20.2-310           Violations of Regulations; Public Safety

§ 125-20.2-315           Information Requested by the Board

§ 125-20.2-320           Unqualified Applicants for Licensure

§ 125-20.2-325           Duty to Disclose Violations

§ 125-20.2-330           Association with Persons Engaged in Fraudulent or Dishonest Practices

 

Part 400          Compliance with Laws

§ 125-20.2-401           Knowing Violations

§ 125-20.2-405           Influencing Government Officials

§ 125-20.2-410           Violations in Other Jurisdictions

§ 125-20.2-415           Fair Labor Practices; Discrimination

 

Part 500          Professional Conduct

§ 125-20.2-501           Resident Registered Engineer, Architect, Land Surveyor, or Landscape Architect

§ 125-20.2-505           Signature and Seal

§ 125-20.2-510           Gifts to Prospective Clients

§ 125-20.2-515           Fraud; Willful Disregard of Others

§ 125-20.2-520           Injury to Professional Reputation

 

Part 600          Solicitation of Work

§ 125-20.2-601           Solicitation Consistent with Applicable Law

§ 125-20.2-605           Misrepresentation of Qualifications and Experience in Solicitation of Business


 

Subchapter Authority: 4 CMC § 3108 (2004).

 

Subchapter History: Amdts Adopted 36 Com. Reg. 35406 (Aug. 28, 2014); Amdts Proposed 36 Com. Reg. 35038 (May 28, 2014); Amdts Adopted 21 Com. Reg. 16798 (May 19, 1999); Amdts Proposed 21 Com. Reg. 16611 (Mar. 18, 1999); Amdts Adopted 17 Com. Reg. 13666 (Aug. 16, 1995); Amdts Proposed 17 Com. Reg. 13321 (May 15, 1995).

 

Commission Comment: PL 1-8, ch. 5 (effective Aug. 10, 1978), codified as amended at 4 CMC §§ 3101-3110, created the Board of Professional Licensing, a regulatory board within the Commonwealth government.

 

Executive Order 94-3 (effective August 23, 1994) reorganized the Commonwealth government executive branch, changed agency names and official titles and effected numerous other revisions. According to Executive Order 94-3 § 304(c):

 

Section 304. Department of Public Works.

(c)          Board of Professional Licensing. The Board of Professional Licensing is abolished and its functions transferred to a Division of Professional Licensing in the Department of Public Works, which shall have at its head a Director of Professional Licensing.

 

The full text of Executive Order 94-3 is set forth in the commission comment to 1 CMC § 2001.

 

PL 11-99, the “Board of Professional Licensing Amendments Act of 1998,” codified at 4 CMC §§ 3101-3221, took effect on September 21, 1999. PL 11-99 reenacted 4 CMC §§ 3101-3110 with numerous revisions. PL 11-99 § 3 (§ 3101), 4 CMC § 3101, reestablished the Board as a regulatory board “within the Commonwealth government.” The Board is authorized to issue licenses to the professions enumerated in PL 11-99 § 3 (§ 3105), 4 CMC § 3105. PL 11-99 § 3 (§ 3108), 4 CMC § 3108, empowers the Board to adopt rules and regulations to implement the act including rules and regulations to establish credentialing criteria and standards regarding licensing or authorization to practice a profession over which the Board has jurisdiction.

 

PL 14-95 (effective Oct. 31, 2005), the “Board of Professional Licensing Amendments Act of 2005,” repealed and reenacted 4 CMC §§ 3101-3222 with extensive revisions. See the general commission comment to NMIAC chapter 125-10.

 

PL 17-39 (effective April 21, 2011), the “Board of Professional Licensing Amendments Act of 2010,” repealed and reenacted 4 CMC §§ 3101-3222 with extensive revisions. To the extent that these regulations conflict with the terms of PL 17-39, they are superseded.

 

Part 001 -       General Provisions

 

§ 125-20.2-001           Preamble

 

(a)       To comply with the purpose of 4 CMC § 3108 which is to safeguard life, health, and property, to promote the public welfare, and to maintain a high standard of integrity and practice, the Board of Professional Licensing has adopted the following “Rules of Professional Conduct.” These rules shall be binding on every person or firm holding a license or a certificate of authorization to offer or perform engineering, architecture, land surveying, or landscape architecture services in the Commonwealth of the Northern Mariana Islands. All persons or firms licensed pursuant to 4 CMC § 3101 are required to be familiar with the statute, the regulations, and these rules. The “Rules of Professional Conduct” delineates specific obligations the licensee or firm must reach. In addition, each licensee or firm is charged with the responsibility of adhering to standards of highest ethical and moral conduct in all aspects of the practice of professional engineering, architecture, land surveying, or landscape architecture.

 

(b)       The practice of professional engineering, architecture, land surveying, and landscape architecture is a privilege, as opposed to a right. All licensees or firms shall exercise their privilege of practicing by performing services only in the areas of their competence according to current standards of technical competence.

 

(c)       Licensees or firms shall recognize their responsibility to the public and shall represent themselves before the public only in an objective and truthful manner.

 

(d)       They shall avoid conflicts of interest and faithfully serve the legitimate interests of their employers, clients, and customers within the limits defined by the rules in this subchapter. Their professional reputation shall be built on the merit of their services, and they shall not compete unfairly with others.

 

(e)       The Rules of Professional Conduct as promulgated herein are enforced under the powers vested in the Board of Professional Licensing.

 

Modified, 1 CMC § 3806(d), (f).

 

History: Amdts Adopted 36 Com. Reg. 35406 (Aug. 28, 2014); Amdts Proposed 36 Com. Reg. 35038 (May 28, 2014); Amdts Adopted 21 Com. Reg. 16798 (May 19, 1999); Amdts Proposed 21 Com. Reg. 16611 (Mar. 18, 1999); Amdts Adopted 17 Com. Reg. 13666 (Aug. 16, 1995); Amdts Proposed 17 Com. Reg. 13321 (May 15, 1995); Adopted 12 Com. Reg. 6846 (Mar. 15, 1990); Proposed 11 Com. Reg. 6573 (Oct. 15, 1989).

 

Commission Comment: The original paragraphs were not designated. The Commission designated subsections (a) through (e). The Commission removed extra section symbols and commas, inserted a comma after the word “regulations” in subsection (a), and corrected “firm” to “firms” in subsections (a) and (b) pursuant to 1 CMC § 3806(g).

 

The 1999 amendments deleted former subsections (b) and (c), added new subsections (b) through (e) and amended subsection (a). The 1995 and 1999 amendments readopted and republished the Rules of Professional Conduct for Engineers, Architects, Land Surveyors, and Landscape Architects in their entirety. The Commission, therefore, cites the 1995 and 1999 amendments in the history sections throughout this subchapter.

 

§ 125-20.2-005           Licensee’s/Firm’s Obligation to the Public

 

(a)       Licensees or firms, in the performance of their services for clients, employers, and customers, shall be cognizant that their first and foremost responsibility is to the public welfare.

 

(b)       Licensees or firms shall approve and seal only those documents and surveys that conform to accepted engineering, architecture, land surveying, or landscape architecture standards and safeguard the life, property, and welfare of the public is endangered.

 

(c)       Licensees or firms shall notify their employer or client and such other authority as may be appropriate when their professional judgment is overruled under circumstances where life, health, property, or welfare of the public is endangered.

 

(d)       Licensees or firms shall be objective and truthful in professional reports, statements, or testimony. They shall include all relevant and pertinent information in such reports, statements, or testimony.

 

(e)       Licensees or firms shall express a professional opinion publicly only when it is founded upon on adequate knowledge of the facts and a competent evaluation of the subject matter.

 

(f)        Licensees or firms shall issue no statements, criticisms, or arguments on technical matters which arc inspired or paid for by interested parties, unless they explicitly identify the interested parties on whose behalf they are speaking, and reveal any interest they have in the matters.

 

(g)       Licensees or firms shall not permit the use of their name or firm name by, nor associate in the business ventures with, any person or firm who is engaging in fraudulent or dishonest business or professional practices.

 

(h)       Licensees or firms having knowledge of possible violations of any of these “Rules of Professional Conduct” shall provide the Board information and assistance necessary to the final determination of such violation.

 

History: Adopted 36 Com. Reg. 35406 (Aug. 28, 2014); Proposed 36 Com. Reg. 35038 (May 28, 2014).

 

Commission Comment: The Commission corrected “firm” to “firms” in subsections (g) and (h) pursuant to 1 CMC § 3806(g).

 

§ 125-20.2-010           Licensee’s/Firm’s Obligation to Employer and Clients

 

(a)       Licensees or firms shall undertake assignments only when qualified by education or experience in the specific technical fields of architecture, engineering, land surveying, or landscape architecture involved.

 

(b)       Licensees or firms shall not affix their signatures or seals to any plans or documents dealing with subject matter in which they lack competence, nor to any such plan or document not prepared under their direct control and personal supervision.

 

(c)       Licensees or firms may accept assignments for coordination of an entire project, provided that each design segment is signed and sealed by the licensee responsible for preparation of that design segment.

 

(d)       Licensees or firms shall not reveal facts, data, or information obtained in a professional capacity without the prior consent of the client or employer as authorized or required by law.

 

(e)       Licensees or firms shall not solicit or accept financial or other valuable consideration, directly or indirectly from contractors, their agents, or other parties in connection with work for employers and clients.

 

(f)        Licensees or firm shall make full prior disclosures to their employers or clients of potential conflicts of interest or other circumstances which could influence or appear to influence their judgment or the quality of their services.

 

(g)       Licensees or firms shall not accept compensation, financial or otherwise, from more than one party for services pertaining to the same project, unless the circumstances are fully disclosed and agreed to by all interested parties.

 

(h)       Licensees or firms shall not solicit or accept a professional contract from a government body on which a principal or officer of their organization serves as a member. Conversely, licensees serving as members, advisors, or employees of a government body or department, who are the principals or employees of a private concern, shall not participate in decisions with respect to professional services offered or provided by said concern to the government body which they serve.

 

History: Adopted 36 Com. Reg. 35406 (Aug. 28, 2014); Proposed 36 Com. Reg. 35038 (May 28, 2014).

 

Commission Comment: The Commission corrected “firm” to “firms” throughout the regulation, corrected “contractor” to “contractors” in subsection (e), and added a comma after the word “surveying” in subsection (a) pursuant to 1 CMC § 3806(g).

 

§ 125-20.2-015           Licensee’s/Firm’s Obligation to Other Licensees/Firms

 

(a)       Licensees shall not falsify or permit misrepresentation of their or their associates’ academic or professional qualification. They shall not misrepresent or exaggerate neither their degree of responsibility in prior assignments nor the complexity of said assignments. Presentations incident to the solicitation of employment or business shall not misrepresent pertinent facts concerning employers, employees, associates, joint ventures, or past accomplishments.

 

(b)       Licensees or firms shall not offer, give, solicit, or receive, either directly or indirectly, any commission or gift, or other valuable consideration in order to secure work, and shall not make any political contribution with the intent to influence the award of a contract by public authority.

 

(c)       Licensees or firms shall not attempt to injure, maliciously or falsely, directly or indirectly, the professional reputation, prospects, practice, or employment of other licensees or firms, nor indiscriminately criticize other licensees’ or firms’ work.

 

History: Adopted 36 Com. Reg. 35406 (Aug. 28, 2014); Proposed 36 Com. Reg. 35038 (May 28, 2014).

 

Commission Comment: The Commission corrected “firm” to “firms” in subsections (a) and (c), inserted commas after the words “ventures” in subsection (a) and “practice” in subsection (c), and corrected the placement of apostrophes in subsection (c) pursuant to 1 CMC § 3806(g).

 

Part 100 -       Competence

 

§ 125-20.2-101           Reasonable and Ordinary Care and Skill

 

In the practice of engineering, architecture, land surveying and landscape architecture a sole practitioner, partnership, association, corporation or joint venture shall act with reasonable care and competence, and shall apply the technical knowledge and skill which is ordinarily applied by licensed engineers, architects, land surveyors and landscape architects of good standing, practicing in the same locality.

 

History: Amdts Adopted 21 Com. Reg. 16798 (May 19, 1999); Amdts Proposed 21 Com. Reg. 16611 (Mar. 18, 1999); Amdts Adopted 17 Com. Reg. 13666 (Aug. 16, 1995); Amdts Proposed 17 Com. Reg. 13321 (May 15, 1995); Adopted 12 Com. Reg. 6846 (Mar. 15, 1990); Proposed 11 Com. Reg. 6573 (Oct. 15, 1989).

 

Commission Comment: The Commission created the section titles in part 100.

 

§ 125-20.2-105           Advice from Other Professionals

 

In designing a project, an engineer, architect, land surveyor, or landscape architect shall take into account all applicable federal, Commonwealth, and municipal laws or regulations. While the engineer, architect, land surveyor, or landscape architect may rely on the advice of other professionals (e.g., attorneys, consultants, and other qualified persons) as to the intent and meaning of such laws and regulations, once having obtained such advice, an engineer, architect, land surveyor, or landscape architect shall not knowingly design a project in violation of such laws and regulations.

 

History: Amdts Adopted 21 Com. Reg. 16798 (May 19, 1999); Amdts Proposed 21 Com. Reg. 16611 (Mar. 18, 1999); Amdts Adopted 17 Com. Reg. 13666 (Aug. 16, 1995); Amdts Proposed 17 Com. Reg. 13321 (May 15, 1995); Adopted 12 Com. Reg. 6846 (Mar. 15, 1990); Proposed 11 Com. Reg. 6573 (Oct. 15, 1989).

 

Commission Comment: The Commission inserted commas after the words “surveyor” and “Commonwealth” pursuant to 1 CMC § 3806(g).

 

§ 125-20.2-110           Proper Qualifications Required

 

An engineer, architect, land surveyor, or landscape architect shall undertake to perform professional services only when he or she, together with those whom the engineer, architect, land surveyor, or landscape architect may engage as consultants, are qualified by education, training and experience in the specific technical areas involved.

 

History: Amdts Adopted 21 Com. Reg. 16798 (May 19, 1999); Amdts Proposed 21 Com. Reg. 16611 (Mar. 18, 1999); Amdts Adopted 17 Com. Reg. 13666 (Aug. 16, 1995); Amdts Proposed 17 Com. Reg. 13321 (May 15, 1995); Adopted 12 Com. Reg. 6846 (Mar. 15, 1990); Proposed 11 Com. Reg. 6573 (Oct. 15, 1989).

 

Commission Comment: The Commission inserted a comma after the word “training” pursuant to 1 CMC § 3806(g).

 

§ 125-20.2-115           Mental or Physical Impairment

 

No person shall be permitted to practice engineering, architecture, land surveying, or landscape architecture if, in the Board’s judgment, such person’s professional competence is substantially impaired by physical or mental disabilities.

 

History: Amdts Adopted 21 Com. Reg. 16798 (May 19, 1999); Amdts Proposed 21 Com. Reg. 16611 (Mar. 18, 1999); Amdts Adopted 17 Com. Reg. 13666 (Aug. 16, 1995); Amdts Proposed 17 Com. Reg. 13321 (May 15, 1995); Adopted 12 Com. Reg. 6846 (Mar. 15, 1990); Proposed 11 Com. Reg. 6573 (Oct. 15, 1989).

 

Commission Comment: The Commission corrected the spelling of the word “judgment” pursuant to 1 CMC § 3806(g).

 

Part 200 -       Conflict of Interest

 

§ 125-20.2-201           Compensation from More than One Party

 

An engineer, architect, land surveyor, or landscape architect shall not accept compensation for his or her services from more than one party on a project unless the circumstances are fully disclosed to and agreed to (such disclosure and agreement to be in writing) by all interested parties.

 

History: Amdts Adopted 21 Com. Reg. 16798 (May 19, 1999); Amdts Proposed 21 Com. Reg. 16611 (Mar. 18, 1999); Amdts Adopted 17 Com. Reg. 13666 (Aug. 16, 1995); Amdts Proposed 17 Com. Reg. 13321 (May 15, 1995); Adopted 12 Com. Reg. 6846 (Mar. 15, 1990); Proposed 11 Com. Reg. 6573 (Oct. 15, 1989).

 

Commission Comment: The Commission created the section titles in part 200.

 

§ 125-20.2-205           Compensation for Endorsement of Products

 

An engineer, architect, land surveyor, or landscape architect shall not solicit or accept compensation from material or equipment suppliers in return for specifying or endorsing their products.

 

History: Amdts Adopted 21 Com. Reg. 16798 (May 19, 1999); Amdts Proposed 21 Com. Reg. 16611 (Mar. 18, 1999); Amdts Adopted 17 Com. Reg. 13666 (Aug. 16, 1995); Amdts Proposed 17 Com. Reg. 13321 (May 15, 1995); Adopted 12 Com. Reg. 6846 (Mar. 15, 1990); Proposed 11 Com. Reg. 6573 (Oct. 15, 1989).

 

§ 125-20.2-210           Impartial Decisions on Contracts

 

When acting as the interpreter of construction contract documents and the judge of contract performance, an engineer, architect, land surveyor, or landscape architect shall render decisions impartially, favoring neither party to the contract.

 

Modified, 1 CMC § 3806(g).

 

History: Amdts Adopted 21 Com. Reg. 16798 (May 19, 1999); Amdts Proposed 21 Com. Reg. 16611 (Mar. 18, 1999); Amdts Adopted 17 Com. Reg. 13666 (Aug. 16, 1995); Amdts Proposed 17 Com. Reg. 13321 (May 15, 1995); Adopted 12 Com. Reg. 6846 (Mar. 15, 1990); Proposed 11 Com. Reg. 6573 (Oct. 15, 1989).

 

Commission Comment: The Commission corrected the spelling of “performance.”

 

§ 125-20.2-215           Financial Conflict of Interest

 

If an engineer, architect, land surveyor, or landscape architect has any business association or direct or indirect financial interest which is substantial enough to influence his or her judgment in connection with performance of professional services, the engineer, architect, land surveyor, or landscape architect shall fully disclose in writing to his or her client or employer the nature of the business association or financial interest, and if the client or employer objects to such association or financial interest, the engineer, architect, land surveyor, or landscape architect will either terminate such association or interest or offer to give up the commission or employment.

 

History: Amdts Adopted 21 Com. Reg. 16798 (May 19, 1999); Amdts Proposed 21 Com. Reg. 16611 (Mar. 18, 1999); Amdts Adopted 17 Com. Reg. 13666 (Aug. 16, 1995); Amdts Proposed 17 Com. Reg. 13321 (May 15, 1995).

 

§ 125-20.2-220           Members of Governmental Bodies

 

The engineer, architect, land surveyor, or landscape architect shall not solicit or accept a professional contract from a governmental body on which a principal or officer of their organization serves as a member. Engineers, architects, land surveyors, or landscape architects serving as members, advisors, or employees of a governmental body or department, who are the principals or employees of a private company, shall not participate in decisions with respect to professional services offered or provided by said company to the governmental body which they serve.

 

History: Amdts Adopted 21 Com. Reg. 16798 (May 19, 1999); Amdts Proposed 21 Com. Reg. 16611 (Mar. 18, 1999); Amdts Adopted 17 Com. Reg. 13666 (Aug. 16, 1995); Amdts Proposed 17 Com. Reg. 13321 (May 15, 1995).

 

Part 300 -       Full Disclosure

 

§ 125-20.2-301           Compensation for Statements; Disclosure

 

An engineer, architect, land surveyor, or landscape architect, making public statements on engineering, architectural, land surveying, or landscape architecture questions, shall disclose when he or she is being compensated for making such statements.

 

History: Amdts Adopted 21 Com. Reg. 16798 (May 19, 1999); Amdts Proposed 21 Com. Reg. 16611 (Mar. 18, 1999); Amdts Adopted 17 Com. Reg. 13666 (Aug. 16, 1995); Amdts Proposed 17 Com. Reg. 13321 (May 15, 1995); Adopted 12 Com. Reg. 6846 (Mar. 15, 1990); Proposed 11 Com. Reg. 6573 (Oct. 15, 1989).

 

Commission Comment: The Commission created the section titles in part 300. The Commission inserted a comma after the word “surveying” pursuant to 1 CMC § 3806(g).

 

§ 125-20.2-305           Representation of Qualifications and Responsibility

 

An engineer, architect, land surveyor, or landscape architect shall accurately represent to a prospective or existing client or employer his or her qualifications and the scope of his or her responsibility in connection with work for which he or she is claiming credit.

 

History: Amdts Adopted 21 Com. Reg. 16798 (May 19, 1999); Amdts Proposed 21 Com. Reg. 16611 (Mar. 18, 1999); Amdts Adopted 17 Com. Reg. 13666 (Aug. 16, 1995); Amdts Proposed 17 Com. Reg. 13321 (May 15, 1995); Adopted 12 Com. Reg. 6846 (Mar. 15, 1990); Proposed 11 Com. Reg. 6573 (Oct. 15, 1989).

 

§ 125-20.2-310           Violations of Regulations; Public Safety

 

If, in the course of his or her work on a project, an engineer, architect, land surveyor, or landscape architect becomes aware of a decision taken by his or her employer or client, against the engineer’s, architect’s, land surveyor’s, or landscape architect’s advice, which violates applicable federal, Commonwealth, or municipal or regulations* and which will, in the engineer’s, architect’s, land surveyor’s, or landscape architect’s judgment, materially affect adversely the safety to the public of the finished project, the engineer, architect, land surveyor, or landscape architect shall:

 

(a)       Report the decision to the Building Official or other public official charged with enforcement of the applicable federal, Commonwealth, or municipal building laws or regulations; and

 

(b)       Refuse to consent to the decision; and

 

(c)       In circumstances where the engineer, architect, land surveyor, or landscape architect reasonably believes that other such decisions will be taken notwithstanding his objection, terminate his services with reference to the project. In the case of a termination in accordance with this subsection, the engineer, architect, land surveyor, or landscape architect shall have no liability to his or her client or employer on account of such termination.

 

Modified, 1 CMC § 3806(d), (f).

 

History: Amdts Adopted 21 Com. Reg. 16798 (May 19, 1999); Amdts Proposed 21 Com. Reg. 16611 (Mar. 18, 1999); Amdts Adopted 17 Com. Reg. 13666 (Aug. 16, 1995); Amdts Proposed 17 Com. Reg. 13321 (May 15, 1995); Adopted 12 Com. Reg. 6846 (Mar. 15, 1990); Proposed 11 Com. Reg. 6573 (Oct. 15, 1989).

 

Commission Comment: The starred phrase should probably read “laws or regulations.” Compare 17 Com. Reg. at 13326 (May 15, 1995) and 21 Com. Reg. at 16617 (Mar. 18, 1999).

 

The Commission inserted commas after the word “Commonwealth” in the opening paragraph and subsection (a) pursuant to 1 CMC § 3806(g). The Commission corrected the spelling of the word “judgment” in the opening paragraph pursuant to 1 CMC § 3806(g).

 

§ 125-20.2-315           Information Requested by the Board

 

An engineer, architect, land surveyor, or landscape architect shall not deliberately make a false statement or deliberately fail to disclose accurately and completely any and all information requested in connection with his or her application for licensure or renewal or renewal or otherwise lawfully requested by the Board.

 

Modified, 1 CMC § 3806(f).

 

History: Amdts Adopted 21 Com. Reg. 16798 (May 19, 1999); Amdts Proposed 21 Com. Reg. 16611 (Mar. 18, 1999); Amdts Adopted 17 Com. Reg. 13666 (Aug. 16, 1995); Amdts Proposed 17 Com. Reg. 13321 (May 15, 1995); Adopted 12 Com. Reg. 6846 (Mar. 15, 1990); Proposed 11 Com. Reg. 6573 (Oct. 15, 1989).

 

§ 125-20.2-320           Unqualified Applicants for Licensure

 

An engineer, architect, land surveyor, or landscape architect shall not assist the application for licensure of a person known by the engineer, architect, land surveyor, or landscape architect to be unqualified in respect to education, training, experience, or character.

 

History: Amdts Adopted 21 Com. Reg. 16798 (May 19, 1999); Amdts Proposed 21 Com. Reg. 16611 (Mar. 18, 1999); Amdts Adopted 17 Com. Reg. 13666 (Aug. 16, 1995); Amdts Proposed 17 Com. Reg. 13321 (May 15, 1995); Adopted 12 Com. Reg. 6846 (Mar. 15, 1990); Proposed 11 Com. Reg. 6573 (Oct. 15, 1989).

 

Commission Comment: The Commission inserted a comma after the word “experience” pursuant to 1 CMC § 3806(g).

 

§ 125-20.2-325           Duty to Disclose Violations

 

An engineer, architect, land surveyor, or landscape architect possessing knowledge of a violation of the licensing law, regulations, or rules by another engineer, architect, land surveyor, or landscape architect shall immediately report such knowledge to the Board.

 

History: Amdts Adopted 21 Com. Reg. 16798 (May 19, 1999); Amdts Proposed 21 Com. Reg. 16611 (Mar. 18, 1999); Amdts Adopted 17 Com. Reg. 13666 (Aug. 16, 1995); Amdts Proposed 17 Com. Reg. 13321 (May 15, 1995); Adopted 12 Com. Reg. 6846 (Mar. 15, 1990); Proposed 11 Com. Reg. 6573 (Oct. 15, 1989).

 

Commission Comment: The Commission inserted a comma after the word “regulations” pursuant to 1 CMC § 3806(g).

 

§ 125-20.2-330           Association with Persons Engaged in Fraudulent or Dishonest Practices

 

An engineer, architect, land surveyor, or landscape architect shall not knowingly associate with, or permit the use of his or her name in a business venture by any person or firm which he or she knows, or should know or has reason to believe, is engaging in business or professional practices of a fraudulent or dishonest or unprofessional nature.

 

History: Amdts Adopted 21 Com. Reg. 16798 (May 19, 1999); Amdts Proposed 21 Com. Reg. 16611 (Mar. 18, 1999); Amdts Adopted 17 Com. Reg. 13666 (Aug. 16, 1995); Amdts Proposed 17 Com. Reg. 13321 (May 15, 1995).

 

Part 400 -       Compliance with Laws

 

§ 125-20.2-401           Knowing Violations

 

An engineer, architect, land surveyor, or landscape architect shall not, in the conduct of his or her practice, knowingly violate any federal or Commonwealth law(s), rule(s), or regulation(s).

 

History: Amdts Adopted 21 Com. Reg. 16798 (May 19, 1999); Amdts Proposed 21 Com. Reg. 16611 (Mar. 18, 1999); Amdts Adopted 17 Com. Reg. 13666 (Aug. 16, 1995); Amdts Proposed 17 Com. Reg. 13321 (May 15, 1995); Adopted 12 Com. Reg. 6846 (Mar. 15, 1990); Proposed 11 Com. Reg. 6573 (Oct. 15, 1989).

 

Commission Comment: The Commission created the section titles in part 400. The Commission inserted a comma after the word “rule(s)” pursuant to 1 CMC § 3806(g).

 

§ 125-20.2-405           Influencing Government Officials

 

An engineer, architect, land surveyor, or landscape architect shall neither offer nor make any payment or gift to a government official, whether elected or appointed, with the intent of influencing the official’s judgment or contrary to the CNMI Ethics Act, (1 CMC §§ 8501, et seq.) in connection with a prospective or existing project in which the engineer, architect, land surveyor, or landscape architect is interested.

 

History: Amdts Adopted 21 Com. Reg. 16798 (May 19, 1999); Amdts Proposed 21 Com. Reg. 16611 (Mar. 18, 1999); Amdts Adopted 17 Com. Reg. 13666 (Aug. 16, 1995); Amdts Proposed 17 Com. Reg. 13321 (May 15, 1995); Adopted 12 Com. Reg. 6846 (Mar. 15, 1990); Proposed 11 Com. Reg. 6573 (Oct. 15, 1989).

 

§ 125-20.2-410           Violations in Other Jurisdictions

 

An engineer, architect, land surveyor, or landscape architect shall comply with the licensure laws and regulations governing his or her professional practice in the Commonwealth or any United States jurisdiction. An engineer, architect, land surveyor, or landscape architect may after appropriate notice and hearing, if any, be subject to disciplinary action if, based on ground substantially similar to those which lead to disciplinary action in the Commonwealth, the engineer, architect, land surveyor, or landscape architect is disciplined in any other U.S. jurisdiction.

 

Modified, 1 CMC § 3806(f).

 

History: Amdts Adopted 21 Com. Reg. 16798 (May 19, 1999); Amdts Proposed 21 Com. Reg. 16611 (Mar. 18, 1999); Amdts Adopted 17 Com. Reg. 13666 (Aug. 16, 1995); Amdts Proposed 17 Com. Reg. 13321 (May 15, 1995); Adopted 12 Com. Reg. 6846 (Mar. 15, 1990); Proposed 11 Com. Reg. 6573 (Oct. 15, 1989).

 

§ 125-20.2-415           Fair Labor Practices; Discrimination

 

An employer engaged in the practice of architecture, engineering, land surveying, or landscape architecture shall fully comply with any and all applicable federal or Commonwealth law(s), or rule(s) or regulation(s) protecting the rights of persons working for the employer with respect to fair labor standards or with respect to maintaining a work place free of discrimination. For purposes of this rule, any licensed engineer, architect, land surveyor, or landscape architect employed by a firm engaged in the practice of engineering, architecture, land surveying, or landscape architecture who is in charge of the firm’s practices, shall be deemed to have violated this rule if the firm has violated this rule.

 

History: Amdts Adopted 21 Com. Reg. 16798 (May 19, 1999); Amdts Proposed 21 Com. Reg. 16611 (Mar. 18, 1999).

 

Part 500 -       Professional Conduct

 

§ 125-20.2-501           Resident Registered Engineer, Architect, Land Surveyor, or Landscape Architect

 

Each office maintained for the preparation of drawings, specifications, reports, or other professional work shall have a resident registered engineer, architect, land surveyor, or landscape architect, as the case may be, regularly employed in that office having direct knowledge and supervisory control of such work.

 

History: Amdts Adopted 21 Com. Reg. 16798 (May 19, 1999); Amdts Proposed 21 Com. Reg. 16611 (Mar. 18, 1999); Amdts Adopted 17 Com. Reg. 13666 (Aug. 16, 1995); Amdts Proposed 17 Com. Reg. 13321 (May 15, 1995); Adopted 12 Com. Reg. 6846 (Mar. 15, 1990); Proposed 11 Com. Reg. 6573 (Oct. 15, 1989).

 

Commission Comment: The Commission created the section titles in part 500.

 

§ 125-20.2-505           Signature and Seal

 

An engineer, architect, land surveyor, or landscape architect shall not sign or seal drawings, specifications, reports, or other professional work which was not prepared by or under the direct supervision of the engineer, architect, land surveyor, or landscape architect; except that he or she may sign or seal those portions of the professional work that were prepared by or under the direct supervision of persons licensed to practice in the Commonwealth if the engineer, architect, land surveyor, or landscape architect has reviewed in whole or in part such portions and has either coordinated their preparation or integrated them into his or her work and intends to be responsible for its adequacy.

 

History: Amdts Adopted 21 Com. Reg. 16798 (May 19, 1999); Amdts Proposed 21 Com. Reg. 16611 (Mar. 18, 1999); Amdts Adopted 17 Com. Reg. 13666 (Aug. 16, 1995); Amdts Proposed 17 Com. Reg. 13321 (May 15, 1995); Adopted 12 Com. Reg. 6846 (Mar. 15, 1990); Proposed 11 Com. Reg. 6573 (Oct. 15, 1989).

 

§ 125-20.2-510           Gifts to Prospective Clients

 

An engineer, architect, land surveyor, or landscape architect shall neither offer nor make any gifts, other than gifts of nominal value, including for example, reasonable entertainment and hospitality, with the intent of influencing the judgment of an existing or prospective client in connection with a project in which the engineer, architect, land survey, or landscape architect is interested.

 

History: Amdts Adopted 21 Com. Reg. 16798 (May 19, 1999); Amdts Proposed 21 Com. Reg. 16611 (Mar. 18, 1999); Amdts Adopted 17 Com. Reg. 13666 (Aug. 16, 1995); Amdts Proposed 17 Com. Reg. 13321 (May 15, 1995); Adopted 12 Com. Reg. 6846 (Mar. 15, 1990); Proposed 11 Com. Reg. 6573 (Oct. 15, 1989).

 

§ 125-20.2-515           Fraud; Willful Disregard of Others

 

An engineer, architect, land surveyor, or landscape architect shall not engage in conduct involving fraud or willful or wanton disregard of others.

 

History: Amdts Adopted 21 Com. Reg. 16798 (May 19, 1999); Amdts Proposed 21 Com. Reg. 16611 (Mar. 18, 1999); Amdts Adopted 17 Com. Reg. 13666 (Aug. 16, 1995); Amdts Proposed 17 Com. Reg. 13321 (May 15, 1995); Adopted 12 Com. Reg. 6846 (Mar. 15, 1990); Proposed 11 Com. Reg. 6573 (Oct. 15, 1989).

 

§ 125-20.2-520           Injury to Professional Reputation

 

An engineer, architect, land surveyor, or landscape architect shall not attempt to or injure, maliciously or falsely, directly or indirectly, the professional reputation, prospects, practice, or employment of another engineer, architect, land surveyor, or landscape architect nor indiscriminately criticize other engineer’s, architect’s, land surveyor’s, or landscape architect’s work.

 

History: Amdts Adopted 21 Com. Reg. 16798 (May 19, 1999); Amdts Proposed 21 Com. Reg. 16611 (Mar. 18, 1999); Amdts Adopted 17 Com. Reg. 13666 (Aug. 16, 1995); Amdts Proposed 17 Com. Reg. 13321 (May 15, 1995).

 

Part 600 -       Solicitation of Work

 

§ 125-20.2-601           Solicitation Consistent with Applicable Law

 

An engineer, architect, land surveyor, or landscape architect shall seek professional employment on the basis of qualification and competence for proper accomplishment of the work and shall charge a professional fee for all professional services rendered. It is a policy of the federal government to publicly announce all requirements for architectural and engineering services, and to negotiate contracts for architectural and engineering services on the basis of demonstrated competence and qualification for the type of professional services required and at fair and reasonable prices (the Brooks Architect-Engineers Act of 1972). Solicitation of professional employment in the CNMI shall be consistent with applicable CNMI law(s), rule(s), and regulation(s) including but not limited to, government procurement regulations.

 

Modified, 1 CMC § 3806(f).

 

History: Amdts Adopted 21 Com. Reg. 16798 (May 19, 1999); Amdts Proposed 21 Com. Reg. 16611 (Mar. 18, 1999); Amdts Adopted 17 Com. Reg. 13666 (Aug. 16, 1995); Amdts Proposed 17 Com. Reg. 13321 (May 15, 1995).

 

Commission Comment: The Commission created the section titles in part 600. The Commission inserted a comma after the word “rule(s)” pursuant to 1 CMC § 3806(g).

 

§ 125-20.2-605           Misrepresentation of Qualifications and Experience in Solicitation of Business

 

The engineer, architect, land surveyor, or landscape architect shall not falsify or permit misrepresentation of his or her, or his or her associates’ academic or professional qualifications. He or she shall not misrepresent or exaggerate his or her degree of responsibility in or for the subject matter of prior assignments. Brochures or other presentations incident to the solicitation of employment shall not misrepresent pertinent facts concerning employers, employees, associates, joint ventures, or his, her or their past accomplishments with the intent and purpose of enhancing his or her qualifications and his or her work.

 

History: Amdts Adopted 21 Com. Reg. 16798 (May 19, 1999); Amdts Proposed 21 Com. Reg. 16611 (Mar. 18, 1999); Amdts Adopted 17 Com. Reg. 13666 (Aug. 16, 1995); Amdts Proposed 17 Com. Reg. 13321 (May 15, 1995).


 

 

CHAPTER 125-30

HARBOR PILOTS LICENSURE REGULATIONS

 

Chapter Authority: 4 CMC §§ 3105 and 3108.

 

Chapter History: Amdts Adopted 18 Com. Reg. 14658 (Nov. 15, 1996); Amdts Proposed 18 Com. Reg. 14289 (Aug. 15, 1996); Amdts Adopted 16 Com. Reg. 12677 (Dec. 15, 1994); Amdts Proposed 16 Com. Reg. 11828 (Apr. 15, 1994); Amdts Certified 14 Com. Reg. 8658 (Jan. 15, 1992); Amdts Adopted 13 Com. Reg. 7700 (May 15, 1991); Amdts Proposed 13 Com. Reg. 7638 (Feb. 15, 1991); Certified 14 Com. Reg. 8657 (Jan. 15, 1992); Adopted 12 Com. Reg. 7449 (Nov. 15, 1990); Proposed 12 Com. Reg. 7170 (July 15, 1990).

 

Commission Comment: PL 1-8, ch. 5 (effective Aug. 10, 1978), codified as amended at 4 CMC §§ 3101-3110, created the Board of Professional Licensing, a regulatory board within the Commonwealth government.

 

Executive Order 94-3 (effective August 23, 1994) reorganized the Commonwealth government executive branch, changed agency names and official titles and effected numerous other revisions. According to Executive Order 94-3 § 304(c):

 

Section 304. Department of Public Works.

(c)          Board of Professional Licensing. The Board of Professional Licensing is abolished and its functions transferred to a Division of Professional Licensing in the Department of Public Works, which shall have at its head a Director of Professional Licensing.

 

The full text of Executive Order 94-3 is set forth in the commission comment to 1 CMC § 2001.

 

PL 11-99, the “Board of Professional Licensing Amendments Act of 1998,” codified at 4 CMC §§ 3101-3221, took effect on September 21, 1999. PL 11-99 reenacted 4 CMC §§ 3101-3110 with numerous revisions. PL 11-99 § 3 (§ 3101), 4 CMC § 3101, reestablished the Board as a regulatory board “within the Commonwealth government.” The Board is authorized to issue licenses to the professions enumerated in PL 11-99 § 3 (§ 3105), 4 CMC § 3105. PL 11-99 § 3 (§ 3108), 4 CMC § 3108, empowers the Board to adopt rules and regulations to implement the act including rules and regulations to establish credentialing criteria and standards regarding licensing or authorization to practice a profession over which the Board has jurisdiction.

 

After the enactment of PL 11-99, the Attorney General issued an opinion finding that jurisdiction to license harbor pilots rests with the Commonwealth Ports Authority. The Commonwealth Ports Authority issued amendments to the Harbor Regulations on September 20, 2000 that provide for the licensure of harbor pilots. See 22 Com. Reg. 17470 (Sept. 20, 2000); 22 Com. Reg. 17236 (May 19, 2000); see also NMIAC, title 40, subchapter 20.1, part 400. Those regulations supersede the 1996 Board of Professional Licensing Harbor Pilot Licensure Regulations. See 22 Com. Reg. at 17242 (May 19, 2000).

 

[Superseded by later regulation of the Commonwealth Ports Authority.]


 

CHAPTER 125-40

REAL PROPERTY APPRAISERS REGULATIONS

 


Part 001          General Provisions

§ 125-40-001  Purpose

§ 125-40-005  Intent and Effect

§ 125-40-010  Authority

§ 125-40-015  Definitions

§ 125-40-020  Powers and Duties of the Board

 

Part 100          Requirements for Licensure

§ 125-40-101  Requirements for Licensure

§ 125-40-105  General Requirements

§ 125-40-110  Requirements for Real Property Appraiser, Federally Related Transactions

§ 125-40-115  Real Property Appraiser Classifications

§ 125-40-120  Approved Course Providers

§ 125-40-125  Continuing Education (CE)

 

Part 200          Appraisers; Non-federally Related Transactions

§ 125-40-201  Education/Experience Requirements for Non-Federally Related Transactions

 

Part 300          Application

§ 125-40-301  Application for Licensure

§ 125-40-305  Supporting Documents Required

§ 125-40-310  Reputation for Honesty, Truthfulness, Fairness, and Financial Integrity

§ 125-40-315  Issuance of License

§ 125-40-320  License

§ 125-40-325  Filing of Current Address

§ 125-40-330  Responsibility of Applicant to Furnish Information and Documentation

§ 125-40-335  Signing and Verification of Application

§ 125-40-340  Application for Temporary Practice

§ 125-40-345  Application for Certified Real Property Appraiser, Federally Related Transactions from Licensed Real Property Appraiser, Federally Related Transaction

§ 125-40-350  Criminal Conviction

§ 125-40-355  Denial or Rejection of Application

§ 125-40-360  Term

 

Part 400          Temporary Practice

§ 125-40-401  Temporary License

§ 125-40-405  Requirements

 

Part 500          Renewal

§ 125-40-501  Date of Filing for Renewal

§ 125-40-505  Failure to Renew

§ 125-40-510  Reinstatement of an Invalid License

§ 125-40-515  Board May Refuse to Renew or Reinstate License

§ 125-40-520  Inactive Status

§ 125-40-525  Requirements to Reactivate

 

Part 600          Scope of Appraisers

§ 125-40-601  Supervision of Appraiser Trainees

§ 125-40-605  Use of Terms “Licensed Appraiser” and “Certified Appraiser”

§ 125-40-610  Real Estate-related Financial Transactions Not Requiring Appraisal by a Licensed or Certified Appraiser

§ 125-40-615  Non-applicability to Real Estate Brokers or Real Estate Salespersons

 

Part 700          Appraisal Standards

§ 125-40-701  Appraisal Standards for Federally Related Real Property Transactions

§ 125-40-705  Signature on Appraisal Reports

§ 125-40-710  Records and Appraisal Report Retention Requirement

 

Part 800          Miscellaneous Provisions

§ 125-40-801  Advertising Practices

§ 125-40-805  Grounds for Disciplinary Action

§ 125-40-807  Disciplinary Proceedings

§ 125-40-809  Disciplinary Action

§ 125-40-810  Reinstatement of License

§ 125-40-815  Unauthorized Practice as an Appraiser

§ 125-40-820  Publication of Roster

§ 125-40-825  Fees


 

Chapter Authority: 4 CMC §§ 3105 and 3108 (2004).

 

Chapter History: Amdts Adopted 37 Com. Reg. 36538 (May 28, 2015); Amdts Proposed 37 Com. Reg. 36022 (Feb. 28, 2015); Amdts Adopted 36 Com. Reg. 34927 (Apr. 28, 2014); Amdts Proposed 36 Com. Reg. 34795 (Feb. 28, 2014); Amdts Adopted 35 Com. Reg. 34563 (Nov. 28, 2013); Amdts Proposed 35 Com. Reg. 34185 (Aug. 28, 2013); Amdts Adopted 33 Com. Reg. 31574 (May 23, 2011); Amdts Proposed 33 Com. Reg. 31539 (Apr. 21, 2011); Amdts Adopted 32 Com. Reg. 30598 (Aug. 16, 2010); Amdts Proposed 32 Com. Reg. 30558 (July 15, 2010); Amdts Adopted 32 Com. Reg. 30060 (Feb. 19, 2010); Amdts Proposed 31 Com. Reg. 29997 (Dec. 22, 2009); Amdts Adopted 31 Com. Reg. 29772 (Aug. 27, 2009); Amdts Proposed 31 Com. Reg. 29647 (June 22, 2009); Amdts Adopted 29 Com. Reg. 27940 (Dec. 18, 2007); Amdts Proposed 29 Com. Reg. 26805 (Sept. 27, 2007); Amdts Adopted 29 Com. Reg. 26431 (Feb. 15, 2007); Amdts Proposed 28 Com. Reg. 26326 (Nov. 30, 2006); Amdts Adopted 27 Com. Reg. 24627 (June 20, 2005); Amdts Proposed 27 Com. Reg. 23926 (Feb. 17, 2005); Amdts Proposed 26 Com. Reg. 22873 (Aug. 26, 2004);** Amdts Proposed 26 Com. Reg. 22845 (July 26, 2004); Amdts Adopted 25 Com. Reg. 20077 (Mar. 31, 2003); Amdts Proposed 24 Com. Reg. 19557 (Oct. 30, 2002); Amdts Adopted 21 Com. Reg. 17029 (Dec. 15, 1999); Amdts Proposed 21 Com. Reg. 16908 (Sept. 16, 1999); Amdts Adopted 21* Com. Reg. 16564 (Feb. 18, 1999); Amdts Proposed 20 Com. Reg. 16183 (Oct. 15, 1998); Amdts Adopted 19 Com. Reg. 14884 (Jan. 15, 1997); Amdts Proposed 18 Com. Reg. 14428 (Oct. 15, 1996); Amdts Adopted 16 Com. Reg. 12685 (Dec. 15, 1994); Amdts Proposed 16 Com. Reg. 12053 (June 15, 1994); Amdts Adopted 15 Com. Reg. 10780 (Aug. 15, 1993); Amdts Proposed 15 Com. Reg. 10684 (June 15, 1993); Amdts Adopted 15 Com. Reg. 10483 (Feb. 15, 1993); Amdts Proposed 14 Com. Reg. 9164 (Mar. 15, 1992); Amdts Proposed 14 Com. Reg. 8661 (Jan. 15, 1992); Adopted 13 Com. Reg. 8465 (Nov. 15, 1991); Proposed 13 Com. Reg. 8109 (Oct. 15, 1991); Proposed 13 Com. Reg. 7712 (June 15, 1991).

 

*The Commonwealth Register, volume 21, number 2, page 16564 is mislabeled as volume 20.

 

**As of June 2013, a notice of adoption for the August 2004 amendments had not been published.

 

Commission Comment: PL 1-8, ch. 5 (effective Aug. 10, 1978), formerly codified as amended at 4 CMC §§ 3101-3110, created the Board of Professional Licensing, a regulatory board within the Commonwealth government. See 4 CMC § 3101 (2004).

 

Executive Order 94-3 (effective August 23, 1994) reorganized the Commonwealth government executive branch, changed agency names and official titles and effected numerous other revisions. According to Executive Order 94-3 § 304(c):

 

Section 304. Department of Public Works.

(c)          Board of Professional Licensing. The Board of Professional Licensing is abolished and its functions transferred to a Division of Professional Licensing in the Department of Public Works, which shall have at its head a Director of Professional Licensing.

 

The full text of Executive Order 94-3 is set forth in the commission comment to 1 CMC § 2001.

 

PL 11-99, the “Board of Professional Licensing Amendments Act of 1998,” formerly codified at 4 CMC §§ 3101-3221, took effect on September 21, 1999. PL 11-99 reenacted 4 CMC §§ 3101-3110 with numerous revisions. PL 11-99 § 3 (§ 3101), 4 CMC § 3101 (2004), reestablished the Board as a regulatory board “within the Commonwealth government.” The Board was authorized to issue licenses to the professions enumerated in PL 11-99 § 3 (§ 3105), 4 CMC § 3105 (2004). PL 11-99 § 3 (§ 3108), 4 CMC § 3108 (2004), empowered the Board to adopt rules and regulations to implement the act including rules and regulations to establish credentialing criteria and standards regarding licensing or authorization to practice a profession over which the Board had jurisdiction.

 

PL 14-95 (effective Oct. 31, 2005), the “Board of Professional Licensing Amendments Act of 2005,” repealed and reenacted 4 CMC §§ 3101-3222 with extensive revisions. 4 CMC § 3102 reestablishes the Board of Professional Licensing with the power to license and regulate architects, engineers, land surveyors, landscape architects and real property appraisers and administer the act. 4 CMC § 3106 grants the Board the power to adopt regulations, rules of procedures and rules of professional conduct consistent with the act.

 

The June 2005 amendments re-promulgated and republished this chapter in its entirety. The Commission, therefore, cites the June 2005 amendments in the history sections throughout this chapter.

 

Public Law 15-77 (effective August 20, 2007) amends 4 CMC § 3214 regarding temporary licenses for real property appraisers. Section 2 of PL 15-77, codified at 4 CMC § 3214, authorizes the Board to grant temporary licenses provided that “such person is legally qualified and licensed or certified in another any United States or foreign jurisdiction and that his or her qualifications for obtaining the license meet those required requirements for licensure by this Board under 4 CMC § 3215(a) to (e).” The December 2007 amendments amended this chapter to conform with PL 15-77.

 

PL 17-39 (effective April 21, 2011), the “Board of Professional Licensing Amendments Act of 2010,” repealed and reenacted 4 CMC §§ 3101-3222 with extensive revisions. To the extent that these regulations conflict with the terms of PL 17-39, they are superseded.

 

Part 001 -       General Provisions

 

§ 125-40-001  Purpose

 

The purpose of the regulations in this chapter is to comply with applicable federal law, specifically the Financial Institutions Reform, Recovery and Enforcement Act of 1989, and federal institutions, as well as to protect the interests of land owners, financial institutions, appraisers and other interested persons in the Commonwealth of the Northern Mariana Islands (hereafter “CNMI or NMI”).

 

Modified, 1 CMC § 3806(d).

 

History: Amdts Adopted 27 Com. Reg. 24627 (June 20, 2005); Amdts Proposed 27 Com. Reg. 23926 (Feb. 17, 2005); Amdts Proposed 26 Com. Reg. 22873 (Aug. 26, 2004); Amdts Proposed 26 Com. Reg. 22845 (July 26, 2004); Amdts Adopted 25 Com. Reg. 20077 (Mar. 31, 2003); Amdts Proposed 24 Com. Reg. 19557 (Oct. 30, 2002); Amdts Adopted 21 Com. Reg. 16564 (Feb. 18, 1999); Amdts Proposed 20 Com. Reg. 16183 (Oct. 15, 1998); Amdts Adopted 19 Com. Reg. 14884 (Jan. 15, 1997); Amdts Proposed 18 Com. Reg. 14428 (Oct. 15, 1996); Amdts Adopted 16 Com. Reg. 12685 (Dec. 15, 1994); Amdts Proposed 16 Com. Reg. 12053 (June 15, 1994); Adopted 13 Com. Reg. 8465 (Nov. 15, 1991); Proposed 13 Com. Reg. 8109 (Oct. 15, 1991); Proposed 13 Com. Reg. 7712 (June 15, 1991).

 

Commission Comment: The 1994, 1997, February 1999 and 2003 amendments readopted the Real Property Appraisers Regulations in their entirety. The Commission, therefore, cites the 1994, 1997, 1999 and 2003 amendments in the history sections throughout this chapter, as appropriate.

 

The June 2005 amendments re-promulgated and republished this chapter in its entirety. The Commission, therefore, cites the June 2005 amendments in the history sections throughout this chapter.

 

§ 125-40-005  Intent and Effect

 

(a)       The receipt of a license from the CNMI Board of Professional Licensing does not permit a person to engage in business in the CNMI until such person has complied with any and all applicable laws, rules and regulations and secured all necessary licenses and permits for conducting business in the NMI. It is the intent of the regulations in this chapter to ensure high standards of professional competence for real property appraisers in the CNMI and to comply with applicable federal statutes and regulations.

 

(b)       Due to scarcity of qualified persons in the CNMI, it is the intent of these regulations to establish two classes of approved real property appraisers:

 

Non-Federally Related Transactions

Federally Related Transactions

Licensed Residential Real Property Appraiser, Non-Federally Related Transactions

Licensed Real Property Appraiser

Licensed General Real Property Appraiser, Non-Federally Related Transactions

Certified Residential Real Property Appraiser

 

Certified General Real Property Appraiser

 

(c)       The first class of appraisers will qualify to do appraisals in non-federally related real property transactions and will not qualify under federal law and these regulations to perform federally related real property transactions.

 

(d)       The second class of real property appraisers will qualify to perform appraisals in both federally related and non-federally related real property transactions, the difference between licensed and certified status being further defined.

 

Modified, 1 CMC § 3806(d), (f).

 

History: Amdts Adopted 36 Com. Reg. 34927 (Apr. 28, 2014); Amdts Proposed 36 Com. Reg. 34795 (Feb. 28, 2014); Amdts Adopted 27 Com. Reg. 24627 (June 20, 2005); Amdts Proposed 27 Com. Reg. 23926 (Feb. 17, 2005); Amdts Proposed 26 Com. Reg. 22873 (Aug. 26, 2004); Amdts Proposed 26 Com. Reg. 22845 (July 26, 2004); Amdts Adopted 25 Com. Reg. 20077 (Mar. 31, 2003); Amdts Proposed 24 Com. Reg. 19557 (Oct. 30, 2002); Amdts Adopted 21 Com. Reg. 16564 (Feb. 18, 1999); Amdts Proposed 20 Com. Reg. 16183 (Oct. 15, 1998); Amdts Adopted 19 Com. Reg. 14884 (Jan. 15, 1997); Amdts Proposed 18 Com. Reg. 14428 (Oct. 15, 1996); Amdts Adopted 16 Com. Reg. 12685 (Dec. 15, 1994); Amdts Proposed 16 Com. Reg. 12053 (June 15, 1994); Amdts Adopted 15 Com. Reg. 10483 (Feb. 15, 1993); Amdts Proposed 14 Com. Reg. 9164 (Mar. 15, 1992); Amdts Proposed 14 Com. Reg. 8661 (Jan. 15, 1992); Adopted 13 Com. Reg. 8465 (Nov. 15, 1991); Proposed 13 Com. Reg. 8109 (Oct. 15, 1991); Proposed 13 Com. Reg. 7712 (June 15, 1991).

 

Commission Comment: The original paragraphs were not designated. The Commission designated subsections (a) through (d).

 

The 1994 amendments amended subsections (b) through (d). The 1997 amendments amended subsection (b). The 1999 amendments amended subsections (a) through (d). The 2005 amendments amended subsection (a). The 2014 amendments amended subsection (b).

 

§ 125-40-010  Authority

 

The CNMI Board of Professional Licensing (hereafter “Board”) has the authority to regulate real property appraisers pursuant to 4 CMC § 3105 and § 3108.

 

Modified, 1 CMC § 3806(f).

 

History: Amdts Adopted 27 Com. Reg. 24627 (June 20, 2005); Amdts Proposed 27 Com. Reg. 23926 (Feb. 17, 2005); Amdts Proposed 26 Com. Reg. 22873 (Aug. 26, 2004); Amdts Proposed 26 Com. Reg. 22845 (July 26, 2004); Amdts Adopted 25 Com. Reg. 20077 (Mar. 31, 2003); Amdts Proposed 24 Com. Reg. 19557 (Oct. 30, 2002); Amdts Adopted 21 Com. Reg. 16564 (Feb. 18, 1999); Amdts Proposed 20 Com. Reg. 16183 (Oct. 15, 1998); Amdts Adopted 19 Com. Reg. 14884 (Jan. 15, 1997); Amdts Proposed 18 Com. Reg. 14428 (Oct. 15, 1996); Amdts Adopted 16 Com. Reg. 12685 (Dec. 15, 1994); Amdts Proposed 16 Com. Reg. 12053 (June 15, 1994); Adopted 13 Com. Reg. 8465 (Nov. 15, 1991); Proposed 13 Com. Reg. 8109 (Oct. 15, 1991); Proposed 13 Com. Reg. 7712 (June 15, 1991).

 

Commission Comment: In the 2007 amendments to this chapter, the phrase “pursuant to 4 CMC § 3105 and § 3108” was replaced by the phrase “pursuant to 4 CMC 3101 et seq., including 4 CMC 3107.” See 29 Com. Reg. at 26813 (Sept. 17, 2007). The Notice of Proposed Amendments did not note that this section was to be amended.

 

§ 125-40-015  Definitions

 

(a)       “Appraisal Foundation”. The Appraisal Foundation established on November 30, 1987, as a non-for-profit corporation under the laws of Illinois. The foundation is charged by Title XI with the responsibility of establishing, improving, and promoting minimum uniform appraisal standards and appraiser qualifications criteria.

 

(b)       “Appraisal Qualifications Board”. An independent board appointed by the Appraisal Foundation to establish criteria for licensing of appraisers.

 

(c)       “Appraiser or Real Property Appraiser”. A CNMI licensed residential real property appraiser or a CNMI licensed general real property appraiser for non-federally related transactions; or a CNMI licensed real property appraiser, a certified residential real property appraiser, or a certified general real property appraiser for federally related transactions, licensed or certified to engage in the practice of real property appraisal as hereinafter defined.

 

(d)       “Appraisal”. The act or process of developing an opinion of value.

 

(e)       “Appraisal Assignment”. One or more real estate appraisals and written appraisal reports which are covered by a single contract to provide an appraisal.

 

(f)        “Appraisal Consulting”. The act or process of developing an analysis, recommendation, or opinion to solve a problem, where an opinion of value is a component of the analysis leading to the assignment results.

 

(g)       “Appraisal Practice”. Valuation services performed by an appraiser, including, but not limited to appraisal, appraisal review, or appraisal consulting.

 

(h)       “Appraisal Review”. The act or process of developing and communicating and communicating an opinion about the quality of another appraiser’s work.

 

(i)        “Appraisal Subcommittee”. The appraisal subcommittee of the Federal Financial Institutions Examination Council (FFIEC) was created on August 9, 1989, pursuant to Title XI to oversee the real estate appraisal process as it relates to federally related transactions and monitors the requirements established by each state or territory’s appraiser regulatory agency for the licensing and certification of appraisers.

 

(j)        “Appraiser Trainee”. A person who has been issued a license to practice as a real property appraiser trainee in the Northern Marianas.

 

(k)       “Certified Appraiser”. A CNMI certified residential or general real property appraiser for federally related transactions.

 

(l)        “Classroom Hour”. Sixty minutes, of which at least fifty minutes are instruction attended by the student. The prescribed number of classroom hours includes time devoted to examinations.

 

(m)      “Complex One to Four Family Residential Property Appraisal”. One in which the property to be appraised, market conditions, or form of ownership is atypical and which have a significant value contribution. For example, unusual factors may include but are not limited to:

(1)       Architectural style;

(2)       Age of improvements;

(3)       Size of improvements;

(4)       Size of lot;

(5)       Neighborhood land use;

(6)       Potential environmental hazard liability;

(7)       Leasehold interests;

(8)       Limited readily available comparable sales data; or

(9)       Other unusual factors.

 

(n)       “Continuing Education”. Education that is creditable toward the education requirements that must be satisfied to renew licensure as a licensed real property appraiser, certified residential real property appraiser, or a certified general real property appraiser.

 

(o)       “Direct Supervision”. To actively and personally review the appraisal report of an appraiser trainee, to accept responsibility for the appraisal, and to sign the report attesting to the acceptance of the appraisal as being independently and impartially prepared and in compliance with the Uniform Standards of Professional Appraisal Practice (USPAP).

 

(p)       “Distance Education”. Distance education is any education process based on geographical separation of student and instructor. A distance education course is acceptable to meet class hour requirement if:

(1)       The course provides interaction. Interaction is a reciprocal environment where the student has verbal or written communications with the instructor; and

(2)       Content approval is obtained from AQB, a state licensing jurisdiction, or an accredited college, community college, or university that offers distance education programs and is approved or accredited by the Commission on Colleges, a regional or national accreditation association, or by an accrediting agency that is recognized by the U.S. Secretary of Education. Non-academic credit college courses provided by a college shall be approved by the AQB or the state licensing jurisdiction; and

(3)       Course delivery mechanism approval is obtained from one of the following sources:

(i)        AQB approved organizations providing approval of course design or delivery; or

(ii)       a college that qualifies for content approval in subsection (p)(2) that awards academic credit for the distance education course; or

(iii)      a qualifying college for content approval with a distance education delivery program that approves the course design and delivery that incorporate interactivity.

 

(q)       “Federally Related Transaction”. The term “federally related transaction” means any real estate-related financial transaction which:

(1)       A federal financial institutions regulatory agency or the Resolution Trust Corporation engages in, contracts for, or regulates; and

(2)       Requires the services of an appraiser.

 

(r)        “License”. The document indicating that the person named thereon has satisfied all requirements for licensure as a CNMI licensed or certified appraiser for federally or non-federally related transactions.

 

(s)        “Licensed Appraiser”. Licensed residential real property appraiser or a licensed general real property appraiser for non-federally related transactions; or a licensed real property appraiser for federally related transactions.

 

(t)        “Market Analysis”. A study of market conditions for a specific type of property.

 

(u)       “Market Value”. A type of value, stated as an opinion, that presumes the transfer of a property (i.e., a right of ownership or a bundle of such rights), as of a certain date, under specific conditions set forth in the definition of the term identified by the appraiser as applicable in an appraisal.

 

(v)       “Mass Appraisal”. The process of valuing a universe of properties as of a given date using standard methodology, employing common data, and allowing for statistical testing.

 

(w)      “Non-Federally Related Real Estate Transaction”. Any transaction which does not meet the definition of a federally related transaction.

 

(x)       “Personal Property”. Identifiable tangible objects that are considered by the general public as being “personal” - for example, furnishings, artwork, antiques, gems and jewelry, collectibles, machinery and equipment; all tangible property that is not classified as real estate.

 

(y)       “Practice of Real Property Appraisal.”

(1)       A profession which engages in real property appraisal activity for federally or non-federally related transaction, for a fee or other valuable consideration, by preparing independent and impartial written or oral statements setting forth an opinion as to the value of an adequately described property as of a specified date(s), supported by the presentation and analysis of relevant market information prepared in conformity with the USPAP, as amended.

(2)       A person is considered to practice or offer to practice real property appraisal, within the meaning and intent of the law and the rules and regulations, who practices the profession of real property appraisal or who, by verbal claim, sign, advertisement, letterhead, card or in any other way represents themselves to be a real property appraiser or through the use of some other title, implies that they are a real property appraiser, or that they are licensed or certified under the law or holds themselves out as able to perform or who does perform any real property appraisal service work, or any other service designated by the practitioner which is recognized as real property appraisal.

 

(z)       “Probation”. A condition placed upon an individual’s practice that obligates they meet various conditions and further demonstrates that they have maintained a satisfactory performance in their practice over a specific period of time.

 

(aa)      “Qualifying Education”. Education that is creditable toward the education requirements for initial licensure under one or more of the three real property appraiser classifications.

 

(bb)     “Real Property”. The interests, benefits, and rights inherent in the ownership of real estate.

 

(cc)      “Real Property-Related Financial Transaction”. Any transaction involving:

(1)       The sale, lease, purchase, investment in, or exchange of real property, including interests in property, or the financing thereof; or

(2)       The refinancing of real property or interests in real property; or

(3)       The use of real property or interests in real property as security for a loan or investment, including mortgage backed securities.

 

(dd)     “Real Estate”. An identified parcel or tract of land, including improvements, if any.

 

(ee)      “Report”. Any communication, written or oral, of an appraisal, appraisal review, or appraisal consulting service that is transmitted to the client upon completion of an assignment.

 

(ff)      “Residential Property”. Any parcel of real property, improved or unimproved, that is utilized for one-to-four family purposes and where the highest and best use is for one-to-four family purposes. A residential unit in a condominium, townhouse or cooperative complex is considered to be residential real property. Residential property does not include subdivisions wherein a development analysis or appraisal is necessary or utilized.

 

(gg)     “Reinstate” or “Reinstatement”. The granting of permission to perform appraisal work by the Board to a person whose license or certificate has been previously suspended.

 

(hh)     “Revocation”. A termination of a license to practice. Such action should require that the licensee surrender any and all license or wallet-size card issued by the Board. In order for a licensee to reinstate a license that has been revoked, the licensee is required to apply as a new applicant.

 

(ii)       “Suspension”. A suspension terminates a license privileges for a limited time. The license may be reinstated after the licensee fulfilled conditions imposed by the Board.

 

(jj)       “Temporary Appraiser’s License”. A license for one specific appraisal assignment, issued to a licensed or certified appraiser not residing in the CNMI or who has no established business in the CNMI.

 

(kk)     “Tract Development”. A project of five units or more that is constructed or is to be constructed as a single development. A tract development may be units in a subdivision, condominium project, time share project, or any similar project meant to be sold as individual units over a period of time. A project is deemed to be a tract development whether it currently is or is intended to sell as a single development.

 

(ll)       “Uniform Standards of Professional Appraisal Practice” or “USPAP”. Standards of appraisal practice developed by the Appraisal Standards Board (ASB) of the Appraisal Foundation.

 

(mm)   “Value”. The monetary relationship between properties and those who buy, sell, or use those properties.

 

(nn)     “Years of Experience”. A year is defined in terms of hours within a calendar year. One thousand hours constitutes a year of appraisal experience.

 

Modified, 1 CMC § 3806(e), (f).

 

History: Amdts Adopted 36 Com. Reg. 34927 (Apr. 28, 2014); Amdts Proposed 36 Com. Reg. 34795 (Feb. 28, 2014); Amdts Adopted 29 Com. Reg. 27940 (Dec. 18, 2007); Amdts Proposed 29 Com. Reg. 26805 (Sept. 27, 2007); Amdts Adopted 27 Com. Reg. 24627 (June 20, 2005); Amdts Proposed 27 Com. Reg. 23926 (Feb. 17, 2005); Amdts Proposed 26 Com. Reg. 22873 (Aug. 26, 2004); Amdts Proposed 26 Com. Reg. 22845 (July 26, 2004); Amdts Adopted 25 Com. Reg. 20077 (Mar. 31, 2003); Amdts Proposed 24 Com. Reg. 19557 (Oct. 30, 2002); Amdts Adopted 21 Com. Reg. 16564 (Feb. 18, 1999); Amdts Proposed 20 Com. Reg. 16183 (Oct. 15, 1998); Amdts Adopted 19 Com. Reg. 14884 (Jan. 15, 1997); Amdts Proposed 18 Com. Reg. 14428 (Oct. 15, 1996); Amdts Adopted 16 Com. Reg. 12685 (Dec. 15, 1994); Amdts Proposed 16 Com. Reg. 12053 (June 15, 1994); Amdts Adopted 15 Com. Reg. 10483 (Feb. 15, 1993); Amdts Proposed 14 Com. Reg. 9164 (Mar. 15, 1992); Amdts Proposed 14 Com. Reg. 8661 (Jan. 15, 1992); Adopted 13 Com. Reg. 8465 (Nov. 15, 1991); Proposed 13 Com. Reg. 8109 (Oct. 15, 1991); Proposed 13 Com. Reg. 7712 (June 15, 1991).

 

Commission Comment: Amendments have changed this section significantly over time. The 2005 amendments re-promulgated this section in its entirety with numerous amendments. The 2007 amendments amended subsection (c), inserted new subsection (y), and re-designated other subsections accordingly. The 2014 amendments purported to amend “section 2.16 of the regulations or Section 125-40-115(q) of 125-40, NMIAC Title 125.” Section 2.16 was codified at subsection (p) of this section, and the Commission codified the amendments at subsection (p).

 

The Commission inserted quotation marks around terms defined. The Commission inserted the word “is” before the word “acceptable” in subsection (p) pursuant to 1 CMC § 3806(g). The Commission corrected the capitalization of the word “university” in subsection (p)(2) pursuant to 1 CMC § 3806(f). The Commission corrected the reference to subsection (p)(2) in subsection (p)(3)(ii) pursuant to 1 CMC § 3806(d).

 

§ 125-40-020  Powers and Duties of the Board

 

In addition to those powers and duties specifically enumerated by law, the Board shall have the following powers and duties:

 

(a)       To grant, deny, suspend, revoke, place on probation, renew, or refuse to renew permission to practice as a licensed or certified real property appraiser in the CNMI;

 

(b)       To adopt, amend, or repeal rules and/or regulations as necessary to effectuate fully the law;

 

(c)       To enforce the law and rules and regulations adopted pursuant thereto;

 

(d)       To discipline a real estate appraiser for any cause prescribed by law or for any violation of the rules and regulations and refuse to grant a person permission to practice as a real property appraiser for any cause that would be grounds for disciplining a real property appraiser;

 

(e)       To act as the designated representative of the CNMI to exempt, waive or implement the requirements of 12 U.S.C. §§ 3301, et seq.;

 

(f)        To revoke or suspend the permission to practice as an appraiser or otherwise condition the scope of the license of the appraiser for any violation of the law or the regulations in this chapter;

 

(g)       To impose continuing education requirements as a prerequisite to renewal of a license, as necessary;

 

(h)       To issue an annual statement describing the receipts and expenditures in the administration of the regulations in this chapter during each fiscal year;

 

(i)        To compel the attendance of witnesses and production of books, documents, records, and other papers; to administer oaths; and to take testimony and receive evidence concerning all matters within their jurisdiction. These powers may be exercised directly by the Board or the Board’s authorized representative acting by authority of law;

 

(j)        To contract with qualified persons, including attorneys, hearing officers, accountants, investigators, and other necessary personnel to assist the Board in exercising the Board’s powers and duties;

 

(k)       To contract with a professional testing agency to develop and administer examinations;

 

(l)        To do all other things necessary to carry out the provisions of the regulations in this chapter and to meet the requirements of federal law where necessary regarding licensing of appraisers that the Board determines are appropriate for licensed and certified appraisers in the CNMI.

 

Modified, 1 CMC § 3806(d), (f), (g).

 

History: Amdts Adopted 27 Com. Reg. 24627 (June 20, 2005); Amdts Proposed 27 Com. Reg. 23926 (Feb. 17, 2005); Amdts Proposed 26 Com. Reg. 22873 (Aug. 26, 2004); Amdts Proposed 26 Com. Reg. 22845 (July 26, 2004); Amdts Adopted 25 Com. Reg. 20077 (Mar. 31, 2003); Amdts Proposed 24 Com. Reg. 19557 (Oct. 30, 2002); Amdts Adopted 21 Com. Reg. 16564 (Feb. 18, 1999); Amdts Proposed 20 Com. Reg. 16183 (Oct. 15, 1998); Amdts Adopted 19 Com. Reg. 14884 (Jan. 15, 1997); Amdts Proposed 18 Com. Reg. 14428 (Oct. 15, 1996); Amdts Adopted 16 Com. Reg. 12685 (Dec. 15, 1994); Amdts Proposed 16 Com. Reg. 12053 (June 15, 1994); Adopted 13 Com. Reg. 8465 (Nov. 15, 1991); Proposed 13 Com. Reg. 8109 (Oct. 15, 1991); Proposed 13 Com. Reg. 7712 (June 15, 1991). Commission Comment: The 1999 amendments deleted former subsection (l) and amended subsections (a) and (d). The 2005 amendments amended subsections (a), (f), (g), and (l).

 

In subsection (d), the Commission changed “to any cause” to “for any cause” to correct a manifest error. Compare 20 Com. Reg. at 16192 (Oct. 15, 1998)     and 27 Com. Reg. at 23937 (Feb. 17, 2005).

 

The 1999 amendments deleted former § 3.2, entitled “Immunity” and part IV, entitled “Real Estate Appraiser Advisory Committee.” See 18 Com. Reg. at 14437-38 (Oct. 15, 1996).

 

Part 100 -       Requirements for Licensure

 

§ 125-40-101  Requirements for Licensure

 

It shall be unlawful for an individual who is not licensed in the CNMI to prepare or hold oneself out as being able to prepare an appraisal in connection with a real property related transaction. It shall be unlawful for a person with one class of license to perform an appraisal requiring a different class of license.

 

History: Amdts Adopted 27 Com. Reg. 24627 (June 20, 2005); Amdts Proposed 27 Com. Reg. 23926 (Feb. 17, 2005); Amdts Proposed 26 Com. Reg. 22873 (Aug. 26, 2004); Amdts Proposed 26 Com. Reg. 22845 (July 26, 2004); Amdts Adopted 25 Com. Reg. 20077 (Mar. 31, 2003); Amdts Proposed 24 Com. Reg. 19557 (Oct. 30, 2002); Amdts Adopted 21 Com. Reg. 16564 (Feb. 18, 1999); Amdts Proposed 20 Com. Reg. 16183 (Oct. 15, 1998); Amdts Adopted 19 Com. Reg. 14884 (Jan. 15, 1997); Amdts Proposed 18 Com. Reg. 14428 (Oct. 15, 1996); Amdts Adopted 16 Com. Reg. 12685 (Dec. 15, 1994); Amdts Proposed 16 Com. Reg. 12053 (June 15, 1994); Adopted 13 Com. Reg. 8465 (Nov. 15, 1991); Proposed 13 Com. Reg. 8109 (Oct. 15, 1991); Proposed 13 Com. Reg. 7712 (June 15, 1991).

 

§ 125-40-105  General Requirements

 

All applicants for a license shall possess a reputation for honesty, trustworthiness, fairness, and financial integrity; meet educational and experience requirements; and shall pass an examination approved by the Appraiser Qualifications Board of the Appraisal Foundation and not have been convicted of, or pled guilty or nolo contendere to, a felony in a domestic or foreign court during the five year period immediately preceding the date of the application for licensing or certification, or at any time preceding the date of application, if such felony involved an act of fraud, dishonesty, or breach of trust, or money laundering. Applicants for the non-federally related appraiser license must take and pass the local appraisal examination as part of the requirement.

 

Modified, 1 CMC § 3806(g).

 

History: Amdts Adopted 37 Com. Reg. 36538 (May 28, 2015); Amdts Proposed 37 Com. Reg. 36022 (Feb. 28, 2015); Amdts Adopted 27 Com. Reg. 24627 (June 20, 2005); Amdts Proposed 27 Com. Reg. 23926 (Feb. 17, 2005); Amdts Proposed 26 Com. Reg. 22873 (Aug. 26, 2004); Amdts Proposed 26 Com. Reg. 22845 (July 26, 2004); Amdts Adopted 25 Com. Reg. 20077 (Mar. 31, 2003); Amdts Proposed 24 Com. Reg. 19557 (Oct. 30, 2002); Amdts Adopted 21 Com. Reg. 16564 (Feb. 18, 1999); Amdts Proposed 20 Com. Reg. 16183 (Oct. 15, 1998); Amdts Adopted 19 Com. Reg. 14884 (Jan. 15, 1997); Amdts Proposed 18 Com. Reg. 14428 (Oct. 15, 1996); Amdts Adopted 16 Com. Reg. 12685 (Dec. 15, 1994); Amdts Proposed 16 Com. Reg. 12053 (June 15, 1994); Amdts Adopted 15 Com. Reg. 10780 (Aug. 15, 1993); Amdts Proposed 15 Com. Reg. 10684 (June 15, 1993); Adopted 13 Com. Reg. 8465 (Nov. 15, 1991); Proposed 13 Com. Reg. 8109 (Oct. 15, 1991); Proposed 13 Com. Reg. 7712 (June 15, 1991).

 

Commission Comment: The Commission added a “,” after the word “of” and italicized the term “nolo contendere” pursuant to to1 CMC § 3806(g). The Commission also corrected the spelling of the word “dishonesty” in this section pursuant to1 CMC § 3806(g).

 

§ 125-40-110  Requirements for Real Property Appraiser, Federally Related Transactions

 

All applicants for a real property appraiser license must meet the following requirements:

 

(a)       Education.

(1)       Classroom Hour.

A classroom hour is 60 minutes, of which at least 50 minutes are instruction attended by the student. The prescribed number of classroom hours includes time devoted to examinations which are considered to be part of the course.

(2)       Credit for the classroom hour requirement may be obtained only from the following institutions:

(i)        Colleges or universities

(ii)       Community or junior colleges

(iii)      Real estate appraisal or real estate related organizations

(iv)      State or federal agencies or commissions

(v)       Proprietary schools

(vi)      Providers approved by the Board

(vii)     AQB approved course providers.

(3)       AQB Guidance for Curriculum Content

(i)        Basic Appraisal Principles – 30 Hours

(A)      Real Property Concepts and Characteristics

(I)        Basic Real Property Concepts

(II)       Real Property Characteristics

(III)      Legal Description

(B)       Legal Consideration

(I)        Forms of Ownership

(II)       Public and Private Controls

(III)      Real Estate Contracts

(IV)     Leases

(C)       Influences on Real Estate Values

(I)        Governmental

(II)       Economic

(III)      Social

(IV)     Environmental, Geographic and Physical

(D)      Types of Value

(I)        Market Value

(II)       Other Value Types

(E)       Economic Principles

(I)        Classical Economic Principles

(II)       Application and Illustration of the Economic Principles

(F)       Overview of Real Estate Markets and Analysis

(I)        Market Fundamentals, Characteristics and Definitions

(II)       Supply Analysis

(III)      Demand Analysis

(IV)     Use of Market Analysis

(G)      Ethics and How They Apply in Appraisal Theory and Practice

(ii)       Basic Appraisal Procedures – 30 Hours

(A)      Overview of Approaches to Value

(B)       Valuation Procedure

(I)        Defining the Problem

(II)       Collecting and Selecting Data

(III)      Analyzing

(IV)     Reconciling and Final Value Opinion

(V)      Communicating the Appraisal

(C)       Property Description

(I)        Geographic Characteristics of the Land/Site

(II)       Geologic Characteristics of the Land/Site

(III)      Location and Neighborhood Characteristics

(IV)     Land/Site Considerations for Highest and Best Use

(V)      Improvements – Architectural Styles and Types of Construction

(D)      Residential Applications

(iii)      15-Hour National USPAP Course or its Equivalent – 15 Hours

(A)      Preamble and Ethics Rule

(B)       Standard 1

(C)       Standard 2

(D)      Standards 3 to 10

(E)       Statements and Advisory Opinions

(iv)      Residential Market Analysis and Highest and Best Use – 15 Hours

(A)      Residential Markets and Analysis

(I)        Market Fundamentals, Characteristics and Definitions

(II)       Supply Analysis

(III)      Demand Analysis

(IV)     Use of Market Analysis

(B)       Highest and Best Use

(I)        Test Constraints

(II)       Application of Highest and Best Use

(III)      Special Considerations

(IV)     Market Analysis

(V)      Case Studies

(v)       Residential Appraiser Site Valuation and Cost Approach – 15 Hours

(A)      Site Valuation

(I)        Methods

(II)       Case Studies

(B)       Cost Approach

(I)        Concepts and Definitions

(II)       Replacement/Reproduction Cost New

(III)      Accrued Depreciation

(IV)     Methods of Estimating Accrued Depreciation

(V)      Case Studies

(vi)      Residential Sales Comparison and Income Approaches – 30 Hours

(A)      Valuation Principles & Procedures – Sales Comparison Approach

(B)       Valuation Principles & Procedures – Income Approach

(C)       Finance and Cash Equivalency

(D)      Financial Calculator Introduction

(E)       Identification, Derivation and Measurement of Adjustments

(F)       Gross Rent Multipliers

(G)      Partial Interests

(H)      Reconciliation

(I)        Case Studies and Applications

(vii)     Residential Report Writing and Case Studies – 15 Hours

(A)      Writing and Reasoning Skills

(B)       Common Writing Problems

(C)       Form Reports

(D)      Report Opinions and USPAP Compliance

(E)       Case Studies

(viii)    Statistics, Modeling and Finance – 15 Hours

(A)      Statistics

(B)       Valuation Models (AVM’s and Mass Appraisal)

(C)       Real Estate Finance

(ix)      Advanced Residential Market Analysis and Highest and Best Use – 30 Hours

(A)      Complex Property, Ownership and Market Conditions

(B)       Deriving and Supporting Adjustments

(C)       Residential Market Analysis

(D)      Advanced Case Studies

(x)       General Appraiser Market Analysis and Highest and Best Use – 30 Hours

(A)      Real Estate Markets and Analysis

(I)        Market Fundamentals, Characteristics and Definitions

(II)       Supply Analysis

(III)      Demand Analysis

(IV)     Use of Market Analysis

(B)       Highest and Best Use

(I)        Test Constraints

(II)       Application of Highest and Best Use

(III)      Special Considerations

(IV)     Market Analysis

(V)      Case Studies

(xi)      General Appraiser Sales Comparison Approach – 30 Hours

(A)      Value Principles

(B)       Procedures

(C)       Identification and Measurement of Adjustments

(D)      Reconciliation

(E)       Case Studies

(xii)     General Appraiser Site Valuation and Cost Approach – 30 Hours

(A)      Site Valuation

(I)        Methods

(II)       Case Studies

(B)       Cost Approach

(I)        Concepts and Definitions

(II)       Replacement/Reproduction Cost New

(III)      Accrued Depreciation

(IV)     Methods of Estimating Accrued Depreciation

(V)      Case Studies

(xiii)    General Appraiser Sales Comparison Approach – 30 Hours

(A)      Value Principles

(B)       Procedures

(C)       Identification and Measurement of Adjustments

(D)      Reconciliation

(E)       Case Studies

(xiv)    General Appraiser Site Valuation and Cost Approach – 30 Hours

(A)      Site Valuation

(I)        Methods

(II)       Case Studies

(B)       Cost Approach

(I)        Concepts and Definitions

(II)       Replacement/Reproduction Cost New

(III)      Accrued Depreciation

(IV)     Methods of Estimating Accrued Depreciation

(V)      Case Studies

(xv)     General Appraiser Income Approach – 60 Hours

(A)      Overview

(B)       Compound Interest

(C)       Lease Analysis

(D)      Income Analysis

(E)       Vacancy and Collection Loans

(F)       Estimating Operating Expenses and Reserves

(G)      Reconstructed Income and Expense Statement

(H)      Stabilized Net Operating Income Statement

(I)        Direct Capitalization

(J)        Discounted Cash Flow

(K)      Yield Capitalization

(L)       Partial Interests

(M)      Case Studies

(xvi)    General Appraiser Report Writing and Case Studies – 30 Hours

(A)      Writing and Reasoning Skills

(B)       Common Writing Problems

(C)       Report Options and USPAP Compliance

(D)      Case Studies

(4)       Experience may not be substituted for education.

(5)       Instructors who are also licensed or certified appraisers may receive up to one half of their continuing education requirement from instruction of appraisal courses or seminars. Credit for instructing can only be awarded once during a CR cycle.

(6)       Qualifying Education (QE).

(i)        Class hours will be credited only for education offerings with content that follows the required AQB Guidance for Curriculum Content listed in subsection (a)(3) for each respective classification. Course content requirements may be general or specific to property type. Applicants must take the 15-hour National USPAP course, or its equivalent, and pass the associated 15-hour National USPAP Course Examination. Equivalency shall be determined through the AQB course approval program or by an alternate method established by the AQB. USPAP qualifying education credit shall only be awarded when the class is instructed by an AQB certified USPAP instructor(s) who is also a state certified appraiser.

(ii)       Credit toward QE requirements may also be obtained via the completion of a graduate (masters or doctoral) degree in real estate from an accredited college or university approved by the American Association of College Schools of Business, or a regional or national accreditation agency recognized by the U.S. Secretary of Education, provided that the college or university has had its curriculum reviewed and approved by the AQB. The AQB may maintain a list of approved college or university graduate degree programs, including the Required Core Curriculum and Appraisal Subject Matter Elective hours satisfied by the award of the degree. Candidates for the Trainee, Licensed, Certified Residential, or Certified General credential who are awarded graduate degrees from approved institutions are required to complete all additional education required for the credential, in which the approved degree is judged to be deficient by AQB.

(iii)      Class hours may be obtained only where the minimum length of the education offering is at least 15 hours and the individual successfully completes an approved closed-book examination pertinent to that education offering.

(iv)      Courses taken for QE must not be repetitive in nature. USPAP courses taken in different years are not repetitive.

(7)       Distance Education to Meet Qualifying Education Requirement.

For qualifying education, distance education is defined as any educational process based on the geographical separation of learner and instructor. For qualifying education, distance education must provide interaction between the learner and instructor and include testing.

(1)       Distance education courses may be acceptable to meet the classroom hour requirement, or its equivalent, provided that the course is approved by the Board, the learner successfully completes a written examination proctored by an official approved by the presenting entity, college, or university, the course meets the requirements for qualifying education established by the AQB, the course is equivalent to the minimum of 15 classroom hours, and meets one of the following conditions:

(i)        The course is presented by an accredited (Commission on Colleges or a regional accreditation association) college or university that offers distance education programs in other disciplines; or

(ii)       The course has received approval of the International Distance Education Certification Center (IDECC) for the course design and delivery mechanism and either

(A)      the approval of the AQB through the AQB Course Approval Program, or

(B)       the course is approved by the Board.

 

(b)       Examination.

(1)       Each applicant for a license shall successfully pass the appropriate examinations of the AQB approved Uniform Appraiser Examination. The examination must be successfully completed. There is no alternative to successful completion of the examination.

(2)       Passage of an examination taken in another jurisdiction may be approved as meeting the examination requirement provided the examination is the AQB approved Uniform* Appraiser Examination.

(3)       Examinees who fail the 15-hour National USPAP Course Examination are allowed to re-take the examination up to three times without re-taking the course. Each time the examination is re-taken the examinee must be administered a different version (there are three versions) of the examination. After three unsuccessful attempts the examinee must re-take the course.

(4)       A new applicant not currently licensed or certified and in good standing in another U.S. state or territory, shall have up to December 31, 2014, after approval by the Board, to take and pass an AQB approved qualifying examination for the classification. Successful completion of the examination may be valid for another 24 months after 12/31/14.

 

(c)       Experience.

(1)       Education may not be substituted for experience.

(2)       The quantitative experience requirements must be satisfied by time spent on the appraisal process. The appraisal process consists of: analyzing factors that affect value; defining the problem; gathering and analyzing data; applying the appropriate analysis and methodology; and arriving at an opinion and correctly reporting the opinion in compliance with USPAP.

(3)       The verification for experience credit claimed by an applicant shall be on forms prescribed by the Board which should include:

(i)        Type of property

(ii)       Date of report

(iii)      Address of appraised property

(iv)      Description of work performed

(v)       Number of actual work hours

(vi)      The name, signature, and license number of the supervising appraiser

(4)       Hours may be treated as cumulative in order to achieve the necessary number of hours of appraisal experience.

(5)       Documentation in the form of reports, certifications, or file memoranda, or, if such reports and memoranda are unavailable for good cause, other evidence at the Board’s discretion that the work is compliant with USPAP must be provided, if requested, as part of the experience verification process to support the experience claimed.

(6)       All experience must be obtained after January 30, 1989, and be USPAP compliant.

(7)       All applicants must affirm in the application provided by the Board that the hours presented were completed under the supervision of a licensed residential or licensed general real property appraiser for non-federally related transactions or a certified residential or certified general real property appraiser for federally related transactions, depending on the appraiser classification the applicant is applying for.

 

(d)       Extension of Time for Active Duty U.S. Military.

An applicant in the reserve components of the U.S. Armed Forces, who was pursuing an appraiser license or certification prior to December 1, 2011, and who was called to active duty between December 1, 2011 and December 31, 2014, may satisfy the qualification required under the 2008 Criteria for an additional time period after January 1, 2015. The extension of time shall be equal to the applicant's time of active duty, plus 12 months.

 

(e)       Compliance with USPAP.

Appraisers in all classifications shall perform and practice in compliance with the Uniform Standards of Professional Appraisal Practice (USPAP), as amended.

 

* See Commission Comment.

 

Modified, 1 CMC § 3806(f), (g).

 

History: Amdts Adopted 37 Com. Reg. 36538 (May 28, 2015); Amdts Proposed 37 Com. Reg. 36022 (Feb. 28, 2015); Amdts Adopted 36 Com. Reg. 34927 (Apr. 28, 2014); Amdts Proposed 36 Com. Reg. 34795 (Feb. 28, 2014); Amdts Adopted 32 Com. Reg. 30060 (Feb. 19, 2010); Amdts Proposed 31 Com. Reg. 29997 (Dec. 22, 2009); Amdts Adopted 29 Com. Reg. 27940 (Dec. 18, 2007); Amdts Proposed 29 Com. Reg. 26805 (Sept. 27, 2007); Amdts Adopted 29 Com. Reg. 26431 (Feb. 15, 2007); Amdts Proposed 28 Com. Reg. 26326 (Nov. 30, 2006); Amdts Adopted 27 Com. Reg. 24627 (June 20, 2005); Amdts Proposed 27 Com. Reg. 23926 (Feb. 17, 2005); Amdts Proposed 26 Com. Reg. 22873 (Aug. 26, 2004); Amdts Proposed 26 Com. Reg. 22845 (July 26, 2004); Amdts Adopted 25 Com. Reg. 20077 (Mar. 31, 2003); Amdts Proposed 24 Com. Reg. 19557 (Oct. 30, 2002); Amdts Adopted 21 Com. Reg. 16564 (Feb. 18, 1999); Amdts Proposed 20 Com. Reg. 16183 (Oct. 15, 1998); Amdts Adopted 19 Com. Reg. 14884 (Jan. 15, 1997); Amdts Proposed 18 Com. Reg. 14428 (Oct. 15, 1996); Amdts Adopted 16 Com. Reg. 12685 (Dec. 15, 1994); Amdts Proposed 16 Com. Reg. 12053 (June 15, 1994); Adopted 13 Com. Reg. 8465 (Nov. 15, 1991); Proposed 13 Com. Reg. 8109 (Oct. 15, 1991); Proposed 13 Com. Reg. 7712 (June 15, 1991).

 

Commission Comment: Amendments have changed this section significantly over time. The 2005 amendments readopted this section in its entirety with extensive amendments. The 2014 amendments amended subsections (b)(4) and (c)(7).

 

In subsections (a)(2)(vii) and (c)(2)(viii) the Commission inserted the final period. The Commission inserted a comma after the word “signature” in subsection (c)(3)(vi) pursuant to 1 CMC § 3806(g). The Commission inserted a comma after the word “Residential” in subsection (a)(6)(ii) pursuant to 1 CMC § 3806(g).

 

In February 2007, former subsection (c)(6) was added to this section. The December 2007 amendments amended subsection (a)(3), added subsection (a)(5), amended subsections (a)(6)(i), (a)(7), (b)(4), (c)(2) through (c)(6), and renumbered the former subsection (c)(6) to (c)(7). The 2010 amendments amended subsection (a)(7), added subsection (a)(6)(ii) and re-designated the remaining subsections of subsection (a)(6) accordingly.

 

The December 2007 version of the regulations listed the phrase “Uniform Appraiser Examination” in subsection (b)(2) as “Uniform State Appraiser Examination,” but did not list the subsection as one of the subsections modified by the amendments.

 

In May 2015, subsection (d) was re-designated as subsection (e) and the new subsection (d) was added by the amendment. The Commission changed “US” to “U.S.” and changed the capitalization of the word “reserve” in subsection (d) pursuant to 1 CMC § 3806(g).

 

§ 125-40-115  Real Property Appraiser Classifications

 

(a)       Trainee Real Property Appraiser Classification

The scope of practice for this classification is the appraisal of those properties which the supervising certified appraiser is permitted by his/her current classification and that the supervising appraiser is qualified to appraise. The appraiser trainee shall be entitled to obtain copies of appraisal reports he or she prepared. The supervising appraiser shall keep copies of appraisal reports for a period of five years, or at least two years after final disposition of any judicial proceedings in which testimony was given, whichever period expires last.

(1)       Qualifying Education

(i)        As the prerequisite for application, an applicant must have completed 75 creditable class hours as specified below. Additionally, applicants must pass the Core Curriculum examinations and pass the 15-hour National USPAP course and examination as part of the 75 creditable class hours.

(A)      Basic Appraisal Principles     30 Hours

(B)       Basic Appraisal Procedures   30 Hours

(C)       15-hour National USPAP       15 Hours

(ii)       Qualifying education must have been obtained within the five year period immediately preceding application for licensure.

(iii)      Effective after January 1, 2015, both the trainee appraiser and supervisory appraiser shall be required to complete a course that, at a minimum, complies with the specifications for course content established by the AQB (including existing supervisors if they take on a new trainee after January 1, 2015). The course will be oriented toward the requirements and responsibilities of supervisory appraisers and expectations for trainee appraisers. The course must be completed by the trainee appraiser prior to obtaining a trainee appraiser credential, and completed by the supervisory appraiser prior to supervising a trainee appraiser.

(2)       Examination

There are no examination requirements for this classification but the trainee shall pass examinations in the prerequisite courses in order to earn credit for core education courses.

(3)       Experience

No experience is required as a prerequisite for this classification.

(4)       Training

(i)        The appraiser trainee shall be subject to direct supervision by a certified appraiser.

(ii)       The supervising appraiser shall be responsible for the training, guidance, and direct supervision of the appraiser trainee by:

(A)      Accepting responsibility for the appraisal report by signing and certifying the report is in compliance with USPAP;

(B)       Reviewing and signing the appraiser trainee appraisal report(s); and

(C)       Personally inspecting each appraised property with the appraiser trainee until the supervising appraiser determines the appraiser trainee is competent, in accordance with the competency provision of the USPAP for the property type.

(iii)      The appraiser trainee is permitted to have more than one Supervising Appraiser; however, Supervisory Appraisers may not supervise more than three Trainee Appraisers at one time, unless a state program in the credentialing jurisdiction provides for progress monitoring, supervisory certified appraiser qualifications, and supervision and oversight requirements for Supervisory Appraisers.

(iv)      An appraisal log shall be maintained by the appraiser trainee and shall, at a minimum, include the following for each appraisal:

(A)      Type of property

(B)       Date of report

(C)       Client name and address of appraised property

(D)      A description of the work performed by the trainee or applicant

(E)       The scope of the review performed by the supervising appraiser

(F)       The level of supervision performed by the supervising appraiser

(G)      Number of actual work hours by the trainee/applicant on the assignment

(H)      Name, signature and license number of the supervising appraiser

(v)       The supervising appraiser shall be in good standing within the training jurisdiction, not subject to any disciplinary action within the last three years that affects the supervisory appraiser's legal eligibility to engage in appraisal practice. A supervisory appraiser subject to a disciplinary action would be considered to be in good standing three years after the successful completion or termination of the sanction imposed against the appraiser.

(vi)      Separate appraisal logs shall be maintained for each supervising appraiser, if applicable.

(5)       Continuing Education

(i)        Fourteen continuing education hours for each year (28 hours); and

(ii)       Successful completion of the 7-hour National USPAP update course, at least once every two years. After January 1, 2005, you may not substitute the 15-hour National USPAP course or its equivalent for the 7-hour National USPAP update course.

(6)       All appraiser trainees must comply with the Competency Rule of USPAP.

 

(b)       Licensed Real Property Appraiser Classification

The licensed real property classification applies to the appraisal of non-complex one to four residential units having a transaction value less than $1,000,000 and complex one to four residential units having a transaction value less than $250,000. This classification includes the appraisal of vacant or unimproved land that is utilized for one to four family purposes or for which the highest and best use is for one to four family purposes. This classification does not include the appraisal of subdivisions for which a development analysis/appraisal is necessary.

(1)       Qualifying Education

Applicants for the licensed real property credential shall successfully complete 30 semester hours of college-level education, from an accredited college, junior college, community college, or university. The college or university must be a degree-granting institution accredited by the Commission on Colleges, a regional or national accreditation association, or by an accrediting agency that is recognized by the U.S. Secretary of Education. If an accredited college or university accepts the College-Level Examination Program(CLEP) and examination(s) and issues a transcript for the exam, showing its approval, it will be considered as credit for the college course. Applicants holding an associate degree, or higher, from an accredited college, junior college, community college, or university satisfy the 30-hour college-level education requirement.

(2)       Examination

(i)        The AQB approved Licensed Residential Real Property Appraiser Examination must be successfully completed. The only alternative to successful completion of the Licensed Residential examination is the successful completion of the Certified Residential or Certified General examination.

(ii)       The prerequisites for taking the AQB-approved examination are completion of:

(A)      One hundred fifty creditable class hours as specified in the Core Curriculum; and

(B)       Completion of the college-level education requirements specified in § 125-40-115(b)(1); and

(C)       Two thousand hours of qualifying experience in no few than twelve months.

(3)       Experience

Two thousand hours of appraisal experience are required to be obtained in no fewer than 12 months.

(4)       Continuing Education

(i)        Fourteen continuing education hours for each year (28 hours); and

(ii)       Successful completion of the 7-hour National USPAP update course, at least once every two years. After January 1, 2005, you may not substitute the 15-hour National USPAP course or its equivalent for the 7-hour National USPAP update course.

(5)       All licensed appraisers must comply with the Competency Rule of USPAP.

 

(c)       Certified Residential Real Property Appraiser Classification

The certified residential real property classification applies to the appraisal of one to four residential units without regard to transaction value or complexity. This classification includes the appraisal of vacant or unimproved land that is utilized for one to four family purposes or for which the highest and best use is for one to four family purposes. This classification does not include the appraisal of subdivisions for which a development analysis/appraisal is necessary.

(1)       Qualifying Education

(i)        Applicants for the certified residential credential must hold a bachelor's degree, or higher, from an accredited college or university.  The college or university must be a degree-granting institution accredited by the Commission on Colleges, a national or regional accreditation association, or by an accrediting agency that is recognized by the U.S. Secretary of Education.

(ii)       The certified residential real property appraiser classification requires completion of two hundred creditable class hours as specified in the required Core Curriculum.  as part of the 200 required hours, the applicant shall successfully complete the 15-hour National USPAP course, or its AQB-approved equivalent, and the examination. There is no alternative to successful completion of the USPAP course and examination.

(2)       Examination

(i)        The AQB approved Certified Residential Real Property Appraiser Examination must be successfully completed. There is no alternative to successful completion of the examination.

(ii)       The prerequisites for taking the AQB-approved examination are completion of:

(A)      Two hundred creditable class hours as specified in the Required Core Curriculum;

(B)       Completion of the college-level education requirements specified in § 125-40-115 (c)(1)(i); and

(C)       Two thousand five hundred hours of qualifying experience obtained in no few than twenty-four months.

(3)       Experience

Two thousand five hundred hours of experience obtained during no fewer than twenty-four months is required. While the hours may be cumulative, the required number of months must accrue before an individual can be certified.

(4)       Continuing Education

(i)        Fourteen continuing education hours for each year (28) hours; and

(ii)       Successful completion of the 7-hour National USPAP update course, at least once every two years. After January 1, 2005, you may not substitute the 15-hour National USPAP course or its equivalent for the 7-hour National USPAP update course.

(5)       All certified residential appraisers must comply with the Competency Rule of USPAP.

 

(d)       Certified General Real Property Appraiser Classification

This classification applies to the appraisal of all types of real property.

(1)       Qualifying Education

(i)        Applicants for the certified general credential must hold a bachelor's degree, or higher, from an accredited university. The college or university must be a degree-granting institution accredited by the Commission of Colleges, a national or regional accreditation association, or by an accrediting agency that is recognized by the U.S. Secretary of Education.

(ii)       The certified general real property appraiser classification requires completion of three hundred creditable class hours as specified in the Required Core Curriculum. As part of the 300 required hours, the applicant shall successfully complete the 15-hour National USPAP course, or its AQB-approved equivalent, and the examination. There is no alternative to successful completion of the USPAP course and examination.

(iii)      Applicants must demonstrate that their education includes core courses listed above, with particular emphasis on non-residential properties.

(2)       Examination

(i)        The AQB approved Certified General Real Property Appraiser Examination must be successfully completed. There is no alternative to successful completion of the examination.

(ii)       The prerequisites for taking the AQB-approved examination are completion of:

(A)      Three hundred creditable class hours as specified in the Required Core Curriculum;

(B)       Completion of the college-level education requirements specified in § 125-40-115 (d)(1)(i); and

(C)       Three thousand hours of qualifying experience obtained in no fewer than thirty months, where a minimum of 1,500 hours must be obtained in non-residential appraisal work. 

(3)       Experience

Three thousand hours of experience obtained during no fewer than thirty months is required, of which 1,500 hours must be in non-residential appraisal work. While the hours may be cumulative, the required number of months must accrue before an individual can be certified.

(4)       Continuing Education

(i)        Fourteen continuing education hours for each year (28) hours; and

(ii)       Successful completion of the 7-hour National USPAP update course, at least once every two years. After January 1, 2005, you may not substitute the 15-hour National USPAP course or its equivalent for the 7-hour National USPAP update course.

(5)       All certified residential appraisers must comply with the Competency Rule of USPAP.

 

(e)       Licensure by Reciprocity. The Board may grant a license to a person to practice as a real property appraiser by reciprocity if:

(1)       The person holds an active, valid license for real property appraisal in another U.S. state or territory for the real property classification he/she is applying for;

(2)       The person is coming from a state or U.S. territory that is “in compliance” with Title XI as determined by the ASC; and

(3)       The licensure requirements in the jurisdiction of the applicant meet or exceed the requirements in these regulations.

 

* So in original.

 

Modified, 1 CMC § 3806(a), (c), (d), (e), (f), (g).

 

History: Amdts Adopted 37 Com. Reg. 36538 (May 28, 2015); Amdts Proposed 37 Com. Reg. 36022 (Feb. 28, 2015); Amdts Adopted 36 Com. Reg. 34927 (Apr. 28, 2014); Amdts Proposed 36 Com. Reg. 34795 (Feb. 28, 2014); Amdts Adopted 35 Com. Reg. 34563 (Nov. 28, 2013); Amdts Proposed 35 Com. Reg. 34185 (Aug. 28, 2013); Amdts Adopted 32 Com. Reg. 30598 (Aug. 16, 2010); Amdts Proposed 32 Com. Reg. 30558 (July 15, 2010); Amdts Adopted 32 Com. Reg. 30060 (Feb. 19, 2010); Amdts Proposed 31 Com. Reg. 29997 (Dec. 22, 2009); Amdts Adopted 31 Com. Reg. 29772 (Aug. 27, 2009); Amdts Proposed 31 Com. Reg. 29647 (June 22, 2009); Amdts Adopted 29 Com. Reg. 27940 (Dec. 18, 2007); Amdts Proposed 29 Com. Reg. 26805 (Sept. 27, 2007); Amdts Adopted 29 Com. Reg. 26431 (Feb. 15, 2007); Amdts Proposed 28 Com. Reg. 26326 (Nov. 30, 2006); Amdts Adopted 27 Com. Reg. 24627 (June 20, 2005); Amdts Proposed 27 Com. Reg. 23926 (Feb. 17, 2005); Amdts Proposed 26 Com. Reg. 22873 (Aug. 26, 2004); Amdts Proposed 26 Com. Reg. 22845 (July 26, 2004); Amdts Adopted 25 Com. Reg. 20077 (Mar. 31, 2003); Amdts Proposed 24 Com. Reg. 19557 (Oct. 30, 2002).

 

Commission Comment: The 2003 amendments added this section and re-designated the remaining sections in this part accordingly. The 2005 amendments re-promulgated this section in its entirety with numerous amendments.

 

The February 2007 amendments added the second sentence of subsections (a)(5)(ii), (b)(4)(ii), (c)(4)(ii), and (d)(4)(ii). The December 2007 amendments amended subsections (a), (a)(1), (a)(2), (a)(4)(i), (a)(4)(iv), (a)(6), (b)(1), (b)(2), (b)(3), (b)(4), (b)(5), (c)(1), (c)(3), (c)(5), (d)(1), (d)(3), and (d)(5). The 2009 amendments amended subsections (a)(4)(iv)(B) through (a)(4)(iv)(H). The February 2010 amendments amended subsections (c)(1)(ii) and (d)(1)(ii). The August 2010 amendments amended subsections (c)(1)(ii), (c)(1)(ii)(F), (d)(1)(ii), and (d)(1)(ii)(F). The 2013 amendments added subsection (e). The 2014 amendments amended subsections (a)(4)(iii) and (a)(4)(v).

 

The Commission corrected the spelling of the phrase “associate’s degree” in subsection (c)(1) and of the phrase “bachelor’s degree” in subsection (d) pursuant to 1 CMC § 3806(g). The Commission inserted a close parenthesis in subsection (d)(1)(iii)(J) pursuant to 1 CMC § 3806(g). The Commission inserted a period at the end of subsection (e)(3) pursuant to 1 CMC § 3806(g). The Commission struck the figure “3” from subsection (a)(4)(iii) pursuant to 1 CMC § 3806(e).

 

The Commission designated the subsections contained in these amendments pursuant to 1 CMC § 3806(a) and amended the appropriate subsections despite the notations and numbering set forth in the amendments. The Commission re-designated § 125-40-115 (d)(1)(iv) to (d)(1)(iii), as subsection (iii) was deleted in these amendments. The Commission replaced “1/1/15” with “January 1, 2015” in subsection (a)(1)(iii). The Commission, pursuant to 1 CMC § 3806(f), changed the capitalization of: “training appraiser” and “supervisory appraiser” in subsections (a)(1)(iii) and (a)(4)(v); “associate” in subsection (b)(1); “certified residential” and “certified residential real property appraiser” in subsections (c)(1)(i) and (ii); “certified general” in (d)(1)(i); and “certified general real property appraiser” and “course” in subsection (d)(1)(ii). The Commission changed “completion/termination” with “completion or termination” pursuant to 1 CMC § 3806(g). The Commission removed subsections (A)-(G) from (b)(1) as it was apparent that they no longer existed after the May 2015 adoption. The Commission removed the “®” from section (b)(1). The Commission struck the figure “150” from subsection (b)(2)(ii)(A) and the figures “2,000” and “12” from (b)(2)(ii)(C) pursuant to 1 CMC § 3806(e). The Commission substituted section numbers as follows: “§ 125-40-115(b)(1)” to correct the reference and to replace the word “above” in § 125-40-115(b)(2)(ii)(B), “§ 125-40-115 (c)(1)(i)” to correct the reference and to replace the word “above” in § 125-40-115 (c)(2)(ii)(B), and “§ 125-40-115 (d)(1)(i)” to correct the reference and to replace the word “above” in § 125-40-115 (d)(2)(ii)(B) pursuant to 1 CMC § 3806(c) and (d).

 

§ 125-40-120  Approved Course Providers

 

(a)       Colleges, universities, and community and junior colleges accredited by the Commission on Colleges, or a regional or national accreditation association, or by an accrediting agency that is recognized by the U.S. Secretary of Education.

 

(b)       Real property appraiser or real estate related organizations, proprietary schools, and others shall be approved provided that the course provider has been approved by the Board, or has obtained approval of their course(s) under the Appraisal Qualifications Board (AQB) course approval program (CAP).

 

Modified, 1 CMC § 3806(f), (g).

 

History: Amdts Adopted 29 Com. Reg. 27940 (Dec. 18, 2007); Amdts Proposed 29 Com. Reg. 26805 (Sept. 27, 2007); Amdts Adopted 27 Com. Reg. 24627 (June 20, 2005); Amdts Proposed 27 Com. Reg. 23926 (Feb. 17, 2005); Amdts Proposed 26 Com. Reg. 22873 (Aug. 26, 2004); Amdts Proposed 26 Com. Reg. 22845 (July 26, 2004); Amdts Adopted 25 Com. Reg. 20077 (Mar. 31, 2003); Amdts Proposed 24 Com. Reg. 19557 (Oct. 30, 2002); Amdts Adopted 21 Com. Reg. 16564 (Feb. 18, 1999); Amdts Proposed 20 Com. Reg. 16183 (Oct. 15, 1998); Amdts Adopted 19 Com. Reg. 14884 (Jan. 15, 1997); Amdts Proposed 18 Com. Reg. 14428 (Oct. 15, 1996); Amdts Adopted 16 Com. Reg. 12685 (Dec. 15, 1994); Amdts Proposed 16 Com. Reg. 12053 (June 15, 1994); Adopted 13 Com. Reg. 8465 (Nov. 15, 1991); Proposed 13 Com. Reg. 8109 (Oct. 15, 1991); Proposed 13 Com. Reg. 7712 (June 15, 1991).

 

Commission Comment: The 1994 amendments added subsection (c)(6) and amended subsection (d). The 1997 amendments amended subsections (a) and (b) and added a new subsection (c). The 1999 amendments deleted former subsections (d) and (e), added a new subsection (d), and amended subsections (b and (c). The 2003 amendments deleted former subsection (d) and amended subsection (b). The 2005 amendments deleted former subsection (b), re-designated subsection (c) accordingly, and amended subsections (a) and (b). The 2007 amendments amended subsection (a).

 

In subsection (b), the Commission changed “have” to “has” to correct a manifest error. The Commission inserted a comma after the word “universities” in subsection (a) pursuant to 1 CMC § 3806(g).

 

The 2003 amendments also deleted former § 4.5, entitled “Disapproval of Course Providers or Courses.” See 20 Com. Reg. at 16200 (Oct. 15, 1998). The 2007 amendments contained new text in subsection (b), but did not note an intent to amend the regulation. See 29 Com. Reg. at 26832 (Sept. 27. 2007).

 

§ 125-40-125  Continuing Education (CE)

 

The purpose of continuing education is to ensure that the appraiser participates in a program that maintains and increases his/her skill, knowledge and competency in real estate appraising.

 

(a)       The equivalent of fourteen classroom hours of instruction in courses or seminars for each year during the period preceding the renewal is required. (For example, a two-year licensing term would require twenty-eight hours). These hours may be obtained anytime during the two-year term.

 

(b)       Credit towards the continuing education hour requirements for each appraiser classification may be granted only where the length of the educational offering is at least two hours.

 

(c)       Credit for the classroom hour requirement may be obtained only from the following institutions:

(1)       Colleges or universities

(2)       Community or junior colleges

(3)       Real estate appraisal or real estate related organizations

(4)       State or federal agencies or commissions

(5)       Proprietary schools

(6)       Providers approved by the Board

(7)       AQB approved course providers.

 

(d)       Credit may be granted for educational offerings which are consistent with the purpose of continuing education and cover real estate related appraisal topics, including, but not limited to:

(1)       Ad valorem taxation;

(2)       Arbitration, dispute resolution;

(3)       Courses related to the practice of real estate appraisal or consulting;

(4)       Development cost estimating;

(5)       Ethics and standards of professional practice, USPAP;

(6)       Land use planning, zoning;

(7)       Management, leasing, timesharing;

(8)       Property development, partial interests;

(9)       Real estate law, easements, and legal interests;

(10)     Real estate litigation, damages, condemnation;

(11)     Real estate financing and investment;

(12)     Real estate appraisal related computer applications; and/or

(13)     Real estate securities and syndication.

 

(e)       Appraisers must successfully complete the 7-hour National USPAP update course, or its equivalent, every two calendar years. Equivalency shall be determined through the AQB course approval program or by an alternate method established by the AQB. USPAP continuing education credit shall only be awarded when the class is instructed by an AQB certified instructor(s) who is also a state certified appraiser. Individuals who are licensed in more than one jurisdiction shall not have to take more than one 7-hour National USPAP update course within a two calendar year period for the purposes of meeting AQB criteria.

 

(f)        Qualifying education courses are acceptable as continuing education courses as long as they are not a duplicate.

 

(g)       Aside from complying with the requirements to complete the 7-hour National USPAP Update course, or its equivalent, appraisers may not receive credit for completion of the same continuing education course offering within an appraiser's continuing education cycle.

 

(h)       The Board, in its discretion, may require the completion of an examination at the end of any continuing education course.

 

(i)        Up to one half of an individual’s continuing education requirement for participation, other than as a student, in appraisal educational processes and programs. Examples of activities for which credit may be granted are teaching, program development, authorship of textbooks, or similar activities that are determined by the Board to be equivalent to obtained continuing education. Credit for instructing any given course or seminar can only be awarded once during a continuing education cycle.

 

(j)        Educational offerings taken by an individual in order to fulfill the class hour requirements for a different classification than his/her current classification may be simultaneously counted towards the continuing education requirement of his/her classification.

 

(k)       Continuing education credit hours in excess of the twenty-eight continuing education hours for every two year renewal period shall not be credited to satisfy continuing education hours for the next two year renewal period.

 

(l)        As a prerequisite to renewal of a license, a real property appraiser shall present satisfactory evidence of having met the continuing education requirements.

 

(m)      Distance education to meet continuing education requirement

For continuing education, distance education is defined as any educational process based on the geographical separation of learner and instructor.

(1)       Distance education courses may be acceptable to meet the continuing education requirement provided that the course is approved by the Board, the course is a minimum of 2 classroom hours and meets the requirements for continuing education courses established by the AQB, and meets one of the following conditions:

(i)        The course is presented to an organized group in an instructional setting with a person qualified and available to answer questions, provide information, and monitor student attendance; or

(ii)       The course is presented by an accredited (Commission on Colleges or a regional accreditation association) college or university that offers distance education programs in other disciplines and the student successfully completes a written examination proctored by an official approved by the presenting college or university or by the sponsoring organization consistent with the requirements of the course accreditation; or

(iii)      The course has received approval of the International Distance Education Certification Center (IDECC) for the course design and delivery mechanism and either

(A)      the approval of the AQB through the AQB Course Approval Program, or

(B)       the course is approved by the Board and the student successfully completes a written examination proctored by an official approved by the presenting college or university or by the sponsoring organization consistent with the requirements of the course accreditation; or if a written examination is not required, the student successfully completes the course mechanisms required.

 

Modified, 1 CMC § 3806(e), (f), (g).

 

History: Amdts Adopted 37 Com. Reg. 36538 (May 28, 2015); Amdts Proposed 37 Com. Reg. 36022 (Feb. 28, 2015); Amdts Adopted 32 Com. Reg. 30060 (Feb. 19, 2010); Amdts Proposed 31 Com. Reg. 29997 (Dec. 22, 2009); Amdts Adopted 29 Com. Reg. 27940 (Dec. 18, 2007); Amdts Proposed 29 Com. Reg. 26805 (Sept. 27, 2007); Amdts Adopted 27 Com. Reg. 24627 (June 20, 2005); Amdts Proposed 27 Com. Reg. 23926 (Feb. 17, 2005); Amdts Proposed 26 Com. Reg. 22873 (Aug. 26, 2004); Amdts Proposed 26 Com. Reg. 22845 (July 26, 2004); Amdts Adopted 25 Com. Reg. 20077 (Mar. 31, 2003); Amdts Proposed 24 Com. Reg. 19557 (Oct. 30, 2002); Amdts Adopted 21 Com. Reg. 16564 (Feb. 18, 1999); Amdts Proposed 20 Com. Reg. 16183 (Oct. 15, 1998); Amdts Adopted 19 Com. Reg. 14884 (Jan. 15, 1997); Amdts Proposed 18 Com. Reg. 14428 (Oct. 15, 1996); Amdts Adopted 16 Com. Reg. 12685 (Dec. 15, 1994); Amdts Proposed 16 Com. Reg. 12053 (June 15, 1994); Adopted 13 Com. Reg. 8465 (Nov. 15, 1991); Proposed 13 Com. Reg. 8109 (Oct. 15, 1991); Proposed 13 Com. Reg. 7712 (June 15, 1991).

 

Commission Comment: Amendments have changed this section significantly over time. The 2003 amendments moved this section from former § 4.7, with numerous amendments. The 2005 amendments readopted this section in its entirety with extensive amendments. The 2007 amendments amended subsections (d), (e), (i), (j), and (m). The 2010 amendments amended subsection (m).

 

In subsections (c)(7) and (d)(13), the Commission inserted the final periods.

 

The Commission changed the capitalization of the words “hour” and “course” in subsection (g) pursuant to 1 CMC § 3806(f).

 

 

Part 200 -       Appraisers; Non-federally Related Transactions

 

§ 125-40-201  Education/Experience Requirements for Non-Federally Related Transactions

 

Applicants must meet the following requirements for licensing as a CNMI licensed residential real property appraiser, non-federally related transactions, or CNMI licensed general real property appraiser, non-federally related transactions, or for renewal:

 

(a)       Licensed Residential Real Property Appraiser; Non-Federally Related Transactions - includes the appraisal of vacant or unimproved land of one to four residential units. This classification does not include the appraisal of subdivisions wherein a development appraisal is necessary and utilized. This appraiser is not qualified under the law and the regulations in this chapter to perform federally related real property transactions. At least 50% of the experience claimed must have been in major residential appraisal work.

 

(b)       Licensed General Real Property Appraiser; Non-Federally Related Transactions - This classification requires that at least 50% of the experience claimed must have been in non-residential appraisal work and can do appraisals of all real estate transactions without regard to transaction value or complexity. This appraiser is not qualified under the law and the regulations in this chapter to perform federally related real property transactions.

 

(c)       Education and Experience

(1)       One hundred classroom hours in courses related to real estate appraisal with six years experience as an appraiser; or

(2)       An AA in Business Administration with seventy-five classroom hours in courses related to real estate appraisal with 4 years experience as an appraiser; or

(3)       A bachelor’s degree or higher with fifty classroom hours in courses related to real property appraisal and two years experience as an appraiser.

 

(d)       All applicants must take and pass the local appraisal examination approved by the Board. The examination shall be based upon recognized appraisal standards, to be selected and administered by the Board pursuant to its rule making power.

 

(e)       Police clearance from all states where licensed or certified or presently or formerly residing shall be furnished as a condition to apply for a license or certification or renewal.

 

(f)        To verify appraisal experience as required in subsection (c), the applicant must submit at least one appraisal report he or she has written for each of the required years of experience above mentioned.

 

Modified, 1 CMC § 3806(d), (e), (f).

 

History: Amdts Adopted 36 Com. Reg. 34927 (Apr. 28, 2014); Amdts Proposed 36 Com. Reg. 34795 (Feb. 28, 2014); Amdts Adopted 27 Com. Reg. 24627 (June 20, 2005); Amdts Proposed 27 Com. Reg. 23926 (Feb. 17, 2005); Amdts Proposed 26 Com. Reg. 22873 (Aug. 26, 2004); Amdts Proposed 26 Com. Reg. 22845 (July 26, 2004); Amdts Adopted 25 Com. Reg. 20077 (Mar. 31, 2003); Amdts Proposed 24 Com. Reg. 19557 (Oct. 30, 2002); Amdts Adopted 21 Com. Reg. 16564 (Feb. 18, 1999); Amdts Proposed 20 Com. Reg. 16183 (Oct. 15, 1998); Amdts Adopted 19 Com. Reg. 14884 (Jan. 15, 1997); Amdts Proposed 18 Com. Reg. 14428 (Oct. 15, 1996); Amdts Adopted 16 Com. Reg. 12685 (Dec. 15, 1994); Amdts Proposed 16 Com. Reg. 12053 (June 15, 1994); Adopted 13 Com. Reg. 8465 (Nov. 15, 1991); Proposed 13 Com. Reg. 8109 (Oct. 15, 1991); Proposed 13 Com. Reg. 7712 (June 15, 1991).

 

Commission Comment: The 1994 amendments added a new subsection (e) and extensively amended subsection (a). The 1999 amendments amended former subsections (a)(1) through (a)(4). The 2003 amendments deleted former subsections (d) and (e), added subsections (a), (b), and (d), re-designated the remaining subsections accordingly and amended the opening paragraph and subsections (c) and (f). The 2005 amendments amended subsections (c)(1), (c)(2), and (c)(3). The 2014 amendments amended the initial paragraph and subsections (a) and (b).

 

Subsection (f) was omitted from the 2007 reprinting of the regulations in the Commonwealth Register, but the Notice of Proposed Regulations did not indicate an intent to repeal it. See 29 Com. Reg. at 26835 (Sept. 17, 2007).

 

The Commission inserted commas after the word “transactions” in the initial paragraph pursuant to 1 CMC § 3806(g).

 

Part 300 -       Application

 

§ 125-40-301  Application for Licensure

 

Application for licensure shall be made under oath or under penalty of perjury as permitted under CNMI law on a form to be furnished by the Board. The form may require the applicant to provide:

 

(a)       The applicant’s full name;

 

(b)       A statement that the applicant has attained the age of majority (18);

 

(c)       The applicant’s current business or mailing address or publication, and the applicant’s current resident address;

 

(d)       The applicant’s Social Security number;

 

(e)       The applicant’s employment history during the five years preceding the date of the filing of the application, with names and addresses of each employer;

 

(f)        Police clearance from a U.S. state or territory or foreign jurisdiction where licensed or presently or formerly residing shall be furnished as a condition to apply for a license;

 

(g)       The date and place of any conviction of felony or any crime in any way related to any appraisal practice;

 

(h)       Information regarding any disciplinary proceedings or disciplinary actions taken by any jurisdiction;

 

(i)        A designation in writing appointing the Board to act as the applicant’s agent upon whom all judicial and other process or legal notices directed to the applicant may be served. The applicant shall agree that service upon the Board shall have the same legal force and validity as if personally served upon the applicant when such judicial or other process or legal notice is related directly or indirectly to a license or certificate issued by the Board. This procedure is for informational purposes only and is not intended to be, and of itself does not constitute, valid, legal service upon the licensee who must be served on a basis consistent with applicable CNMI laws, rules, regulations and/or rules of court. The Board shall immediately forward such judicial or other process or legal notice to the licensee by the mailing of such document certified mail, return receipt requested, to the last address which the licensee has provided to the Board. The Board’s compliance with the notification requirement as provided herein shall conclude the Board’s liability and notification responsibility of the licensee.

 

(j)        A photograph of the applicant for identification purposes;

 

(k)       Any other information the Board may require to investigate the applicant’s qualifications for licensure.

 

Modified, 1 CMC § 3806(f).

 

History: Amdts Adopted 29 Com. Reg. 27940 (Dec. 18, 2007); Amdts Proposed 29 Com. Reg. 26805 (Sept. 27, 2007); Amdts Adopted 27 Com. Reg. 24627 (June 20, 2005); Amdts Proposed 27 Com. Reg. 23926 (Feb. 17, 2005); Amdts Proposed 26 Com. Reg. 22873 (Aug. 26, 2004); Amdts Proposed 26 Com. Reg. 22845 (July 26, 2004); Amdts Adopted 25 Com. Reg. 20077 (Mar. 31, 2003); Amdts Proposed 24 Com. Reg. 19557 (Oct. 30, 2002); Amdts Adopted 21 Com. Reg. 16564 (Feb. 18, 1999); Amdts Proposed 20 Com. Reg. 16183 (Oct. 15, 1998); Amdts Adopted 19 Com. Reg. 14884 (Jan. 15, 1997); Amdts Proposed 18 Com. Reg. 14428 (Oct. 15, 1996); Amdts Adopted 16 Com. Reg. 12685 (Dec. 15, 1994); Amdts Proposed 16 Com. Reg. 12053 (June 15, 1994); Adopted 13 Com. Reg. 8465 (Nov. 15, 1991); Proposed 13 Com. Reg. 8109 (Oct. 15, 1991); Proposed 13 Com. Reg. 7712 (June 15, 1991).

 

Commission Comment: The 1997 amendments amended subsection (j). The 1999 amendments amended the opening paragraph and subsections (f) and (h). The 2003 amendments deleted former subsection (j), re-designated former subsection (k) and amended subsection (b). The 2005 amendments amended the opening paragraph and subsections (b), (h), and (j). The 2007 amendments inserted new subsection (f) and re-designated the remaining subsections appropriately.

 

§ 125-40-305  Supporting Documents Required

 

Every applicant shall furnish the following with the application:

 

(a)       The appropriate fees;

 

(b)       Proof that the applicant has met the educational, examination, and experience requirements;

 

(c)       Notarized statement of experience or under penalty of perjury as permitted by applicable CNMI law;

 

(d)       Three reference from lenders or other individuals who have had dealings relating to the applicant’s appraisal assignments attesting to the applicant’s experience and reputation for honesty, truthfulness, fairness, and financial integrity;

 

(e)       If requested, proof that the applicant is a CNMI or United States citizen or a non-U.S. citizen authorized to work in the CNMI; and

 

(f)        If requested, appraisal reports or file memoranda.

 

(g)       Other additional information as the Board from time to time deems appropriate or necessary.

 

Modified, 1 CMC § 3806(g).

 

History: Amdts Adopted 27 Com. Reg. 24627 (June 20, 2005); Amdts Proposed 27 Com. Reg. 23926 (Feb. 17, 2005); Amdts Proposed 26 Com. Reg. 22873 (Aug. 26, 2004); Amdts Proposed 26 Com. Reg. 22845 (July 26, 2004); Amdts Adopted 25 Com. Reg. 20077 (Mar. 31, 2003); Amdts Proposed 24 Com. Reg. 19557 (Oct. 30, 2002); Amdts Adopted 21 Com. Reg. 16564 (Feb. 18, 1999); Amdts Proposed 20 Com. Reg. 16183 (Oct. 15, 1998); Amdts Adopted 19 Com. Reg. 14884 (Jan. 15, 1997); Amdts Proposed 18 Com. Reg. 14428 (Oct. 15, 1996); Amdts Adopted 16 Com. Reg. 12685 (Dec. 15, 1994); Amdts Proposed 16 Com. Reg. 12053 (June 15, 1994); Adopted 13 Com. Reg. 8465 (Nov. 15, 1991); Proposed 13 Com. Reg. 8109 (Oct. 15, 1991); Proposed 13 Com. Reg. 7712 (June 15, 1991).

 

Commission Comment: The 1997 amendments amended subsections (b) and (e). The 1999 amendments added new subsection (g) and amended subsection (c).

 

In the opening paragraph, the Commission changed “applicant” to “application” to correct a manifest error.

 

§ 125-40-310  Reputation for Honesty, Truthfulness, Fairness, and Financial Integrity

 

Applicant shall demonstrate, as set forth in § 125-40-305(d) that the applicant possesses a good reputation for honesty, truthfulness, fairness, and financial integrity.

 

Modified, 1 CMC § 3806(c).

 

History: Amdts Adopted 27 Com. Reg. 24627 (June 20, 2005); Amdts Proposed 27 Com. Reg. 23926 (Feb. 17, 2005); Amdts Proposed 26 Com. Reg. 22873 (Aug. 26, 2004); Amdts Proposed 26 Com. Reg. 22845 (July 26, 2004); Amdts Adopted 25 Com. Reg. 20077 (Mar. 31, 2003); Amdts Proposed 24 Com. Reg. 19557 (Oct. 30, 2002); Amdts Adopted 21 Com. Reg. 16564 (Feb. 18, 1999); Amdts Proposed 20 Com. Reg. 16183 (Oct. 15, 1998); Amdts Adopted 19 Com. Reg. 14884 (Jan. 15, 1997); Amdts Proposed 18 Com. Reg. 14428 (Oct. 15, 1996); Amdts Adopted 16 Com. Reg. 12685 (Dec. 15, 1994); Amdts Proposed 16 Com. Reg. 12053 (June 15, 1994); Adopted 13 Com. Reg. 8465 (Nov. 15, 1991); Proposed 13 Com. Reg. 8109 (Oct. 15, 1991); Proposed 13 Com. Reg. 7712 (June 15, 1991).

 

Commission Comment: The 2003 amendments moved this section from former § 4.8. See 20 Com. Reg. at 16203 (Oct. 15, 1998).

 

The 1999 amendments deleted former § 5.10, entitled “Examination Requirement.” See 18 Com. Reg. at 14445 (Oct. 15, 1996).

 

The Commission inserted a comma after the word “fairness” pursuant to 1 CMC § 3806(g).

 

§ 125-40-315  Issuance of License

 

The CNMI appraiser license shall be issued upon the applicant meeting all appropriate requirements and must be renewed as required by the CNMI law and provided herein every two years from the date of issuance or renewal.

 

History: Amdts Adopted 27 Com. Reg. 24627 (June 20, 2005); Amdts Proposed 27 Com. Reg. 23926 (Feb. 17, 2005); Amdts Proposed 26 Com. Reg. 22873 (Aug. 26, 2004); Amdts Proposed 26 Com. Reg. 22845 (July 26, 2004); Amdts Adopted 25 Com. Reg. 20077 (Mar. 31, 2003); Amdts Proposed 24 Com. Reg. 19557 (Oct. 30, 2002); Amdts Adopted 21 Com. Reg. 16564 (Feb. 18, 1999); Amdts Proposed 20 Com. Reg. 16183 (Oct. 15, 1998); Amdts Adopted 19 Com. Reg. 14884 (Jan. 15, 1997); Amdts Proposed 18 Com. Reg. 14428 (Oct. 15, 1996); Amdts Adopted 16 Com. Reg. 12685 (Dec. 15, 1994); Amdts Proposed 16 Com. Reg. 12053 (June 15, 1994); Adopted 13 Com. Reg. 8465 (Nov. 15, 1991); Proposed 13 Com. Reg. 8109 (Oct. 15, 1991); Proposed 13 Com. Reg. 7712 (June 15, 1991). Commission Comment: The 2003 amendments moved this section from former § 4.10. See 20 Com. Reg. at 16203 (Oct. 15, 1998).

 

§ 125-40-320  License

 

A CNMI license shall only be issued to individuals and the license shall not be transferable.

 

History: Amdts Adopted 27 Com. Reg. 24627 (June 20, 2005); Amdts Proposed 27 Com. Reg. 23926 (Feb. 17, 2005); Amdts Proposed 26 Com. Reg. 22873 (Aug. 26, 2004); Amdts Proposed 26 Com. Reg. 22845 (July 26, 2004); Amdts Adopted 25 Com. Reg. 20077 (Mar. 31, 2003); Amdts Proposed 24 Com. Reg. 19557 (Oct. 30, 2002); Amdts Adopted 21 Com. Reg. 16564 (Feb. 18, 1999); Amdts Proposed 20 Com. Reg. 16183 (Oct. 15, 1998); Amdts Adopted 19 Com. Reg. 14884 (Jan. 15, 1997); Amdts Proposed 18 Com. Reg. 14428 (Oct. 15, 1996); Amdts Adopted 16 Com. Reg. 12685 (Dec. 15, 1994); Amdts Proposed 16 Com. Reg. 12053 (June 15, 1994); Adopted 13 Com. Reg. 8465 (Nov. 15, 1991); Proposed 13 Com. Reg. 8109 (Oct. 15, 1991); Proposed 13 Com. Reg. 7712 (June 15, 1991).

 

Commission Comment: The 2003 amendments moved this section from former § 4.11. See 20 Com. Reg. at 16203 (Oct. 15, 1998).

 

§ 125-40-325  Filing of Current Address

 

Every licensee or certificate holder shall provide written notice to the Board of any changes of the licensee’s mailing, business, or residence address within ten days of the change. Any requirements that the Board provide notice to licensed appraisers shall be deemed met if notice is sent to the address on file with the Board.

 

History: Amdts Adopted 27 Com. Reg. 24627 (June 20, 2005); Amdts Proposed 27 Com. Reg. 23926 (Feb. 17, 2005); Amdts Proposed 26 Com. Reg. 22873 (Aug. 26, 2004); Amdts Proposed 26 Com. Reg. 22845 (July 26, 2004); Amdts Adopted 25 Com. Reg. 20077 (Mar. 31, 2003); Amdts Proposed 24 Com. Reg. 19557 (Oct. 30, 2002); Amdts Adopted 21 Com. Reg. 16564 (Feb. 18, 1999); Amdts Proposed 20 Com. Reg. 16183 (Oct. 15, 1998); Amdts Adopted 19 Com. Reg. 14884 (Jan. 15, 1997); Amdts Proposed 18 Com. Reg. 14428 (Oct. 15, 1996); Amdts Adopted 16 Com. Reg. 12685 (Dec. 15, 1994); Amdts Proposed 16 Com. Reg. 12053 (June 15, 1994); Adopted 13 Com. Reg. 8465 (Nov. 15, 1991); Proposed 13 Com. Reg. 8109 (Oct. 15, 1991); Proposed 13 Com. Reg. 7712 (June 15, 1991).

 

Commission Comment: The 2003 amendments moved this section from former § 4.12. See 20 Com. Reg. at 16203 (Oct. 15, 1998).

 

The 1996 amendments deleted former § 5.14, entitled “Transitional Appraisers.” See 16 Com. Reg. at 12073 (June 15, 1994).

 

§ 125-40-330  Responsibility of Applicant to Furnish Information and Documentation

 

It shall be each applicant’s responsibility to furnish the information and documents requested. In the event of any change of information provided, the applicant shall notify the Board in writing within thirty days of any change.

 

History: Amdts Adopted 27 Com. Reg. 24627 (June 20, 2005); Amdts Proposed 27 Com. Reg. 23926 (Feb. 17, 2005); Amdts Proposed 26 Com. Reg. 22873 (Aug. 26, 2004); Amdts Proposed 26 Com. Reg. 22845 (July 26, 2004); Amdts Adopted 25 Com. Reg. 20077 (Mar. 31, 2003); Amdts Proposed 24 Com. Reg. 19557 (Oct. 30, 2002); Amdts Adopted 19 Com. Reg. 14884 (Jan. 15, 1997); Amdts Adopted 21 Com. Reg. 16564 (Feb. 18, 1999); Amdts Proposed 20 Com. Reg. 16183 (Oct. 15, 1998); Amdts Proposed 18 Com. Reg. 14428 (Oct. 15, 1996); Amdts Adopted 16 Com. Reg. 12685 (Dec. 15, 1994); Amdts Proposed 16 Com. Reg. 12053 (June 15, 1994); Adopted 13 Com. Reg. 8465 (Nov. 15, 1991); Proposed 13 Com. Reg. 8109 (Oct. 15, 1991); Proposed 13 Com. Reg. 7712 (June 15, 1991).

 

§ 125-40-335  Signing and Verification of Application

 

Every application and all references shall be signed and notarized or signed under penalty of perjury as permitted by applicable CNMI law by the applicant or the person attesting to the experience and reputation of the applicant.

 

History: Amdts Adopted 27 Com. Reg. 24627 (June 20, 2005); Amdts Proposed 27 Com. Reg. 23926 (Feb. 17, 2005); Amdts Proposed 26 Com. Reg. 22873 (Aug. 26, 2004); Amdts Proposed 26 Com. Reg. 22845 (July 26, 2004); Amdts Adopted 25 Com. Reg. 20077 (Mar. 31, 2003); Amdts Proposed 24 Com. Reg. 19557 (Oct. 30, 2002); Amdts Adopted 21 Com. Reg. 16564 (Feb. 18, 1999); Amdts Proposed 20 Com. Reg. 16183 (Oct. 15, 1998); Amdts Adopted 19 Com. Reg. 14884 (Jan. 15, 1997); Amdts Proposed 18 Com. Reg. 14428 (Oct. 15, 1996); Amdts Adopted 16 Com. Reg. 12685 (Dec. 15, 1994); Amdts Proposed 16 Com. Reg. 12053 (June 15, 1994); Adopted 13 Com. Reg. 8465 (Nov. 15, 1991); Proposed 13 Com. Reg. 8109 (Oct. 15, 1991); Proposed 13 Com. Reg. 7712 (June 15, 1991).

 

§ 125-40-340  Application for Temporary Practice

 

Application for a temporary license will be processed and issued within five business days after receipt of a complete application for a temporary license.

 

Modified, 1 CMC § 3806(e).

 

History: Amdts Adopted 27 Com. Reg. 24627 (June 20, 2005); Amdts Proposed 27 Com. Reg. 23926 (Feb. 17, 2005); Amdts Proposed 26 Com. Reg. 22873 (Aug. 26, 2004); Amdts Proposed 26 Com. Reg. 22845 (July 26, 2004); Amdts Adopted 25 Com. Reg. 20077 (Mar. 31, 2003); Amdts Proposed 24 Com. Reg. 19557 (Oct. 30, 2002).

 

§ 125-40-345  Application for Certified Real Property Appraiser, Federally Related Transactions from Licensed Real Property Appraiser, Federally Related Transaction

 

(a)       An individual holding a current real property appraiser, federally related transaction license may apply for certified real property appraiser, federally related transactions status upon submittal of the following:

(1)       Certified Residential Real Property Appraiser:

(i)        Appropriate fees;

(ii)       Proof that the applicant has satisfy* the college-level educational requirements as specified in section 125-40-115(c)(1)(i) or (ii) and the 200 class hours as specified in section 125-40-115(c)(1)(iii), which may include the 150 classroom hours requirements for licensed classification, or courses in subjects related to real property appraisal which shall include the 15 hour National USPAP course and examination and successful completion of the AQB approved Uniform State Certified Residential Appraiser Examination; and

(iii)      Proof that the applicant has performed at least 2,500 hours of major residential appraisal work obtained within no less than 24 months.

(2)       Certified General Real Property Appraiser:

(i)        Appropriate fees;

(ii)       Proof that the applicant has satisfy* the college-level educational requirements as specified in section 125-40-115(d)(1)(i) or (ii) and the 300 class hours as specified in section 125-40-115(d)(1)(iii) which may include the 150 classroom hours requirement for the licensed classification and/or the 200 classroom hours requirement for the certified residential classification of courses in subjects related to real property appraisal which shall include the 15-hours National USPAP course and examination and successful completion of the AQB approved Uniform State Certified General Appraiser Examination; and

(iii)      Proof that the applicant has performed at least 3,000 hours of appraisal experience obtained during no fewer than 30 months, of which 1,500 hours must be in non-residential appraisal work.

 

(b)       Credit awarded for the continuing education requirement may also be awarded for the classroom hour requirement when an individual seeks a different classification than that held, provided the education offering meets the criteria established for the classroom hour and continuing education requirements.

 

* So in original.

 

Modified, 1 CMC § 3806(f), (g).

 

History: Amdts Adopted 36 Com. Reg. 34927 (Apr. 28, 2014); Amdts Proposed 36 Com. Reg. 34795 (Feb. 28, 2014); Amdts Adopted 29 Com. Reg. 27940 (Dec. 18, 2007); Amdts Proposed 29 Com. Reg. 26805 (Sept. 27, 2007); Amdts Adopted 27 Com. Reg. 24627 (June 20, 2005); Amdts Proposed 27 Com. Reg. 23926 (Feb. 17, 2005); Amdts Proposed 26 Com. Reg. 22873 (Aug. 26, 2004); Amdts Proposed 26 Com. Reg. 22845 (July 26, 2004); Amdts Adopted 25 Com. Reg. 20077 (Mar. 31, 2003); Amdts Proposed 24 Com. Reg. 19557 (Oct. 30, 2002); Amdts Adopted 21 Com. Reg. 16564 (Feb. 18, 1999); Amdts Proposed 20 Com. Reg. 16183 (Oct. 15, 1998); Amdts Adopted 19 Com. Reg. 14884 (Jan. 15, 1997); Amdts Proposed 18 Com. Reg. 14428 (Oct. 15, 1996); Amdts Adopted 16 Com. Reg. 12685 (Dec. 15, 1994); Amdts Proposed 16 Com. Reg. 12053 (June 15, 1994); Adopted 13 Com. Reg. 8465 (Nov. 15, 1991); Proposed 13 Com. Reg. 8109 (Oct. 15, 1991); Proposed 13 Com. Reg. 7712 (June 15, 1991).

 

Commission Comment: The 1994 amendments readopted this section with extensive amendments. The 1997 amendments deleted former subsection (c). The 1999 and 2003 amendments amended subsections (a)(1)(ii) and (iii) and (a)(2)(ii) and (iii). The 2005 amendments amended subsections (a)(1)(ii) and (a)(2)(ii). The 2007 amendments amended subsections (a)(1)(ii) and (a)(2)(ii). The 2014 amendments amended subsection (a)(1)(iii).

 

In subsection (a)(1)(iii), the Commission changed “hour” to “hours” to correct a manifest error.

 

§ 125-40-350  Criminal Conviction

 

When an applicant has been convicted of felony or a crime related to the appraisal profession the Board may request the following documents from the applicant: copies of any court records, orders, or other documents that state the facts and statutes upon which the applicant was convicted, the verdict of the court with regard to that conviction, the sentence imposed, and the actual terms of the sentence.

 

History: Amdts Adopted 27 Com. Reg. 24627 (June 20, 2005); Amdts Proposed 27 Com. Reg. 23926 (Feb. 17, 2005); Amdts Proposed 26 Com. Reg. 22873 (Aug. 26, 2004); Amdts Proposed 26 Com. Reg. 22845 (July 26, 2004); Amdts Adopted 25 Com. Reg. 20077 (Mar. 31, 2003); Amdts Proposed 24 Com. Reg. 19557 (Oct. 30, 2002); Amdts Adopted 21 Com. Reg. 16564 (Feb. 18, 1999); Amdts Proposed 20 Com. Reg. 16183 (Oct. 15, 1998); Amdts Adopted 19 Com. Reg. 14884 (Jan. 15, 1997); Amdts Proposed 18 Com. Reg. 14428 (Oct. 15, 1996); Amdts Adopted 16 Com. Reg. 12685 (Dec. 15, 1994); Amdts Proposed 16 Com. Reg. 12053 (June 15, 1994); Adopted 13 Com. Reg. 8465 (Nov. 15, 1991); Proposed 13 Com. Reg. 8109 (Oct. 15, 1991); Proposed 13 Com. Reg. 7712 (June 15, 1991).

 

§ 125-40-355  Denial or Rejection of Application

 

(a)       An application for issuance of a license shall be denied when an application is insufficient or incomplete or when an applicant has failed to provide satisfactory proof that the applicant meets the requirements hereunder. In addition, the Board may deny issuance of a license or certificate:

(1)       When the applicant is known to have committed any of the acts for which a license may be suspended or revoked hereunder;

(2)       If the applicant fails to demonstrate that the applicant possesses a good reputation for honesty, truthfulness, fairness and financial integrity; or

(3)       If the applicant has had disciplinary action taken by any jurisdiction, including any federal or state regulatory body.

 

(b)       An applicant shall be automatically rejected and the applicant shall be denied licensure when the applicant, after having been notified to do so:

(1)       Fails to pay the appropriate fees within sixty days from notification; or

(2)       Fails to submit, after notification, any of the information or documentation requested to comply with any of the requirements for licensure or certification within sixty days of notification.

 

(c)       Any application which has been denied or rejected shall remain in the possession of the Board and shall not be returned.

 

(d)       An applicant, whose application has been denied or rejected, may file for an administrative hearing as provided under applicable law and regulations.

 

Modified, 1 CMC § 3806(g).

 

History: Amdts Adopted 27 Com. Reg. 24627 (June 20, 2005); Amdts Proposed 27 Com. Reg. 23926 (Feb. 17, 2005); Amdts Proposed 26 Com. Reg. 22873 (Aug. 26, 2004); Amdts Proposed 26 Com. Reg. 22845 (July 26, 2004); Amdts Adopted 25 Com. Reg. 20077 (Mar. 31, 2003); Amdts Proposed 24 Com. Reg. 19557 (Oct. 30, 2002); Amdts Adopted 21 Com. Reg. 16564 (Feb. 18, 1999); Amdts Proposed 20 Com. Reg. 16183 (Oct. 15, 1998); Amdts Adopted 19 Com. Reg. 14884 (Jan. 15, 1997); Amdts Proposed 18 Com. Reg. 14428 (Oct. 15, 1996); Amdts Adopted 16 Com. Reg. 12685 (Dec. 15, 1994); Amdts Proposed 16 Com. Reg. 12053 (June 15, 1994); Adopted 13 Com. Reg. 8465 (Nov. 15, 1991); Proposed 13 Com. Reg. 8109 (Oct. 15, 1991); Proposed 13 Com. Reg. 7712 (June 15, 1991).

 

Commission Comment: The 2005 amendments amended subsections (a), (a)(1), and (b).

 

In subsection (a)(1), the Commission changed the final period to a semi-colon to correct a manifest error.

 

§ 125-40-360  Term

 

All licenses expire two years following their issuance or renewal and become invalid after that date unless renewed.

 

Modified, 1 CMC § 3806(g).

 

History: Amdts Adopted 27 Com. Reg. 24627 (June 20, 2005); Amdts Proposed 27 Com. Reg. 23926 (Feb. 17, 2005); Amdts Proposed 26 Com. Reg. 22873 (Aug. 26, 2004); Amdts Proposed 26 Com. Reg. 22845 (July 26, 2004); Amdts Adopted 25 Com. Reg. 20077 (Mar. 31, 2003); Amdts Proposed 24 Com. Reg. 19557 (Oct. 30, 2002); Amdts Adopted 21 Com. Reg. 16564 (Feb. 18, 1999); Amdts Proposed 20 Com. Reg. 16183 (Oct. 15, 1998); Amdts Adopted 19 Com. Reg. 14884 (Jan. 15, 1997); Amdts Proposed 18 Com. Reg. 14428 (Oct. 15, 1996); Amdts Adopted 16 Com. Reg. 12685 (Dec. 15, 1994); Amdts Proposed 16 Com. Reg. 12053 (June 15, 1994); Adopted 13 Com. Reg. 8465 (Nov. 15, 1991); Proposed 13 Com. Reg. 8109 (Oct. 15, 1991); Proposed 13 Com. Reg. 7712 (June 15, 1991).

 

Commission Comment: The Commission changed “expires” to “expire,” “its” to “their” and “becomes” to “become” to correct manifest errors.

 

Part 400 -       Temporary Practice

 

§ 125-40-401  Temporary License

 

(a)       The Board may grant a temporary license to a person who desires to practice on a temporary basis, provided that such person is legally qualified and licensed in his or her jurisdiction and that his/her qualifications for obtaining the license meet those required for licensure by this Board and further provided that:

(1)       The person’s business is of a temporary nature; and

(2)       The appraiser applies for the temporary license.

 

(b)       A temporary license shall be used to appraise only one assignment which length of time not to exceed one year and shall provide that there is no right to practice real property appraisal with respect to any other works not set forth in the temporary license.

 

(c)       A temporary license may be extended but only for the purpose of completing the specific job for which the original temporary license was issued.

 

Modified, 1 CMC § 3806(f).

 

History: Amdts Adopted 27 Com. Reg. 24627 (June 20, 2005); Amdts Proposed 27 Com. Reg. 23926 (Feb. 17, 2005); Amdts Proposed 26 Com. Reg. 22873 (Aug. 26, 2004); Amdts Proposed 26 Com. Reg. 22845 (July 26, 2004); Amdts Adopted 25 Com. Reg. 20077 (Mar. 31, 2003); Amdts Proposed 24 Com. Reg. 19557 (Oct. 30, 2002).

 

Commission Comment: The first paragraph was not designated. The Commission designated it subsection (a) and re-designated subsections (b) and (c). The 2005 amendments amended subsections (a), (a)(2), and (b), and added new subsection (c).

 

The 2003 amendments deleted former part VII, entitled “Temporary Recognition of Licensure or Certification of Out-of- CNMI Appraisers.” See 20 Com. Reg. at 16211-12 (Oct. 15, 1998), as amended by 21 Com. Reg. 17029 (Dec. 15, 1999); 21 Com. Reg. 16908 (Sept. 16, 1999).

 

Public Law 15-77 (effective August 20, 2007) amends 4 CMC § 3214 regarding temporary licenses. Section 2 of PL 15-77, codified at 4 CMC § 3214, authorizes the Board to grant temporary licenses provided that “such person is legally qualified and licensed or certified in another any United States or foreign jurisdiction and that his or her qualifications for obtaining the license meet those required requirements for licensure by this Board under 4 CMC § 3215(a) to (e).” PL 15-77 supersedes this section to the extent that they conflict.

 

§ 125-40-405  Requirements

 

Application for licensure for temporary practice shall be made under oath or under penalty of perjury as permitted under CNMI law on a form to be furnished by the Board. The form may require the applicant to provide items above mentioned, and in addition, the applicant shall:

 

(a)       Submit evidence of current license from the other jurisdiction;

 

(b)       Submit a copy of the contract for appraisal services that requires the applicant to appraise real property in the CNMI and certify that such contract is in full force and effect;

 

(c)       Certify that disciplinary proceedings are not pending against the applicant in any jurisdiction;

 

(d)       Agree, in writing, to conform with all the provisions of the regulations in this chapter; and

 

(e)       File a designation in writing appointing the Board to act as the applicant’s agent upon whom all judicial and other process or legal notices directed to the applicant may be served. The applicant shall agree that service upon the Board shall have the same legal force and validity as if personally served upon the applicant when such judicial or other process or legal notice is related directly or indirectly to a license or certificate issued by the Board. The Board shall immediately forward such judicial or other process or legal notice to the licensee or certificate holder by the mailing of such document certified mail, return receipt requested, to the last address which the certificate holder or licensee has provided the Board. The Board’s compliance with the notification requirement as provided herein shall conclude the Board’s liability and notification responsibility of the licensee.

 

Modified, 1 CMC § 3806(d), (f).

 

History: Amdts Adopted 27 Com. Reg. 24627 (June 20, 2005); Amdts Proposed 27 Com. Reg. 23926 (Feb. 17, 2005); Amdts Proposed 26 Com. Reg. 22873 (Aug. 26, 2004); Amdts Proposed 26 Com. Reg. 22845 (July 26, 2004); Amdts Adopted 25 Com. Reg. 20077 (Mar. 31, 2003); Amdts Proposed 24 Com. Reg. 19557 (Oct. 30, 2002).

 

Commission Comment: The 2005 amendments amended the opening paragraph and subsections (a) and (e). The 2005 amendments also deleted former § 125-40-410, entitled “Additional Temporary Licenses or Certificates,” and § 125-40-415, entitled “Renewal of Temporary Licenses or Certificate.” See 25 Com. Reg. 20077 (Mar. 31, 2003); 24 Com. Reg. 19557 (Oct. 30, 2002).

 

Part 500 -       Renewal

 

§ 125-40-501  Date of Filing for Renewal

 

A renewal notice shall be mailed by the Board a month before the expiration date to appraisers whose license is expiring. All licensed appraisers shall request in writing to the Board if they wish to renew their license and must submit proof of the required completed continuing education hours and the renewal fee on or before the date of expiration. The required documents with the renewal fee sent by United States mail shall be considered timely filed if the envelope bears a postmark no later than the date of expiration.

 

History: Amdts Adopted 27 Com. Reg. 24627 (June 20, 2005); Amdts Proposed 27 Com. Reg. 23926 (Feb. 17, 2005); Amdts Proposed 26 Com. Reg. 22873 (Aug. 26, 2004); Amdts Proposed 26 Com. Reg. 22845 (July 26, 2004); Amdts Adopted 25 Com. Reg. 20077 (Mar. 31, 2003); Amdts Proposed 24 Com. Reg. 19557 (Oct. 30, 2002); Amdts Adopted 21 Com. Reg. 16564 (Feb. 18, 1999); Amdts Proposed 20 Com. Reg. 16183 (Oct. 15, 1998); Amdts Adopted 19 Com. Reg. 14884 (Jan. 15, 1997); Amdts Proposed 18 Com. Reg. 14428 (Oct. 15, 1996); Amdts Adopted 16 Com. Reg. 12685 (Dec. 15, 1994); Amdts Proposed 16 Com. Reg. 12053 (June 15, 1994); Adopted 13 Com. Reg. 8465 (Nov. 15, 1991); Proposed 13 Com. Reg. 8109 (Oct. 15, 1991); Proposed 13 Com. Reg. 7712 (June 15, 1991).

 

Commission Comment: The 2003 amendments moved this section from former § 5.9. See 20 Com. Reg. at 16207 (Oct. 15, 1998).

 

§ 125-40-505  Failure to Renew

 

The failure to timely renew the license, pay the applicable fees, submit the required continuing education hours, or paying fees with a check which is dishonored upon first deposit shall cause the license to be automatically invalid.

 

History: Amdts Adopted 27 Com. Reg. 24627 (June 20, 2005); Amdts Proposed 27 Com. Reg. 23926 (Feb. 17, 2005); Amdts Proposed 26 Com. Reg. 22873 (Aug. 26, 2004); Amdts Proposed 26 Com. Reg. 22845 (July 26, 2004); Amdts Adopted 25 Com. Reg. 20077 (Mar. 31, 2003); Amdts Proposed 24 Com. Reg. 19557 (Oct. 30, 2002); Amdts Adopted 21 Com. Reg. 16564 (Feb. 18, 1999); Amdts Proposed 20 Com. Reg. 16183 (Oct. 15, 1998); Amdts Adopted 19 Com. Reg. 14884 (Jan. 15, 1997); Amdts Proposed 18 Com. Reg. 14428 (Oct. 15, 1996); Amdts Adopted 16 Com. Reg. 12685 (Dec. 15, 1994); Amdts Proposed 16 Com. Reg. 12053 (June 15, 1994); Adopted 13 Com. Reg. 8465 (Nov. 15, 1991); Proposed 13 Com. Reg. 8109 (Oct. 15, 1991); Proposed 13 Com. Reg. 7712 (June 15, 1991).

 

Commission Comment: The 2003 amendments moved this section from former § 5.10. See 20 Com. Reg. at 16208 (Oct. 15, 1998).

 

§ 125-40-510  Reinstatement of an Invalid License

 

(a)       Licenses which have expired for failure to renew on or before the date herein above required may be reinstated within one year of the expiration date provided the applicant pays the appropriate fees, and submits all continuing education hours that would have been required had the licensee maintained licensure.

 

(b)       Each individual whose license has expired and lapsed for more than one year by failure to renew must file a new application, meet current requirements and receive board approval for licensure.

 

History: Amdts Adopted 27 Com. Reg. 24627 (June 20, 2005); Amdts Proposed 27 Com. Reg. 23926 (Feb. 17, 2005); Amdts Proposed 26 Com. Reg. 22873 (Aug. 26, 2004); Amdts Proposed 26 Com. Reg. 22845 (July 26, 2004); Amdts Adopted 25 Com. Reg. 20077 (Mar. 31, 2003); Amdts Proposed 24 Com. Reg. 19557 (Oct. 30, 2002); Amdts Adopted 21 Com. Reg. 16564 (Feb. 18, 1999); Amdts Proposed 20 Com. Reg. 16183 (Oct. 15, 1998); Amdts Adopted 19 Com. Reg. 14884 (Jan. 15, 1997); Amdts Proposed 18 Com. Reg. 14428 (Oct. 15, 1996); Amdts Adopted 16 Com. Reg. 12685 (Dec. 15, 1994); Amdts Proposed 16 Com. Reg. 12053 (June 15, 1994); Adopted 13 Com. Reg. 8465 (Nov. 15, 1991); Proposed 13 Com. Reg. 8109 (Oct. 15, 1991); Proposed 13 Com. Reg. 7712 (June 15, 1991).

 

Commission Comment: The 2003 amendments moved this section from former § 5.11 and amended subsection (b). See 20 Com. Reg. at 16208 (Oct. 15, 1998). The 2005 amendments amended subsections (a) and (b).

 

§ 125-40-515  Board May Refuse to Renew or Reinstate License

 

(a)       The Board may refuse to renew or reinstate a license for failure or refusal of the licensee:

(1)       To properly complete or timely submit the renewal application form and submit all fees and required documentation;

(2)       To maintain a good reputation for honesty, truthfulness, fairness and financial integrity;

(3)       To meet and maintain the conditions and requirements necessary to qualify for the issuance of the license; or

(4)       To comply with the law and regulations in this chapter.

 

(b)       An applicant, whose application has been refused by the Board to be renewed or reinstated for the above reasons may file for an administrative hearing as provided by law.

 

Modified, 1 CMC § 3806(d).

 

History: Amdts Adopted 27 Com. Reg. 24627 (June 20, 2005); Amdts Proposed 27 Com. Reg. 23926 (Feb. 17, 2005); Amdts Proposed 26 Com. Reg. 22873 (Aug. 26, 2004); Amdts Proposed 26 Com. Reg. 22845 (July 26, 2004); Amdts Adopted 25 Com. Reg. 20077 (Mar. 31, 2003); Amdts Proposed 24 Com. Reg. 19557 (Oct. 30, 2002); Amdts Adopted 21 Com. Reg. 16564 (Feb. 18, 1999); Amdts Proposed 20 Com. Reg. 16183 (Oct. 15, 1998); Amdts Adopted 19 Com. Reg. 14884 (Jan. 15, 1997); Amdts Proposed 18 Com. Reg. 14428 (Oct. 15, 1996); Amdts Adopted 16 Com. Reg. 12685 (Dec. 15, 1994); Amdts Proposed 16 Com. Reg. 12053 (June 15, 1994); Adopted 13 Com. Reg. 8465 (Nov. 15, 1991); Proposed 13 Com. Reg. 8109 (Oct. 15, 1991); Proposed 13 Com. Reg. 7712 (June 15, 1991).

 

Commission Comment: The 2003 amendments moved this section from former § 5.12. See 20 Com. Reg. at 16208 (Oct. 15, 1998). The 2005 amendments amended subsections (a), (a)(4) and (b).

 

The Commission inserted a comma after the word “fairness” in subsection (a)(3) pursuant to 1 CMC § 3806(g).

 

§ 125-40-520  Inactive Status

 

(a)       A license may be placed on an inactive status upon notification to the Board by the licensee in writing of the effective date of inactivation and payment of an inactive fee.

 

(b)       A licensee on inactive status shall be considered as unlicensed or uncertified.

 

(c)       Failure to reactivate a license on inactive status after two years shall render the license null and void and appraiser must apply as a new applicant and meet current licensing requirements.

 

(d)       Misrepresentation of inactive status on the practice of real property appraisal shall be grounds for disciplinary action.

 

History: Amdts Adopted 31 Com. Reg. 29772 (Aug. 27, 2009); Amdts Proposed 31 Com. Reg. 29647 (June 22, 2009); Amdts Adopted 27 Com. Reg. 24627 (June 20, 2005); Amdts Proposed 27 Com. Reg. 23926 (Feb. 17, 2005); Amdts Proposed 26 Com. Reg. 22873 (Aug. 26, 2004); Amdts Proposed 26 Com. Reg. 22845 (July 26, 2004); Amdts Adopted 25 Com. Reg. 20077 (Mar. 31, 2003); Amdts Proposed 24 Com. Reg. 19557 (Oct. 30, 2002); Amdts Adopted 21 Com. Reg. 16564 (Feb. 18, 1999); Amdts Proposed 20 Com. Reg. 16183 (Oct. 15, 1998); Amdts Adopted 19 Com. Reg. 14884 (Jan. 15, 1997); Amdts Proposed 18 Com. Reg. 14428 (Oct. 15, 1996); Amdts Adopted 16 Com. Reg. 12685 (Dec. 15, 1994); Amdts Proposed 16 Com. Reg. 12053 (June 15, 1994); Adopted 13 Com. Reg. 8465 (Nov. 15, 1991); Proposed 13 Com. Reg. 8109 (Oct. 15, 1991); Proposed 13 Com. Reg. 7712 (June 15, 1991).

 

Commission Comment: The 1999 amendments added new subsections (c) and (d). The 2003 amendments moved this section from former § 5.13. See 20 Com. Reg. at 16208 (Oct. 15, 1998). The 2005 amendments amended subsections (a), (b) and (c). The 2009 amendments amended subsection (a).

 

§ 125-40-525  Requirements to Reactivate

 

(a)       An inactive licensee may apply for reactivation upon payment of all fees due owing from time of inactivity and proof of completion of all continuing education hours the applicant would have had to submit if the applicant has maintained licensure from the date of inactivation.

 

(b)       Failure to meet the requirements for reactivation shall require a person desiring licensure to apply as a new applicant.

 

History: Amdts Adopted 27 Com. Reg. 24627 (June 20, 2005); Amdts Proposed 27 Com. Reg. 23926 (Feb. 17, 2005); Amdts Proposed 26 Com. Reg. 22873 (Aug. 26, 2004); Amdts Proposed 26 Com. Reg. 22845 (July 26, 2004); Amdts Adopted 25 Com. Reg. 20077 (Mar. 31, 2003); Amdts Proposed 24 Com. Reg. 19557 (Oct. 30, 2002); Amdts Adopted 21 Com. Reg. 16564 (Feb. 18, 1999); Amdts Proposed 20 Com. Reg. 16183 (Oct. 15, 1998); Amdts Adopted 19 Com. Reg. 14884 (Jan. 15, 1997); Amdts Proposed 18 Com. Reg. 14428 (Oct. 15, 1996); Amdts Adopted 16 Com. Reg. 12685 (Dec. 15, 1994); Amdts Proposed 16 Com. Reg. 12053 (June 15, 1994); Adopted 13 Com. Reg. 8465 (Nov. 15, 1991); Proposed 13 Com. Reg. 8109 (Oct. 15, 1991); Proposed 13 Com. Reg. 7712 (June 15, 1991).

 

Commission Comment: The 2003 amendments moved this section from former § 5.14. See 20 Com. Reg. at 16209 (Oct. 15, 1998). The 2005 amendments amended subsections (a) and (b).

 

Part 600 -       Scope of Appraisers

 

§ 125-40-601  Supervision of Appraiser Trainees

 

Certified appraisers may directly supervise appraiser trainees provided:

 

(a)       The appraiser trainee is a bona fide employee of the certified appraiser, or an employee of the same entity who employs the certified appraiser; and

 

(b)       The licensed appraiser signs the report attesting the acceptance of the appraisal as being independently and impartially prepared and in compliance with the USPAP.

 

History: Amdts Adopted 36 Com. Reg. 34927 (Apr. 28, 2014); Amdts Proposed 36 Com. Reg. 34795 (Feb. 28, 2014); Amdts Adopted 27 Com. Reg. 24627 (June 20, 2005); Amdts Proposed 27 Com. Reg. 23926 (Feb. 17, 2005); Amdts Proposed 26 Com. Reg. 22873 (Aug. 26, 2004); Amdts Proposed 26 Com. Reg. 22845 (July 26, 2004); Amdts Adopted 25 Com. Reg. 20077 (Mar. 31, 2003); Amdts Proposed 24 Com. Reg. 19557 (Oct. 30, 2002); Amdts Adopted 21 Com. Reg. 16564 (Feb. 18, 1999); Amdts Proposed 20 Com. Reg. 16183 (Oct. 15, 1998); Amdts Adopted 19 Com. Reg. 14884 (Jan. 15, 1997); Amdts Proposed 18 Com. Reg. 14428 (Oct. 15, 1996); Amdts Adopted 16 Com. Reg. 12685 (Dec. 15, 1994); Amdts Proposed 16 Com. Reg. 12053 (June 15, 1994); Adopted 13 Com. Reg. 8465 (Nov. 15, 1991); Proposed 13 Com. Reg. 8109 (Oct. 15, 1991); Proposed 13 Com. Reg. 7712 (June 15, 1991).

 

Commission Comment: The 1999 amendments amended the opening paragraph and subsection (a). The 2003 amendments amended subsection (a). The 2005 amendments amended subsections (a) and (b). The 2014 amendments amended the opening paragraph and subsection (a).

 

§ 125-40-605  Use of Terms “Licensed Appraiser” and “Certified Appraiser”

 

(a)       The terms “licensed real property appraiser,” “certified residential real property appraiser,” and “certified general real property appraiser” for federally related transactions and “licensed real property appraiser,” and “licensed general real property appraiser” for non-federally related transactions, may only be used to refer to an individual who is licensed, federally or non-federally related transactions, as the case may be, under the regulations in this chapter and may not be used following, or immediately in connection with, the name or signature of a corporation, partnership, association, or any group practice, or in any manner that might be interpreted as referring to anyone other than the individual who is licensed.

 

(b)       This requirement shall not be construed to prevent a licensee from signing an appraisal report on behalf of a corporation, partnership, association, or any other group practice if it is clear that only the individual is licensed and the corporation, partnership, association, or group practice is not.

 

(c)       No person may assume or use the title “licensed real property appraiser,” “certified residential real property appraiser,” and “certified general real property appraiser” for federally related transactions, or “licensed real property appraiser,” and “licensed general real property appraiser” for non-federally related transactions, as the case may be, or any title designation or abbreviation likely to create the impression of licensure unless that person holds a current license hereunder.

 

Modified, 1 CMC § 3806(d), (g).

 

History: Amdts Adopted 36 Com. Reg. 34927 (Apr. 28, 2014); Amdts Proposed 36 Com. Reg. 34795 (Feb. 28, 2014); Amdts Adopted 27 Com. Reg. 24627 (June 20, 2005); Amdts Proposed 27 Com. Reg. 23926 (Feb. 17, 2005); Amdts Proposed 26 Com. Reg. 22873 (Aug. 26, 2004); Amdts Proposed 26 Com. Reg. 22845 (July 26, 2004); Amdts Adopted 25 Com. Reg. 20077 (Mar. 31, 2003); Amdts Proposed 24 Com. Reg. 19557 (Oct. 30, 2002); Amdts Adopted 21 Com. Reg. 16564 (Feb. 18, 1999); Amdts Proposed 20 Com. Reg. 16183 (Oct. 15, 1998); Amdts Adopted 19 Com. Reg. 14884 (Jan. 15, 1997); Amdts Proposed 18 Com. Reg. 14428 (Oct. 15, 1996); Amdts Adopted 16 Com. Reg. 12685 (Dec. 15, 1994); Amdts Proposed 16 Com. Reg. 12053 (June 15, 1994); Adopted 13 Com. Reg. 8465 (Nov. 15, 1991); Proposed 13 Com. Reg. 8109 (Oct. 15, 1991); Proposed 13 Com. Reg. 7712 (June 15, 1991).

 

Commission Comment: The 1994 and 1997 amendments amended subsections (a) and (c). The 1999 amendments amended subsections (a) and (c). The 2005 amendments amended subsections (a), (b), and (c). The 2014 amendments amended subsections (a) and (c).

 

In subsections (a) and (c), the Commission moved the commas inside of the closing quotation marks. The Commission inserted a comma after the word “association” in subsection (b) pursuant to 1 CMC § 3806(g).

 

The 1994 amendments deleted former § 7.2, entitled, “CNMI Licensed Appraiser,” and § 7.3, entitled “CNMI Certified Appraiser.” See 13 Com. Reg. at 8496-97 (Nov. 15, 1991).

 

§ 125-40-610  Real Estate-related Financial Transactions Not Requiring Appraisal by a Licensed or Certified Appraiser

 

An appraisal performed by a licensed or certified appraiser (federally related transaction) is not required for any real property-related financial transaction in which:

 

(a)       The transaction value is at or below the de minimus level established by a federal financial institutions regulatory agency;

 

(b)       A lien on real property has been taken as collateral solely through an abundance of caution and where the terms of the transaction as a consequence have not have been more favorable than it would have been in the absence of the lien;

 

(c)       Real property is leased unless the lease is the economic equivalent of a purse or sale of the leased real property;

 

(d)       There is a renewal of an existing transaction in which the maturity and amortization of the obligation are intentionally mismatched for re-pricing or credit quality consideration, provided that:

(1)       The borrower has performed satisfactorily according to the original terms;

(2)       No new monies have been advanced;

(3)       The credit standing of the borrower has not deteriorated; and

(4)       There has been no obvious and material deterioration in market conditions or physical aspects of the property which would threaten the institution’s collateral protection.

 

(e)       A regulated institution purchases a loan or interest in a loan, pooled loan, or interests in real property, including mortgage-backed securities, provided that the appraisal prepared for each pooled loan or real property interest met the appraisal requirements under federal law, if, applicable, at the time or origination.

 

Modified, 1 CMC § 3806(f).

 

History: Amdts Adopted 29 Com. Reg. 27940 (Dec. 18, 2007); Amdts Proposed 29 Com. Reg. 26805 (Sept. 27, 2007); Amdts Adopted 27 Com. Reg. 24627 (June 20, 2005); Amdts Proposed 27 Com. Reg. 23926 (Feb. 17, 2005); Amdts Proposed 26 Com. Reg. 22873 (Aug. 26, 2004); Amdts Proposed 26 Com. Reg. 22845 (July 26, 2004); Amdts Adopted 25 Com. Reg. 20077 (Mar. 31, 2003); Amdts Proposed 24 Com. Reg. 19557 (Oct. 30, 2002); Amdts Adopted 21 Com. Reg. 16564 (Feb. 18, 1999); Amdts Proposed 20 Com. Reg. 16183 (Oct. 15, 1998); Amdts Adopted 19 Com. Reg. 14884 (Jan. 15, 1997); Amdts Proposed 18 Com. Reg. 14428 (Oct. 15, 1996); Amdts Adopted 16 Com. Reg. 12685 (Dec. 15, 1994); Amdts Proposed 16 Com. Reg. 12053 (June 15, 1994).

 

Commission Comment: The 1999 amendments amended subsection (c). The 2007 amendments amended subsection (e).

 

§ 125-40-615  Non-applicability to Real Estate Brokers or Real Estate Salespersons

 

The regulations in this chapter shall not apply to a real estate broker or salesperson, who, in the ordinary course of the real estate broker’s or salesperson’s business, gives an opinion as to the recommended listing price of real property or an opinion to a potential purchaser or third party as to the recommended purchase price of real estate, provided:

 

(a)       The opinion as to the listing or the purchase price shall not be referred to as an appraisal;

 

(b)       No compensation, fee, or other consideration is charged for such opinion other than the normal brokerage fee rendered in connection with the sale of the property; or

 

(c)       No misrepresentation is made that the real estate broker or salesperson is a certified or licensed real property appraiser.

 

Modified, 1 CMC § 3806(d), (f).

 

History: Amdts Adopted 27 Com. Reg. 24627 (June 20, 2005); Amdts Proposed 27 Com. Reg. 23926 (Feb. 17, 2005); Amdts Proposed 26 Com. Reg. 22873 (Aug. 26, 2004); Amdts Proposed 26 Com. Reg. 22845 (July 26, 2004); Amdts Adopted 25 Com. Reg. 20077 (Mar. 31, 2003); Amdts Proposed 24 Com. Reg. 19557 (Oct. 30, 2002); Amdts Adopted 21 Com. Reg. 16564 (Feb. 18, 1999); Amdts Proposed 20 Com. Reg. 16183 (Oct. 15, 1998); Amdts Adopted 19 Com. Reg. 14884 (Jan. 15, 1997); Amdts Proposed 18 Com. Reg. 14428 (Oct. 15, 1996); Amdts Adopted 16 Com. Reg. 12685 (Dec. 15, 1994); Amdts Proposed 16 Com. Reg. 12053 (June 15, 1994); Adopted 13 Com. Reg. 8465 (Nov. 15, 1991); Proposed 13 Com. Reg. 8109 (Oct. 15, 1991); Proposed 13 Com. Reg. 7712 (June 15, 1991).

 

Commission Comment: The 1999 amendments amended the opening paragraph and subsection (c).

 

Part 700 -       Appraisal Standards

 

§ 125-40-701  Appraisal Standards for Federally Related Real Property Transactions

 

(a)       For real property related financial transactions at or above the de minimis level established by a federal agency or government sponsored enterprise, all appraisals shall be performed by a licensed or certified appraiser and shall:

(1)       Perform and practice in compliance with the Uniform Standards of Professional Appraisal Practice (USPAP), as amended;

(2)       Be based upon the definition of market value as defined in the regulations in this chapter;

(3)       Be written and be sufficiently descriptive to enable the reader to ascertain the estimated market value and the rationale for the estimate; and provide detail and depth of analysis that reflect the complexity of the real property appraised which can be readily understood by a third party;

(4)       Analyze and report in reasonable detail any prior sales of the property being appraised that occurred within the following minimum time periods:

(i)        For one-to-four family residential property, one year preceding the date when the appraisal was prepared; or

(ii)       For all other property, three years preceding the date when the appraisal was prepared;

(5)       Analyze and report data on current rents and current vacancies for the subject property if it is and will continue to be income-producing;

(6)       Analyze and report data on current revenues, expenses and vacancies for the subject property if it is and will continue to be income producing;

(7)       Analyze and report a reasonable marketing period for the subject property and disclose the assumptions used;

(8)       Analyze and report on current market conditions and trends such as, but not limited to increasing vacancy rates, greater use of rent concessions, or declining sales prices that will affect projected income of the absorption period, to the extent they affect the value of the subject property;

(9)       Analyze and report appropriate deductions and discounts for any proposed construction, or any completed properties that are partially leased or leased at other than market rents as of the date of the appraisal, or any tract developments with unsold units;

(10)     Include in the certification required by the USPAP, an additional statement that the appraisal assignment was not conditioned upon the appraisal producing a specific value or a value within a given range or on whether a loan application is approved;

(11)     Contain sufficient supporting documentation with all pertinent information reported including acceptance or rejection of a third party study and its impact on value so that the appraiser’s logic, reasoning, judgment, and analysis in arriving at a final conclusion will enable the reader to understand the reasonableness of the conclusion;

(12)     Include a legal description in addition to, and not in lieu of, the description required in the USPAP of the real property being appraised;

(13)     Identify and separately value any personal property, fixtures, or intangible items that are not real property but are included in the appraisal, and discuss the impact of their inclusion, or exclusion, on the estimate of the market value; and

(14)     Follow a reasonable valuation method that addresses the direct sales comparison, income, and cost approaches to market value, reconciles those approaches, and explains the elimination of each approach not used.

 

(b)       If information required or deemed pertinent to the completion of an appraisal is unavailable, that fact shall be disclosed and explained in the appraisal report.

 

(c)       An appraiser shall perform all appraisals, reviews, or consultations with impartiality, objectivity, and independence, without any direct or indirect interest in the property.

 

Modified, 1 CMC § 3806(d), (f), (g).

 

History: Amdts Adopted 29 Com. Reg. 27940 (Dec. 18, 2007); Amdts Proposed 29 Com. Reg. 26805 (Sept. 27, 2007); Amdts Adopted 27 Com. Reg. 24627 (June 20, 2005); Amdts Proposed 27 Com. Reg. 23926 (Feb. 17, 2005); Amdts Proposed 26 Com. Reg. 22873 (Aug. 26, 2004); Amdts Proposed 26 Com. Reg. 22845 (July 26, 2004); Amdts Adopted 25 Com. Reg. 20077 (Mar. 31, 2003); Amdts Proposed 24 Com. Reg. 19557 (Oct. 30, 2002); Amdts Adopted 21 Com. Reg. 16564 (Feb. 18, 1999); Amdts Proposed 20 Com. Reg. 16183 (Oct. 15, 1998); Amdts Adopted 19 Com. Reg. 14884 (Jan. 15, 1997); Amdts Proposed 18 Com. Reg. 14428 (Oct. 15, 1996); Amdts Adopted 16 Com. Reg. 12685 (Dec. 15, 1994); Amdts Proposed 16 Com. Reg. 12053 (June 15, 1994); Adopted 13 Com. Reg. 8465 (Nov. 15, 1991); Proposed 13 Com. Reg. 8109 (Oct. 15, 1991); Proposed 13 Com. Reg. 7712 (June 15, 1991).

 

Commission Comment: The 1994 amendments added new subsection (a)(7) and amended the opening paragraph of subsection (a). The 1999 amendments deleted former subsection (a)(2) and amended subsections (a), (a)(1), (a)(3) and (a)(12). The 2003 and 2005 amendments amended subsection (a)(1). The 2007 amendments re-titled this section and amended subsection (a).

 

In subsections (a)(1) and (a)(4)(ii), the Commission changed the final periods to semi-colons to ensure consistent punctuation.

 

§ 125-40-705  Signature on Appraisal Reports

 

(a)       If an appraisal report is prepared and signed by CNMI licensed appraiser, the appraisal report shall state, immediately following the signature on the report, “CNMI Licensed Appraiser” and the appraiser’s license number and expiration date.

 

(b)       If an appraisal report is prepared and signed by a CNMI certified appraiser, the appraisal report shall state, immediately following the signature on the report, “CNMI Certified Appraiser” and the appraiser’s certificate number and expiration date.

 

(c)       Appraisal reports prepared by an appraiser trainee shall be approved and signed by a licensed or certified appraiser.

 

(d)       USPAP requires that each written or electronic report include a signed certification. An appraiser who signs any part of the report must also sign the certification.

 

Modified, 1 CMC § 3806(f).

 

History: Amdts Adopted 29 Com. Reg. 27940 (Dec. 18, 2007); Amdts Proposed 29 Com. Reg. 26805 (Sept. 27, 2007); Amdts Adopted 27 Com. Reg. 24627 (June 20, 2005); Amdts Proposed 27 Com. Reg. 23926 (Feb. 17, 2005); Amdts Proposed 26 Com. Reg. 22873 (Aug. 26, 2004); Amdts Proposed 26 Com. Reg. 22845 (July 26, 2004); Amdts Adopted 25 Com. Reg. 20077 (Mar. 31, 2003); Amdts Proposed 24 Com. Reg. 19557 (Oct. 30, 2002); Amdts Adopted 21 Com. Reg. 16564 (Feb. 18, 1999); Amdts Proposed 20 Com. Reg. 16183 (Oct. 15, 1998); Amdts Adopted 19 Com. Reg. 14884 (Jan. 15, 1997); Amdts Proposed 18 Com. Reg. 14428 (Oct. 15, 1996); Amdts Adopted 16 Com. Reg. 12685 (Dec. 15, 1994); Amdts Proposed 16 Com. Reg. 12053 (June 15, 1994); Adopted 13 Com. Reg. 8465 (Nov. 15, 1991); Proposed 13 Com. Reg. 8109 (Oct. 15, 1991); Proposed 13 Com. Reg. 7712 (June 15, 1991).

 

Commission Comment: The 1994 amendments added new subsections (c) and (d). The 1997 amendments deleted former subsection (c), re-designated the remaining subsections accordingly and amended the new subsection (c). The 1999 amendments amended subsection (d). The 2005 amendments deleted former subsection (c) and re-designated former subsection (d). The 2007 amendments added subsection (d).

 

§ 125-40-710  Records and Appraisal Report Retention Requirement

 

(a)       Every licensed appraiser shall retain originals or true copies of appraisal contracts, appraisals, and all supporting data and documents for a period of five years.

 

(b)       The five-year period shall commence upon date of delivery of the appraisal report to the client, provided that; if the appraiser is notified that the appraiser or appraisal report is involved in litigation, the five-year period shall commence upon the date of the final disposition of the litigation.

 

(c)       The appraiser shall make all records available, upon request, to the Board or the Board’s authorized delegate.

 

History: Amdts Adopted 27 Com. Reg. 24627 (June 20, 2005); Amdts Proposed 27 Com. Reg. 23926 (Feb. 17, 2005); Amdts Proposed 26 Com. Reg. 22873 (Aug. 26, 2004); Amdts Proposed 26 Com. Reg. 22845 (July 26, 2004); Amdts Adopted 25 Com. Reg. 20077 (Mar. 31, 2003); Amdts Proposed 24 Com. Reg. 19557 (Oct. 30, 2002); Amdts Adopted 21 Com. Reg. 16564 (Feb. 18, 1999); Amdts Proposed 20 Com. Reg. 16183 (Oct. 15, 1998); Amdts Adopted 19 Com. Reg. 14884 (Jan. 15, 1997); Amdts Proposed 18 Com. Reg. 14428 (Oct. 15, 1996); Amdts Adopted 16 Com. Reg. 12685 (Dec. 15, 1994); Amdts Proposed 16 Com. Reg. 12053 (June 15, 1994); Adopted 13 Com. Reg. 8465 (Nov. 15, 1991); Proposed 13 Com. Reg. 8109 (Oct. 15, 1991); Proposed 13 Com. Reg. 7712 (June 15, 1991).

 

Commission Comment: The 2005 amendments amended subsection (a).

 

Part 800 -       Miscellaneous Provisions

 

§ 125-40-801  Advertising Practices

 

A licensee advertising through any media shall be identified as a licensed real property appraiser - federally related transactions, certified residential real property appraiser - federally related transactions, certified general real property appraiser - federally related transactions, licensed real property appraiser - non-federally related transactions, or licensed general real property appraiser - non-federally related transactions by listing the appropriate designated licensed or certified status and the appraiser’s license number. For purposes of this section, “media” includes, but is not limited to, newspapers, magazines, calling cards, and directories, including all listing in telephone directories.

 

Modified, 1 CMC § 3806(f).

 

History: Amdts Adopted 36 Com. Reg. 34927 (Apr. 28, 2014); Amdts Proposed 36 Com. Reg. 34795 (Feb. 28, 2014); Amdts Adopted 27 Com. Reg. 24627 (June 20, 2005); Amdts Proposed 27 Com. Reg. 23926 (Feb. 17, 2005); Amdts Proposed 26 Com. Reg. 22873 (Aug. 26, 2004); Amdts Proposed 26 Com. Reg. 22845 (July 26, 2004); Amdts Adopted 25 Com. Reg. 20077 (Mar. 31, 2003); Amdts Proposed 24 Com. Reg. 19557 (Oct. 30, 2002); Amdts Adopted 21 Com. Reg. 16564 (Feb. 18, 1999); Amdts Proposed 20 Com. Reg. 16183 (Oct. 15, 1998); Amdts Adopted 19 Com. Reg. 14884 (Jan. 15, 1997); Amdts Proposed 18 Com. Reg. 14428 (Oct. 15, 1996); Amdts Adopted 16 Com. Reg. 12685 (Dec. 15, 1994); Amdts Proposed 16 Com. Reg. 12053 (June 15, 1994); Adopted 13 Com. Reg. 8465 (Nov. 15, 1991); Proposed 13 Com. Reg. 8109 (Oct. 15, 1991); Proposed 13 Com. Reg. 7712 (June 15, 1991).

 

§ 125-40-805  Grounds for Disciplinary Action

 

(a)       The Board shall have the power to impose administrative penalties and/or reprimand, revoke or suspend, refuse to issue, restore, or renew; place on probation or condition in any manner the license to any real property appraiser who is found guilty of one or more of the following violations:

(1)       The practice of any fraud or deceit in obtaining or attempting to obtain or renew the license; or

(2)       Any negligence, incompetence, or misconduct in the practice of real property appraisal; or

(3)       Failing to comply with the Uniform Standards of Professional Appraisal Practice, as amended; or

(4)       Performing for any valuable considering, an appraisal assignment that is contingent upon the appraiser reporting a predetermined estimate, analysis or opinion or upon the opinion, conclusion, or valuation reached, or upon the consequences resulting from the appraisal assignment; or

(5)       Conviction of, or pleading nolo contendre to any felony or any crime that is related to the profession either in the Commonwealth, U.S. state or territory, or foreign jurisdiction; or

(6)       Entrance against the appraiser of a civil or criminal judgment on grounds of fraud, misrepresentation, or deceit in the development or communication of an appraisal; or

(7)       Engaging in dishonorable, unethical, or unprofessional conduct of a character likely to mislead, deceive, defraud, or harm the public; or

(8)       Accepting an appraisal assignment if the employment or fee is contingent upon:

(i)        The appraiser reporting a predetermined estimate, valuation, analysis, or opinion; or

(ii)       The consequences resulting from the appraisal assignment.

(9)       Paying a finders or a referral fee to a person who is not a licensed appraiser or in connection with appraisal of real property in the Commonwealth; or

(10)     Making a false or misleading statement in that portion of a written appraisal report that deals with professional qualifications; or

(11)     Practicing or offering to practice real property appraisal without a valid license issued by the Board; or

(12)     Engaging in the business of real property appraisal under an assumed or fictitious name not properly licensed; or

(13)     Using or attempts to use as his or her own the license of another; or

(14)     Using or attempts to use an expired, suspended, or revoked license; or

(15)     Aiding or assisting another person in violating any provision of the law or the rules and regulations pertaining thereto; or

(16)     Violating any conditions or limitations upon which the license was issued; or

(17)     Failure to provide information requested by the Board as a result of a formal or informal complaint to the Board which would indicate a violation of the law or the rules and regulations; or

(18)     Providing false testimony or information to the Board; or

(19)     Failing to report to the Board, in writing, any disciplinary action issued against the licensee in another U.S. state or territory, or foreign jurisdiction; or

(20)     Using the title “Licensed Real Property Appraiser,” “Licensed General Real Property Appraiser” for non federally-related transactions; or “Licensed Real Property Appraiser,” “Certified Residential Real Property Appraiser,” or “Certified General Real Property Appraiser” for federally related transactions, or any title, sign, card, or device to indicate that such person is practicing the profession without having first being* licensed in accordance with the law or the rules and regulations; or

(21)     Failure to comply with any provisions of the law or the rules and regulations pertaining thereto.

(b)       Upon conviction in a court of law, any person or firm who violates any of the provisions of this chapter or the rules and regulations promulgated hereunder, shall be fined not more than $5,000 or imprisoned not more than one year, or both.

 

* So in original.

 

Modified, 1 CMC § 3806(d), (f).

 

History: Amdts Adopted 36 Com. Reg. 34927 (Apr. 28, 2014); Amdts Proposed 36 Com. Reg. 34795 (Feb. 28, 2014); Amdts Adopted 29 Com. Reg. 27940 (Dec. 18, 2007); Amdts Proposed 29 Com. Reg. 26805 (Sept. 27, 2007); Amdts Adopted 27 Com. Reg. 24627 (June 20, 2005); Amdts Proposed 27 Com. Reg. 23926 (Feb. 17, 2005); Amdts Proposed 26 Com. Reg. 22873 (Aug. 26, 2004); Amdts Proposed 26 Com. Reg. 22845 (July 26, 2004); Amdts Adopted 25 Com. Reg. 20077 (Mar. 31, 2003); Amdts Proposed 24 Com. Reg. 19557 (Oct. 30, 2002); Amdts Adopted 21 Com. Reg. 16564 (Feb. 18, 1999); Amdts Proposed 20 Com. Reg. 16183 (Oct. 15, 1998); Amdts Adopted 19 Com. Reg. 14884 (Jan. 15, 1997); Amdts Proposed 18 Com. Reg. 14428 (Oct. 15, 1996); Amdts Adopted 16 Com. Reg. 12685 (Dec. 15, 1994); Amdts Proposed 16 Com. Reg. 12053 (June 15, 1994); Adopted 13 Com. Reg. 8465 (Nov. 15, 1991); Proposed 13 Com. Reg. 8109 (Oct. 15, 1991); Proposed 13 Com. Reg. 7712 (June 15, 1991).

 

Commission Comment: The 1999 amendments added “or” to subsections (a) through (h) and (j) through (o) and moved subsection (b) from former § 11.2 with amendments. See 18 Com. Reg. at 14456 (Oct. 15, 1996). The 2005 amendments re-promulgated this section in its entirety with numerous amendments. The 2007 amendments re-titled the section and amended subsections (a), (a)(1), (a)(2), (a)(5), (a)(7), (a)(11), (a)(13), (a)(14), (a)(15), (a)(17) through (a)(21), and (b). The 2014 amendments amended subsection (a)(20).

 

The 1999 amendments also deleted former § 11.1, entitled “Disciplinary Sanctions.” See 18 Com. Reg. at 14456 (Oct. 15, 1996).

 

The Commission corrected the spelling of the word “penalties” in subsection (a) pursuant to 1 CMC § 3806(g). The Commission inserted commas after the words “restore” in subsection (a), “incompetence” in subsection (a)(2), “unethical” in subsection (a)(7), “defraud” in subsection (a)(7), “suspended” in subsection (a)(14), and “card” in subsection (a)(20) pursuant to 1 CMC § 3806(g).

 

The Commission moved commas inside quotation marks in subsection (a)(20) pursuant to 1 CMC § 3806(g).

 

§ 125-40-807  Disciplinary Proceedings

 

(a)       Complaint

Proceedings to levy a fine upon a licensee, or to reprimand, suspend, refuse to issue, restore or renew, or to revoke a license may be initiated by any person who may file charges against the licensee.

(1)       All charges filed must be made in writing by the person or persons making them and shall be filed with the Board.

(2)       All charges shall be made on forms provided by the Board. The person or persons making the complaint shall sign the complaint.

 

(b)       Probable Cause

When a complaint is received by the Board in which a licensee is charged with a violation, it is referred to an investigative committee designated by the Board consisting of at least one board member and the Board’s legal counsel. The member of the Board in the investigative committee cannot vote at the disciplinary hearing. The investigative committee makes a recommendation to the Board for a determination if probable cause exists for taking further action or for issuing a summons and complaint.

 

(c)       Summons and Complaint

(1)       In the event the Board determines that probable cause exists, the Board’s legal counsel is requested to prepare a summons and complaint.

(2)       The summons and complaint shall show the time, place, and nature of the hearing, a statement of legal authority and jurisdiction under which the hearing is to be held, a reference to the particular section of the statute, rules, or regulations involved, and a short and plain statement of the matters asserted. The summons and complaint shall indicate that at any hearing the accused licensee shall have the right to appear in person or by counsel or both to cross-examine witnesses in his/her defense and to produce evidence and witnesses for his/her its* own defense.

(3)       The summons and complaint shall be personally served or sent by registered mail at least thirty days before the date fixed for the hearing to the licensee’s last known address.

(4)       If the accused licensee fails or refuses to appear, the Board may proceed to hear and determine the validity of the charges.

 

(d)       Until an investigation is completed and administrative charges are filed against the licensee, or the matter is referred to the attorney general for criminal prosecution, any and all matters related to the allegation(s) including the name(s) of the party filing such charges, shall be confidential and exempt from disclosure to the public pursuant to applicable law including, but not limited to PL 8-41, the Open Government Act of 1992.

 

(e)       The Board shall conduct all hearings pursuant to 1 CMC § 9109, Administrative Procedures – Conduct of Hearings.

 

(f)        The members of the Board presiding at hearings may:

(1)       Administer oaths and affirmations;

(2)       Issue subpoenas to compel the attendance of witnesses and the production of records and documents;

(3)       Rule on offers of proof and receive relevant evidence;

(4)       Take depositions or have depositions taken when the ends of justice would be served;

(5)       Regulate the course of the hearing;

(6)       Hold conferences for the settlement or simplification of the issues by consent of the parties;

(7)       Dispose of procedural requests or similar matters; and

(8)       Make or recommend orders or decisions in accordance with the law, rules, or regulations.

 

(g)       It shall require a unanimous majority vote of the members of the Board present at the hearing in order to find the accused guilty of the charges preferred, and if found guilty the Board may, in its discretion, either suspend or revoke the license of the accused.

 

(h)       The Board shall upon concluding the hearing, issue findings, decisions, and orders within 30 days.

 

* So in original.

 

Modified, 1 CMC § 3806(e).

 

History: Adopted 29 Com. Reg. 27940 (Dec. 18, 2007); Proposed 29 Com. Reg. 26805 (Sept. 27, 2007).

 

Commission Comment: The Commission corrected the citation to the Open Government Act in subsection (d) and to 1 CMC § 9109 in subsection (e) pursuant to 1 CMC § 3806(g). The Commission inserted a comma after the word “decisions” in subsection (h) pursuant to 1 CMC § 3806(g).

 

§ 125-40-809  Disciplinary Action

 

(a)       If the accused is found guilty, he/she shall be subject to the following:

(1)       refusal or denial of license or certificate;

(2)       suspension;

(3)       revocation;

(4)       license or certificate with conditions and/or probation;

(5)       fine or civil penalty;

(6)       dismissal of the charges;

(7)       other discipline as appropriate and permitted by law.

 

(b)       The Board shall provide that upon concluding the hearing, findings, decisions and order shall be issued within 30 days.

 

(c)       Upon failure or refusal to comply with such order of the Board, or upon failure to honor its subpoena, as herein provided, the Board may apply to a court of any jurisdiction to enforce compliance with same.

 

History: Adopted 29 Com. Reg. 27940 (Dec. 18, 2007); Proposed 29 Com. Reg. 26805 (Sept. 27, 2007).

 

Commission Comment: The Commission corrected the spelling of the word “issued” in subsection (b) pursuant to 1 CMC § 3806(g).

 

§ 125-40-810  Reinstatement of License

 

(a)       Reinstatement of Suspended License. A person whose license has been suspended may apply for reinstatement of the license upon complete compliance with any term or condition imposed by the order of suspension. The application for reinstatement shall be accompanied by the appropriate fees, application, required continuing education hours, and/or any other additional documents or information the Board deems appropriate.

 

(b)       Revoked License. Upon the expiration of at least two years from the effective date of the revocation of the license, a person may apply for a new license by filing an application and complying with all current requirements for new applicants. The granting or denying of such application shall be at the discretion of the Board after evaluating such application consistent with the statutory and regulatory requirements relating thereto.

 

(c)       Relinquishment No Bar to Jurisdiction. The forfeiture, non-renewal, surrender, or voluntary relinquishment of a license by an appraiser shall not bar jurisdiction by the Board to proceed with any investigation, action, or proceeding against the appraiser to revoke, suspend, condition or limit the appraiser’s license.

 

(d)       Judicial Review. Any person aggrieved by a final decision and order of the Board in a contested case is entitled to judicial review thereof according to law.

 

History: Amdts Adopted 27 Com. Reg. 24627 (June 20, 2005); Amdts Proposed 27 Com. Reg. 23926 (Feb. 17, 2005); Amdts Proposed 26 Com. Reg. 22873 (Aug. 26, 2004); Amdts Proposed 26 Com. Reg. 22845 (July 26, 2004); Amdts Adopted 25 Com. Reg. 20077 (Mar. 31, 2003); Amdts Proposed 24 Com. Reg. 19557 (Oct. 30, 2002); Amdts Adopted 21 Com. Reg. 16564 (Feb. 18, 1999); Amdts Proposed 20 Com. Reg. 16183 (Oct. 15, 1998); Amdts Adopted 19 Com. Reg. 14884 (Jan. 15, 1997); Amdts Proposed 18 Com. Reg. 14428 (Oct. 15, 1996); Amdts Adopted 16 Com. Reg. 12685 (Dec. 15, 1994); Amdts Proposed 16 Com. Reg. 12053 (June 15, 1994); Adopted 13 Com. Reg. 8465 (Nov. 15, 1991); Proposed 13 Com. Reg. 8109 (Oct. 15, 1991); Proposed 13 Com. Reg. 7712 (June 15, 1991).

 

Commission Comment: The 1999 amendments amended subsections (a) and (b). The 2005 amendments amended subsections (a), (b), and (c).

 

§ 125-40-815  Unauthorized Practice as an Appraiser

 

No Compensation for Unauthorized Activity; Civil Action. The failure of any person to maintain a current and valid license prior to engaging in any activity requiring licensure by the Board shall prevent such person from recovering in a civil action for work or services performed on a contract or on any legal basis to recover the reasonable value thereof.

 

History: Amdts Adopted 27 Com. Reg. 24627 (June 20, 2005); Amdts Proposed 27 Com. Reg. 23926 (Feb. 17, 2005); Amdts Proposed 26 Com. Reg. 22873 (Aug. 26, 2004); Amdts Proposed 26 Com. Reg. 22845 (July 26, 2004); Amdts Adopted 25 Com. Reg. 20077 (Mar. 31, 2003); Amdts Proposed 24 Com. Reg. 19557 (Oct. 30, 2002); Amdts Adopted 21 Com. Reg. 16564 (Feb. 18, 1999); Amdts Proposed 20 Com. Reg. 16183 (Oct. 15, 1998); Amdts Adopted 19 Com. Reg. 14884 (Jan. 15, 1997); Amdts Proposed 18 Com. Reg. 14428 (Oct. 15, 1996); Amdts Adopted 16 Com. Reg. 12685 (Dec. 15, 1994); Amdts Proposed 16 Com. Reg. 12053 (June 15, 1994); Adopted 13 Com. Reg. 8465 (Nov. 15, 1991); Proposed 13 Com. Reg. 8109 (Oct. 15, 1991); Proposed 13 Com. Reg. 7712 (June 15, 1991).

 

Commission Comment: The 1994 amendments amended former subsection (b). The 1999 amendments deleted former subsection (b). The 1999 amendments also deleted part XIII, entitled “Administrative Regulations.” See 18 Com. Reg. at 14459 (Oct. 15, 1996).

 

§ 125-40-820  Publication of Roster

 

The Board shall prepare annually, a roster showing the name and place of business of each individual holding a license as a CNMI licensed appraiser, or a CNMI certified appraiser. The roster shall be sent to the Appraisal Subcommittee by January 15 of each year.

 

Modified, 1 CMC § 3806(f).

 

History: Amdts Adopted 27 Com. Reg. 24627 (June 20, 2005); Amdts Proposed 27 Com. Reg. 23926 (Feb. 17, 2005); Amdts Proposed 26 Com. Reg. 22873 (Aug. 26, 2004); Amdts Proposed 26 Com. Reg. 22845 (July 26, 2004); Amdts Adopted 25 Com. Reg. 20077 (Mar. 31, 2003); Amdts Proposed 24 Com. Reg. 19557 (Oct. 30, 2002); Amdts Adopted 21 Com. Reg. 16564 (Feb. 18, 1999); Amdts Proposed 20 Com. Reg. 16183 (Oct. 15, 1998); Amdts Adopted 19 Com. Reg. 14884 (Jan. 15, 1997); Amdts Proposed 18 Com. Reg. 14428 (Oct. 15, 1996); Amdts Adopted 16 Com. Reg. 12685 (Dec. 15, 1994); Amdts Proposed 16 Com. Reg. 12053 (June 15, 1994); Adopted 13 Com. Reg. 8465 (Nov. 15, 1991); Proposed 13 Com. Reg. 8109 (Oct. 15, 1991); Proposed 13 Com. Reg. 7712 (June 15, 1991).

 

§ 125-40-825  Fees

 

(a)       Fees.

(1)       The fees for licensure shall be as follows:

(i)        Application fee                                                                       $100.00

(ii)       Licensure fee                                                                          $100.00

(iii)      Registry fee (2-year period at $40 per year)                         $80.00

To be transmitted to the Appraisal Subcommittee.

(iv)      Temporary practice application & license fee                      $125.00

(v)       Renewal fee                                                                            $100.00

(vi)      Inactive fee                                                                             $50.00

(vii)     Reactivation fee                                                                     $100.00

(viii)    Reinstatement fee                                                                   $100.00

(ix)      Examination fee shall be as provided by contract with a professional testing organization.

(x)       Local examination fee                                                                        $100.00

(xi)      Delinquent fee (every month)                                                            $25.00

 

(2)       The application fees shall be non-refundable. The registry fees may be increased if the Appraisal Subcommittee so informs the Board of the increase, and may be imposed on licensees without hearing. Failure to pay an increase of the registry fee within sixty days of notification to do so shall result in license automatically invalid.*

 

(b)       Form of Fee.

The fees, if in the form of money order or check, shall be made payable to the CNMI Treasurer.

 

(c)       Dishonored Checks Considered Failure to Meet Requirements.

The dishonoring of any check upon first deposit shall be considered a failure to meet requirements.

 

(d)       Fees Deposited; Transmittal Appraisal Subcommittee.

(1)       All fees shall be deposited in the general fund of the CNMI.

(2)       The registry fees shall be transmitted by the Board to the Appraisal Subcommittee bi-annually as required by regulations.

 

* So in original.

 

Modified, 1 CMC § 3806(f).

 

History: Amdts Adopted 35 Com. Reg. 34563 (Nov. 28, 2013); Amdts Proposed 35 Com. Reg. 34185 (Aug. 28, 2013); Amdts Adopted 33 Com. Reg. 31574 (May 23, 2011); Amdts Proposed 33 Com. Reg. 31539 (Apr. 21, 2011); Amdts Adopted 27 Com. Reg. 24627 (June 20, 2005); Amdts Proposed 27 Com. Reg. 23926 (Feb. 17, 2005); Amdts Proposed 26 Com. Reg. 22873 (Aug. 26, 2004); Amdts Proposed 26 Com. Reg. 22845 (July 26, 2004); Amdts Adopted 25 Com. Reg. 20077 (Mar. 31, 2003); Amdts Proposed 24 Com. Reg. 19557 (Oct. 30, 2002); Amdts Adopted 21 Com. Reg. 16564 (Feb. 18, 1999); Amdts Proposed 20 Com. Reg. 16183 (Oct. 15, 1998); Amdts Adopted 19 Com. Reg. 14884 (Jan. 15, 1997); Amdts Proposed 18 Com. Reg. 14428 (Oct. 15, 1996); Amdts Adopted 16 Com. Reg. 12685 (Dec. 15, 1994); Amdts Proposed 16 Com. Reg. 12053 (June 15, 1994); Adopted 13 Com. Reg. 8465 (Nov. 15, 1991); Proposed 13 Com. Reg. 8109 (Oct. 15, 1991); Proposed 13 Com. Reg. 7712 (June 15, 1991).

 

Commission Comment: The original paragraphs of subsection (a) were not designated. The Commission designated subsections (a)(1) and (a)(2).

 

The 1994 amendments added a new subsection (a)(1)(ix). The 1999 amendments amended subsections (a)(1)(iii) and (d)(2). The 2003 amendments added new subsection (a)(1)(iv), deleted former subsection (a)(1)(x), re-designated subsection (a)(1) accordingly, and amended subsections (a)(1)(v) through (a)(1)(viii) and (a)(1)(x). The 2005 amendments amended subsections (a)(1), (a)(1)(ii), (a)(1)(iii), (a)(1)(viii), (a)(2), and (d)(2). The 2011 amendments amended subsections (a)(1)(iii) and (d)(2). The 2013 amendment added subsection (a)(1)(xi).


 

 

CHAPTER 125-50

RULE FOR RECONSIDERATION OF DISAPPROVAL OF APPLICATION

 


Part 001          General Provisions [Reserved]

 

Part 100          Rule for Reconsideration of Disapproval of Application

§ 125-50-101  Rule for Reconsideration of Disapproval of Application


 

Chapter Authority: 4 CMC § 3108.

 

Chapter History: Certified 14 Com. Reg. 8659 (Jan. 15, 1992); Adopted 13 Com. Reg. 8160 (Oct. 15, 1991); Proposed 13 Com. Reg. 7708 (June 15, 1991).

 

Commission Comment: PL 1-8, ch. 5 (effective Aug. 10, 1978), codified as amended at 4 CMC §§ 3101-3110, created the Board of Professional Licensing, a regulatory board within the Commonwealth government.

 

Executive Order 94-3 (effective August 23, 1994) reorganized the Commonwealth government executive branch, changed agency names and official titles and effected numerous other revisions. According to Executive Order 94-3 § 304(c):

 

Section 304. Department of Public Works.

(c)          Board of Professional Licensing. The Board of Professional Licensing is abolished and its functions transferred to a Division of Professional Licensing in the Department of Public Works, which shall have at its head a Director of Professional Licensing.

 

The full text of Executive Order 94-3 is set forth in the commission comment to 1 CMC § 2001.

 

PL 11-99, the “Board of Professional Licensing Amendments Act of 1998,” codified at 4 CMC §§ 3101-3221, took effect on September 21, 1999. PL 11-99 reenacted 4 CMC §§ 3101-3110 with numerous revisions. PL 11-99 § 3 (§ 3101), 4 CMC § 3101, reestablished the Board as a regulatory board “within the Commonwealth government.” The Board is authorized to issue licenses to the professions enumerated in PL 11-99 § 3 (§ 3105), 4 CMC § 3105. PL 11-99 § 3 (§ 3108), 4 CMC § 3108, empowers the Board to adopt rules and regulations to implement the act including rules and regulations to establish credentialing criteria and standards regarding licensing or authorization to practice a profession over which the Board has jurisdiction.

 

Part 001 -       General Provisions

 

[Reserved.]

 

Part 100 -       Rule for Reconsideration of Disapproval of Application

 

§ 125-50-101  Rule for Reconsideration of Disapproval of Application

 

An applicant whose application for a professional license has been disapproved by the Board of Professional Licensing (Board) may petition the Board for reconsideration of that disapproval only upon the following terms and conditions:

 

(a)       The petition for reconsideration shall be in the form of a letter, with attachments as necessary to provide documentation of the petitioner’s reason for reconsideration where appropriate, filed with the Board within forty-five days of the date of the notice of disapproval.

 

(b)       A reconsideration shall be limited only to those cases where the petitioner demonstrates in his/her letter that the Board’s disapproval should be reconsidered for one or more of the following reasons:

(1)       Mistake of fact or law;

(2)       New evidence effective on or before date of application which by due diligence could not have been submitted by the applicant before notice of disapproval;

(3)       Any other evidence or reason justifying a petition for reconsideration.

 

(c)       Only one petition for reconsideration shall be accepted by the Board.

 

(d)       Upon receipt of the applicant’s petition and accompanying documentation under the reasons set forth above, the Board, in its discretion, may reconsider its disapproval and notify the applicant of its decision in writing.

 

Modified, 1 CMC § 3806(e), (g).

 

History: Certified 14 Com. Reg. 8659 (Jan. 15, 1992); Adopted 13 Com. Reg. 8160 (Oct. 15, 1991); Proposed 13 Com. Reg. 7708 (June 15, 1991).

 

Commission Comment: In subsection (b)(2), the Commission corrected the spelling of “disapproval.”