TITLE 165

LOCAL RULES AND REGULATIONS SAIPAN AND NORTHERN ISLANDS (THIRD SENATORIAL DISTRICT)

 

Chapter 165-10          Office of the Mayor; Municipality of Saipan

Subchapter 165-10.1  Dog Control Rules and Regulations

Chapter 165-20          Saipan Higher Education Financial Assistance Board

Subchapter 165-20.1  Saipan Higher Education Financial Assistance Program Rules and Regulations

Chapter 165-30          Saipan Zoning Board

Subchapter 165-30.1  Saipan Zoning Board Regulations

 

CHAPTER 165-10

OFFICE OF THE MAYOR; MUNICIPALITY OF SAIPAN

 

SUBCHAPTER 165-10.1

DOG CONTROL RULES AND REGULATIONS

 


Part 001          General Provisions [Reserved]

 

Part 100          Impoundment

§ 165-10.1-101           Established

§ 165-10.1-105           Supervisor Designated

§ 165-10.1-110           Impoundment; Authority

§ 165-10.1-115           Impoundment; Dogs

§ 165-10.1-120           Impoundment; Care of Animals

§ 165-10.1-125           Impoundment; Voluntary

§ 165-10.1-130           Nonpayment; Abandonment

§ 165-10.1-135           Impoundment; Disposal

§ 165-10.1-140           Impoundment; Redemption by Owner

§ 165-10.1-145           Interference with Officers or Shelter

 

Part 200          Dog Licensing

§ 165-10.1-201           Tag; Required

§ 165-10.1-205           Application

§ 165-10.1-210           Endorsement of Tag Number

§ 165-10.1-215           Spayed or Neutered Dog; Reduction in Fee

§ 165-10.1-220           Penalty

§ 165-10.1-225           Tag Issuance; Records

§ 165-10.1-230           Tag; Replacement

§ 165-10.1-235           Exemptions

§ 165-10.1-240           Tag; Counterfeit Prohibited

§ 165-10.1-245           Exhibit of Receipt or Tag Required

§ 165-10.1-250           Unlawful Killing, Injuring or Impounding

§ 165-10.1-255           Female in Heat; Permitting to Run at Large

 

Part 300          Rabies Control [Reserved]

 

Part 400          Animal Regulation

§ 165-10.1-401           Dog Leash Required

§ 165-10.1-405           Possession Without Owner’s Consent

§ 165-10.1-410           Enforcement

§ 165-10.1-415           Refunds

§ 165-10.1-420           Vicious Animals; Defined

§ 165-10.1-425           Impoundment of Vicious Animal

§ 165-10.1-430           Vicious Animal Hearing

§ 165-10.1-435           Disposition of Vicious Animals

§ 165-10.1-440           Issuance of Rules and Regulations; Summary Destruction

 

Part 500          Fee Schedule

§ 165-10.1-501           Fee Schedule


 

Subchapter Authority: 10 CMC § 3702.

 

Subchapter History: Adopted 25 Com. Reg. 20220 (May 29, 2003); Emergency and Proposed 25 Com. Reg. 20007 (Feb. 28, 2003) (effective for 120 days from Feb. 27, 2003); Proposed 19 Com. Reg. 15703 (Oct. 15, 1997).

 

Commission Comment: 1 CMC § 5101 creates offices of the mayors within the Commonwealth government, composed of the duly-elected mayors of Saipan, Rota, Tinian and Aguiguan and the Northern Islands. The mayors are authorized to promulgate regulations on local matters as provided by law. See 1 CMC § 5106(e). 1 CMC § 5107(f)(4) grants the mayors the responsibility for regulations and licensing of dogs, cats, and other domestic animals.

 

Saipan Local Law 9-12 (effective Oct. 19, 1995), the “Saipan and Northern Islands Dog Control Act,” codified at 10 CMC §§ 3701-3704, authorizes the municipalities of Saipan and the Northern Islands to adopt rules and regulations for the control and licensing of dogs and to administer and enforce such rules and regulations. See 10 CMC § 3702.

 

Part 001 -       General Provisions

 

[Reserved.]

 

Part 100 -       Impoundment

 

§ 165-10.1-101           Established

 

There shall be provided a suitable enclosure or place for the purpose of keeping and safely holding animals impounded, which shall be designated as the animal shelter, provided, that one or more suitable enclosures or places may be provided for the purpose of keeping and safely holding animals impounded which places shall be designated as branches of the animal shelter and shall be included within the meanings of the words animal shelter wherever the name may appear in this subchapter.

 

Modified, 1 CMC § 3806(d).

 

History: Adopted 25 Com. Reg. 20220 (May 29, 2003); Emergency and Proposed 25 Com. Reg. 20007 (Feb. 28, 2003) (effective for 120 days from Feb. 27, 2003); Proposed 19 Com. Reg. 15703 (Oct. 15, 1997).

 

§ 165-10.1-105           Supervisor Designated

 

Whenever in this subchapter words “Supervisor” or “Supervisor of animal shelter” are used, they shall mean the Supervisor of the regulation division of the office of the Mayor Saipan.

 

Modified, 1 CMC § 3806(d).

 

History: Adopted 25 Com. Reg. 20220 (May 29, 2003); Emergency and Proposed 25 Com. Reg. 20007 (Feb. 28, 2003) (effective for 120 days from Feb. 27, 2003); Proposed 19 Com. Reg. 15703 (Oct. 15, 1997).

 

§ 165-10.1-110           Impoundment; Authority

 

The Supervisor shall take up, impound, and safely keep any and all of the animals enumerated in this subchapter and found running at large, pastured, herded, staked, or tied in any street, park, or other public place, or upon any private property, in violation of any of the provisions of this subchapter.

 

Modified, 1 CMC § 3806(d).

 

History: Adopted 25 Com. Reg. 20220 (May 29, 2003); Emergency and Proposed 25 Com. Reg. 20007 (Feb. 28, 2003) (effective for 120 days from Feb. 27, 2003); Proposed 19 Com. Reg. 15703 (Oct. 15, 1997).

 

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

 

§ 165-10.1-115           Impoundment; Dogs

 

It shall be the duty of the Supervisor and his employees to take up and deliver to the animal shelter any dog found upon any public or private property within the municipality in violation of any of the provisions of this subchapter.

 

Modified, 1 CMC § 3806(d), (f).

 

History: Adopted 25 Com. Reg. 20220 (May 29, 2003); Emergency and Proposed 25 Com. Reg. 20007 (Feb. 28, 2003) (effective for 120 days from Feb. 27, 2003); Proposed 19 Com. Reg. 15703 (Oct. 15, 1997).

 

§ 165-10.1-120           Impoundment; Care of Animals

 

The Supervisor shall safely keep all dogs, or other animals impounded at the animal shelter and shall furnish the same all necessary food and water, and shall give the same ordinary attention as may appear to be reasonably required for the welfare of such animals.

 

History: Adopted 25 Com. Reg. 20220 (May 29, 2003); Emergency and Proposed 25 Com. Reg. 20007 (Feb. 28, 2003) (effective for 120 days from Feb. 27, 2003); Proposed 19 Com. Reg. 15703 (Oct. 15, 1997).

 

§ 165-10.1-125           Impoundment; Voluntary

  

The owner of a dog or cat may, with the consent of the Supervisor, place the custody of such animal with said official for the purpose of obtaining his assistance in procuring a new owner for the animal under such terms and conditions as that official, in his sole and absolute discretion, shall determine. The act of the owner in so placing the custody of the animal with the Supervisor shall, in no event and under no circumstances, obligate that official of the municipality to procure a new owner for the animal and, in the event such official so determines, the animal may be destroyed and disposition made of the carcass. The owner of any other small animal may, with the consent of the Supervisor, place the custody of such animal with said official for the purpose of disposing of the animal as that official so determines. By placing the animal in the custody of the Supervisor in accordance with this section, the owner thereof relinquishes and conveys to the municipality all his right, title and interest in and to the animal and to the proceeds of any sale of the animal thereafter made, and neither the municipality nor the official shall be required to make an accounting for any such proceeds. If the Supervisor elects to accept the custody of the animal, he shall require the owner thereof to evidence in writing his knowledge and acceptance of the provisions of this section. Notwithstanding anything in this section to the contrary, in the event the Supervisor has not procured a new owner for the animal and the same bas not been destroyed, the person so placing the animal in custody may redeem and reclaim it from the custody of the municipality upon the payment of a fee therefor established by the Mayor by regulation. The owner of the unwanted animal may deliver the animal to the Supervisor at the animal shelter without charge or, at the owner’s request, that official will pick up the animal at a fee established therefor by the Mayor by regulation.

 

Modified, 1 CMC § 3806(f).

 

History: Adopted 25 Com. Reg. 20220 (May 29, 2003); Emergency and Proposed 25 Com. Reg. 20007 (Feb. 28, 2003) (effective for 120 days from Feb. 27, 2003); Proposed 19 Com. Reg. 15703 (Oct. 15, 1997).

 

§ 165-10.1-130           Nonpayment; Abandonment

 

The refusal or failure of the owner of any such dog to pay the fee and charges after due notification shall be held to be an abandonment of the dog by the owner.

 

History: Adopted 25 Com. Reg. 20220 (May 29, 2003); Emergency and Proposed 25 Com. Reg. 20007 (Feb. 28, 2003) (effective for 120 days from Feb. 27, 2003); Proposed 19 Com. Reg. 15703 (Oct. 15, 1997).

 

§ 165-10.1-135           Impoundment; Disposal

 

(a)       Prior to disposing of an impounded dog, the Supervisor shall contact any and all local animal welfare protection groups that have registered with the Supervisor, and who the Supervisor has found ready, willing, and able to place abandoned or wild dogs with responsible owners, to determine if the group is willing to take the dog in an attempt to place the dog with a willing owner. If the group is so willing, then the Supervisor shall release the dog to the group after the expiration of the one hundred twenty hour holding period and/or after the expiration of any notice period as set forth below.

 

(b)       Prior to placing the dog with an animal welfare/protection group, or disposing of a dog, the Supervisor shall attempt to contact the owner of the dog. If the dog is wearing a tag issued by the municipality, or a tag that provides the Supervisor with information sufficient for him to determine the identity of the owner of the dog, then notice that the dog has been impounded and may be destroyed, or given to a new owner, shall be given to the owner, either by personal service, or by certified mail. The dog may not be disposed of, or given away, prior to the owner receiving forty-eight hours notice if by personal service, or seventy-two hours notice, if by certified mail. For the purposes of determining the running of the notice period for notices serviced via certified mail, the seventy-two hour notice period will begin to run upon the Supervisor’s delivering the letter to the post office.

 

(c)       The notice shall include the day and time that the dog was impounded, the daily impound fee, any other fees that the owner must pay to regain possession of the dog, and any procedures the owner must follow to regain possession of the dog.

 

(d)       If an impounded dog is not wearing a tag that would provide the Supervisor with the ability to determine the owner’s identity, or if the owner does not respond to the notice issued by the Supervisor, then the Supervisor may dispose of or give the dog away to an animal welfare/protection group, or to any individual that the Supervisor deems to be ready, willing, and able to care for the dog, at the expiration of the one hundred twenty hour holding period, or at the end of the notice period, whichever is later.

 

(e)       If the Supervisor deems that dog can be sold and thereby generate revenue for the municipality, the Supervisor my sell the dog rather than give the dog to an animal welfare/protection group, or to an individual.

 

(f)        At the time of sale or placement with an individual of any dog or cat, a spay and neuter deposit shall be required from the purchaser/new owner. Such deposit shall be established by the Mayor by regulation. All such deposits shall be deposited as special account for the municipality for animal control. A purchased/placed dog or cat under six months of age at the time it is sold/placed shall be spayed or neutered within six months or the deposit shall be deemed unclaimed and forfeited to the municipality. Any dog or cat six months of age over, at the time it is sold/placed, shall be spayed or neutered within sixty days or the deposit shall be deemed unclaimed and forfeited to the city. If a written statement is obtained by the purchaser/new owner from a veterinarian that the dog or cat is not suitable for surgery the deposits shall not be deemed forfeited.

 

(g)       The Supervisor may, without waiting for such five-day period to elapse, cause any impounded animal to be destroyed when that official reasonably determines, upon the advice of a veterinarian, that such animal is unfit for further use by reason of its having been injured, having become infected with a dangerous or communicable disease, having become incurably crippled or having become infirmed on account of advanced age. Such official may likewise so destroy any impounded animal upon receiving the written report of a duly licensed veterinarian that such animal is afflicted with a painful and incurable disease.

 

Modified, 1 CMC § 3806(e), (f), (g).

 

History: Adopted 25 Com. Reg. 20220 (May 29, 2003); Emergency and Proposed 25 Com. Reg. 20007 (Feb. 28, 2003) (effective for 120 days from Feb. 27, 2003); Proposed 19 Com. Reg. 15703 (Oct. 15, 1997).

 

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

 

In subsection (e), the Commission changed “sale” to “sell” to correct a manifest error.

 

§ 165-10.1-140           Impoundment; Redemption by Owner

 

The owner or person entitled to the possession of any impounded dog or other animal shall have the right to redeem and have the possession of the same at any time prior to the sale or destruction thereof upon payment to the Supervisor of the costs and charges incident to the impounding, taking, and keeping thereof, upon satisfactory proof of the ownership and right to possession of the dog or other animal being made to the Supervisor and, if sold, to receive all of the net proceeds of such sale in excess of the costs and charges or the taking, impounding, keeping, and expenses of sale thereof. As an incident to the redemption of any dog, the owner or other person shall also pay the license fee, plus any penalty, for any dog for which a license tag has not been issued for the current year.

 

History: Adopted 25 Com. Reg. 20220 (May 29, 2003); Emergency and Proposed 25 Com. Reg. 20007 (Feb. 28, 2003) (effective for 120 days from Feb. 27, 2003); Proposed 19 Com. Reg. 15703 (Oct. 15, 1997).

 

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

 

§ 165-10.1-145           Interference with Officers or Shelter

 

No person shall conceal or attempt to conceal, rescue, or attempt to rescue any dog or any of the animals mentioned in this subchapter from the Supervisor, or from any other officer authorized to enforce any of the provisions of this subsection, while engaged in the capture or in conveying to the animal shelter any such dog or animal, or to interfere in any manner with said persons in the performance of any duty incident to their office, or to rescue or attempt to rescue any dog or other animal which has been impounded in the animal shelter.

 

Modified, 1 CMC § 3806(d), (g).

 

History: Adopted 25 Com. Reg. 20220 (May 29, 2003); Emergency and Proposed 25 Com. Reg. 20007 (Feb. 28, 2003) (effective for 120 days from Feb. 27, 2003); Proposed 19 Com. Reg. 15703 (Oct. 15, 1997).

 

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

 

Part 200 -       Dog Licensing

 

§ 165-10.1-201           Tag; Required

 

No person shall own or have in custody or control any dog, male or female, over the age of four months, without at all times having upon such dog a collar or harness to which shall be securely fastened a tag as provided in the regulations in this subchapter. Said tag may be issued at any time during the calendar year and may be issued for a period of twelve months. The tag shall be obtained from the Supervisor or designated office, inscribed with the letters and words “Saipan Dog Tag” and with the serial number of the tag. The tag shall be sufficient only during the period for which the tag is issued.

 

Modified, 1 CMC § 3806(d), (f).

 

History: Adopted 25 Com. Reg. 20220 (May 29, 2003); Emergency and Proposed 25 Com. Reg. 20007 (Feb. 28, 2003) (effective for 120 days from Feb. 27, 2003); Proposed 19 Com. Reg. 15703 (Oct. 15, 1997).

 

§ 165-10.1-205           Application

 

Each application of a dog license tag shall state the age, sex, color, and breed of the dog for which the license is desired and the address of the owner.

 

History: Adopted 25 Com. Reg. 20220 (May 29, 2003); Emergency and Proposed 25 Com. Reg. 20007 (Feb. 28, 2003) (effective for 120 days from Feb. 27, 2003); Proposed 19 Com. Reg. 15703 (Oct. 15, 1997).

 

§ 165-10.1-210           Endorsement of Tag Number

 

All applications which have been endorsed shall be kept on file in the office of the Supervisor open to public inspection.

 

History: Adopted 25 Com. Reg. 20220 (May 29, 2003); Emergency and Proposed 25 Com. Reg. 20007 (Feb. 28, 2003) (effective for 120 days from Feb. 27, 2003); Proposed 19 Com. Reg. 15703 (Oct. 15, 1997).

 

§ 165-10.1-215           Spayed or Neutered Dog; Reduction in Fee

 

Whenever dog license tags are issued pursuant to this part, any such tag shall be issued for one-half or less of the fee required for a dog, if a certificate is presented from a licensed veterinarian that the dog has been spayed or neutered.

 

Modified, 1 CMC § 3806(d), (g).

 

History: Adopted 25 Com. Reg. 20220 (May 29, 2003); Emergency and Proposed 25 Com. Reg. 20007 (Feb. 28, 2003) (effective for 120 days from Feb. 27, 2003); Proposed 19 Com. Reg. 15703 (Oct. 15, 1997).

 

Commission Comment: The Commission inserted the final period.

 

§ 165-10.1-220           Penalty

 

Violation of or failure to comply with any provision of the regulations in this subchapter constitutes an infraction punishable by a fine of not more than one hundred dollars for the first offense and not more than two hundred dollars for the second offense within a twelve-month period.

 

Modified, 1 CMC § 3806(d).

 

History: Adopted 25 Com. Reg. 20220 (May 29, 2003); Emergency and Proposed 25 Com. Reg. 20007 (Feb. 28, 2003) (effective for 120 days from Feb. 27, 2003); Proposed 19 Com. Reg. 15703 (Oct. 15, 1997).

 

§ 165-10.1-225           Tag Issuance; Records

 

The Supervisor of the animal regulation division is authorized and directed to procure on an as needed basis such quantity of tags as may be required for dogs in the municipality, which tags shall be plainly inscribed as set forth in this subchapter, and shall be valid for only the period for which they are issued. The Supervisor, his assistants, and deputies shall furnish such tags to the owners and persons in control of dogs in the municipality for fees which shall be established by the Mayor by regulation for each unaltered dog and for each altered dog whose spaying or neutering is verified by a certificate from a licensed veterinarian. The Supervisor shall keep a register wherein shall be entered the name of every person to whom a dog tag has been issued, together with the serial number, and the period for which it is valid, the date of issuance, the address of applicant, and any other data deemed pertinent. Such tag shall be good only for use upon the dog described in such application.

 

Modified, 1 CMC § 3806(d), (f).

 

History: Adopted 25 Com. Reg. 20220 (May 29, 2003); Emergency and Proposed 25 Com. Reg. 20007 (Feb. 28, 2003) (effective for 120 days from Feb. 27, 2003); Proposed 19 Com. Reg. 15703 (Oct. 15, 1997).

 

§ 165-10.1-230           Tag; Replacement

 

In case of loss or destruction of any tag required by the provisions of this subchapter, a duplicate shall be issued by the Supervisor upon request and upon the payment of the fee established therefor by the Mayor by regulation.

 

Modified, 1 CMC § 3806(d).

 

History: Adopted 25 Com. Reg. 20220 (May 29, 2003); Emergency and Proposed 25 Com. Reg. 20007 (Feb. 28, 2003) (effective for 120 days from Feb. 27, 2003); Proposed 19 Com. Reg. 15703 (Oct. 15, 1997).

 

§ 165-10.1-235           Exemptions

 

No license fee or tax shall be required for the issuance of a tag for any dog certified as being duly and properly trained to aid or assist disabled persons when such dog is actually being used by a person for the purpose of aiding or assisting such disabled person, and the Supervisor shall annually issue tags free of charge to owners or persons having the custody and control of such dogs.

 

History: Adopted 25 Com. Reg. 20220 (May 29, 2003); Emergency and Proposed 25 Com. Reg. 20007 (Feb. 28, 2003) (effective for 120 days from Feb. 27, 2003); Proposed 19 Com. Reg. 15703 (Oct. 15, 1997).

 

§ 165-10.1-240           Tag; Counterfeit Prohibited

 

No person shall imitate or counterfeit any tag, receipt, or registration certificate required or issued pursuant to this subchapter or use any imitation or counterfeit of any such tag, receipt, or certificate.

 

Modified, 1 CMC § 3806(d).

 

History: Adopted 25 Com. Reg. 20220 (May 29, 2003); Emergency and Proposed 25 Com. Reg. 20007 (Feb. 28, 2003) (effective for 120 days from Feb. 27, 2003); Proposed 19 Com. Reg. 15703 (Oct. 15, 1997).

 

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

 

§ 165-10.1-245           Exhibit of Receipt or Tag Required

 

No person owning or having in his control any dog subject to license under this subchapter shall refuse to show upon demand to the Supervisor, or any police officer, the receipt for a license tag fee or the license tag for any duly registered dog.

 

Modified, 1 CMC § 3806(d).

 

History: Adopted 25 Com. Reg. 20220 (May 29, 2003); Emergency and Proposed 25 Com. Reg. 20007 (Feb. 28, 2003) (effective for 120 days from Feb. 27, 2003); Proposed 19 Com. Reg. 15703 (Oct. 15, 1997).

 

§ 165-10.1-250           Unlawful Killing, Injuring or Impounding

 

Except as otherwise provided in this part, it is unlawful for any person to kill, injure, or impound any dog, if the owner of the dog has complied with the provisions of this part.

 

Modified, 1 CMC § 3806(d).

 

History: Adopted 25 Com. Reg. 20220 (May 29, 2003); Emergency and Proposed 25 Com. Reg. 20007 (Feb. 28, 2003) (effective for 120 days from Feb. 27, 2003); Proposed 19 Com. Reg. 15703 (Oct. 15, 1997).

 

§ 165-10.1-255           Female in Heat; Permitting to Run at Large

 

It is unlawful for any person to permit any female dog which is owned, harbored, or controlled by him, to run at large at any time during the period when the dog is in heat or breeding condition.

 

History: Adopted 25 Com. Reg. 20220 (May 29, 2003); Emergency and Proposed 25 Com. Reg. 20007 (Feb. 28, 2003) (effective for 120 days from Feb. 27, 2003); Proposed 19 Com. Reg. 15703 (Oct. 15, 1997).

 

Part 300 -       Rabies Control

 

[Reserved.]

 

History: Adopted 25 Com. Reg. 20220 (May 29, 2003); Emergency and Proposed 25 Com. Reg. 20007 (Feb. 28, 2003) (effective for 120 days from Feb. 27, 2003); Proposed 19 Com. Reg. 15703 (Oct. 15, 1997).

 

Part 400 -       Animal Regulation

 

§ 165-10.1-401           Dog Leash Required

 

No person owning, having a proprietary interest in, harboring or having the care, charge, control, custody, or possession of a dog, shall permit such dog to be in or upon any public street, park, or other public place unless such dog is upon a secure leash not more than eight feet long held continuously, in the hands of a responsible person capable of controlling the dog, or unless the dog is securely confined within an automobile, or in or upon any unenclosed lot or premises, unless the dog is securely leashed upon the unenclosed lot or premises; provided, however, that this section shall not apply to any such person who is in possession or operating within the terms of a valid, unrevoked permit from the municipality for the conduct of obedience or other types of trial or show of dogs in or upon any public place.

 

Modified, 1 CMC § 3806(f).

 

History: Adopted 25 Com. Reg. 20220 (May 29, 2003); Emergency and Proposed 25 Com. Reg. 20007 (Feb. 28, 2003) (effective for 120 days from Feb. 27, 2003); Proposed 19 Com. Reg. 15703 (Oct. 15, 1997).

 

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

 

§ 165-10.1-405           Possession Without Owner’s Consent

 

No person, not the owner thereof, and without the consent of the owner thereof, shall hold or retain in his possession any dog within the municipality for any period longer than twenty-four hours unless such person reports the same, with the true description thereof, to the Supervisor.

 

Modified, 1 CMC § 3806(f).

 

History: Adopted 25 Com. Reg. 20220 (May 29, 2003); Emergency and Proposed 25 Com. Reg. 20007 (Feb. 28, 2003) (effective for 120 days from Feb. 27, 2003); Proposed 19 Com. Reg. 15703 (Oct. 15, 1997).

 

§ 165-10.1-410           Enforcement

 

The Supervisor and any employee designated by the municipality shall have the duty to enforce this act.

 

History: Adopted 25 Com. Reg. 20220 (May 29, 2003); Emergency and Proposed 25 Com. Reg. 20007 (Feb. 28, 2003) (effective for 120 days from Feb. 27, 2003); Proposed 19 Com. Reg. 15703 (Oct. 15, 1997).

 

§ 165-10.1-415           Refunds

 

In the event the Supervisor or the Supervisor’s designee determines after the sale of an animal that the animal bites, or that an examining veterinarian has determined that the animal is ill and there are sufficient facts and circumstances which indicate that the illness was incurred by the animal prior to the sale, the Supervisor or the Supervisor’s designee may authorize the refund of the purchase price, inoculation fee, licensee fee, and any other fees or charges paid by the purchaser to the municipality in connection with the sale of the animal; provided, that the purchaser of the animal files a written request for the refund with the Supervisor within fifteen days after the date of the sale of the animal.

 

Modified, 1 CMC § 3806(e).

 

History: Adopted 25 Com. Reg. 20220 (May 29, 2003); Emergency and Proposed 25 Com. Reg. 20007 (Feb. 28, 2003) (effective for 120 days from Feb. 27, 2003); Proposed 19 Com. Reg. 15703 (Oct. 15, 1997).

 

§ 165-10.1-420           Vicious Animals; Defined

 

(a)       “Vicious animal” is any which bites or attempts to bite any human or animal without provocation, or which has a disposition or propensity to attack, bite, or menace any human or animal without provocation and endangers the health and safety of any person.

 

(b)       Any animal who bites or attempts to bite a person or other animal that is unlawfully on its owner’s premises, or which has been provoked or teased, or which is otherwise performing its duties as a police dog, shall not be deemed to be a vicious animal.

 

History: Adopted 25 Com. Reg. 20220 (May 29, 2003); Emergency and Proposed 25 Com. Reg. 20007 (Feb. 28, 2003) (effective for 120 days from Feb. 27, 2003); Proposed 19 Com. Reg. 15703 (Oct. 15, 1997).

 

Commission Comment: The original paragraphs were not designated. The Commission designated subsections (a) and (b). The Commission inserted a comma after the word “bite” in subsection (a) pursuant to 1 CMC § 3806(g).

 

§ 165-10.1-425           Impoundment of Vicious Animal

 

(a)       Any law enforcement or animal control officer of the municipality shall have the authority summarily and immediately to impound a dog or other animal where there is evidence it is vicious within the meaning of this subchapter.

 

(b)       Whenever necessary to make an inspection to enforce any of the provisions of this subchapter, such official may enter private property at all reasonable times to inspect same or to perform any duty imposed by this subchapter, provided, that if such private property is occupied, such official shall first present proper credentials and demand entry. If entry is refused, or if the owner or other person having control of such property is not present to permit entry, such official shall have recourse to every remedy provided by law to secure entry at a later time.

 

(c)       If the dog or other animal cannot be safely taken up and impounded, it may be destroyed forthwith by such law enforcement or animal control officer.

 

Modified, 1 CMC § 3806(d), (f).

 

History: Adopted 25 Com. Reg. 20220 (May 29, 2003); Emergency and Proposed 25 Com. Reg. 20007 (Feb. 28, 2003) (effective for 120 days from Feb. 27, 2003); Proposed 19 Com. Reg. 15703 (Oct. 15, 1997).

 

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

 

§ 165-10.1-430           Vicious Animal Hearing

 

Where there exists evidence sufficient to give rise to the suspicion that a dog or other animal, the Supervisor shall conduct a hearing for the purpose of determining whether the dog or other animal is a vicious animal.* The Supervisor shall notify the owner of the animal, and may notify any interested parties of the time and place of hearing. At such hearing the owner and any interested party shall be given the opportunity to present any evidence relevant to the issue. After such hearing the Supervisor is empowered to declare such dog or other animal to be a vicious animal. All hearings shall be conducted in accordance with the APA [Administrative Procedure Act, 1 CMC §§ 9101, et seq.].

 

*So in original.

 

Modified, 1 CMC § 3806(d).

 

History: Adopted 25 Com. Reg. 20220 (May 29, 2003); Emergency and Proposed 25 Com. Reg. 20007 (Feb. 28, 2003) (effective for 120 days from Feb. 27, 2003); Proposed 19 Com. Reg. 15703 (Oct. 15, 1997).

 

§ 165-10.1-435           Disposition of Vicious Animals

 

Any dog or other animal declared to be a vicious animal may, at the discretion of the Supervisor, be humanely destroyed. Such humane destruction shall occur no earlier than ten days following notice given to the owner of such animal of intention to destroy, or if a hearing is held, no earlier than ten days after a decision has been issued in the same and after all rights to appeal have been exhausted.

 

Modified, 1 CMC § 3806(e).

 

History: Adopted 25 Com. Reg. 20220 (May 29, 2003); Emergency and Proposed 25 Com. Reg. 20007 (Feb. 28, 2003) (effective for 120 days from Feb. 27, 2003); Proposed 19 Com. Reg. 15703 (Oct. 15, 1997).

 

§ 165-10.1-440           Issuance of Rules and Regulations; Summary Destruction

 

(a)       If, after the hearing provided in this subchapter, it is determined that the dog or other animal is vicious, the Supervisor, if he elects not to destroy the animal, may, through the issuance of an order, place conditions pertaining to the keeping and containing of such animal.

 

(b)       If such dog or other animal is thereafter determined to be in violation of any of the terms of an order issued by the Supervisor pertaining to the keeping and containing of an animal found to be vicious, such animal shall be impounded and thereafter subject to destruction pursuant to §§ 165-10.1-430 and 165-10.1-435 after any and all hearings and appeals have been taken.

 

Modified, 1 CMC § 3806(c), (d).

 

History: Adopted 25 Com. Reg. 20220 (May 29, 2003); Emergency and Proposed 25 Com. Reg. 20007 (Feb. 28, 2003) (effective for 120 days from Feb. 27, 2003); Proposed 19 Com. Reg. 15703 (Oct. 15, 1997).

 

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

 

Part 500 -       Fee Schedule

 

§ 165-10.1-501           Fee Schedule

 

This fee schedule is authorized by the regulations promulgated pursuant to Saipan Local Law No. 9-12.

 

(a)       License Fees

 

Non Altered

Altered

Senior Citizen

1 Year License

$10.00

$6.00

$5.00

2 Year License

$18.00

$10.00

$8.00

3 Year License

$26.00

$14.00

$10.00

4 Year License

$34.00

$18.00

$12.00

5 Year License

$42.00

$24.00

$15.00

Senior citizens must be 60 years of age and own an altered dog.

 

(b)       Redemption Fees (within a 12 month period)

 

Impound

Board (per day)

1st Impound

$16.00

$5.00

2nd Impound

$32.00

$5.00

3rd Impound

$47.00

$5.00

Special Impound (after hours)

$47.00

$5.00

Penalty Fee

$20.00

 

 

Senior citizen with an altered animal: Impound fee is 50% of applicable impoundment fee, plus $5.00 per day board.

 

(c)       Adoption Fees

Dogs over 4 Months

Dogs under 4 Months

Adoption Fee

$20.00

Adoption Fee

$20.00

Alter Deposit

$20.00

Alter Deposit

$20.00

Parvo Deposit

$10.00

 

 

 

$50.00

 

$50.00

 

Deposits        Alter Deposit: $15.00 refundable upon proof of alter.

Parvo Deposit: $10.00 refundable upon proof of vaccination.

Refunds         Proof of alter and/or vaccination must be provided within 30 days of adoption in order to receive a refund.

A license must be purchased for any dog over four months of age.

 

(d)       Owner Animal Turn-in

Alive   $26.00

Dead    $16.00

 

Modified, 1 CMC § 3806(f).

 

History: Adopted 25 Com. Reg. 20220 (May 29, 2003); Emergency and Proposed 25 Com. Reg. 20007 (Feb. 28, 2003) (effective for 120 days from Feb. 27, 2003); Proposed 19 Com. Reg. 15703 (Oct. 15, 1997).

 

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

 


 

CHAPTER 165-20

SAIPAN HIGHER EDUCATION FINANCIAL ASSISTANCE BOARD

 

SUBCHAPTER 165-20.1

SAIPAN HIGHER EDUCATION FINANCIAL ASSISTANCE PROGRAM RULES AND REGULATIONS

 


Part 001          General Provisions

§ 165-20.1-001           Statutory Authority

§ 165-20.1-005           Mission of SHEFA

§ 165-20.1-010           Priority for Financial Assistance

§ 165-20.1-015           Funding Source & Budget Authority

§ 165-20.1-020           Office of the Mayor of Saipan

§ 165-20.1-025           Saipan Higher Education Financial Assistance Board (SHEFA)

 

Part 100          SHEFA Program Requirements

§ 165-20.1-101           Classification of Recipients

§ 165-20.1-105           Types of Financial Assistance

§ 165-20.1-110           Qualification Requirements

§ 165-20.1-115           Eligibility for SHEFA Fund Financial Assistance

§ 165-20.1-120           Conditions for Continuing Assistance

§ 165-20.1-125           Application Policy & Procedure; Required Documents/Deadlines

§ 165-20.1-130           Truth-in-lending Policy and Confidentiality

§ 165-20.1-135           Appeal Policy & Procedure

 

Part 200          Miscellaneous Provisions

§ 165-20.1-201           Availability of Supplementary Financial Assistance; Effective Date

§ 165-20.1-205           Promissory Note/Memorandum of Agreement Form; Repayment Term

§ 165-20.1-210           Career Counseling and Guidance & College Life Orientation

§ 165-20.1-215           Notification to SHEFA Board

§ 165-20.1-220           SHEFA Application Form; Terms

§ 165-20.1-225           Welcome Home; Your Expected Return to Saipan


 

Subchapter Authority: 10 CMC §§ 3921-3928.

 

Subchapter History: Amdts Adopted 35 Com. Reg. 34583 (Nov. 28, 2013); Amdts Proposed 35 Com. Reg. 33795 (July 28, 2013); Amdts Adopted 33 Com. Reg. 31916 (Sept. 26, 2011); Amdts Proposed 33 Com. Reg. 31761 (July 22, 2011); Amdts Adopted 30 Com. Reg. 29099 (Dec. 22, 2008); Amdts Proposed 30 Com. Reg. 28737 (Sept. 25, 2008); Amdts Adopted 29 Com. Reg. 26516 (May 16, 2007); Amdts Proposed 28 Com. Reg. 26376 (Dec. 29, 2006); Amdts Adopted 28 Com. Reg. 25758 (May 19, 2006); Amdts Proposed 27 Com. Reg. 25248 (Nov. 25, 2005); Amdts Adopted 28 Com. Reg. 25622 (Apr. 17, 2006); Amdts Proposed 27 Com. Reg. 24512 (May 18, 2005); Amdts Emergency and Proposed 27 Com. Reg. 24135 (May 18, 2005) (effective for 120 days from May 3, 2005);** Amdts Emergency and Proposed 26 Com. Reg. 23081* (Nov. 30, 2004) (effective for 120 days from Nov. 24, 2004); Adopted 26 Com. Reg. 23121 (Aug. 26, 2004); Proposed 26 Com. Reg. 22797 (June 24, 2004).

 

*Due to a pagination error, page numbers 22819 through 23098 repeat in the 2004 Commonwealth Registers.

 

**As of December 2005, notices of permanent adoption for the November 2004, May 2005 and November 2005 amendments had not been published.

 

Commission Comment: 1 CMC § 5101 creates offices of the mayors within the Commonwealth government, composed of the duly-elected mayors of Saipan, Rota, Tinian and Aguiguan and the Northern Islands. The mayors are authorized to promulgate regulations on local matters as provided by law. See 1 CMC § 5106(e).

 

Saipan Local Law 13-21 (effective Feb. 2, 2004), the “Saipan Higher Education Financial Assistance Act of 2003,” is codified at 10 CMC §§ 3921-3928. Saipan Local Law 14-13 (effective Oct. 29, 2004) amends certain provisions of SLL 13-21. 10 CMC § 3922, as amended by SLL 14-13 § 2(a), creates the Saipan Higher Education Financial Assistance Board within the Office of the Mayor of Saipan. The Board is authorized to administer the higher education financial assistance program for eligible Saipan residents and to prescribe reasonably necessary rules and regulations to carry out the intent of the act. 10 CMC § 3924(n).

 

Part 001 -       General Provisions

 

§ 165-20.1-001           Statutory Authority

 

The Saipan Higher Education Financial Assistance Act of 2003 was signed into law on February 3, 2004, as Saipan Local Law (SLL) 13-21 [10 CMC §§ 3921-3928], which established the Saipan Higher Education Financial Assistance for the Municipality of Saipan in the Office of the Mayor of Saipan for administrative purposes, and to be administered by the Board of Saipan Higher Education Financial Assistance, hereinafter referred to SHEFA.

 

History: Adopted 26 Com. Reg. 23121 (Aug. 26, 2004); Proposed 26 Com. Reg. 22797 (June 24, 2004).

 

§ 165-20.1-005           Mission of SHEFA

 

The mission of the Saipan Higher Education Financial Assistance (SHEFA) under the Municipality of Saipan, Office of the Mayor is to invest in the limited human capital resources of qualified residents of Saipan (inclusive of the Northern Islands) through a supplementary financial assistance, upon availability of funds pursuant to Saipan Local Law 13-21 [10 CMC §§ 3921-3928], for purposes of pursuing post-secondary education on Saipan or abroad, and in recognition of the need for educated citizenry and workforce on Saipan, with the broad expectation of SHEFA and assurance from all applicants and recipients of SHEFA financial assistance to return to Saipan upon a successful completion of a higher education with the necessary and sufficient knowledge, skill, attitude and work ethic in order to provide services on Saipan in the private sector, government, non-governmental (NGO) organization as well as not-for-profit organization.

 

History: Adopted 26 Com. Reg. 23121 (Aug. 26, 2004); Proposed 26 Com. Reg. 22797 (June 24, 2004).

 

§ 165-20.1-010           Priority for Financial Assistance

 

Qualified residents of the Municipality of Saipan who have been accepted or enrolled in any US accredited institution of higher education and meet all requirements as new or returning student are ranked in the order of priority to receive supplementary financial assistance as follows.

 

(a)       Undergraduate level in the identified priority fields of study.

 

(b)       Graduate level in the identified priority of fields of study.

 

(c)       Advanced degree level in the identified priority of fields of study.

 

(d)       All other residents of Saipan returning students. who qualify as new or returning students.

 

Modified, 1 CMC § 3806(f).

 

History: Adopted 26 Com. Reg. 23121 (Aug. 26, 2004); Proposed 26 Com. Reg. 22797 (June 24, 2004).

 

§ 165-20.1-015           Funding Source & Budget Authority

 

Pursuant to Saipan Local Law 13-21, section 5 on page four of the Act [10 CMC § 3925], the funding for this program is sourced from fees collected from the local license fees for poker and pachinko machines under Saipan Local Law 13-8, as continuously appropriated by SLL 13-21. Other funding sources authorized by this Act in section 5(d) on page three [10 CMC § 3924(d)] is to receive and accept from any individual, association or corporation, gifts, grants and donations of money for the purpose of providing higher education financial assistance to be established in a separate special account by the Secretary of Finance to implement the purposes of the Act.

 

Modified, 1 CMC § 3806(e), (f).

 

History: Adopted 26 Com. Reg. 23121 (Aug. 26, 2004); Proposed 26 Com. Reg. 22797 (June 24, 2004).

 

§ 165-20.1-020           Office of the Mayor of Saipan

 

The Saipan Higher Education Financial Assistance is established by SLL 13-21 [10 CMC §§ 3921-3928] in the Office of the Mayor of Saipan, and vested the Mayor of Saipan with the authority to appoint members of the board therein, subject to confirmation by the Saipan and Northern Islands Legislative Delegation (SNILD). In addition, the Office of the Mayor of Saipan is required by law to provide the board with administrative, personnel and logistical support subject to the limits of resource availability.

 

History: Adopted 26 Com. Reg. 23121 (Aug. 26, 2004); Proposed 26 Com. Reg. 22797 (June 24, 2004).

 

§ 165-20.1-025           Saipan Higher Education Financial Assistance Board (SHEFA)

 

The SHEFA board is established pursuant to SLL 13-21 [10 CMC §§ 3921-3928] whose members are appointed by the Mayor of Saipan subject to confirmation by the Saipan and Northern Islands Legislative Delegation. The Mayor may remove any member of the board on account of gross neglect of duty, conviction of a felony, or mental or physical incapacity. The duties and power of the board are specifically delineated in section 5 and section 8 of this Act.

 

Modified, 1 CMC § 3806(f).

 

History: Adopted 26 Com. Reg. 23121 (Aug. 26, 2004); Proposed 26 Com. Reg. 22797 (June 24, 2004).

 

Part 100 -       SHEFA Program Requirements

 

§ 165-20.1-101           Classification of Recipients

 

SHEFA recognizes three types of degree categories, namely, undergraduate degree (associate degree and bachelor’s degree); graduate degree (masters degree); and advanced degree (degree higher than a masters degree, e.g., J.D., medical doctor, PH.D., ED.D., etc.).

 

Modified, 1 CMC § 3806(f), (g).

 

History: Adopted 26 Com. Reg. 23121 (Aug. 26, 2004); Proposed 26 Com. Reg. 22797 (June 24, 2004).

 

Commission Comment: The Commission inserted the final period.

 

§ 165-20.1-105           Types of Financial Assistance

 

(a)       Grant-in-aid is a type of financial assistance available to a student from Saipan pursuing post-secondary education in U.S. accredited colleges or universities. If a grant recipient does not return to Saipan after completion of his or her studies, the grant automatically becomes a loan and the grant recipient must repay the SHEFA fund plus interest in accordance with the terms and conditions of attached promissory note/memorandum of agreement.

 

(b)       Scholarship is a type of financial assistance that is available to a student from Saipan pursuing post-secondary education based on financial need, academic achievement and other established criteria. A second type of assistance under the scholarship program is one in which a student pursues a field of study that has been identified by SHEFA as a priority field of study for the island of Saipan, and having met other established criteria. The priority field of study award is granted only to Junior and Senior college students. The third type of scholarship is based on academic performance at the end of every semester or quarter, called the merit incentive award. Applicants in their first term of college are not eligible to receive the merit incentive award. Students taking remedial courses or developmental courses in fulfillment of a full-time status are not eligible for the merit incentive award. The fourth type of scholarship is a career prep scholar credit voucher valued at $200 per voucher for a maximum of two vouchers per recipient. This voucher is for use by the recipient in obtaining career guidance and counseling or in participating in career or job fairs or any other type of training in career planning and preparation. The voucher is non-cash, and will be used toward the cancellation of any loan(s) granted to the recipient by SHEFA. Scholarship recipients must work on Saipan either in the private or public sector for as long a period as the duration of the scholarship. If a scholarship recipient does not return to Saipan after completion of his or her studies, the scholarship automatically becomes a loan and the recipient must repay the SHEFA fund plus interest in accordance with the terms and conditions of the attached promissory note/memorandum of agreement.

 

(c)(1)   Student loan is a type of financial assistance divided into three components. One is based on financial need on criteria established by the SHEFA board. Loan on demand or demand loan is the second type of loan based upon the time of submission, receipt and acceptance of application to SHEFA. The third and final type of assistance under this loan program is referred to as merit loan. A merit loan is strictly to enable a resident from Saipan enrolled in any accredited U.S. institutions of higher education to “challenge” up to two courses on campus in order to:

(i)        Accelerate degree/program completion, or

(ii)       Fulfill a graduation requirement.

(2)       These challenges must be taken on campus only, unless otherwise authorized and approved first in writing by SHEFA. If a loan recipient does not return to Saipan after completion of his/her studies, he/she must repay the SHEFA fund plus interest in accordance with the terms and conditions of the attached promissory note/memorandum of agreement.

 

(d)       All recipients of any SHEFA loan pursuant to subsection (c) made available to a student from Saipan in pursuit of post-secondary education at any U.S. accredited institution of higher education shall have a legal obligation of paying back twenty-five percent of the total loan amount received and providing a minimum of three years service in either the private or public sector on Saipan on all loan amounts received while in school. However, for purposes of entering into a promissory note/memorandum of agree- ment with SHEFA and the recipient, the recipient will be deemed and classified as a debtor of SHEFA funds unless all conditions, requirements and stipulations of the note and SHEFA rules and regulations in this subchapter are abided to at all times during the term or life of the agreement, and after completion of his/her studies, or non-enrollment from school or termination from the institution of record.

 

Priority Field of Study for Saipan includes accounting; nursing; teaching/specialized special education/early childhood ed./library science/counseling/bilingual ed.; business management and administration; hospitality & information technology, anthropology/sociology for teaching; biology (science) for teaching; criminal justice leading to forensic science; lab technology; psychology other than leading to counseling; human resources development/personnel management; social worker; mathematics for teaching; engineering/architect (A&E); medical and allied fields, including psychiatry; environmental studies/conservation (e.g., natural resources, volcanology, marine biology, fish & wildlife, meteorology & archeology); criminal justice and computer graphics, including technical or specialized trades such as journalism, management information, computer programming and other fields of study sanctioned by the Board in accordance with the Administrative Procedure Act [1 CMC §§ 9101 et seq.].

 

(e)       Note: Applicant enrolled in a U.S. accredited online program are allowed to apply for SHEFA financial assistance. However, students enrolled online, regardless of their physical location, will receive the same amount as an on-island student. Block 1/Term 1 for fall term classes must start by August or September and end by December. Block 2/Term 2 for spring classes must start by January and end by June.

 

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

 

History: Amdts Adopted 35 Com. Reg. 34583 (Nov. 28, 2013); Amdts Proposed 35 Com. Reg. 33795 (July 28, 2013); Amdts Adopted 30 Com. Reg. 29099 (Dec. 22, 2008); Amdts Proposed 30 Com. Reg. 28737 (Sept. 25, 2008); Amdts Adopted 28 Com. Reg. 25758 (May 19, 2006); Amdts Proposed 27 Com. Reg. 25248 (Nov. 25, 2005); Adopted 26 Com. Reg. 23121 (Aug. 26, 2004); Proposed 26 Com. Reg. 22797 (June 24, 2004).

 

Commission Comment: The original paragraphs of subsection (c) were not designated. The Commission designated subsections (c)(1) and (c)(2).

 

In May 2006 and December 2008, the note after subsection (d) was amended. In the note, the Commission changed “procedures” to “Procedure” to correct a manifest error. The 2013 amendments amended subsection (b) and added subsection (e).

 

§ 165-20.1-110           Qualification Requirements

 

Section 7 of SLL 13-21 [10 CMC § 3927] reads: “No person other than residents of the Municipality of Saipan as defined under section 2 of this Act shall be eligible for or receive assistance from the Saipan Higher Education Financial Assistance Fund.” A resident in section 2 is a person who is a United States citizen or a United States permanent resident, who has resided in the Municipality of Saipan for at least a year before applying for financial assistance administered by the Board and who is attending or has been accepted for enrollment at an institution of higher education in the CNMI or outside the CNMI. Proof of resident by a parent residing in the Municipality of Saipan for the requisite period, or other acceptable evidence of residency of the applicant or recipient of SHEFA financial assistance such as the Saipan municipal identification card, CNMI driver’s license, etc. must be submitted to the SHEFA office.

 

Note: Eligible SHEFA applicants new and ongoing are required to register to vote in the 3rd Senatorial District (Saipan/Northern Islands).

 

Modified, 1 CMC § 3806(f).

 

History: Amdts Adopted 35 Com. Reg. 34583 (Nov. 28, 2013); Amdts Proposed 35 Com. Reg. 33795 (July 28, 2013); Adopted 26 Com. Reg. 23121 (Aug. 26, 2004); Proposed 26 Com. Reg. 22797 (June 24, 2004).

 

Commission Comment: The 2013 amendments added the Note.

 

§ 165-20.1-115           Eligibility for SHEFA Fund Financial Assistance

 

(a)       All applicants must meet the requirements in § 165-20.1-110 and the following additional requirements:

(1)       Graduate from high school with a high school diploma or high school equivalent diploma, except for applicants under the Early Admission Program or 2+2 program;

(2)       Have a cumulative high school grade point average of at least 2.5 upon graduation;

(3)       Be accepted to or enrolled on full-time status as required by SHEFA, which does not include a developmental or remedial course(s) or a course taken as non-credit course(s) in a U.S. accredited college or university. Exception to full-time enrollment status of certified disabled applicants may be granted on a case-by-case basis.

(4)       If awarded financial assistance, a recipient must sign a promissory note/memorandum of agreement providing that all financial assistance received from the SHEFA fund be subject to debt conversion and debt convertible and that future assistance be contingent on funds availability pursuant to law;

(5)       Meet all conditions for continuing assistance from SHEFA as provided in this subchapter;

(6)       Provide all required documents and documentation of eligibility as required by this subchapter, including but not limited to those specifically identified in § 165-20.1-125; and

(7)       Maintain at least the minimum grade point average as a condition and prerequisite for continuing assistance, which for undergraduate students is 2.5 cumulative GPA; for performance-based scholarship students is 3.5 term††: for graduate and advanced students eligibility is based on a Pass or No Pass grading; Institution’s grading system will be accepted as long as the student is still enrolled in the program with compliance to full-time requirement; Priority filed of study for Juniors and Seniors in college is 2.5 cumulative GPA; and for loan is 2.5 cumulative GPA.

 

Early Admission Program and 2+2 program applies to students still in high school that are simultaneously enrolled at the Northern Marianas College as full-time college students taking college level courses.

 

††Term refers to fall term and spring term per academic year for applicant or recipient on semester system; fall term, winter term and spring term for applicant or recipient on quarter system; winter and spring term GPA may be combined in computing the higher of the term GPA for purposes of GPA scholarship. GPA scholarship for semester term is awarded on the fall and spring semester and fall and spring for the quarter term.

 

(b)       Eligibility for SHEFA fund financial assistance shall be limited to the following maximum time periods:

(1)       For an associate degree (AA/AS), a maximum of two academic years not including summer;

(2)       For a bachelor’s degree (BA/BS), a maximum of four academic years, with a provision for one additional academic year for specialized majors and/or content-area certification by the institution not including summer;

(3)       For a graduate degree (MA/MS), a maximum of two academic years not including summer for a graduate degree (MA/MS);

(4)       For an advanced degree, a maximum of three academic years not including summer, with a provision for up to three additional academic years for dissertation writing, dissertation defense and internship or medical degree training requirements, and up to two years for jurisprudence work or related residency, internship or related training requirements.

 

Note: Financial Scholarship Request (FSR) to Department of Finance must be made on or before November 15th, for fall term and on or before April 15th for spring term. Other request will be accommodated on a case-by-case basis.

 

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

 

History: Amdts Adopted 35 Com. Reg. 34583 (Nov. 28, 2013); Amdts Proposed 35 Com. Reg. 33795 (July 28, 2013); Amdts Adopted 29 Com. Reg. 26516 (May 16, 2007); Amdts Proposed 28 Com. Reg. 26376 (Dec. 29, 2006); Amdts Emergency and Proposed 26 Com. Reg. 23081* (Nov. 30, 2004) (effective for 120 days from Nov. 24, 2004); Adopted 26 Com. Reg. 23121 (Aug. 26, 2004); Proposed 26 Com. Reg. 22797 (June 24, 2004).

 

*Due to a pagination error, page numbers 22819 through 23098 repeat in the 2004 Commonwealth Registers.

 

Commission Comment: The Commission changed “fulltime” to “full-time” and removed the brackets in the second sentence of subsection (a)(3). The Commission removed “be eligible for financial assistance for the limited times as follows” from subsection (b) to correct a manifest error. In the note to this section, the Commission added “year” after “per academic” to correct a manifest error. The Commission corrected a semicolon to a comma and a period to a semicolon in subsection (a)(1) pursuant to 1 CMC § 3806(g). The Commission corrected the capitalization of the words “except” in subsection (a)(1) and “grading” in subsection (a)(7) pursuant to 1 CMC § 3806(f).

 

The 2007 amendments reorganized this section and made numerous amendments. The 2013 amendments added the first daggered section and the final note and amended subsections (a)(1) and (a)(7).

 

§ 165-20.1-120           Conditions for Continuing Assistance

 

(a)       Any new applicant and recipient of SHEFA financial assistance must qualify and be eligible for the assistance as provided for in § 165-20.1-105 at all times and must adhere to all other rules and regulations in this subchapter, including the provisions of the promissory note/memorandum of agreement incorporated herein as a necessary and sufficient condition to receiving and continuing to receive financial assistance from the SHEFA Board pursuant to law subject to availability of funds.

 

(b)       The Board may consider an exception to the applicable regulations and provisions in the existing promissory note/memorandum of agreement, and grant a one-time continuing financial assistance to a currently enrolled full- time undergraduate, graduate or advanced student upon signing a supplemental agreement to the existing promissory note/memorandum of agreement, thereby allowing the Board to grant a one-time deferment on the automatic default provisions based on the most current cumulative GPA.

 

(c)       A written request by the recipient to the Board for an exception to § 165-20.1-115 and the existing promissory note/memorandum of agreement must be received by SHEFA not more than ten working days following the end of the most recent semester or quarter of the academic year in which the recipient failed to meet SHEFA’s minimum cumulative GPA.

 

(d)       A show cause hearing may be held or in the alternative a written request may be submitted to the Board along with evidence based on substantiated compelling reasons or extenuating circumstances on account of medical, health, or psychological reasons, and other credible and verifiable information provided by a first-time recipient enrolled on full-time status.

 

(e)       Provided, however, that no course repeat or below-level course shall be considered in meeting SHEFA’s full-time and cumulative GPA requirements for an undergraduate, graduate or advanced student.

 

(f)        Furthermore, if the Board decides to approve a one- time deferral, then it shall be deemed a conditional eligibility for a period not to exceed a semester or quarter immediately thereafter, and such eligibility shall not include eligibility for the academic performance scholarship which requires a 3.5 cumulative GPA for an undergraduate, graduate or advanced student enrolled on full-time status.

 

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

 

History: Amdts Adopted 28 Com. Reg. 25622 (Apr. 17, 2006); Amdts Proposed 27 Com. Reg. 24512 (May 18, 2005); Amdts Emergency and Proposed 27 Com. Reg. 24135 (May 18, 2005) (effective for 120 days from May 3, 2005); Adopted 26 Com. Reg. 23121 (Aug. 26, 2004); Proposed 26 Com. Reg. 22797 (June 24, 2004).

 

Commission Comment: The Commission designated subsections (a)-(f), which were not designated in the original. The Commission made “provision” plural in subsection (b) and changed “provide” to “provided” in subsection (d). The Commission changed “fulltime” to “full-time” throughout this section.

 

The April 2006 amendments added subsections (b)-(f).

 

§ 165-20.1-125           Application Policy & Procedure; Required Documents/Deadlines

 

(a)       All new and continuing applicants for SHEFA financial assistance are required to submit the following documents as a condition for consideration for assistance. These are:

(1)       Original and completed application form indicating whether for new or renewal.

(2)       Latest sealed official transcript from high school or institution of higher education mailed directly to the SHEFA office or an unofficial copy faxed directly to the office by the school or college/university. Scholarship award(s) will be based on a student’s timely submission of transcripts and class schedules and meeting the full-time credit requirements and other pertinent datelines and/or requirements.

(3)       Letter of acceptance or proof of admission or enrollment.

(4)       Proof of citizenship (e.g., Saipan municipal identification card, United States passport, birth certificate, or CNMI drivers license).

(5)       Proof of residency on Saipan as indicated by an annual tax return or other acceptable evidence such as a Saipan municipal identification card or a CNMI driver’s license.

 

(b)       In addition, all application forms for new or continuing SHEFA assistance must be filed together with the required documents indicated herein on July 1st unless the date falls on a weekend in which case the deadline is the first Monday of the following week for the fall semester/quarter and December 1st for the spring semester/quarter annually unless the date falls on a weekend in which case the deadline is the first Monday of the following week. Failure to submit a completed application form and the requisite supporting documents to the SHEFA office on the deadline will be cause for not considering the application until the next financial assistance cycle.

 

Modified, 1 CMC § 3806(f).

 

History: Amdts Adopted 35 Com. Reg. 34583 (Nov. 28, 2013); Amdts Proposed 35 Com. Reg. 33795 (July 28, 2013); Adopted 26 Com. Reg. 23121 (Aug. 26, 2004); Proposed 26 Com. Reg. 22797 (June 24, 2004).

 

Commission Comment: The original paragraphs were not designated. The Commission designated subsections (a) and (b). The Commission added a period at the end of subsection (a)(2) pursuant to 1 CMC § 3806(g).

 

The 2013 amendments amended subsection (a)(2).

 

§ 165-20.1-130           Truth-in-lending Policy and Confidentiality

 

The information provided to SHEFA for purposes of determining qualification and eligibility is considered confidential, and will only be released upon written authorization from the applicant/recipient. All information contained in the completed application or renewal form, qualification and eligibility documents, person(s) used as reference(s), letter of acceptance, enrollment documents from institution of record, grade reports and transcripts, and other forms of supporting documents are considered true and complete to the best of the applicant/ recipient’s knowledge, and the applicant further agrees to provide proof of information stated in the application or renewal form or supporting documents submitted to SHEFA. Falsification of information and any document(s) submitted by the applicant or recipient of SHEFA assistance may result in the immediate discontinuation of financial assistance and automatic suspension and/or disqualification for any future financial assistance. Therefore, every applicant for SHEFA financial assistance and every recipient of SHEFA financial assistance is required to authorize SHEFA to request and obtain any and all information necessary and sufficient from relevant agencies or institutions of higher education related to the application or renewal of application for financial assistance from SHEFA. Financial assistance from the SHEFA fund is contingent on availability of funds as provided in Saipan Local Law 13-21 [10 CMC §§ 3921-3928].

 

History: Adopted 26 Com. Reg. 23121 (Aug. 26, 2004); Proposed 26 Com. Reg. 22797 (June 24, 2004).

 

§ 165-20.1-135           Appeal Policy & Procedure

 

Any qualified and eligible applicant and recipient of SHEFA financial assistance may address and present any grievance in writing first to the SHEFA administrator with a copy directly to the SHEFA board. If the applicant or recipient of SHEFA financial assistance is not satisfied with the written official response from the SHEFA administration, then the applicant and recipient may appeal the decision of the SHEFA administration directly to the Chairperson of the SHEFA board within ten working days of issuance of a decision by the SHEFA administration. The appeal to the SHEFA board shall be in accordance with the Administrative Procedure Act, 1 CMC §§ 9101, et seq. To this end, all decisions made by and entered into record by the board shall be final agency decision and order on the administrative level of appeal or review process and procedure.

 

Modified, 1 CMC § 3806(e), (f).

 

History: Adopted 26 Com. Reg. 23121 (Aug. 26, 2004); Proposed 26 Com. Reg. 22797 (June 24, 2004).

 

Part 200 -       Miscellaneous Provisions

 

§ 165-20.1-201           Availability of Supplementary Financial Assistance; Effective Date

 

The rules and regulations in this subchapter governing the administration of the SHEFA financial assistance shall take effect upon its publication and adoption in accordance with the administrative procedure act.

 

Modified, 1 CMC § 3806(d), (f).

 

History: Adopted 26 Com. Reg. 23121 (Aug. 26, 2004); Proposed 26 Com. Reg. 22797 (June 24, 2004).

 

§ 165-20.1-205           Promissory Note/Memorandum of Agreement Form; Repayment Term

 

As a condition of receiving Saipan Higher Education Financial Assistance, the recipient of any type of financial assistance shall agree in writing to the terms and conditions of such financial assistance and to repay such financial assistance in accordance with Saipan Local Law No. 13-21 and any amendments thereto and the applicable rules and regulations. Said agreement shall be in writing and be in the form approved by the Board and incorporated herein as part of this regulation by reference.

 

THIS PROMISSORY NOTE/MEMORANDUM OF AGREEMENT made and entered into this__________ day of ___________, 20_____, by and between the Board of SHEFA for the Municipality of Saipan within the Office of the Mayor of Saipan and _____________________, and/or with his/her parent, _____________________, if below 18 years, hereinafter referred to as the “Debtor” at address: _______________________ (permanent & current postal address) residing in _______________ (village) of Saipan.

 

WITNESSETH

 

WHEREAS, Saipan Local Law (SLL) 13-21 established the Saipan Higher Education Financial Assistance within the Office of the Mayor of Saipan to be governed by the Saipan Higher Education Financial Assistance Board (SHEFA);

 

WHEREAS, the SHEFA Board, in administering the SHEFA fund, will enter into a legally binding and enforce- able promissory note/memorandum of agreement with a qualified and eligible resident of Saipan together with a parent, if recipient of SHEFA financial assistance is below 18 years, prior to the disbursement of any SHEFA fund. In entering into a mutually binding promissory note/ memorandum of understanding, the SHEFA Board becomes the “Lender” of record for SHEFA fund and the recipient of SHEFA financial assistance together with the parent, if recipient is below 18 years, become severally and collectively the “Debtor” of any and all type and amount of SHEFA financial assistance received and acknowledged herein pursuant to § 165-20.1-105 including:

1. Grant-in-Aid,

2. Scholarship, and

3. Loan.

 

WHEREAS, the Saipan Higher Education Financial Assistance (SHEFA) is established as a supplementary financial assistance to eligible residents of the Municipality of Saipan, inclusive of the Northern Islands who desire to pursue post-secondary education at a U.S. accredited institution of higher learning on Saipan or abroad on the condition that a recipient of SHEFA fund shall return to Saipan pursuant to SHEFA rules and regulations for purposes of employment, and to provide services to the private or public sector or both, in recognition of the need for educated citizenry and workforce on Saipan.

 

NOW, THEREFORE, in consideration of SHEFA financial assistance including grant-in-aid, scholarship and loan which recipient/debtor received and acknowledged by signing this promissory note/memorandum of understanding between the Debtor and the Lender, the Debtor agrees, covenants and represents as follows:

 

1. The Debtor is admitted to or enrolled in ___________________(name of institution, a U.S. accredited post-secondary institution of higher learning) in pursuit of a degree in _____________________(specify type of degree or e.g., A.A., B.A., M.A., PH.D., J.D., MD. etc. and field of study).

 

2. The Debtor shall utilize all financial assistance for educational expenses directly related or incidental to attendance and continued attendance at an institution of record and shall enroll in at least a minimum of 12 credits for undergraduate; full-time status as defined by the institution for graduate; and full-time status as defined by the institution for advanced standing and maintain the minimum or higher grade point average (GPA) in accordance with the SHEFA Rules and Regulations.

 

3. The Debtor shall complete the required credits at each academic term for the financial assistance received (mark one):

i. Undergraduate Full-Time:  Twelve or more credits

ii. Graduate Full-Time:          As defined by the institution

iii. Advanced Full-Time:       As defined by the institution

 

4. The Debtor shall maintain at the end of each academic term the required cumulative grade point average and term grade point average as it applies below by marking the appropriate category:

i. Undergraduate:                                2.5 Cumulative GPA

Twelve or more credits

ii. Performance-Based Scholarship:  3.5 Term GPA

                                                            Twelve or more credits for undergraduates

iii. Graduate:                                      Pass or No Pass Grading

As defined by the Institution

iv. Advanced:                                     Pass or No Pass Grading

As defined by the institution

v. Priority Field of Study:                  2.5 Cumulative GPA

vi. Loan Applicant/Recipient:                        2.5 Cumulative GPA.

 

Term refers to fall term and spring term per academic year for applicant or recipient on semester system; fall term, winter term and spring term for applicant or recipient on quarter system; winter and spring term GPA may be combined in computing the higher of the term GPA for purposes of GPA scholarship. GPA scholarship for semester term is awarded on the fall and spring semester and fall and spring for quarter term.

 

5. The Debtor shall submit a copy of his/her official grade report/transcript promptly after the conclusion of each academic term directly from the institution of record to the SHEFA Office. The grade report submittal will determine the eligibility for continued assistance on every subsequent term. Within ninety days upon matriculation from the institution of record, the Debtor shall submit a copy of his/her college degree and proof of employment on Saipan or the Northern Islands. The Debtor also fully understands and agrees to his/her legal obligations pursuant to the explicit and implicit terms and conditions set forth in this promissory note/memorandum of agreement.

 

6. The Debtor understands acknowledges and accepts the maximum duration of eligibility for financial assistance from the SHEFA fund:

2 Academic Years -    Associate Degree

4 Academic Years -    Bachelors’ Degree††

2 Academic Years -    Graduate Degree

3 Academic Years -    Advanced Degree†††

 

††maximum of five academic years for specialized majors and/or specialized certification by the institution of record.

 

†††maximum of three academic years not including summer, with a provision for up to three additional academic years for dissertation writing, dissertation defense, and internship requirements or medical degree training requirement, and up to two years for jurisprudence work or related residence internship or related training requirements.

 

7. The Debtor hereby declares that he/she is not pursuing an academic program that leads to a religious studies degree, and shall not take religion courses not specifically prescribed in the Individualized Degree Plan (IDP).

 

8. The Debtor shall agree to return to Saipan within three months after the completion of his/her degree plan or termination of or non-enrollment from the institution of record, and provide services by working on Saipan for any employer-whether in the private or public sector or both. The Debtor further agrees to perform services in the private or public sector or both on Saipan for a period equal to the period for which the Debtor received financial assistance under § 165-20.1-105(a)(b) from the Lender. The Debtor agrees to pay back twenty-five of the total amount of loan received under § 165-20.1-105(c) and a minimum of three years service to either in the private or public sector or both on Saipan. If the recipient of SHEFA financial assistance does not return back to Saipan after completion of his/her studies, or non-enrollment from school or termination from the institution of record, he/she must repay the entire debt back on all SHEFA funds received under § 165-20.1-105(a)(b)(c) with interest in accordance with this promissory note/memorandum of agreement.

 

9. The Debtor understands and hereby agrees that failure to comply with any part of sections 1-8 of this promissory note/memorandum of agreement and the SHEFA rules and regulations will constitute a material breach of the promissory note/memorandum of agreement and a default, and will require the Debtor to pay the entire award received. If such a default occurs, the Debtor must repay their entire debt to the Lender with equal monthly payments within 6 years of the default. The Debtor may repay according to any of the following repayment options as shown below.

 

Total Debt for repayment

Per Month 12 months

Per Month 24 months

Per Month 36 months

Per Month 48 months

Per Month 60 months

Per Month 72 months

$1,000 - $4,999

$84 - $417

$42 - $209

$28 - $139

$121* - $104

$17 - $84

$14 - $70

$5,000 - $9,999

$417 - $834

$209 - $417

$139 - $278

$104 - $209

$84 - $167

$70 - $139

$10,000 - $14,999

$834 - $1,250

$417 - $625

$278 - $417

$209 - $313

$167 - $250

$139 - $209

$15,000 - $19,999

$1,250 - $1,667

$625 - $834

$417 - $556

$313 - $417

$250 - $334

$209 - $278

$20,000 - $24,999

$1,667 - $2,084

$834 - $1,042

$556 - $694

$417 - $521

$334 - $417

$278 - $348

$25,000 - $29,999

$2,084 - $2,500

$1,042 - $1,250

$694 - $834

$521 - $625

$417 - $500

$348 - $417

$30,000 - $34,999

$2,500 - $2,917

$1,250 - $1,459

$834 - $973

$625 - $730

$500 - $584

$417 - $487

$35,000 - $40,999

$2,917 - $3,334

$1,459 - $1,667

$973 - $1,111

$730 - $834

$584 - $667

$487 - $556

 

* So in original; probably should be $21.

 

The Debtor must inform the Lender of which repayment schedule he or she has accepted within thirty days of the default. If the Debtor does not select a repayment schedule within thirty days, the Debtor will be deemed to have selected the “Per Month 72 Months” repayment schedule listed above. The Debtor’s first monthly payment shall be due on the first of the month following the default, but at least thirty days after the default. All subsequent payments will be due on the first of each following month until the Debtor repays the entire debt to the Lender. Note: the Debtor may pay the balance in full at any time within the schedule plan.

 

10. If the Debtor fails to pay any monthly payment, or any part of any monthly payment (“payment default”), then the whole principal sum shall become immediately due and payable at the option of the Lender, without notice, and interest shall accrue at the rate of five percent per annum on the total amount outstanding. Interest shall accrue until Debtor fully cures the payment default by paying all past due monthly payments and all accrued interest. Payments received shall be applied first to the accrued interest and then the balance thereof to the principal.

 

11. Military Deferral. The time for the Debtor to comply with the requirements of section 8, above, shall be extended upon request if the Debtor enlists in the armed forces of the United States of America. Specifically, the Debtor’s obligation to comply with the requirements of section 8 shall be deferred, upon request, until the Debtor’s service in the armed forces ends. The Debtor may take advantage of this deferral for a maximum of three years after the termination or completion of his/her degree plan or non-enrollment from an institution of higher education of record. Once the Debtor’s service in the armed forces ends or three years passes from the termination or completion of his/her degree plan or non-enrollment from institution of higher education of record, whichever event occurs first, the Debtor shall have to comply with the requirements of section 8. All deferrals granted under this section are not valid unless approved in writing by SHEFA. The Debtor must renew his or her deferral annually.

 

12. In the event of commencement of suit to enforce payment of this promissory note/memorandum of agreement, the undersigned agree(s) to pay the Lender for attorney’s fees as the Court in the Commonwealth of the Northern Mariana Islands may deem reasonable.

 

13. The recipient of SHEFA financial assistance together with the parent, if applicant is below 18 years, fully understands and agrees that compliance with the provisions in this promissory note/memorandum of agreement and all provisions of the SHEFA rules and regulations shall constitute a condition for any and all financial assistance herein by SHEFA as hereby acknowledged and attested to by both the recipient and parent, if recipient is below 18 years. Moreover, this agreement shall authorize SHEFA to request and obtain any and all necessary information from other agencies related to the application for financial assistance, and shall further authorize the SHEFA Office to provide essential information and data such as resume, diploma, or degree name and contact mailing, or e-mail addresses to potential employer(s) on Saipan including posting such information and data on SHEFA’s website or its affiliate on Saipan.

 

14. The parties agree that the courts of the Commonwealth of the Northern Mariana Islands (Superior Court and Supreme Court) shall have exclusive jurisdiction over any action involving this promissory note/memorandum of agreement.

 

This agreement shall be interpreted using the laws of the Commonwealth of the Northern Mariana Islands.

 

IN WITNESS WHEREOF, the recipient (Debtor) and/or parent, if recipient is below 18 years, have hereunto set his/her or their hand(s) on the date first above written.

______________________________            ___________

Print Recipient Name / Signature                  Date

____________________________                ___________

Print Parent Name / Signature,                      Date

if Recipient is below 18 yrs.

 

NOTARY PUBLIC:

On this _____day of 20___, before me appeared ________________ and (recipient parent, if recipient is below 18 years), who executed the agreement contained herein, and duly acknowledged to me that he/she and parent, if recipient is below 18 years, executed the same freely and voluntarily for the uses and purposes therein mentioned.

 

_________________________

Notary Public (Print & Sign)

 

My Commission expires: _____________________

 

For SHEFA:

____________________________    __________

Chairman, Board of SHEFA              Date

 

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

 

History: Amdts Adopted 35 Com. Reg. 34583 (Nov. 28, 2013); Amdts Proposed 35 Com. Reg. 33795 (July 28, 2013); Amdts Adopted 33 Com. Reg. 31916 (Sept. 26, 2011); Amdts Proposed 33 Com. Reg. 31761 (July 22, 2011); Amdts Adopted 29 Com. Reg. 26516 (May 16, 2007); Amdts Proposed 28 Com. Reg. 26376 (Dec. 29, 2006); Adopted 26 Com. Reg. 23121 (Aug. 26, 2004); Proposed 26 Com. Reg. 22797 (June 24, 2004).

 

Commission Comment: The Commission changed “maintains” to “maintain” in section 2 of the promissory note. In section 8 of the promissory note, the Commission added “percent” after “twenty five.” The Commission changed “understand” to “understands”, “agree” to “agrees” and “Debtor(s)’s first monthly payment” to the “Debtor’s first monthly payment” in section 9 of the promissory note. In the second to last sentence in section 9, the Commission changed “repay” to “repays.”

 

The Commission deleted “of” before “any part” in section 10 of the promissory note. The Commission changed “enlist” to “enlists” and changed “degree play” to “degree plan” in section 11 and deleted “to” before “the Lender” in section 12. In the notary public section, the Commission changed “acknowledge” to “acknowledged.”

 

The May 2007 amendments changed the title and made numerous changes throughout this section. The 2011 amendments amended sections 2 through 4 of the promissory note. The 2013 amendments amended sections 2 and 4 of the promissory note.

 

§ 165-20.1-210           Career Counseling and Guidance & College Life Orientation

 

All new applicants to the SHEFA fund must undergo a career orientation, assessment, and counseling and guidance as a condition to receiving any financial assistance at the outset. SHEFA will coordinate the career sessions with participating government agencies, including the schools on Saipan. An orientation to college life is also a prerequisite to receiving SHEFA assistance. Both the career counseling and college life orientation must be undertaken on island prior to check disbursement, unless authorized in advanced to do so in writing by SHEFA at a location or institution acceptable to SHEFA.

 

History: Adopted 26 Com. Reg. 23121 (Aug. 26, 2004); Proposed 26 Com. Reg. 22797 (June 24, 2004).

 

§ 165-20.1-215           Notification to SHEFA Board

 

Any recipient of SHEFA financial assistance who withdraws or drops out of any class or on less-than-full-time status must immediately notify the SHEFA board in writing, as a change in status may affect future financial assistance. Failure to inform the SHEFA board may be deemed as a material breach of the SHEFA rules and regulations, and more specifically section § 165-20.1-130. A change in a field of study must be immediately reported in writing to the SHEFA board with reasons for the change, especially for SHEFA recipients having a declared major in the SHEFA priority field of study and/or admitted by the institution of record into the program field of study. Under no circumstances will any applicant or recipient of SHEFA funds be authorized to satisfy any fulltime status and G.P.A. requirements of SHEFA with any remedial course, except on account of a requirement by the institution of record based on a placement test. This exception on non-acceptance of remedial courses is limited to two academic years for freshmen and sophomores only for English and math. Any recipient of performance-based scholarship assistance is not authorized to take any remedial or repeated courses at all. Use of SHEFA financial assistance is strictly for on-campus study requiring student residency.

 

Modified, 1 CMC § 3806(c), (e), (f).

 

History: Amdts Adopted 35 Com. Reg. 34583 (Nov. 28, 2013); Amdts Proposed 35 Com. Reg. 33795 (July 28, 2013); Amdts Adopted 30 Com. Reg. 29099 (Dec. 22, 2008); Amdts Proposed 30 Com. Reg. 28737 (Sept. 25, 2008); Adopted 26 Com. Reg. 23121 (Aug. 26, 2004); Proposed 26 Com. Reg. 22797 (June 24, 2004).

 

§ 165-20.1-220           SHEFA Application Form; Terms

 

(a)       Incorporated as part of this subchapter governing the SHEFA financial assistance is the SHEFA Application Form for both new applicants and on-going applicants. No application, either new or on-going, for SHEFA financial assistance, will be received, considered or reviewed by SHEFA unless the application is completed, signed and accompanied by all required documents in support of the application. The required documents include, but are not limited to information indicated on the application form and/or by other written directive or public announcement. Effective spring 2013, applicants and previous recipients may submit a one-time application and promissory note/memorandum of agreement. Students are responsible to provide accurate substantial/significant information regarding their current data. Falsification of information of document will be submitted to the Office of the Attorney General for legal action.

 

(b)       The words and terms used in this subchapter shall have the meanings indicated and shall include the plural unless the context clearly indicates otherwise. The definitions herein provided shall supplement the definitions provided in Saipan Local Law 13-21.

 

(c)       “U.S. accredited institution of higher education/learning” means an institution of higher learning which has the approval of the United States Department of Education. Such institution may be located in the United States of America, its commonwealths, possessions or territories or in foreign countries.

 

(d)       “Institution of record” means the U.S. accredited institution of higher education/learning from which the SHEFA applicant or recipient is seeking a degree and which the SHEFA applicant or recipient has identified in the application for financial assistance and/or the promissory note and memorandum of agreement between SHEFA and the recipient of financial assistance.

 

(e)       “Full-time status” means the registration and enrollment at the student’s institution of record from the beginning and throughout the entire academic period (i.e., semester or quarter term) for which SHEFA financial aid is provided and shall require the following:

(1)       Undergraduate degree students: twelve semester or quarter credits taken concurrently throughout an entire academic term i.e., fall semester, fall quarter, spring semester or spring or winter quarter;

(2)       Graduate degree and advanced degree students: Given amount of credits as defined by the institution as full-time taken concurrently throughout an entire academic term i.e., fall semester fall quarter, spring semester, or spring or winter quarter, unless the student is working on a dissertation, engaged in a mandatory internship required by the program, or engaged in other related required fieldwork or studies outside of a formal didactic setting; and

(3)       Sequential class program: students enrolled in degree program in a U.S. accredited institution of higher learning that provides classes on a sequential instead of on a concurrent basis may be considered in full-time status and be eligible for financial assistance on a pro rata basis depending on the number of credit hours in which the student is enrolled at a given term (i.e., fall semester/quarter or winter/spring semester/quarter).

(4)       Provided, however, that no credit shall be counted toward full-time status for a class from which the student withdraws, for a religion course (unless it is a mandatory prerequisite for a program major field of study or general education requirement) for repetition of a class (regardless whether credit has previously been counted); for audit of a class; for a class for which the student receives a grade of incomplete; for a class for which the student receives a failing grade; or for a class unrelated to a declared field of study and not included in the student’s individualized degree plan (IDP).

(5)       Provided further that, in the event a student does not meet the requirement of full-time status because of withdrawal from a class or because of receiving a grade of incomplete or failing grade, the student shall immediately cure the credit deficiency the following semester by taking and completing sufficient credits to constitute full-time status plus credits sufficient to make up the credit deficiency during the previous fall or spring semester/quarter. A repeat course is in addition to a full-time status and not counted toward full-time status.

 

(f)        “Cumulative grade point average” (“GPA”) means the cumulative grade point average at the student’s institution of record as determined by the student’s institution of record; and, if the student has not yet attended the student’s institution of record then the cumulative grade point average at the US accredited institution of higher education/learning last and most recently attended by the student as determined by that institution; and, if the student has not yet attended a US accredited institution of higher education/learning then the cumulative grade point average at the high school from which the student graduated. In other words, cumulative grade point average means the student’s cumulative grade point average at the student’s most recent and latest institution of learning, regardless of any grade point average previously attained in any other institute of higher learning.

 

(g)       “Minimum grade point average” means the cumulative or term grade point average required to be attained prior to receiving Saipan higher education financial assistance and required to be attained at the end of each academic period for which Saipan higher education financial assistance has been provided. The minimum grade point average required is to meet the following:

(1)       Undergraduate students: 2.5 cumulative GPA;

(2)       Performance-based scholarship students 3.5 Term GPA;

(3)       Graduate and advanced students: Pass or No Pass Grading;

(4)       Priority field of study students: 2.5 cumulative GPA; and

(5)       Loan students: 2.5 cumulative GPA.

 

Term refers to fall term and spring term per academic year for applicant or recipient on semester system; fall term, winter term and spring term for applicant or recipient on quarter system; winter and spring term GPA may be com- bined in computing the higher of the term GPA for purposes of GPA scholarship. GPA scholarship for semester term is awarded on the fall and spring semester and fall and spring for quarter term.

 

(h)       “Residence” means that place where that person has lived on account of birth, parental residence or established (i.e., not casual) physical dwelling on Saipan or the Northern Islands, which that person makes Saipan or the Northern Islands home by credible and verifiable information or data.

(1)       As a legitimate, established and bona fide resident the individual and/or parent for and on whom the individual is economically dependent for financial support and is in fact claimed by either or both parent(s) as a dependent regularly files taxes at his/her place of residence; maintains an established street and/or postal address home telephone number and a Saipan driver’s license, including but not limited to maintaining affiliation with recognized and identifiable professional, religious or fraternal life or association at his/her place of residence and registered to vote and has in fact exercised the right to vote on Saipan or the Northern Islands.

(2)       Moreover residency as operationally applied by SHEFA is a place where a person’s presence or residence is well established beyond mere physical presence on Saipan or the Northern Islands. It is not transitory residence in nature, in fact or in deed. A person’s presence or residence is not on account of a temporary absence from his/her other established or legitimate residence elsewhere in the Commonwealth or outside of the Commonwealth either on a short-term or long-term basis, or whose presence on Saipan or the Northern Islands is for other temporary purposes such as private or public employment, school, medical, or other temporary needs temporary permit or guest or any other acts or intent, where a person’s presence or residence on Saipan or the Northern Islands is deemed unequivocal or raises a specter of reasonable doubt and more than a casual presence, and thus makes Saipan or the Northern Islands home.

(3)       Also, the person’s presence or residence on Saipan or the Northern Islands is not on account of a person for and on whom he/she is economically dependent on for financial support (i.e. more than half of his/her support from parent(s)) and/or claimed as a dependent on tax filing.

 

(i)        “Individualized Degree Plan (I.D.P.)” means a prescribed course of study by major field of study of an institution delineating the core course requirements, electives, field work and thesis or dissertation requirements which leads to a degree within a prescribed timeframe for matriculation.

 

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

 

History: Amdts Adopted 35 Com. Reg. 34583 (Nov. 28, 2013); Amdts Proposed 35 Com. Reg. 33795 (July 28, 2013); Amdts Adopted 33 Com. Reg. 31916 (Sept. 26, 2011); Amdts Proposed 33 Com. Reg. 31761 (July 22, 2011); Amdts Adopted 29 Com. Reg. 26516 (May 16, 2007); Amdts Proposed 28 Com. Reg. 26376 (Dec. 29, 2006); Adopted 26 Com. Reg. 23121 (Aug. 26, 2004); Proposed 26 Com. Reg. 22797 (June 24, 2004).

 

Commission Comment: The Commission inserted “are” in “but not limited to” in the final sentence of subsection (a) to correct a manifest error. The Commission inserted the commas after “fall semester” and “fall quarter” in subsection (e)(1). The Commission changed “institute” to “institution” in subsections (e)(3) and (f) and changed “a credible” to “credible” in subsection (h). In the note after subsection (g), the Commission inserted a comma between “fall term” and “winter term.”

 

The Commission inserted a comma between “birth” and “parental residence” in subsection (h). The Commission inserted a comma between “postal address” and “home telephone” in subsection (h)(1). The Commission inserted a semi-colon between “place of residence” and “and registered” in subsection (h)(1). The Commission inserted a comma between “temporary needs” and “temporary permit” in subsection (h)(2).

 

The Commission designated paragraphs (e)(4) and (e)(5) and (h)(1)-(3).

 

The May 2007 amendments changed the title and subsection (a) and added subsections (b)-(i). The 2011 amendments amended subsections (e)(2) and (e)(4). The 2013 amendments amended subsections (a), (e)(2), and (g)(3).

 

§ 165-20.1-225           Welcome Home; Your Expected Return to Saipan

 

Within three months of a successful completion or thirty days of termination or non-enrollment from the institution of record, whichever event occurs first, the recipient of financial assistance from the SHEFA fund is required to return to Saipan for employment and/or to provide services in the private or public sector, in recognition of the need for educated citizenry and workforce on Saipan.

 

Modified, 1 CMC § 3806(e).

 

History: Adopted 26 Com. Reg. 23121 (Aug. 26, 2004); Proposed 26 Com. Reg. 22797 (June 24, 2004).


 

CHAPTER 165-30

SAIPAN ZONING BOARD

 

SUBCHAPTER 165-30.1

COMMONWEALTH ZONING BOARD REGULATIONS

 


Part 001          General Provisions

§ 165-30.1-001           Purpose

§ 165-30.1-005           Authority

§ 165-30.1-010           Numbering and Headings

§ 165-30.1-015           Scope

§ 165-30.1-020           Seal

§ 165-30.1-025           Principal Office

§ 165-30.1-030           Organization and Membership

§ 165-30.1-035           Conflicts of Interest

§ 165-30.1-040           Powers and Duties

§ 165-30.1-045           Decisions as Orders

§ 165-30.1-050           Internal Administration

§ 165-30.1-055           Definitions

§ 165-30.1-060           Notices and Mailings

 

Part 100          Meetings

§ 165-30.1-101           In General

§ 165-30.1-105           Time and Frequency

§ 165-30.1-110           Location

§ 165-30.1-115           Calling a Meeting

§ 165-30.1-120           Types of Meetings

§ 165-30.1-125           Accessibility

§ 165-30.1-130           Meeting Rules

 

Part 200          Practice and Procedure [Reserved]

 

Part 300          Fees, Charges, and Assessments

§ 165-30.1-301           Fees for Zoning Permits and Actions and Other Services

Table 300-1                Zoning Fees

 

Part 400          Wind Energy Systems [Removed]

§ 165-30.1-401           [Removed]

§ 165-30.1-405           [Removed]

§ 165-30.1-410           [Removed]

 

Part 500          Adult Businesses [Repealed]

§ 165-30.1-501           [Reserved]

 

Part 600          [Reserved]

 

Part 700          [Reserved]

 

Part 800          [Reserved]

 

Part 900          Miscellaneous Provisions

§ 165-30.1-901           Severability

§ 165-30.1-905           Effective Date


 

Subchapter Authority: 2 CMC §§ 7201-7255; 10 CMC §§ 3511-3517.

 

Subchapter History: Certified and Adopted 37 Com. Reg. 36931 (Sept. 28, 2015), *Amdts Adopted 37 Com. Reg. 36783 (July 30, 2015); Amdts Proposed 37 Com. Reg. 36555 (May 28, 2015); Amdts Proposed 37 Com. Reg. 36395 (Apr. 28, 2015); Amdts Adopted 30 Com. Reg. 28747 (Sept. 25, 2008); Amdts Proposed 30 Com. Reg. 28563 (July 28, 2008); Amdts Adopted 30 Com. Reg. 28136 (Jan. 22, 2008); Amdts Emergency 29 Com. Reg. 26502 (Apr. 16, 2007) (effective for 120 days from March 14, 2007); Amdts Proposed 29 Com. Reg. 26462 (Mar. 15, 2007); Adopted 28 Com. Reg. 25523 (Feb. 28, 2006); Proposed 27 Com. Reg. 25256 (Nov. 25, 2005).

 

Commission Comment: The Commission changed the title of part 001, “General Regulations,” to “General Provisions” and the title of part 900, “Other,” to “Miscellaneous Provisions” in this subchapter.

 

PL 6-32 (effective June 27, 1989), codified as amended at 2 CMC §§ 7201-7255, contains the Commonwealth of the Northern Mariana Islands zoning code. The zoning code established a Commonwealth Zoning Board to prepare for review and adoption by the legislature, and to administer, subsequent to enactment, a land use and zoning system in the Commonwealth. See 2 CMC § 7211(d); 2 CMC § 7221(c). 2 CMC § 7221(d) authorizes the Zoning Board to promulgate regulations to carry out the intent and purposes of the zoning code.

 

Saipan Local Law 8-7 (effective Apr. 29, 1993), codified at 10 CMC §§ 3511-3517, approved the Saipan Zoning Law pursuant to 2 CMC § 7221(c)(4). Saipan Local Law 9-1 (effective Aug. 15, 1994) suspended Saipan Local Law 8-7. See Saipan LL 9-1 § 1; see also the Commission comment to 10 CMC § 3511. According to Saipan LL 9-1 § 2: “All employees and equipment of the Zoning Board shall be transferred to the Office of Coastal Resource Management together with the appropriations relative to their positions.”

 

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 §§ 104 and 306(c):

 

Section 104. Department of Lands and Natural Resources.

 

The Department of Natural Resources is re-designated the Department of Lands and Natural Resources.

 

Section 306. Department of Lands and Natural Resources.

(c) Zoning Board. The Zoning Board is abolished and, except as provided in Section 401(c) of this plan, its functions transferred to a Division of Zoning in the Department of Lands and Natural Resources, which shall have at its head a Director of Zoning. The Zoning Board of Rota, established by [Rota LL 8-2], is not affected by this subsection.

 

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

 

In 1997, the Legislature passed the “Public Lands and Natural Resources Administration Act of 1997,” PL 10-57 (effective Apr. 18, 1997), codified as amended at 1 CMC §§ 2651-2691. PL 10- 57 repealed and reenacted chapter 13, division 2 of title 1 of the Commonwealth Code, 1 CMC §§ 2651, et seq., and statutorily established the Department of Lands and Natural Resources (DLNR) with the structure, duties and responsibilities set forth in the act. See 1 CMC § 2651 and the Commission comment thereto. PL 10-57 § 4 vacated Executive Order 94-3 § 306. PL 10-57 § 3, enacted a new article 5, entitled “Division of Zoning,” in title 1, div. 2 of the Commonwealth Code, codified as amended at 1 CMC § 2691. 1 CMC § 2691(d) directs the Secretary of DLNR to submit to the Governor recommendations for a simplified system of zoning for the third senatorial district.

 

Attorney General Opinion 04-07 (issued Mar. 11, 2004), reprinted at 26 Com. Reg. 22213-22222 (Mar. 23, 2004), concluded that the suspension of the Saipan Zoning Law in Saipan Local Law 9-1 is invalid because the third senatorial district delegation lacked the authority to enact such a suspension. Attorney General Opinion 04-07 found that the Saipan Zoning Law created pursuant to 2 CMC §§ 7201-7255, and approved pursuant to Saipan Local Law 8-7 is still in force.

 

For more information regarding zoning and regulations see NMIAC chapter 85-80.

 

Executive Order No. 2006-06, entitled “Zoning Board Reorganization Plan No. 1 of 2006,” was issued on August 7, 2006. EO 2006-06 established the Zoning Board as an independent regulatory agency with members appointed by the Governor. EO 2006-06 transferred the Zoning Board from DLNR to the Office of the Governor for administration and coordination.

 

Saipan Local Law 15-22, the “Saipan Adult Entertainment Business Zoning Act of 2007” (effective August 7, 2007) amended Saipan Local Law 8-7 to include, among other things, restrictions on the location of adult businesses. SLL 15-22 provides the Zoning Board with the authority to establish, by regulation, districts for the operation of adult businesses.

 

Saipan Local Law 15-29 (effective Feb. 1, 2008) repealed the Saipan Zoning Law of 1993 in its entirety and enacted the Saipan Zoning Law of 2007, codified at 10 CMC § 3511 et seq. Saipan Local Law 16-06 (effective Dec. 5, 2008) repealed SLL 15-19 and enacted the Saipan Zoning Law of 2008, codified at 10 CMC § 3511 et seq. SLL 16-06 was subsequently amended by Saipan Local Law 17-2 (effective June 17, 2010). Not all of these regulations have been updated the changes made by SLL 16-06 and SLL 17-2. To the extent that these regulations conflict with SLL 16-06 or SLL 17-2, they are superseded.

 

The 2008 amendments to these regulations changed the name of this and subchapter from “Saipan Zoning Board Regulations” to “Commonwealth Zoning Board Regulations.”

 

* In July 2015 the Zoning Board purported to adopt amendments proposed in the April 2015 register. 37 Com. Reg. 36395 (Apr. 28, 2015). The text of the proposed regulations were not published in the April 2015 register, but were later republished in the May 2015 register. 37 Com. Reg. 36555 (May 28, 2015). The Zoning Board included the entirety of subchapter 30.1 in its proposed amended regulations, and thus were codified by the Commission as amendments.

 

Part 001 -       General Provisions

 

§ 165-30.1-001           Purpose

 

The regulations in this subchapter describe the organization, powers, duties, and operations of the Commonwealth Zoning Board. They also provide the rules of procedure required in 2 CMC § 7221(j)(2).

 

History: *Amdts Adopted 37 Com. Reg. 36783 (July 28, 2015); Amdts Proposed 37 Com. Reg. 36555 (May 28, 2015); Amdts Proposed 37 Com. Reg. 36395 (Apr. 28, 2015); Adopted 28 Com. Reg. 25523 (Feb. 28, 2006); Proposed 27 Com. Reg. 25256 (Nov. 25, 2005).

 

Commission Comment: The Commission changed the title of part 001, “General Regulations,” to “General Provisions.” The Commission inserted a comma after the word “duties” pursuant to 1 CMC § 3806(g).

 

* In July 2015 the Zoning Board purported to adopt amendments proposed in the April 2015 register. 37 Com. Reg. 36395 (Apr. 28, 2015). The text of the proposed regulations were not published in the April 2015 register, but were later republished in the May 2015 register. 37 Com. Reg. 36555 (May 28, 2015). The Zoning Board included the entirety of subchapter 30.1 in its proposed amended regulations, and thus were codified by the Commission as amendments.

 

§ 165-30.1-005           Authority

 

(a)             The regulations in this subchapter are promulgated pursuant to PL 6-32, § 1(d), as amended, 2 CMC § 7221(d) (Zoning Board: Regulations.), and 1 CMC § 9908(a) (times and places of meeting). See also 10 CMC § 3511 Section 309 Zoning Board.

 

(b)            Authority lies in: PL 6-32 (effective June 27, 1989), the “Zoning Code of the Commonwealth of the Northern Mariana Islands.” PL 6-32 § 1; 2 CMC § 7201. The zoning code is codified at 2 CMC §§ 7201, et seq. and creates the Zoning Board. PL 6-32 § 1(a), as amended by PL 7-41, § 2, and modified; and by PL 8-10, §§ 3, 4, 5. (Source: LRC Comment to 2 CMC § 7221.) The Saipan Zoning Law is 10 CMC §3511 and the Zoning Map.

 

(c)             The zoning code empowers the Board to regulate all zoning in the Commonwealth and administer its provisions. PL 6-32 § 1(b) and (c), 2 CMC § 7221(b) and (c).

 

Modified, 1 CMC § 3806(d), (f).

 

History: *Amdts Adopted 37 Com. Reg. 36783 (July 28, 2015); Amdts Proposed 37 Com. Reg. 36555 (May 28, 2015); Amdts Proposed 37 Com. Reg. 36395 (Apr. 28, 2015); Amdts Adopted 30 Com. Reg. 28747 (Sept. 25, 2008); Amdts Proposed 30 Com. Reg. 28563 (July 28, 2008); Adopted 28 Com. Reg. 25523 (Feb. 28, 2006); Proposed 27 Com. Reg. 25256 (Nov. 25, 2005).

 

*See Commission Comment to § 165-30.1-001 regarding the July 2015 amendments.

 

Commission Comment: The 2008 amendments corrected cross-references and struck former subsection (d).

 

§ 165-30.1-010           Numbering and Headings

 

The regulations in this subchapter are organized as follows:

 

(a)             There is a “table of contents”, which summarizes the provisions. There are headings for each part and section. There are also citations and comments to statutes in brackets. The table of contents, headings and citations, and comments are not part of the regulations in this subchapter, and are placed in this subchapter for the convenience of the reader. When in doubt as to meaning, the reader should look to the text and not to the heading, citation, or comment. Exception: the heading for a definition is part of the definition.

 

(b)            There are outline divisions to the regulations, as follows:

(1)            There are “parts”, like this part 100.

(2)            Each part may be divided into “sections,” like section 1.03.

(3)            Each section may be divided into subsections, then paragraphs, and subparagraphs, and so forth, each indicated by double parentheses, like section 1.03, subsection (a), paragraph (1), subparagraph (i), sub-subparagraph (A).

(4)            Further divisions may be provided after/below outline level “(A)” in single parentheses, like 1), then a), then i), and A).

 

(c)             There may be annexes containing graphic or other detailed material. Each annex may be divided into sections, subsections, paragraphs, and subparagraphs.

 

Modified, 1 CMC § 3806(d), (f).

 

History: *Amdts Adopted 37 Com. Reg. 36783 (July 28, 2015); Amdts Proposed 37 Com. Reg. 36555 (May 28, 2015); Amdts Proposed 37 Com. Reg. 36395 (Apr. 28, 2015); Adopted 28 Com. Reg. 25523 (Feb. 28, 2006); Proposed 27 Com. Reg. 25256 (Nov. 25, 2005).

 

*See Commission Comment to § 165-30.1-001 regarding the July 2015 amendments.

 

Commission Comment: The Commission inserted commas after the words “citation” in subsection (a) and “paragraphs” in subsection (c) pursuant to 1 CMC § 3806(g).

 

 

§ 165-30.1-015           Scope

 

The regulations in this subchapter shall apply to all matters before the Board.

 

Modified, 1 CMC § 3806(d), (f).

 

History: *Amdts Adopted 37 Com. Reg. 36783 (July 28, 2015); Amdts Proposed 37 Com. Reg. 36555 (May 28, 2015); Amdts Proposed 37 Com. Reg. 36395 (Apr. 28, 2015); Adopted 28 Com. Reg. 25523 (Feb. 28, 2006); Proposed 27 Com. Reg. 25256 (Nov. 25, 2005).

 

*See Commission Comment to § 165-30.1-001 regarding the July 2015 amendments.

 

§ 165-30.1-020           Seal

 

The official seal of the Board is a vignette of the official flag of the Commonwealth surrounded by the words “Commonwealth Zoning Board.”

 

History: *Amdts Adopted 37 Com. Reg. 36783 (July 28, 2015); Amdts Proposed 37 Com. Reg. 36555 (May 28, 2015); Amdts Proposed 37 Com. Reg. 36395 (Apr. 28, 2015); Adopted 28 Com. Reg. 25523 (Feb. 28, 2006); Proposed 27 Com. Reg. 25256 (Nov. 25, 2005).

 

*See Commission Comment to § 165-30.1-001 regarding the July 2015 amendments.

 

§ 165-30.1-025           Principal Office

 

The principal office of the Board shall be at such place as the Board shall designate by resolution.

 

History: *Amdts Adopted 37 Com. Reg. 36783 (July 28, 2015); Amdts Proposed 37 Com. Reg. 36555 (May 28, 2015); Amdts Proposed 37 Com. Reg. 36395 (Apr. 28, 2015); Amdts Adopted 30 Com. Reg. 28747 (Sept. 25, 2008); Amdts Proposed 30 Com. Reg. 28563 (July 28, 2008); Adopted 28 Com. Reg. 25523 (Feb. 28, 2006); Proposed 27 Com. Reg. 25256 (Nov. 25, 2005).

 

*See Commission Comment to § 165-30.1-001 regarding the July 2015 amendments.

 

§ 165-30.1-030           Organization and Membership

 

(a)       Officers.

(1)       Chair.

(i)        A chairman or chairwoman (“chair”) shall be elected by a majority vote of the Board each December for a term of one year from January to December. S/he is eligible for re-election without limitation.

(ii)       The chair shall preside over all meetings and hearings, appoint such committees as directed by the Board, and shall affix his/her signature in the name of the Board.

(iii)      The chair shall serve as the Board’s expenditure authority for the purposes of signing checks, receiving funds, and making deposits. The chair may, with the Board’s approval, delegate some or all of this authority to the zoning administrator.

(2)       Vice-chair.

(i)        A vice-chair shall be elected annually by a majority vote of the Board in the month of December for a term of one year. S/he is eligible for re-election without limitation.

(ii)       The vice-chair shall preside as acting chair in the absence of the chair and shall have the full powers of the chair on matters that come before the Board during the absence of the chair.

(3)       Secretary.

(i)        A secretary shall be elected annually by a majority vote of the Board in the month of December for a term of one year. S/he is eligible for reelection without limitation.

(ii)       The secretary shall preside as acting chair in the absence of the chair and vice-chair, and shall have the full powers of the chair on matters that come before the Board during such absence.

(iii)      The secretary shall be responsible for the recording of minutes, publishing of notices, and maintenance of the books and records of the Board. The secretary shall sign all orders and other decisions on which the Board’s signature is required.

(4)       Treasurer.

(i)        The Board may elect a treasurer annually by majority vote in the month of December for a term of one year. S/he is eligible for re-election without limitation.

(ii)       The treasurer shall be responsible for the maintenance of the Board’s accounts and the reporting and auditing of the Board’s funds. If there is no treasurer, the secretary shall be given this responsibility.

 

(b)       Committees.

(1)       The Board may provide by resolution for standing and ad hoc committees.

(2)       Once a committee is designated, the chair shall appoint the members.

(3)       The chair may provide for and appoint the members of ad hoc committees.

 

(c)       Removal of Members.

(1)       A member may be removed by a majority vote of the Board for breach of fiduciary duty or for an intentional violation of conflict of interest prohibitions, as provided in the zoning code (2 CMC § 7221(i)).

(2)       Such a member shall be brought promptly before the Board for a vote of the members.

(3)       The chair shall give such a member prior notice and an opportunity to defend him/herself before the Board.

(4)       The chair shall notify the Governor if any member has been absent in any 12 month period from more than 50 percent of, or from three consecutive, duly noticed, regular meetings, unless such absence is the result of a documented health problem (2 CMC § 7221(i)).

 

Modified, 1 CMC § 3806(f), (g).

 

History: *Amdts Adopted 37 Com. Reg. 36783 (July 28, 2015); Amdts Proposed 37 Com. Reg. 36555 (May 28, 2015); Amdts Proposed 37 Com. Reg. 36395 (Apr. 28, 2015); Adopted 28 Com. Reg. 25523 (Feb. 28, 2006); Proposed 27 Com. Reg. 25256 (Nov. 25, 2005).

 

*See Commission Comment to § 165-30.1-001 regarding the July 2015 amendments.

 

Commission Comment: The Commission changed “shall be brought promptly brought” to “shall be brought promptly” to correct a manifest error in subsection (c)(2). The Commission inserted commas after the words “Board” in subsection (a)(1)(ii) and “notices” in subsection (a)(3)(iii) pursuant to 1 CMC § 3806(g).

 

§ 165-30.1-035           Conflicts of Interest

 

Any Zoning Board member, staff, or consultant having a personal or financial interest in any official proceeding of the Board, or a familial relationship to the second degree of consanguinity, or any familial relationship that may influence or may appear to influence any party to a proceeding or decision, shall disqualify himself or herself from officially hearing or ruling in the proceeding or decision (2 CMC § 7254(c)).

 

History: *Amdts Adopted 37 Com. Reg. 36783 (July 28, 2015); Amdts Proposed 37 Com. Reg. 36555 (May 28, 2015); Amdts Proposed 37 Com. Reg. 36395 (Apr. 28, 2015); Adopted 28 Com. Reg. 25523 (Feb. 28, 2006); Proposed 27 Com. Reg. 25256 (Nov. 25, 2005).

 

*See Commission Comment to § 165-30.1-001 regarding the July 2015 amendments.

 

Commission Comment: *See Commission Comment to § 165-30.1-001 regarding the July 2015 amendments.

 

§ 165-30.1-040           Powers and Duties

 

(a)             Specific powers. The Board shall have all powers provided it by law to ensure compliance with the requirements of the regulations in this subchapter, including:

(1)            Inspection at reasonable times;

(2)            Use of or entry upon private land;

(3)            Giving of notices;

(4)            Granting of permits;

(5)            Conduct of hearings and issuance of orders; and

(6)            Levying of fines, penalties and suspension and/or revoking of permits.

 

(b)            Enforcement and delegation of power. The regulations in this subchapter shall be read to authorize their enforcement by the Board, by the zoning administrator, and by any other instrumentality of CNMI government, including, the office of a mayor, as provided by the Board’s written designation.

 

(c)             Public safety. The Board may request the assistance of the Department of Public Safety in enforcing the provisions of the regulations in this subchapter and/or protecting the public health, safety, and welfare with respect to them.

 

(d)            Zoning administrator. The Board may employ a zoning administrator, as provided by statute (2 CMC § 7222).

(1)            Form. The Board, may, by agreement, provide for an instrumentality of the CNMI Government to provide the services of the administrator, subject to statutory qualifications.

(2)            Duties and responsibilities.

(i)              The administrator shall have the duties provided by statute:

(A)           To act as staff to the Board;

(B)           To maintain and keep custody of the dockets, files, and records of the Board;

(C)           To prepare and maintain all necessary land use and zoning maps; and

(D)           To carry out the Board’s directives (2 CMC § 7222(b)).

(ii)            The administrator shall have the following additional duties:

(A)           Negotiate and administer contracts and other agreements;

(B)           Receive and collect fees, gifts, appropriations, and other funds;

(C)           Manage the day-to-day affairs of the Board;

(D)           Hire and supervise staff and consultants;

(E)            Sign checks, as authorized by the Board;

(F)            Take part in contested case proceedings as a party;

(G)           Sue and defend lawsuits on the Board’s behalf;

(H)           Enforce compliance with the zoning code and the zoning law.

(3)            Consultants and employees. The administrator may employ and/or retain executive staff, in-house and consulting attorneys, planners, engineers, architects, and other experts, consultants, secretaries, office clerks, and other personnel as it may deem necessary to carry out the provisions of the zoning code and the zoning law and/or to perform the duties and exercise the powers conferred by law upon the Zoning Board.

(4)            The administrator may negotiate with and provide for such persons’ and/or their firms’ compensation and other payment.

 

Modified, 1 CMC § 3806(d), (f).

 

History: *Amdts Adopted 37 Com. Reg. 36783 (July 28, 2015); Amdts Proposed 37 Com. Reg. 36555 (May 28, 2015); Amdts Proposed 37 Com. Reg. 36395 (Apr. 28, 2015); Adopted 28 Com. Reg. 25523 (Feb. 28, 2006); Proposed 27 Com. Reg. 25256 (Nov. 25, 2005).

 

*See Commission Comment to § 165-30.1-001 regarding the July 2015 amendments.

 

Commission Comment: The Commission inserted commas after the words “safety” in subsection (c), “files” in subsection (d)(2)(i)(B), “appropriation” in subsection (d)(2)(ii)(B), and “clerks” in subsection (d)(3) pursuant to 1 CMC § 3806(g).

 

§ 165-30.1-045           Decisions as Orders

 

(a)       The Board shall issue its decisions whenever practicable as orders, which shall be titled and numbered, signed by the Secretary and indicate votes by the Board.

 

(b)       The administrator shall whenever practicable issue his/her decisions as orders, which shall be titled, numbered and signed.

 

(c)       The Board’s decisions shall ordinarily be those of the majority of the members transacting business. A majority of the Board members is required to transact official business. (2 CMC § 7221(j)(2)).

 

Modified, 1 CMC § 3806(f).

 

History: *Amdts Adopted 37 Com. Reg. 36783 (July 28, 2015); Amdts Proposed 37 Com. Reg. 36555 (May 28, 2015); Amdts Proposed 37 Com. Reg. 36395 (Apr. 28, 2015); Adopted 28 Com. Reg. 25523 (Feb. 28, 2006); Proposed 27 Com. Reg. 25256 (Nov. 25, 2005).

 

*See Commission Comment to § 165-30.1-001 regarding the July 2015 amendments.

 

§ 165-30.1-050           Internal Administration

 

(a)       The Board, in compliance with applicable CNMI law and procurement regulations, may delegate to the administrator, the chair or the officers, as an executive committee, the management of the internal affairs of the Board.

 

(b)       These affairs shall include, but not be limited to, managing office space, securing materials, services and supplies, budgeting, bookkeeping and financial management, development of educational activities and publications.

 

Modified, 1 CMC § 3806(f).

 

History: *Amdts Adopted 37 Com. Reg. 36783 (July 28, 2015); Amdts Proposed 37 Com. Reg. 36555 (May 28, 2015); Amdts Proposed 37 Com. Reg. 36395 (Apr. 28, 2015); Adopted 28 Com. Reg. 25523 (Feb. 28, 2006); Proposed 27 Com. Reg. 25256 (Nov. 25, 2005).

 

*See Commission Comment to § 165-30.1-001 regarding the July 2015 amendments.

 

§ 165-30.1-055           Definitions

 

When used in the regulations in this subchapter the following terms shall have the respective meanings set forth for each such term:

 

(a)             “Law” means the Saipan Zoning Law of 2013, as amended.

 

(b)            “Site Plan, Major” means a site plan for a development that is not a minor site plan.

 

(c)             “Site Plan, Minor” means:

(1)            A new building or structure with less than 500 square meters in gross floor area and less than 20 parking spaces (except a single family residence that is constructed by the owner or lessee on an individual lot);

(2)            A single family residence that is not constructed by the owner or lessee on an individual lot;

(3)            Enlarging a building or structure from 25% to 50%, or by 500 square meters, whichever is less;

(4)            Demolishing and reconstructing a building or structure up to 50% of the gross floor area or 500 square meters, whichever is less;

(5)            Adding one floor with less than 500 square meters to an existing building or structure;

(6)            Enlarging the land area used for an existing development by from 25% to 50% or by 1,000 square meters, whichever is less;

(7)            Adding 11 to 20 parking spaces; or

(8)            Development that the Zoning Administrator determines does not have a potential for significant adverse impact on:

(i)              Pedestrian movement or vehicular traffic;

(ii)            Neighborhood character;

(iii)          Stormwater runoff;

(iv)          Habitat for endangered species;

(v)            Wetlands;

(vi)          Air quality;

(vii)        Views;

(viii)      Property values;

(ix)          Utility demand;

(x)            Infrastructure; and

(xi)          Public services including schools, police, ambulance, or fire.

 

(d)            “Virtual” or “Virtually,” when used with respect to a meeting, means by electronic means that provide for real-time communication to and from the participants in such a manner that each participant can hear and/or read the comments of each other participant.

 

History: *Amdts Adopted 37 Com. Reg. 36783 (July 28, 2015); Amdts Proposed 37 Com. Reg. 36555 (May 28, 2015); Amdts Proposed 37 Com. Reg. 36395 (Apr. 28, 2015); Amdts Adopted 30 Com. Reg. 28747 (Sept. 25, 2008); Amdts Proposed 30 Com. Reg. 28563 (July 28, 2008); Adopted 28 Com. Reg. 25523 (Feb. 28, 2006); Proposed 27 Com. Reg. 25256 (Nov. 25, 2005).

 

*See Commission Comment to § 165-30.1-001 regarding the July 2015 amendments.

 

Commission Comment: The 2008 amendments completely re-wrote this section. The Commission capitalized words at the beginning of subsections (c)(8)(i) through (c)(8)(xi) pursuant to 1 CMC § 3806(f).

 

 

§ 165-30.1-060           Notices and Mailings

 

Any notice or mailing for which the regulations in this subchapter provide may be given as an electronic communication, except for public notices specifically required to be given otherwise.

 

Modified, 1 CMC § 3806(d), (f).

 

History: *Amdts Adopted 37 Com. Reg. 36783 (July 28, 2015); Amdts Proposed 37 Com. Reg. 36555 (May 28, 2015); Amdts Proposed 37 Com. Reg. 36395 (Apr. 28, 2015); Adopted 28 Com. Reg. 25523 (Feb. 28, 2006); Proposed 27 Com. Reg. 25256 (Nov. 25, 2005).

 

*See Commission Comment to § 165-30.1-001 regarding the July 2015 amendments.

 

Part 100 -       Meetings

 

§ 165-30.1-101           In General

 

(a)       The Board shall make its decisions at its public meetings (2 CMC § 7221(j)(2); 1 CMC §§ 9901-9916). The Board shall otherwise act as provided in this subchapter.

 

(b)       The Board shall make provision for the virtual attendance of Board members, if a Board member so requests.

 

(c)       Meetings shall be publicly noticed as required by law. Ordinarily such notice shall be by publication in at least one newspaper of local circulation at least one time each week for two weeks prior to a meeting (2 CMC § 7221(j)(2); 10 CMC § 3511). If a meeting includes a “public hearing”, as defined by the zoning law, the notice must be published at a minimum of one notice per week for two consecutive weeks, no more than 21 days and no less than five days prior to the date of the meeting (10 CMC § 3511).

 

(d)       A copy of meeting materials distributed to the Board 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 (See 2 CMC § 7221(j)(3); 1 CMC §§ 9917-9918).

 

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

 

History: *Amdts Adopted 37 Com. Reg. 36783 (July 28, 2015); Amdts Proposed 37 Com. Reg. 36555 (May 28, 2015); Amdts Proposed 37 Com. Reg. 36395 (Apr. 28, 2015); Amdts Adopted 30 Com. Reg. 28747 (Sept. 25, 2008); Amdts Proposed 30 Com. Reg. 28563 (July 28, 2008); Adopted 28 Com. Reg. 25523 (Feb. 28, 2006); Proposed 27 Com. Reg. 25256 (Nov. 25, 2005).

 

*See Commission Comment to § 165-30.1-001 regarding the July 2015 amendments.

 

Commission Comment: The Commission changed “1 CMC § 9901 (1)-(16)” to “1 CMC §§ 9901-9916” in subsection (a) to correct a manifest error. The Commission changed “2 CMC § 7221(j)(2)” to “2 CMC § 7221(j)(3)” and “1 CMC § 9901(17)-(18)” to “1 CMC §§ 9917-9918” in subsection (d) to correct manifest errors.

 

The 2008 amendments corrected cross-references in subsection (c), but made no substantive revisions.

 

 

 

§ 165-30.1-105           Time and Frequency

 

(a)       The Board shall meet monthly, or as the Board determines is as often as necessary to discharge its responsibilities without undue delay (2 CMC § 7221(j)(2)).

 

(b)       The day for the regular meeting of the Board shall be the first Thursday of every month.

 

(c)       The regular meeting shall begin at 5:00 p.m., except as the chair shall otherwise provide by notice.

 

(d)       The chair may change the regular meeting date for any month by providing notice to the Board two weeks in advance of the regular meeting.

 

(e)       The Board may change the date and time by resolution.

 

Modified, 1 CMC § 3806(f).

 

History: *Amdts Adopted 37 Com. Reg. 36783 (July 28, 2015); Amdts Proposed 37 Com. Reg. 36555 (May 28, 2015); Amdts Proposed 37 Com. Reg. 36395 (Apr. 28, 2015); Adopted 28 Com. Reg. 25523 (Feb. 28, 2006); Proposed 27 Com. Reg. 25256 (Nov. 25, 2005).

 

*See Commission Comment to § 165-30.1-001 regarding the July 2015 amendments.

 

§ 165-30.1-110           Location

 

(a)       Meetings shall be held at such place as the chair may determine unless otherwise provided by the Board. The location shall be properly noticed to the public. Ordinarily the Board shall meet at its principal office.

 

(b)       The Board may meet virtually, and a Board member shall have the right to attend a meeting virtually.

 

(c)       When the Board meets virtually, access to the virtual meeting shall be freely given through the noticed site so that any person attending at the site shall have the same access to the meeting as each attending Board member. Typically this will include use of a speaker phone for a conference call meeting.

 

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

 

Modified, 1 CMC § 3806(f).

 

History: *Amdts Adopted 37 Com. Reg. 36783 (July 28, 2015); Amdts Proposed 37 Com. Reg. 36555 (May 28, 2015); Amdts Proposed 37 Com. Reg. 36395 (Apr. 28, 2015); Adopted 28 Com. Reg. 25523 (Feb. 28, 2006); Proposed 27 Com. Reg. 25256 (Nov. 25, 2005).

*See Commission Comment to § 165-30.1-001 regarding the July 2015 amendments.

 

§ 165-30.1-115           Calling a Meeting

 

Either the chair or any three members may call a meeting (2 CMC § 7221(j)(2)).

 

Modified, 1 CMC § 3806(e), (f).

 

History: *Amdts Adopted 37 Com. Reg. 36783 (July 28, 2015); Amdts Proposed 37 Com. Reg. 36555 (May 28, 2015); Amdts Proposed 37 Com. Reg. 36395 (Apr. 28, 2015); Adopted 28 Com. Reg. 25523 (Feb. 28, 2006); Proposed 27 Com. Reg. 25256 (Nov. 25, 2005).

 

*See Commission Comment to § 165-30.1-001 regarding the July 2015 amendments.

 

§ 165-30.1-120           Types of Meetings

 

(a)             Regular Meetings. Regular meetings shall be held as determined by the Board’s regulations, except as otherwise determined by the Board, by resolution. The Board shall publish the schedule and place for regular meetings in the Commonwealth Register (1 CMC § 9909).

 

(b)            Special Meetings. Special meetings may be held from time to time, and shall be duly noticed by the Board (see 1 CMC § 9911).

 

(c)             Executive Session. Ordinarily the Board’s meetings shall be open to the public (2 CMC § 7221(j)(2); 1 CMC §§ 9901–9916). The Board may meet privately, in executive session, for the following purposes:

(1)            To discuss termination, hiring, or discipline of the zoning administrator (2 CMC § 7221(j)(2));

(2)            To discuss other personnel matters, including the hiring, firing, and discipline of staff and/or contractors (1 CMC § 9912(a)(3)–(5));

(3)            To discuss acquisition of an interest in real estate when public discussion would likely cause the price to increase (1 CMC § 9912(a)(1)–(2));

(4)            To consult with legal counsel (1 CMC § 9912(a)(6));

(5)            To discuss a matter which may infringe on a person’s right to privacy, including confidential medical or financial information (1 CMC § 9912(a)(7));

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

(7)            To address other matters permitted by law for discussion in a non-public meeting.

(8)            In order to meet in an executive session, the Board must:

(i)              Have the presiding officer publicly announce the purpose of excluding the public and the time when the executive session will conclude;

(ii)            Vote by roll call;

(iii)          Secure the vote of 2/3 of those members present; and

(iv)          Record these matters in the minutes (1 CMC §9912(b)–(d));

 

(b)            Virtual discussions.

(1)            The Board may discuss a matter virtually over time, as well as in real time, provided that access to the virtual discussion shall be freely given to the public so that a person seeking to review the discussion as it happens shall have substantially the same access to the discussion as each participating Board 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 regulations in this subchapter and shall comply with CNMI law regarding open meetings (1 CMC §§ 9901–9916).

(4)            The Board shall arrange for a person, upon request, the reasonable use of a publicly-available computer with internet access in order to allow review of the discussion.

(5)            No electronic communication may be used to circumvent the spirit or requirement of open, public meetings to make a decision or deliberate toward a decision upon a matter over which the Board has supervisory control, jurisdiction, or advisory power, as provided in the regulations in this subchapter (1 CMC § 9912(d)).

 

Modified, 1 CMC § 3806(d), (f), (g).

 

History: *Amdts Adopted 37 Com. Reg. 36783 (July 28, 2015); Amdts Proposed 37 Com. Reg. 36555 (May 28, 2015); Amdts Proposed 37 Com. Reg. 36395 (Apr. 28, 2015); Adopted 28 Com. Reg. 25523 (Feb. 28, 2006); Proposed 27 Com. Reg. 25256 (Nov. 25, 2005).

 

*See Commission Comment to § 165-30.1-001 regarding the July 2015 amendments.

 

Commission Comment: The Commission changed “1 CMC § 9901 (1)–(16)” to “1 CMC §§ 9901–9916” in subsections (c) and (d)(3) to correct manifest errors. The Commission inserted “(a)” between “§ 9912” and “(1)–(2)” in subsection (c)(3) to correct a manifest error.

 

§ 165-30.1-125           Accessibility

 

(a)       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.

 

(b)       Ordinarily the Board shall meet on a ground floor or on a floor accessible by elevator.

 

History: *Amdts Adopted 37 Com. Reg. 36783 (July 28, 2015); Amdts Proposed 37 Com. Reg. 36555 (May 28, 2015); Amdts Proposed 37 Com. Reg. 36395 (Apr. 28, 2015); Adopted 28 Com. Reg. 25523 (Feb. 28, 2006); Proposed 27 Com. Reg. 25256 (Nov. 25, 2005).

 

*See Commission Comment to § 165-30.1-001 regarding the July 2015 amendments.

 

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

 

§ 165-30.1-130           Meeting Rules

 

(a)       Meetings of the Board members shall be conducted according to Robert’s Rules of Order, most recent revision, unless:

(1)       Otherwise specified in the regulations in this subchapter; or

(2)       The rules are suspended pursuant to a vote of two-thirds of those present and voting.

 

(b)       Quorum.

(1)       A quorum shall be a majority of the Board members (2 CMC § 7221(j)(1)). A majority of the Board’s members is required to transact business, except as provided in § 165-30.1-130(b)(2) (2 CMC § 7221(j)(2)).

(2)       The Board shall meet upon the declaration of a quorum. Except that if a quorum does not exist due to a conflict of interest involving one or more of the members, then three members shall constitute a quorum (2 CMC § 7221(j)(1)).

 

(c)       Votes.

(1)       A vote on a motion before the Board shall be either by voice, show of hands, or roll call.

(2)       A vote by show of hands or roll call may be required by any member of the Board.

(3)       Any motion that does not receive a majority affirmative vote is thereby rejected and cannot be re-introduced in its same form at the same Board meeting, except that a motion to reconsider may be brought.

(4)       All decisions shall be made by a majority vote of the members present and voting, unless otherwise specifically stated in the regulations in this subchapter or in the zoning code or zoning law.

 

(d)       Motions.

(1)       A motion to be put before the Board must be raised in definitive form, either orally or in writing, by one of the members of the Board.

(2)       A motion must then be seconded promptly or it shall fail.

(3)       Once a motion has been properly introduced and seconded, that motion shall be restated by the chair before debate. Debate shall continue until the chair closes the debate and calls for a vote on the motion.

(4)       Any motion may be withdrawn by the initiator at any time before it has been adopted.

 

(e)       Rulings of the chair.

(1)       A ruling of the chair is final.

(2)       The Board may reverse a ruling of the chair.

(3)       A member may appeal a ruling of the chair to the Board. When an appeal is made from a ruling of the chair, the member making the appeal shall be allowed to state his/her reasons briefly.

(4)       The question shall be immediately put in the following form: “Shall the ruling of the Chair be sustained?”

 

(f)        Agendas.

(1)       Each agenda shall provide an opportunity for the participation of the public (2 CMC § 7221(j)(2)).

(2)       The chair shall prepare an agenda for each scheduled meeting listing the items of new and old business to be considered at the meeting.

(3)       The agenda ordinarily shall be transmitted to the Board members at least 48 hours before the meeting for their review, in writing.

 

(g)       Minutes.

(1)       Minutes shall be kept for all the meetings, and thereafter reviewed and approved by the Board.

(2)       Proposed minutes shall ordinarily be transmitted in writing to the members of the Board at least 48 hours before the next meeting.

 

(h)       Committee reports.

(1)       A committee report does not require a second to be submitted to the Board for discussion or approval.

(2)       The minority on a committee report shall be given a brief opportunity to state its position and the reasons for it.

 

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

 

History: *Amdts Adopted 37 Com. Reg. 36783 (July 28, 2015); Amdts Proposed 37 Com. Reg. 36555 (May 28, 2015); Amdts Proposed 37 Com. Reg. 36395 (Apr. 28, 2015); Adopted 28 Com. Reg. 25523 (Feb. 28, 2006); Proposed 27 Com. Reg. 25256 (Nov. 25, 2005).

 

*See Commission Comment to § 165-30.1-001 regarding the July 2015 amendments.

 

Part 200 -       Practice and Procedure

 

[Reserved.]

 

History: *Amdts Adopted 37 Com. Reg. 36783 (July 28, 2015); Amdts Proposed 37 Com. Reg. 36555 (May 28, 2015); Amdts Proposed 37 Com. Reg. 36395 (Apr. 28, 2015); Adopted 28 Com. Reg. 25523 (Feb. 28, 2006); Proposed 27 Com. Reg. 25256 (Nov. 25, 2005).

 

*See Commission Comment to § 165-30.1-001 regarding the July 2015 amendments.

 

Part 300 -       Fees, Charges, and Assessments

 

§ 165-30.1-301           Fees

 

(a)             Fees for permits applications, approvals, or petitions shall be assessed according to Table 300-1, Zoning Fees and other provisions of this section.

 

(b)            Provided, fees shall be waived for government agencies.

(1)            In addition to the base application fee in Table 300-1, an applicant shall reimburse the Zoning Office for the costs of professional engineers and other consultants hired by the Zoning Administrator to review and inspect the applicant’s proposal when the Zoning Office is unable to do so with existing in-house staff.

(i)              These professional services may include, but are not limited to: legal; planning; hearing examiner; environmental review; financial; accounting; soils; and civil, environmental, traffic, mechanical, and structural engineering.

(ii)            In the event that a project requires special staff analysis beyond that which is included in the base fee, the applicant shall reimburse the Zoning Office at a rate of $25.00 per hour for this extra staff time.

(iii)          The Zoning Administrator may require the applicant to deposit an amount with the CNMI Treasurer to cover anticipated costs of retaining professional consultants or performing special staff analysis.

(2)            If a permit category is not listed in Table 300-1, the Zoning Administrator or his/her designee shall determine the fee schedule for that category, subject to Zoning Board approval.

(3)            In the event of unique and unusual circumstances or economic hardship, the Zoning Administrator may waive or reduce a fee. The Zoning Administrator shall notify the Zoning Board of any waivers or reductions, and shall rescind any charges deemed inappropriate by the Zoning Board.

 

(c)             Fees for documents and related services shall be as follows:

(1)            Photocopies: less than 10 copies – $.15 per copy; 1 or more copies: $0.50 per page;*

(2)            Electronic files on CD: $20.00 for each CD;

(3)            Electronic files on DVD: $30.00 for each DVD;

(4)            Copies of meeting minutes on CD: $20 per CD;

(5)            Copies of the Zoning Law: $50 each;

(6)            Copies of the Official Zoning Map: 11 x 17 $10 each

(7)            If complying with a request for information takes longer than one hour, labor shall be charged at the rate of $20.00 per hour.

 

* So in original.

 

History: *Amdts Adopted 37 Com. Reg. 36783 (July 28, 2015); Amdts Proposed 37 Com. Reg. 36555 (May 28, 2015); Amdts Proposed 37 Com. Reg. 36395 (Apr. 28, 2015); Amdts Adopted 30 Com. Reg. 28747 (Sept. 25, 2008); Amdts Proposed 30 Com. Reg. 28563 (July 28, 2008); Adopted 30 Com Reg. 28136 (Jan. 22, 2008); Proposed 29 Com Reg. 26462 (Mar. 15, 2007); Emergency 29 Com. Reg. 26502 (Apr. 16, 2007) (effective for 120 days from March 14, 2007); Proposed 29 Com. Reg. 26462 (Mar. 15, 2007).

 

*See Commission Comment to § 165-30.1-001 regarding the July 2015 amendments.

 

Commission Comment: The Commission substituted section numbers pursuant to 1 CMC § 3806(d). The Commission inserted semicolons at the ends of subsections (c)(1) through (c)(4) pursuant to 1 CMC § 3806(g).

 

Table 300-1. Zoning Fees

 

Permit or Action

Project Cost

Fee (Cost may be added. See below)

Minor Subdivision

All projects

$75.00

Minor Site Plan

All projects

$75.00

Minor Site Plan Amendments

 

$100.00

Major Site Plan

Up to $200,000

$200.00

$200,001 to $500,000

$300.00

$500,001 to $1,000,000

$750.00

Over $1,000,000

$1,500.00

Major Site Plan Amendments

 

Same as above per project cost

Major Subdivision

Any Amount

$200.00

Conditional Use

Up to $200,000

$350.00

$200,001 to $500,000

$450.00

$500,001 to $1,000,000

$1,000.00

Over $1,000,000 to $5,000,000

$1,800.00

Over $5,000,000

$3,000.00 plus $275 for add’l $1,000,000

Conditional Use Amendments

 

Same as above per project cost

Temporary Use

All projects

$40.00

Zoning Permit

All projects

$50.00

Zoning Permit Amendments

 

$50.00

Single Family Dwelling

 

$25.00

Home Business

 

$25.00

Sign Permit

All projects

$30.00

Verification of a Nonconformity

All projects

$30.00

Beneficial Use

All projects

$100.00

Zoning Clearance

All projects

(except renovation of residential dwellings)

$10.00

 

Modified, 1 CMC § 3806(a), (f), (g).

 

History: Certified and Adopted 37 Com. Reg. 36931 (Sept. 28, 2015), *Amdts Adopted 37 Com. Reg. 36783 (July 28, 2015); Amdts Proposed 37 Com. Reg. 36555 (May 28, 2015); Amdts Proposed 37 Com. Reg. 36395 (Apr. 28, 2015); Amdts Adopted 30 Com. Reg. 28747 (Sept. 25, 2008); Amdts Proposed 30 Com. Reg. 28563 (July 28, 2008); Adopted 30 Com Reg. 28136 (Jan. 22, 2008); Proposed 29 Com Reg. 26462 (Mar. 15, 2007); Emergency 29 Com. Reg. 26502 (Apr. 16, 2007) (effective for 120 days from March 14, 2007); Proposed 29 Com. Reg. 26462 (Mar. 15, 2007).

 

*See Commission Comment to § 165-30.1-001 regarding the July 2015 amendments.

 

Commission Comment: This table was included in  §  165-30.1-301 in the original regulation. The Commission moved it to a new section pursuant to 1 CMC § 3806(a). The Commission substituted section numbers pursuant to 1 CMC § 3806(d). The Commission inserted a dollar sign in front of the figure “$25.00” pursuant to 1 CMC § 3806(g).

 

In July 2015, the Zoning Board amended this section, entirely replacing the previous table of fees. The Commission renumbered the proposed table from “Table 1” to “Table 300-1” to conform to the scheme of the code. The Commission capitalized the word “subdivision” directly beneath the “Permit or Action” table cell for the purpose of conformity. The Commission inserted dollar signs in front of various numeral figures pursuant to 1 CMC § 3806(g). The Commission replaced the terms “mill” directly to the right of the “Conditional Use” table cell with the numerical equivalents pursuant to 1 CMC § 3806(g). The Commission omitted the figures “---” from the cells directly to the right of the “Single Family Dwelling” and “Home Business” table cells pursuant to 1 CMC § 3806(g).

 

In September 2015, the Zoning Board published a Notice of Certification and Adoption of Rule, “Adoption of ‘Zoning Office Guideline, No. 2012-11, on capping fees under the Commonwealth Zoning Regulations’” in the Commonwealth Register, 37 Com. Reg. 36931 (Sept. 28, 2015). This rule was adopted pursuant to 1 CMC § 9102 and not in accordance with 1 CMC § 9104. As such, the rule is published below and not codified as a numbered section:

 

Zoning Office Guideline

 

Title: 1. Limit (Maximum) Amount on Zoning Fees

 

Purpose: This guideline sets the cap or limit on the amount of Zoning Fees to be charged for conditional use permits and amendments.

 

Guideline No. 2015-11

Adopted: September 22, 2015

By: Therese T. Ogumoro, Zoning Administrator [signature]

 

1. To accurately reflect the level of administrative effort required by the Commonwealth Zoning Office and Commonwealth Zoning Board for conditional use applications, the maximum amount of fees to be charged for any conditional use project or any conditional use project amendment, as set forth in Table 300-1, NMIAC 165-30.1-301, shall not exceed $5,500.00.

 

Modified, 1 CMC § 3806(c).

 

The Commission changed the reference number to “165-30.1-301” to agree with the proper code section.

 

Part 400 -       Wind Energy Systems

 

§ 165-30.1-401           [Reserved]

 

[Removed]

 

History: *Amdts Adopted 37 Com. Reg. 36783 (July 30, 2015); Amdts Proposed 37 Com. Reg. 36555 (May 28, 2015); Amdts Proposed 37 Com. Reg. 36395 (Apr. 28, 2015); Adopted 30 Com. Reg. 28747 (Sept. 25, 2008); Proposed 30 Com. Reg. 28563 (July 28, 2008).

 

*See Commission Comment to § 165-30.1-001 regarding the July 2015 amendments.

 

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

 

In 2015 the Zoning Board removed part 400 because its sections were incorporated into the Saipan Zoning Law of 2013, SLL 18-4. The Commission reserved these sections for future regulations concerning wind energy systems.

 

§ 165-30.1-405           [Reserved]

 

[Repealed]

 

History: *Amdts Adopted 37 Com. Reg. 36783 (July 28, 2015); Amdts Proposed 37 Com. Reg. 36555 (May 28, 2015); Amdts Proposed 37 Com. Reg. 36395 (Apr. 28, 2015); Adopted 30 Com. Reg. 28747 (Sept. 25, 2008); Proposed 30 Com. Reg. 28563 (July 28, 2008).

 

*See Commission Comment to § 165-30.1-001 regarding the July 2015 amendments.

 

Commission Comment: The Commission substituted section numbers pursuant to 1 CMC § 3806(d). The Commission designated the table in subsection (c) as subsection (c)(2) pursuant to 1 CMC § 3806(a).

 

The Notice of Adoption changed subsections (b), (d), (e), and (k). The notice provided, “Edit subsection ‘(k)’ to add a new subsection ‘(3)’ allowing the Zoning Administrator to grant an extension of the removal deadline for good cause shown.” The original proposed subsection (k) did not include subsections (1) or (2). The Notice did not provide proposed text for this amendment, and the Commission is not authorized to create it. Therefore, the Commission codified subsection (k) as originally proposed.

 

§ 165-30.1-410           [Reserved]

 

[Repealed]

 

History: Amdts Adopted 37 Com. Reg. 36783 (July 28, 2015); Amdts Proposed 37 Com. Reg. 36555 (May 28, 2015); Amdts Proposed 37 Com. Reg. 36395 (Apr. 28, 2015); Adopted 30 Com. Reg. 28747 (Sept. 25, 2008); Proposed 30 Com. Reg. 28563 (July 28, 2008).

 

*See Commission Comment to § 165-30.1-001 regarding the July 2015 amendments.

 

Part 500 -       Adult Business

 

§ 165-30.1-501           [Reserved]

 

[Repealed]

 

History: *Amdts Adopted 37 Com. Reg. 36783 (July 28, 2015); Amdts Proposed 37 Com. Reg. 36555 (May 28, 2015); Amdts Proposed 37 Com. Reg. 36395 (Apr. 28, 2015); Adopted 30 Com. Reg. 28747 (Sept. 25, 2008); Proposed 30 Com. Reg. 28563 (July 28, 2008).

 

*See Commission Comment to § 165-30.1-001 regarding the July 2015 amendments.

 

Commission Comment: The Commission corrected the capitalization of the word “adult” pursuant to 1 CMC § 3806(f).

 

In 2015 the Zoning Board repealed the establishment of the adult business overlay zone in accordance with SLL 18-06.

 

Part 600 -       [Reserved]

 

Part 700 -       [Reserved]

 

Part 800 -       [Reserved]

 

Part 900 -       Miscellaneous Provisions

 

§ 165-30.1-901           Severability

 

If any provision of the regulations in this subchapter shall be held invalid by a court of competent jurisdiction, the validity of the remainder of the regulations shall not be affected thereby.

 

Modified, 1 CMC § 3806(d), (f).

 

History: *Amdts Adopted 37 Com. Reg. 36783 (July 28, 2015); Amdts Proposed 37 Com. Reg. 36555 (May 28, 2015); Amdts Proposed 37 Com. Reg. 36395 (Apr. 28, 2015); Adopted 28 Com. Reg. 25523 (Feb. 28, 2006); Proposed 27 Com. Reg. 25256 (Nov. 25, 2005).

 

*See Commission Comment to § 165-30.1-001 regarding the July 2015 amendments.

 

Commission Comment: The Commission changed the title of part 900, “Other,” to “Miscellaneous Provisions.”

 

 

 

*See Commission Comment to § 165-30.1-001 regarding the July 2015 amendments.

 

§ 165-30.1-905           Effective Date

 

The regulations in this subchapter shall take effect upon the notice of adoption and upon final publication in the Commonwealth Register, or if promulgated by emergency regulation, at such earlier time.

 

History: *Amdts Adopted 37 Com. Reg. 36783 (July 28, 2015); Amdts Proposed 37 Com. Reg. 36555 (May 28, 2015); Amdts Proposed 37 Com. Reg. 36395 (Apr. 28, 2015); Adopted 28 Com. Reg. 25523 (Feb. 28, 2006); Proposed 27 Com. Reg. 25256 (Nov. 25, 2005).

 

*See Commission Comment to § 165-30.1-001 regarding the July 2015 amendments.

 

Commission Comment: The Commission notes that regulations are effective ten days after publication of a notice of adoption in the Commonwealth Register pursuant to 1 CMC § 9105(b). Emergency regulations are effective for 120 days from the date of filing with the Commonwealth Register of Corporations pursuant to 1 CMC §§ 9104(b) and 9105(b)(2).