TITLE 170

LOCAL RULES AND REGULATIONS

TINIAN AND AGUIGUAN

(SECOND SENATORIAL DISTRICT)

 

Chapter 170-10          Garment Factory Local Task Force

Subchapter 170-10.1             Issuance of Garment Factory Licenses on Tinian Regulations

Chapter 170-20          Office of the Mayor Municipality of Tinian and Aguiguan

Subchapter 170-20.1             Control of Stray and Feral Dogs Regulations

Subchapter 170-20.2             Rules and Regulations of the Tinian Municipal Cemetery

Subchapter 170-20.3             Tinian Municipal Identification Card Program

Subchapter 170-20.4             Policies and Regulations of the Tinian Municipal Park Rangers

Subchapter 170-20.5             Policies and Regulations of the Tinian Municipal Scholarship Board

Chapter 170-30          Tinian Casino Gaming Control Commission

Subchapter 170-30.1             General Provisions for Gaming Applications and License Regulations [Reserved]

Subchapter 170-30.2             Casino Application and Licensure Regulations

Subchapter 170-30.3             Casino Service Industry Application and License Regulations [Reserved]

Subchapter 170-30.4             Hearing Regulations

Subchapter 170-30.5             Personnel Rules and Regulations

Subchapter 170-30.6             Procurement Rules and Regulations [Reserved]

Subchapter 170-30.7             Technical Standards and Requirements Applicable to Slot Machines, Electronic Table Games, and Associated Gaming Equipment

Chapter 170-40          Tinian Cockfighting Board

Subchapter 170-40.1             Cockfighting Rules and Regulations [Reserved]

 

CHAPTER 170-10

GARMENT FACTORY LOCAL TASK FORCE

 

SUBCHAPTER 170-10.1

ISSUANCE OF GARMENT FACTORY LICENSES ON TINIAN REGULATIONS

 


Part 001          General Provisions

§ 170-10.1-001            Authority

§ 170-10.1-005            Purpose

§ 170-10.1-010            Garment Factory Local Task Force

§ 170-10.1-015            Definitions

 

Part 100          Licensure of Tinian Garment Factories

§ 170-10.1-101            Limitation on Number of Garment Factories

§ 170-10.1-105            Criteria for Consideration in Issue of License

§ 170-10.1-110            Condition of Licensing

§ 170-10.1-115            Application for License

§ 170-10.1-120            Announcement and Review of Applications

§ 170-10.1-125            Suspension or Revocation of License

 

Part 200          Miscellaneous Provisions

§ 170-10.1-201            Effect of Regulations with Commonwealth-wide Laws and Regulations on the Regulations of Garment Factories

§ 170-10.1-205            Severability

 

Appendix A   Application for Garment Factory License


 

Subchapter Authority: 10 CMC § 2455.

 

Subchapter History: Adopted 11 Com. Reg. 6241 (June 15, 1989); Proposed 11 Com. Reg. 6217 (Apr. 15, 1989).

 

Commission Comment: Tinian Local Law 6-4 (effective Jan. 23, 1989), the “Tinian Garment Factory Act of 1988,” is codified at 10 CMC §§ 2451-2461. 10 CMC § 2461 establishes a Garment Factory Local Task Force (GFLTF) for the second senatorial district, authorized to select licensees to operate garment factories in the second senatorial district. 10 CMC § 2455(a) directs the GFLTF to establish by regulation criteria for the granting of licensees to operate garment factories.

 

Part 001 -       General Provisions

 

§ 170-10.1-001            Authority

 

The regulations in this subchapter are promulgated and issued by the Tinian Garment Factory Local Task Force pursuant to the authority granted by Tinian Local Law No. 6-4, the “Tinian Garment Factory Act of 1988,” enacted on January 23, 1989 [10 CMC §§ 2451-2461].

 

Modified, 1 CMC § 3806(d), (g).

 

History: Adopted 11 Com. Reg. 6241 (June 15, 1989); Proposed 11 Com. Reg. 6217 (Apr. 15, 1989).

 

Commission Comment: The Commission moved the comma after “1988” inside of the closing quotation marks.

 

§ 170-10.1-005            Purpose

 

The regulations in this subchapter establish the criteria and conditions necessary to issue licenses to operate garment factories, authorized by law, and shall only apply to the island of Tinian in the second senatorial district.

 

Modified, 1 CMC § 3806(d), (f).

 

History: Adopted 11 Com. Reg. 6241 (June 15, 1989); Proposed 11 Com. Reg. 6217 (Apr. 15, 1989).

 

§ 170-10.1-010            Garment Factory Local Task Force

 

(a)        The Garment Factory Local Task Force (GFLTF) shall consist of five members:

(1)        Employee-in-charge for Customs Division on Tinian and Aguiguan.

(2)        Resident Department Head, or his/her designee, for the Tinian Office of the Department of Commerce and Labor.

(3)        One person to be selected by the Mayor of Tinian and Aguiguan.

(4)        One person to be selected by the Tinian Municipal Council.

(5)        One person to be selected by the Tinian Joint Legislative Delegation.

 

(b)        Except for the Employee-in-charge for Customs Division and the Resident Department Head (or his/her designee) of Commerce and Labor, in subsections (a)(1) and (a)(2) of this section, the members of the Garment Factory Local Task Force (GFLTF) shall be selected from among the qualified voters of Tinian. All members of the GFLTF shall serve terms of two years, with the exception of the Resident Department Head of Commerce and Labor. A chairperson and a vice-chairperson shall be elected from among the membership. Meetings of the GFLTF, during its initial stage of organization not exceeding six months, shall be held as often as necessary, but not less than once a month. Thereafter, the GFLTF shall meet not less than once a quarter, except as emergencies or special business may require additional meetings. GFLTF meetings shall be announced and open to the public, except in executive session. The chairperson, or any two members thereof, may call for a meeting of the GFLTF, in addition to those meetings regularly scheduled, provided that the presence of all members shall be required for any review to be made on a garment factory license application.

 

Modified, 1 CMC § 3806(c), (e).

 

History: Adopted 11 Com. Reg. 6241 (June 15, 1989); Proposed 11 Com. Reg. 6217 (Apr. 15, 1989).

 

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

 

§ 170-10.1-015            Definitions

 

As defined in Tinian Local Law 6-4 [10 CMC §§ 2451- 2461], and in the regulations in this subchapter:

 

(a)        “Garment factory” means a facility operated by any sole proprietorship, partnership, corporation, firm, association, or group or combination for the creation, production, or assembly of textiles or textile products.

 

(b)        “Textiles or textile products” means manmade fibers, tops, yarns, piece goods, made-up articles, garments, and other textile manufactured products (which derive their chief characteristic from their textile components) made in whole or in part from any natural or manmade fiber or blend thereof, that are classified under schedule 3, part 6, parts 1, 4, 5, 7, or 13 of schedule 7, part 1 of schedule 8, or part 1 of the appendix to the Tariff Schedules of the United States (19 U.S.C. § 1202).

 

(c)        “Garment manufacturing” means use of a garment factory for the manufacture of textiles or textile products.

 

(d)       “Local hires” or “local workers” means permanent resident aliens and United States citizens permanently residing in the Commonwealth and available for employment in the manufacture or assembly of textiles or textile products.

 

(e)        “Business license” means that license required to engage in or conduct business and issued by the Director of the Department of Commerce and Labor pursuant to 1 CMC § 2453(d).

 

Modified, 1 CMC § 3806(d), (f).

 

History: Adopted 11 Com. Reg. 6241 (June 15, 1989); Proposed 11 Com. Reg. 6217 (Apr. 15, 1989).

 

Part 100 -       Licensure of Tinian Garment Factories

 

§ 170-10.1-101            Limitation on Number of Garment Factories

 

As provided by local law, not more than five licenses shall be issued for the establishment and operation of garment factories on Tinian (Second Senatorial District). Only one license shall be issued to any one applicant approved by the GFLTF and is non-transferrable.

 

Modified, 1 CMC § 3806(e).

 

History: Adopted 11 Com. Reg. 6241 (June 15, 1989); Proposed 11 Com. Reg. 6217 (Apr. 15, 1989).

 

§ 170-10.1-105            Criteria for Consideration in Issue of License

 

In reviewing applications for license to operate garment factories on Tinian, the GFLTF shall take into consideration the following:

 

(a)        Minimum Capital Investment. A minimum of $2 million capital investment is required by local law. Included within this minimum investment will be the cost of acquiring land, construction of facilities, purchase of equipment, mobilization costs for acquiring employees, and other costs of setting up and operation incidental to garment factory activities. This minimum capital investment must be maintained during the life of the garment factory license issued pursuant to local law. The Tinian Department of Commerce and Labor, as its responsibility under law, shall ascertain compliance to this minimum capital investment and may require, at licensee’s own expense, to provide a statement from a certified public accountant chosen by the Department certifying that licensee has indeed provided and actually invested $2 million in its garment factory operation. Provided, that with regard to such minimum investment on acquisition of land, the cost must be based on the amount as called for in the monthly rental accruing within a cumulative five year period.

 

(b)        Private Land Lease Secured. Preference shall be given to an applicant who has already secured a lease of private land for the purpose of building and operating a garment factory.

 

(c)        Minimum Garment Factory Experience. Applicant must demonstrate at least five years previous experience in garment factory operation, accumulated within or without the Commonwealth.

 

(d)       Other Criteria or Conditions. In addition to the above considerations, the GFLTF shall base its approval on the criteria or conditions including, but not limited to the following:

(1)        The number of local hires to be made by the licensee, including provisions on increasing the employment of local workers.

(2)        The number of foreign workers to be hired by the licensee, including provisions on their replacements by local hires. (Not more than 350 non-resident workers shall be allowed.)

(3)        The wages offered to local hires.

(4)        The degree of local ownership offered to citizens of the Northern Marianas in the garment manufacturing or factory business.

(5)        The extent of benefits offered to employees, including but not limited to profit sharing plans, medical benefits, maternity leaves, vacation, length of work week, group life insurance, retirement plan.

(6)        Training programs offered to employees to advance their skills, including the development of a definite time schedule for position advancement.

(7)        The number of local workers to be placed in management positions, including development of a definite time schedule for such placements.

(8)        Where they may have already been granted CNMI business licenses, that applicants for a license to operate a garment factory demonstrate that they have successfully maintained such a valid business license.

(9)        The time frame in which the licensee will initiate construction of the factory building and start manufacturing operation.

(10)      The degree to which the applicant will improve infrastructure and supply its own power, water, and other utility needs.

(11)      Commitment by the applicant not to locate its factory inside the main village of San Jose and subdivision, or on any other village homesteads, on lots originally secured through the village homestead program.

(12)      Commitment by the applicant to landscape its factory surrounding to a standard acceptable in the community, especially on property abutting frontal residential and potential tourism-related areas.

(13)      The extent of participation in activities that will promote community and youth-oriented programs, such as libraries, scholarship support, youth summer employment and other benefits contributing to the social development of Tinian.

 

Modified, 1 CMC § 3806(e).

 

History: Adopted 11 Com. Reg. 6241 (June 15, 1989); Proposed 11 Com. Reg. 6217 (Apr. 15, 1989).

 

§ 170-10.1-110            Condition of Licensing

 

A license considered in § 170-10.1-105 shall be issued on the conditions that:

 

(a)        Licensee shall be restricted to just garment manufacturing activities, and not enter into any other business or commercial activities of any sort whatsoever.

 

(b)        Licensee must locate its facilities on private land.

 

(c)        Licensee shall employ not more than a total of three hundred fifty alien laborers in its operation.

 

(d)       Licensee shall, within two hundred forty days after issuance of its license, begin construction and operation of the garment factory.

 

(e)        Licensee shall not sell or transfer the license issued thereunder.

 

Modified, 1 CMC § 3806(c), (e).

 

History: Adopted 11 Com. Reg. 6241 (June 15, 1989); Proposed 11 Com. Reg. 6217 (Apr. 15, 1989).

 

§ 170-10.1-115            Application for License

 

Application for a garment factory license, pursuant to Tinian Local Law 6-4, shall be made containing the name and other information required of the applicant on a form prescribed by the GFLTF, attached hereto as appendix “A,” together with a non-refundable application fee of $500.00 payable to the Commonwealth Treasurer, to be submitted in accordance with § 170-10.1-120 of this subchapter. Applicant must be the name of the operator of the garment factory proposed to be licensed.

 

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

 

History: Adopted 11 Com. Reg. 6241 (June 15, 1989); Proposed 11 Com. Reg. 6217 (Apr. 15, 1989).

 

Commission Comment: The Commission moved the comma after “A” inside of the closing quotation mark and inserted the word “a” before “form.”

 

§ 170-10.1-120            Announcement and Review of Applications

 

The GFLTF shall announce all licenses available for operation of garment factories.

 

(a)        A public notice shall be issued for a period of thirty days announcing the availability of the initial five garment factory licenses for applications. Application is required to be made on the prescribed form, accompanied by the application fee, to the Tinian Resident Department of Commerce and Labor within the time specified. The Resident Department Head shall date or cause to be dated the application and numbered on the order it was received.

(1)(i)    Within five work days after the closing of the announcement period, all applications received by the Resident Department Head shall be forwarded to the GFLTF for review.

(ii)        Review of the applications shall be made within 60 days from date of receipt by the GFLTF. When there is competition for the five available garment factory licenses, the GFLTF shall apply the criteria in § 170-10.1-105 in selecting the best licensee, ranking them in ascending order. Considering all things equal between the applicants making their ranking difficult to select, the GFLTF may by unanimous decision grant the licenses either on a first-submission basis, or by drawing of lot.

(2)        Within five work days after review by the GFLTF, the findings shall be communicated to the Resident Department Head with direction to take appropriate action accordingly. Garment factories approved shall have its licenses issued. Unsuccessful applicants will be notified including the reasons for disapproval.

 

(b)        At any time that a garment factory license became available by voluntary surrender or cancellation by a licensee, or upon revocation of the license from a licensee, the GFLTF shall not later than five work days after the availability of such license make a public announcement indicating the number of license available with the same application procedures as provided in subsection (a) of this section.

 

Modified, 1 CMC § 3806(c), (e), (g).

 

History: Adopted 11 Com. Reg. 6241 (June 15, 1989); Proposed 11 Com. Reg. 6217 (Apr. 15, 1989).

 

Commission Comment: The original paragraphs of subsection (a)(1) were not designated. The Commission designated subsections (a)(1)(i) and (ii).

 

In subsection (a), the Commission changed “caused” to “cause” to correct a manifest error.

 

§ 170-10.1-125            Suspension or Revocation of License

 

(a)        Garment factory licenses granted may be suspended or revoked, subject to § 12 of Tinian Local Law 6-4 [10 CMC § 2460], if:

(1)        The application is found to have contained false or fraudulent information.

(2)        The licensee bribed or otherwise unlawfully influenced any member of the GFLTF.

(3)        The licensee presented false or fraudulent information to the GFLTF.

(4)        The licensee violates any of the provisions of public and local law, or regulations issued applicable thereunder, or any condition or term imposed in the license.

(b)        Upon recommendation of the GFLTF that a license be revoked, the Tinian Resident Department of Commerce and Labor, shall proceed with action as provided by local law.

 

History: Adopted 11 Com. Reg. 6241 (June 15, 1989); Proposed 11 Com. Reg. 6217 (Apr. 15, 1989).

 

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

 

Part 200 -       Miscellaneous Provisions

 

§ 170-10.1-201            Effect of Regulations with Commonwealth-wide Laws and Regulations on the Regulations of Garment Factories

 

The requirements of the regulations in this subchapter are in addition to those found in Tinian Local Law 6-4 [10 CMC §§ 2451-2461]. Any Commonwealth-wide laws and regulations applicable to the garment industry, consistent with the intent and purpose of this local law, are hereby adopted and incorporated herein by reference in these regulations.

 

Modified, 1 CMC § 3806(d).

 

History: Adopted 11 Com. Reg. 6241 (June 15, 1989); Proposed 11 Com. Reg. 6217 (Apr. 15, 1989).

 

§ 170-10.1-205            Severability

 

If any provision of the regulations in this subchapter shall be held invalid by a court of competent jurisdiction, all valid portions are severable and shall remain in effect.

 

Modified, 1 CMC § 3806(d).

 

History: Adopted 11 Com. Reg. 6241 (June 15, 1989); Proposed 11 Com. Reg. 6217 (Apr. 15, 1989).


 

 

Appendix A

Application for Garment Factory License

(GFLTF Form 1)

 

Commonwealth of the Northern Mariana Islands

Municipality of Tinian and Aguiguan

Tinian, MP 96952

Application for Garment Factory License

 

(Instructions: File with the Garment Factory Local Task Force, in care of Tinian Resident Department of Commerce and Labor, San Jose Village, Tinian, MP 96952. Submit in five sets. All information requested must be provided. Attach additional sheets where needed. Attach a check for $500.00 as non-refundable application fee, payable to the Commonwealth Treasurer.)

 

Pursuant to Tinian Local Law 6-4, “Tinian Garment Factory Act of 1988,” and its regulations thereunder, the undersigned hereby makes application to operate a garment factory business on Tinian. In consideration of the issuance of such license, the applicant hereby provides the following information:

______________________________________________________________________________

1. Applicant’s Full Name (to be licensed)                              Citizenship

 

______________________________________________________________________________

2. Address and telephone:

a)         In CNMI                                                                     b)         Outside CNMI

 

______________________________________________________________________________

3. Name, title, and address of person to be contracted regarding this application:

 

______________________________________________________________________________

 

4. Form of Business: (Check one)

/____/ Sole Proprietorship

/____/ Partnership (attach partnership agreement)

/____/ Corporation; CNMI ( ), Foreign ( )      Country _______________________

(attach articles of incorporation & by-laws)

/____/ Association (attach by-laws)

/____/ Other specify: _________________________________________________________ ______________________________________________________________________________

 

5. If applicant presently operating a business in CNMI, indicate location, type of business and number of general

business license issued:

Location          Type                                                                Business License #

/___/ Rota                   ________________________            ___________________

/___/ Tinian                 ________________________            ___________________

/___/ Saipan                ________________________            ___________________

/___/ N. Islands           ________________________            ___________________ ______________________________________________________________________________

 

6. Investment Information:

a. Detailed investment analysis of the $2 million minimum capital investment required which included cost of acquiring land, facilities construction, equipment purchase, employee mobilization, and costs involved in set-up and operation incidental to garment factory activities. (Note that in determining such minimum investment on land, the cost of acquisition must be based on amount accrued on the monthly rental within a cumulative 5-year period.)

b. Detailed analysis of gross revenues and gross expenditures for first 3 years following issuance of license.

c. Anticipated and proposed marketing scheme.

d. Extent of local participation in the investment, or degree of local ownership offered to local citizens in the garment factory operation.

______________________________________________________________________________

7. Financial Responsibility:

a. A certified balance sheet, profit and loss statement for most recent 12 month period.

b. Bank’s letter certifying availability of funds for proposed business of garment factory and copy of applicant’s

latest bank statement.

c. If sole proprietorship or partnership, personal financial statement.

______________________________________________________________________________

8. Manpower:

a. Number of local hires to be employed, including provisions on increasing the employment of local workers.

b. Number of foreign workers to be hired, including provisions on their replacements by local hires. (Note that 350

maximum alien workers shall be permitted only.)

c. Wages offered to local hires.

d. Extent of benefits offered to employees, including but not limited to profit sharing plans, medical benefits,

maternity leaves, vacation, length of work week, group life insurance, retirement plan.

e. Training programs offered to employees to advance their skills, including the development of a definite time

schedule for position advancement.

f. Number of local workers to be placed in management positions, including development of a definite time

schedule for such placements.

______________________________________________________________________________

9. Social and Community Programs:

a. Provision for community related social services such as beautification programs, libraries and scholarship support.

b. Provision for youth-oriented programs such as summer employment, and other benefits.

______________________________________________________________________________

10. Lease of Private Land (factory to be located on private land only):

a. If lease of private land is already secured, name of lessor ___________, effective date ___________, location ___________, lot number ___________, and size ___________. (attach lease agreement).

b. If no lease yet, show date lease is anticipated ___________, name of proposed lessor ___________, location ___________, lot number ___________, and size ___________

Applicant must demonstrate commitment not to locate its garment factory inside the main village of San Jose and subdivision, or any other village homesteads, on lots originally secured through village homestead program. ______________________________________________________________________________

11. Experience in Garment Factory Operation (5 years minimum):

a. Indicate years of experience: in CNMI ______________________, outside CNMI ______________________

If outside CNMI, location where gained ____________________________________________________________________________________________________________________________________________________________

12. Proposed date of initial construction and start of factory operation (required within 240 days from date license

issued):

______________________________________________________________________________

13. Degree to which applicant will improve infrastructure and supply its own power, water, and other utility needs:

______________________________________________________________________________

14. Applicant’s plan for landscaping its factory surrounding:

______________________________________________________________________________

15. Any other information which the applicant deems to be necessary in support of the application.

______________________________________________________________________________

16. Application Certification

I/we declare under penalty of perjury that the statements above are true and correct, and that I/we agree that the garment factory license to be issued will be granted and accepted upon the terms and conditions as required by Tinian Local Law 6-4, and its rules and regulations.

Dated this ______________________ day of _________________________________, 19___________,

(Applicant)

 

By: _________________________________

Authorized Signature

_________________________________

Type Name and Title

 

-----------------------------------FOR OFFICE USE ONLY ---------------------------------------

Application Received: _____________________________ _________________________

Date                                                    Number Assigned

By:

___________________________________________

(Resident Department Head or Authorized Employee)

Application Fee ($500.00)      Paid: ____________________           ______________________

Receipt No.                                         Date

By: ______________________________

Cashier (Revenue Division)

Remarks:

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

 

Modified, 1 CMC § 3806(f).

 

History: Adopted 11 Com. Reg. 6241 (June 15, 1989); Proposed 11 Com. Reg. 6217 (Apr. 15, 1989).


 

CHAPTER 170-20

OFFICE OF THE MAYOR MUNICIPALITY OF TINIAN AND AGUIGUAN

 

SUBCHAPTER 170-20.1

CONTROL OF STRAY AND FERAL DOGS REGULATIONS

 


Part 001          General Provisions

§ 170-20.1-001            Authority

§ 170-20.1-005            Purpose

§ 170-20.1-010            Definitions

 

Part 100          Process for Licensed and Unlicensed Dogs; Fees

§ 170-20.1-101            Licensing

§ 170-20.1-105            Caging and Manner of Claiming Unlicensed Dogs

§ 170-20.1-110            Disposal of Unclaimed Dogs

§ 170-20.1-115            Disposition of Fees

 

Part 200          Miscellaneous Provisions

§ 170-20.1-201            Severability


 

Subchapter Authority: Tinian Local Law 12-1, 10 CMC §§ 2801-2806.

 

Subchapter History: Emergency and Proposed 28 Com. Reg. 26191 (Oct. 30, 2006) (effective for 120 days from Oct. 17, 2006); Adopted 28 Com. Reg. 25882 (June 19, 2006); Proposed 28 Com. Reg. 25707 (May 19, 2006).

 

Commission Comment: The Commission created the part titles for this subchapter.

 

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). Tinian Local Law (TLL) 12-1, Tinian and Aguiguan Islands Dog Control Act, codified as 10 CMC §§ 2801-2806, became effective on December 13, 2001. The Act, having been adopted pursuant to 1 CMC §§ 1401 et. seq., authorizes the Municipality of Tinian and Aguiguan Islands “to adopt rules and regulations for the regulation, control and licensing of dogs on the islands of Tinian and Aguiguan.” 10 CMC § 2804. TLL 12-1 requires that the regulations provide for “the licensing of all dogs, licensing fees, storage and handling fees for any dogs picked up by the municipality, a minimum holding period before disposal of unclaimed dogs” and “capture of stray and unlicensed dogs, charging of fees and disposal of unclaimed dogs.” 10 CMC § 2804(a) and (b).

 

In June 2006, the Mayor of Tinian and Aguiguan adopted the regulations set forth in this subchapter to “insure the protection of dogs that are kept as pets and properly cared for as well as provide funding for the caging and disposal of stray, feral and unwanted dogs.” 28 Com. Reg. 25709 (May 19, 2006).

 

Part 001 -       General Provisions

 

§ 170-20.1-001            Authority

 

The regulations in this subchapter are promulgated by the Mayor of Tinian and Aguiguan pursuant to the authority granted by Tinian Local Law 12-1.

 

Modified, 1 CMC § 3806(d).

 

History: Adopted 28 Com. Reg. 25882 (June 19, 2006); Proposed 28 Com. Reg. 25707 (May 19, 2006).

 

§ 170-20.1-005            Purpose

 

The regulations in this subchapter are intended to provide a process to license properly owned and cared for dogs that are kept as pets on the islands of Tinian and Aguiguan; to control and cull feral dogs that may be damaging to the environment, dangerous to persons or to endangered species or a public nuisance on the islands of Tinian and Aguiguan; to cage stray unlicensed and/or feral dogs and to establish a humane manner of disposal of those dogs which remain unclaimed.

 

Modified, 1 CMC § 3806(d).

 

History: Adopted 28 Com. Reg. 25882 (June 19, 2006); Proposed 28 Com. Reg. 25707 (May 19, 2006).

 

Commission Comment: The Commission created the title for part 001.

 

§ 170-20.1-010            Definitions

 

(a)        “Dog” means any animal of the genus canis.

 

(b)        “Stray dog” means any unlicensed dog.

 

(c)        “Feral dogs” mean dogs that have become wild, have no license or home, and who primarily live off the land or in populated areas from garbage and handouts.

 

(d)       “License” means a visible tag on a collar affixed to a dog’s neck and acquired from DLNR upon proper application and payment.

 

(e)        “Humane disposal” means any method of euthanasia of a dog that is painless and lacking in cruelty.

 

(f)        “Cage or caging” means the control of unlicensed dogs by placing in a cage or other place of confinement.

 

Modified, 1 CMC § 3806(f), (g).

 

History: Emergency and Proposed 28 Com. Reg. 26191 (Oct. 30, 2006) (effective for 120 days from Oct. 17, 2006); Adopted 28 Com. Reg. 25882 (June 19, 2006); Proposed 28 Com. Reg. 25707 (May 19, 2006).

 

Commission Comment: The Commission removed the colon and added the quotation marks around each definition in all subsections. The Commission changed “Feral dog: means dogs” to “‘Feral dogs’ mean dogs” to correct manifest errors in subsection (c). The Commission inserted a comma after the word “home” in subsection (c) pursuant to 1 CMC § 3806(g).

 

Part 100 -       Process for Licensed and Unlicensed Dogs; Fees

 

§ 170-20.1-101            Licensing

 

(a)        All dogs that are kept as pets by any persons or persons on the islands of Tinian and Aguiguan shall be licensed by DLNR. Such license may be acquired from the office of DLNR on Tinian upon filling out an application that shall include:

(1)        The name,

(2)        Breed and/or description of the dog, including name, sex, and color,

(3)        The name of the dog’s owner, and

(4)        The mailing address, and

(5)        Telephone number, if any, as well as

(6)        The dog and owner’s physical location on the island.

 

(b)        DLNR shall issue a metal tag which shall have stamped on it the name of the dog and its owner and the telephone number, if any, of the owner. If no telephone, the tag shall have the owner’s mailing address stamped thereupon. Such tags shall be affixed to the dog by means of a collar on the dog’s neck.

 

(c)        The fee for such license shall be $7.50, paid either by check, money order, or cash. If check or money order, it shall be made out to the Tinian Municipal Treasurer. The license shall be renewed annually, twelve months from date of issue. The annual renewal fee shall be $5.00.

 

Modified, 1 CMC § 3806(e), (g).

 

History: Emergency and Proposed 28 Com. Reg. 26191 (Oct. 30, 2006) (effective for 120 days from Oct. 17, 2006); Adopted 28 Com. Reg. 25882 (June 19, 2006); Proposed 28 Com. Reg. 25707 (May 19, 2006).

 

Commission Comment: The Commission designated subsections (a), (a)(1)-(6), (b), and (c), which were not designated in the original. The Commission removed the comma from the first sentence and inserted the colon in subsection (a). The Commission inserted the commas in subsections (a)(3), and (a)(4). The Commission changed “it’s” to “its” in subsection (b). The Commission inserted a comma after the word “order” in subsection (c) pursuant to 1 CMC § 3806(g).

 

The Commission created the title for part 100.

 

§ 170-20.1-105            Caging and Manner of Claiming Unlicensed Dogs

 

All dogs, not licensed within three months of the date of execution of the regulations in this subchapter shall be captured by DLNR, caged, and held at an appropriate location. The dog’s description and the place of capture shall be prominently posted at the caging location for five calendar days. If a person wishes to claim any such caged dog within that period, they may do so upon paying the licensing fee and otherwise complying with this subchapter. DLNR shall feed and water caged dogs in a proper and healthful manner.

 

Modified, 1 CMC § 3806(d), (e).

 

History: Emergency and Proposed 28 Com. Reg. 26191 (Oct. 30, 2006) (effective for 120 days from Oct. 17, 2006); Adopted 28 Com. Reg. 25882 (June 19, 2006); Proposed 28 Com. Reg. 25707 (May 19, 2006).

 

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

 

§ 170-20.1-110            Disposal of Unclaimed Dogs

 

All dogs which remain unclaimed shall be disposed of by DLNR in a humane manner approved by PAWS or by the Human Society of America.

 

History: Emergency and Proposed 28 Com. Reg. 26191 (Oct. 30, 2006) (effective for 120 days from Oct. 17, 2006); Adopted 28 Com. Reg. 25882 (June 19, 2006); Proposed 28 Com. Reg. 25707 (May 19, 2006).

 

§ 170-20.1-115            Disposition of Fees

 

All monies collected for licensing by DLNR shall be transmitted to the Tinian municipal treasurer who shall maintain such funds in a separate account and shall be appropriated and used solely for the expenses associated with the regulations in this subchapter by DLNR. Such funds shall be available without fiscal year limitation.

 

Modified, 1 CMC § 3806(d), (f).

 

History: Emergency and Proposed 28 Com. Reg. 26191 (Oct. 30, 2006) (effective for 120 days from Oct. 17, 2006); Adopted 28 Com. Reg. 25882 (June 19, 2006); Proposed 28 Com. Reg. 25707 (May 19, 2006).

 

Part 200 -       Miscellaneous Provisions

 

§ 170-20.1-201            Severability

 

If any provision of this subchapter is 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).

 

History: Emergency and Proposed 28 Com. Reg. 26191 (Oct. 30, 2006) (effective for 120 days from Oct. 17, 2006); Adopted 28 Com. Reg. 25882 (June 19, 2006); Proposed 28 Com. Reg. 25707 (May 19, 2006).

 

Commission Comment: The Commission created the title for part 200.


 

 

SUBCHAPTER 170-20.2

RULES AND REGULATIONS OF THE TINIAN MUNICIPAL CEMETERY

 


Part 001          General Provisions

§ 170-20.2-001            Purpose

§ 170-20.2-005            Definitions

§ 170-20.2-010            Establishment

§ 170-20.2-015            Proclamation

§ 170-20.2-020            Administration

§ 170-20.2-025            Map

§ 170-20.2-030            Hours of Operation

§ 170-20.2-035            Co-ordination with Other Agencies

 

Part 100          Construction

§ 170-20.2-101            Buildings and Construction

§ 170-20.2-105            Prior Construction

 

Part 200          Interment

§ 170-20.2-201            Notification

§ 170-20.2-205            Site Selection

§ 170-20.2-210            Funeral and Other Processions

§ 170-20.2-215            Grave Opening/Closing

§ 170-20.2-220            Disinterment

 

Part 300          Grave Specifications

§ 170-20.2-301            Plot Size

§ 170-20.2-305            Number of Interments Per Plot

§ 170-20.2-310            Monuments and Markers

§ 170-20.2-315            Adornments

 

Part 400          Maintenance

§ 170-20.2-401            General and Landscaping

§ 170-20.2-405            Individual Grave Maintenance

§ 170-20.2-410            Utilities

 

Part 500          Rules and Enforcement

§ 170-20.2-501            Prohibitions

§ 170-20.2-505            Disclaimer and Penalties

§ 170-20.2-510            Entry and Exit

§ 170-20.2-515            Decorations

§ 170-20.2-520            Trash

§ 170-20.2-525            Access

§ 170-20.2-530            Monument Repair

§ 170-20.2-535            Rule Modifications

§ 170-20.2-540            Infractions

§ 170-20.2-545            Crimes

 

Part 600          Appeals

§ 170-20.2-601            Appeals

 

Part 700          Fees

§ 170-20.2-701            Fees

§ 170-20.2-705            Revolving Fund

§ 170-20.2-710            Disposition of Fees

 

Part 800          Miscellaneous Provisions

§ 170-20.2-801            Severability


 

Subchapter Authority: Tinian Local Law 15-4.

 

Subchapter History: Adopted 29 Com. Reg. 27945 (Dec. 18, 2007); Emergency and Proposed 29 Com. Reg. 26702 (Sept. 17, 2007).

 

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).

 

The Tinian municipal cemetery was owned and managed by the Department of Public Lands until 2007. Tinian Local Law 15-4 (effective Jan. 18, 2007) transferred ownership of the cemetery to the Tinian Mayor’s Office and empowered it to promulgate rules and regulations to supervise ground maintenance, coordination of burial activities, and further improvements, in coordination with the Department of Public Health.

 

Part 001 -       General Provisions

 

§ 170-20.2-001            Purpose

 

For the mutual protection of Plot-Holders and the cemetery as a whole, the following rules and regulations are hereby established for the Tinian Municipal Cemetery. All persons visiting or having business in the cemetery will be expected to abide by such rules and regulations as herein enacted and as hereafter amended, which are intended to assist in maintaining this cemetery as a peaceful and beautiful area as well as a reverent symbol of respect for the dead.

 

History: Adopted 29 Com. Reg. 27945 (Dec. 18, 2007); Emergency and Proposed 29 Com. Reg. 26702 (Sept. 17, 2007).

 

§ 170-20.2-005            Definitions

 

(a)        “Mayor” means the Mayor of the Municipality of Tinian and Aguiguan, CNMI.

 

(b)        “Person” means any individual, estate, corporation, company, joint venture, association, partnership, trust, receiver, club, syndicate, cooperative association, or any other entity.

 

(c)        “Cemetery” means a burial park for earth interments, a community or individual vault for crypt interments, a crematory or crematorium and columbarium for cinerary interments or a combination of these.

 

(d)       “Plot/Grave” means a space of sufficient size (approximately 5’ x 10’ vault; 6’ x 12’ tomb) to accommodate one adult interment or appropriately downsized for a child’s interment.

 

(e)        “Monument Plot means a plot/grave space to which approximately two feet has been added in length to accommodate a properly installed above ground monument.

 

(f)        “Family Tomb/Vault” means a free standing “mausoleum type” structure provided for burial of a number of family members.

 

(g)        “Interment” means the disposition of the remains of a deceased person by burial, entombment, or cremation and inurnment.

 

(h)        “Memorial” includes a monument, marker, tablet, headstone, tombstone, coping, fence, gate, lot enclosure, urn or crypt and niche place.

 

(i)         “Monument” means a tombstone or memorial of granite, marble, or other permanent material, which shall extend above the surface of the ground and be properly installed.

 

(j)         “Marker” means a memorial flush with the ground and properly installed.

 

(k)        “Certificate of Right to Bury” means the original conveyance given by the Mayor’s Office to a person of a right to human burial. The land where burial takes place remains under municipal ownership.

 

(l)         “Management” means the person(s) duly assigned by the Mayor or his/her designee for the purpose of conducting business and administering the cemetery.

 

(m)       “Cemetery Office” means the main office maintained for cemetery affairs at the location specified by the Mayor.

 

(n)        “General Care” means the ordinary upkeep of the land and surroundings of the cemetery, which may be subject to an annual fee.

 

(o)        “Perpetual Care” means the future perpetual upkeep, repair and general good maintenance of a tomb or mausoleum area by the Mayor’s Office.

 

(p)        “Annual Dues” means an amount assessed yearly by the Mayor from each non-perpetual care plot holder in order to assist with upkeep.

 

(q)        “Plot Holder” means the person(s) named in the certificate of right to bury as having the use of burial space(s) for right to human burial or the heirs and assigns of said person(s) or other family or care-taker of the plot.

 

History: Adopted 29 Com. Reg. 27945 (Dec. 18, 2007); Emergency and Proposed 29 Com. Reg. 26702 (Sept. 17, 2007).

 

Commission Comment: The paragraphs of this section were undesignated in the original regulation. The Commission designated them as subsections (a) through (q) pursuant to 1 CMC § 3806(a). The Commission corrected the capitalization of terms defined pursuant to 1 CMC § 3806(f). The Commission struck an extraneous “0” from subsection (d) pursuant to 1 CMC § 3806(g). The Commission inserted commas after the words “associates” in subsection (b) and “marble” in subsection (i) pursuant to 1 CMC § 3806(g).

 

§ 170-20.1-010            Establishment

 

There is hereby established within the Office of the Mayor a Division of Cemetery management. Said division shall be incorporated within the Municipal Department of Parks and Recreation and the Municipal Cemetery shall be considered a Municipal Park for purposes of maintenance and regulations enforcement.

 

History: Adopted 29 Com. Reg. 27945 (Dec. 18, 2007); Emergency and Proposed 29 Com. Reg. 26702 (Sept. 17, 2007).

 

Commission Comment: This section was written as an introduction to section 3 of the original regulation. The Commission moved it to a separate section pursuant to 1 CMC § 3806(a).

 

§ 170-20.2-015            Proclamation

 

Due to the similarity of cemetery grounds to that of a park, the Mayor may, by proclamation, establish the Tinian Municipal Cemetery as a municipal park thereby extending all the additional rules and regulations of the Municipal Park Unit to the Cemetery.

 

History: Adopted 29 Com. Reg. 27945 (Dec. 18, 2007); Emergency and Proposed 29 Com. Reg. 26702 (Sept. 17, 2007).

 

Commission Comment: The Commission corrected the capitalization of the words “cemetery” and “municipal park” pursuant to 1 CMC § 3806(f).

 

§ 170-20.2-020            Administration

 

(a)        The Mayor shall assign at least one person as supervisor and coordinator of this division who shall have full authority to manage the day to day operation and management of the Tinian Municipal Cemetery.

 

(b)        All operational procedures necessary for the maintenance and care of said cemetery shall be assigned to and carried out by the M.O.T. Municipal Park Unit personnel.

 

(c)        The Mayor may establish fees and other costs to carry out the policies and procedures of these regulations. Said fees and costs may be incorporated by reference to these regulations and shall be so stated by amendment to part 700 herein.

 

History: Adopted 29 Com. Reg. 27945 (Dec. 18, 2007); Emergency and Proposed 29 Com. Reg. 26702 (Sept. 17, 2007).

 

Commission Comment: The Commission substituted section numbers pursuant to 1 CMC § 3806(d). This section was written as the introduction and subsections (b) and (c) of section 3.2 of the original regulation. The Commission designated this section’s paragraphs and moved former subsection (a) to section 170-20.2-025 pursuant to 1 CMC § 3806(a). The Commission struck the figure “1” from subsection (a) pursuant to 1 CMC § 3806(e).

 

§ 170-20.2-025            Map

 

Within thirty days of the establishment of these regulations, the designated Cemetery Supervisor shall establish a plat or map of the entire cemetery grounds which plat or map shall indicate current plot locations, buildings, roads, easements, utilities, or any other item whatsoever located on the grounds. Said plat or map shall also indicate the proposed and future use of all areas of the cemetery grounds not already in use and shall include necessary access roads, easements, utilities, and future plot or building locations.

 

(a)        The plat or map shall be approved by the Mayor in consultation with the Municipal Council.

(b)        The plat or map shall be available for review by the public at a location established by the Mayor and Municipal Council.

(c)        The plat or map shall be continuously updated by the Cemetery Supervisor as changes occur within the cemetery.

 

History: Adopted 29 Com. Reg. 27945 (Dec. 18, 2007); Emergency and Proposed 29 Com. Reg. 26702 (Sept. 17, 2007).

 

Commission Comment: This section was written as subsection 3.3(a) of the initial regulation. The Commission moved it to a separate section pursuant to 1 CMC § 3806(a). The Commission struck the figure “30” from the initial paragraph pursuant to 1 CMC § 3806(e). The Commission inserted commas after the word “utilities” in the initial paragraph pursuant to 1 CMC § 3806(g).

 

§ 170-20.2-030            Hours of Operation

 

The Municipal Cemetery shall remain open to the public throughout the year from sunrise until sunset. No person may enter the cemetery at any time other than these established hours of operation except by written permission of the Mayor or Cemetery Supervisor.

 

History: Adopted 29 Com. Reg. 27945 (Dec. 18, 2007); Emergency and Proposed 29 Com. Reg. 26702 (Sept. 17, 2007).

 

Commission Comment: The Commission moved section 3.4 of the initial regulation to section 170-20.2-101 pursuant to 1 CMC § 3806(a).

 

§ 170-20.2-035            Co-ordination with Other Agencies

 

(a)        No other agency, entity or person may commence any activity within the Municipal Cemetery until the Mayor or his/her designee or Cemetery Supervisor shall have been consulted. The Mayor, his/her designee or the Cemetery Supervisor reserves the right to refuse to allow any activity that is deemed to be harmful or diminish the beauty and peace of the cemetery or cause a disruption to the normal operation of the cemetery. See “appeals” in section 11*.

 

(b)        The Mayor, or his/her designee and the Cemetery Supervisor shall maintain any permits or other permissions required by any other CNMI or federal agency, including but not limited to, the CNMI Department of Health (BEH) and shall adhere to all requirements of other agencies as necessary for interment, disinterment, or other cemetery activities.

 

* So in original. See Commission Comment.

 

History: Adopted 29 Com. Reg. 27945 (Dec. 18, 2007); Emergency and Proposed 29 Com. Reg. 26702 (Sept. 17, 2007).

 

Commission Comment: Section 11, referred to in subsection (a), does not exist in the initial regulation. The section entitled “Appeals” was located at section 10 and is codified at section 170-20.2-601.

 

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

 

Part 100 -       Construction

 

§ 170-20.2-101            Buildings and Construction

 

(a)        The following rights and privileges are hereby expressly reserved to the Mayor to be exercised at any time or from time to time in perpetuity for the erection of buildings, or for any purpose or use connected with, incidental to, or convenient for the care of, preservation of, or preparation for the disposal or interment of dead human bodies or other cemetery purposes; to wit: to resurvey, enlarge, diminish, re-plot, alter in shape or size, or otherwise to change all or any part or portion of the cemetery; or to layout, establish, close, eliminate or otherwise modify or change the location of roads, walks or drives, provided ingress and egress to and from any plot is preserved or allocated to the plot-holder.

 

(b)        The following rights and privileges are hereby expressly reserved to the Mayor to be exercised at any time or from time to time in perpetuity; to wit: easements and rights-of-way over and through all of said cemetery premises for the purpose of installing, maintaining and operating pipelines, conduits or drains for sprinklers, drainage, electric or communications lines or for any other cemetery purpose.

 

(c)        No easement or right of interment is granted to any plot-holder in any road, drive, or walk within the cemetery, but such road, drive, or walk may be used as a means of access to the cemetery and its buildings as long as the Mayor devotes such road, drive, or walk to that purpose and it is being used during hours of opening as defined.

 

History: Adopted 29 Com. Reg. 27945 (Dec. 18, 2007); Emergency and Proposed 29 Com. Reg. 26702 (Sept. 17, 2007).

 

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

 

The Commission created the title for part 100.

 

§ 170-20.2-105            Prior Construction

 

All plot sites, buildings, memorials or other structures, plantings, or other items comprising that portion of the Tinian Cemetery currently containing burials shall not be subject to removal or alteration of any such items within the area pursuit to these regulations, but shall be subject to these rules and regulations for any future changes, alterations, or construction, or interments and no future additional interments, alterations, or construction shall occur within this area unless in compliance with these rules and regulations.

 

History: Adopted 29 Com. Reg. 27945 (Dec. 18, 2007); Emergency and Proposed 29 Com. Reg. 26702 (Sept. 17, 2007).

 

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

 

Part 200 -       Interment

 

§ 170-20.2-201            Notification

 

(a)        The Mayor or Cemetery Supervisor shall have the right to request those wishing to select a burial place or arrange for an interment to call, e-mail, send by facsimile, or appear in person at the Mayor’s Office during office hours at least 72 hours before interment a request for the right to inter or bury a deceased person at the Tinian Municipal Cemetery.

 

(b)        Sufficient documentation must be presented either through a certificate of right to bury or church or other records for the burial to proceed. Cemetery management shall not be liable for delay where such documentation is not available.

 

(c)        The Mayor reserves the right to refuse interment in a burial place in which there has been a previous interment. In preparing for an interment in a previously used burial space, management shall have the right to remove and dispose of old caskets and remains unless otherwise instructed by the plot-holder.

 

(d)       The Mayor reserves the right to refuse an interment when previous burials have used all the available space or the casket is too large for the available space.

 

History: Adopted 29 Com. Reg. 27945 (Dec. 18, 2007); Emergency and Proposed 29 Com. Reg. 26702 (Sept. 17, 2007).

 

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

 

§ 170-20.2-205            Site Selection

 

The selection of the plot for any particular interment shall be at the discretion of the Cemetery Supervisor. The Cemetery Supervisor shall select interment plots in a sequential manner and in consultation with the requestor such that internal “open” spaces that cannot be reached by suitable equipment for subsequent interments will not be created.

 

History: Adopted 29 Com. Reg. 27945 (Dec. 18, 2007); Emergency and Proposed 29 Com. Reg. 26702 (Sept. 17, 2007).

 

§ 170-20.2-210            Funeral and Other Processions

 

(a)        Funeral processions, or any other organized procession, upon entering the cemetery shall be under the control and subject to the direction of the Cemetery Supervisor.

 

(b)        Once a casket is within the confines of the cemetery, no one shall be permitted to open the casket or touch the body without an order of a court or explicit permission of the Cemetery Supervisor or other controlling authority.

 

History: Adopted 29 Com. Reg. 27945 (Dec. 18, 2007); Emergency and Proposed 29 Com. Reg. 26702 (Sept. 17, 2007).

 

Commission Comment: The paragraphs of this section were undesignated in the original regulation. The Commission designated them as subsections (a) and (b) pursuant to 1 CMC § 3806(a).

 

§ 170-20.2-215            Grave Opening/Closing

 

(a)        The Cemetery Supervisor or someone so designated by the Cemetery Supervisor is in complete charge of every interment. No grave shall be opened or filled or refilled except under the direction of the Cemetery Supervisor or his/her designee. The Municipality shall not be responsible for the opening or closing of any grave.

 

(b)        There shall be a two feet head space maintained as undisturbed ground for each adult size plot (see section 170-20.2-301) for placement of any monument or marker. The grave plot shall be opened using only the eight feet remainder of the plot length and shall be opened to a depth that allows for a minimum of six feet of earth from the top of the intended burial casket or deeper if future burials are anticipated in the same plot (see section 170-20.2-305).

 

History: Adopted 29 Com. Reg. 27945 (Dec. 18, 2007); Emergency and Proposed 29 Com. Reg. 26702 (Sept. 17, 2007).

 

Commission Comment: The paragraphs of this section were undesignated in the original regulation. The Commission designated them as subsections (a) and (b) pursuant to 1 CMC § 3806(a). The Commission substituted section numbers pursuant to 1 CMC § 3806(d). The Commission struck the figures “2”, “8,” and “6” from subsection (b) pursuant to 1 CMC § 3806(e).

 

§ 170-20.2-220            Disinterment

 

(a)        Disinterment may be made at reasonable times at the discretion of the Cemetery Supervisor. The written order of the plot-holder or his/her legal representative, or an order from competent authority in compliance with law must be given.

 

(b)        Disinterment by the plot-holder for personal reasons shall be carried out by the plot-holder and all applicable CNMI or local regulations shall be followed and such disinterment shall be under the supervision of the Cemetery Supervisor or other required authority.

 

(c)        If the Municipality is ordered to carry out a disinterment by competent authority, the Municipality shall exercise the utmost care in carrying out the disinterment, but it assumes no liability for damage to any casket, burial receptacle, or any other property during the disinterment process.

 

History: Adopted 29 Com. Reg. 27945 (Dec. 18, 2007); Emergency and Proposed 29 Com. Reg. 26702 (Sept. 17, 2007).

 

Commission Comment: The paragraphs of this section were undesignated in the original regulation. The Commission designated them as subsections (a) through (c) pursuant to 1 CMC § 3806(a). The Commission inserted a comma after the word “receptacle” in subsection (c) pursuant to 1 CMC § 3806(g).

 

Part 300 -       Grave Specifications

 

§ 170-20.2-301            Plot Size

 

(a)        The standard plot size for adults shall be no more than five feet by ten feet.

 

(b)        The standard plot size for infants or innocents shall be no more than four feet by five feet.

 

(c)        There shall be a minimum three feet space between any two plots.

 

(d)       Plots of larger sizes in anticipation of multiple family burials may be awarded on a case by case basis at the discretion of the Cemetery Supervisor in consultation with the Mayor and Municipal Council.

 

History: Adopted 29 Com. Reg. 27945 (Dec. 18, 2007); Emergency and Proposed 29 Com. Reg. 26702 (Sept. 17, 2007).

 

Commission Comment: The paragraphs of this section were undesignated in the original regulation. The Commission designated them as subsections (a) through (d) pursuant to 1 CMC § 3806(a). The Commission struck the figures “5” and “10” from subsection (a), “4” and “5” from subsection (b), and “3” from subsection (c) pursuant to 1 CMC § 3806(e). The Commission inserted a period at the end of subsection (c) pursuant to 1 CMC § 3806(g).

 

 

§ 170-20.2-305            Number of Interments Per Plot

 

(a)        One interment only shall be allowed in a casket except a parent with his/her infant child or two children buried at the same time. Not more than one casket is allowed in a grave except when prior arrangements for such space specifically provides for such.

 

(b)        The interment of a casket may be allowed on top of an already interred casket provided the initial burial was at sufficient depth to allow a minimum of six additional feet of earth, measured from the bottom of the second casket, and at least ten years shall have elapsed between burials.

 

(c)        The interment of up to four cremate remains may be allowed in a single standard adult plot and two cremate remains in an infant or innocents plot. Such cremate remains shall be enclosed in a secure enclosure of either metal or concrete and shall be of no greater size than two cubic feet of internal dimension. No waiting period is required between interments of cremate remains.

 

(d)       Up to two cremate remains may be interred in the same plot as a previous casket interment provided the initial interment was at a depth sufficient to allow a minimum of five additional feet of earth, measured from the bottom of the cremate remains container, and at least five years shall have elapsed between burials.

 

History: Adopted 29 Com. Reg. 27945 (Dec. 18, 2007); Emergency and Proposed 29 Com. Reg. 26702 (Sept. 17, 2007).

 

Commission Comment: The paragraphs of this section were undesignated in the original regulation. The Commission designated them as subsections (a) through (d) pursuant to 1 CMC § 3806(a). The Commission struck the figures “6” and “10” from subsection (b), “4” and “2” from subsection (c), and “2” and “5” from subsection (d) pursuant to 1 CMC § 3806(e).

 

§ 170-20.2-310            Monuments and Markers

 

(a)        Only one grave marker or monument per plot will be permitted on the grave. This marker shall be at the head of the grave. To avoid possible misunderstanding and difficulty, persons should clear proposed monument and marker plans with the Cemetery Supervisor. Otherwise, these memorials may not conform to the rules and regulations of the cemetery and may, therefore, not be permitted. The cemetery staff has he* right to remove or have removed any marker, monument, tree, shrub, or any object that is in the space the grave is to be dug or in an area that prohibits digging the grave or that is erected without conformity to these regulations or without excepted permission of the Cemetery Supervisor or Mayor pursuant to procedures of sections 170-20.2-540 and 170-20.2-545.

 

(b)        No raised marker or monument shall be placed closer than four feet from any other raised marker or monument.

 

(c)        Fences, hedges, coping, installed seating, stone, or gravel shall not be permitted around the perimeter of burial spaces or within the burial space.

 

(d)       All monuments must either be flush with the ground or be at least four inches (4”) in height. The base for all flush monuments or upright markers must correspond as closely as possible to the contour of the existing soil surface. No monument may be installed in such a fashion that it extends beyond the boundaries of the designated plot, grave, or headspace that will interfere with future grave openings or the movement of the cemetery maintenance equipment or personnel.

 

(e)        Monuments and/or foundations may not be wider than 80% of the width of its corresponding plot and may not be more than 24” from the front to back (12 inches in the case of an infant or innocents plot) and may not extend more than three feet above the mean soil surface. Small ornamentations such as crosses, markers, or other adornments may be placed at the top of the monument with an overall height restriction of four feet from the mean soil surface and may not occupy more than 10% of the monument’s top.

 

(f)        Monuments may not be larger than the base. By request, exceptions may be made on larger plots in areas of the cemetery that will not interfere with the opening of graves or the movement of equipment.

 

(g)        Polished bases or monuments polished to the ground are not recommended, and the Municipality of Tinian and Aguiguan or its employees assume no liability for actual damages in the performance of normal maintenance operations.

 

(h)        The setting of monuments and the transportation of all tools, materials, etc, within the cemetery grounds shall be subject to the supervision and control of the Cemetery Supervisor. No unnecessary damage to the existing turf will be allowed, and all debris is to be removed from the cemetery except soil or sand. Excess soil or sand must either be removed from the cemetery or may be placed in the cemetery stockpile. It may not be used to fill in low areas or distributed on adjacent lots.

 

(i)         Heavy trucking will not be permitted within the cemetery when, in the opinion of the Cemetery Supervisor, such work might cause damage to the grounds or driveways. Once begun, all monument and stone work is to be completed and any accumulated debris is to be removed from the site within a seven-day period. All work must be done during regular cemetery hours of operation, unless by special permission from the Cemetery Supervisor.

 

(j)         Stone work or monuments of any sort, once established in Tinian Municipal Cemetery, may not be removed except by permission of the Cemetery Supervisor.

 

(k)        Vaults or mausoleums are not permitted on plots less than 400 square feet and the portion of the plot occupied by the building shall not exceed 25%. In no case will permission be given to set the building nearer to the plot line than five feet. Where the vault or mausoleum exceeds five feet in height, the setback shall be five feet plus one foot for each additional foot or fraction thereof in height.

 

(l)         All applications for permission to erect such structures shall be made in writing to the Cemetery Supervisor. Complete plans and specifications of the proposed construction, including details of materials, workmanship, method of construction, etc., shall accompany such an application, and the approval of the Building Safety Division of the Department of Public Works for the CNMI shall be obtained before any construction work is begun. The Municipality of Tinian and Aguiguan reserves the right to prohibit the erection of any structure that is not considered to be safe, suitable, desirable, or appropriate to the cemetery.

 

(m)       Before any vault or mausoleum may be erected, the plot-holder shall pay the Municipality an amount of not less than ten percent of the cost of the structure. Check is to be made payable to the Municipal Treasurer and submitted to the Municipal Treasury, and will be used by the Municipality for the future care and maintenance of the cemetery and grounds. Vaults and mausoleums may be placed only on such plots considered to be appropriate for said purpose by the Cemetery Supervisor.

 

(n)        A temporary grave or plot marker used at the time of interment shall not remain in place for longer than three months after interment. If not removed by the plot-holder, the cemetery maintenance staff shall remove same and dispose of it in any manner necessary if it becomes deteriorated in any way.

 

* So in original.

 

History: Adopted 29 Com. Reg. 27945 (Dec. 18, 2007); Emergency and Proposed 29 Com. Reg. 26702 (Sept. 17, 2007).

 

Commission Comment: The paragraphs of this section were undesignated in the original regulation. The Commission designated them as subsections (a) through (n) pursuant to 1 CMC § 3806(a). The Commission substituted section numbers pursuant to 1 CMC § 3806(d). The Commission corrected the capitalization of the word “cemetery” in subsection (c), (f), (h), and (i) pursuant to 1 CMC § 3806(f). The Commission struck the figures “3” and “4” from subsection (e), “5” from subsection (k), “10%” from subsection (m), and “3” from subsection (n) pursuant to 1 CMC § 3806(e). The Commission inserted commas after the words “shrub” in subsection (a), “stone” in subsection (c), “grave” in subsection (d), “markers” in subsection (e), and “desirable” in subsection (l) pursuant to 1 CMC § 3806(g).

 

§ 170-20.2-315            Adornments

 

(a)        Floral pieces will be removed without notice when they become unsightly. Plot owners desiring to retain floral pieces must remove them within 48 hours after any interment or other display period.

 

(b)        Adjustable receptacles of a type approved by the Cemetery Supervisor may be used to hold flowers. The placing of boxes, jars, bottles, or any other receptacle other than an approved type container are prohibited and will be removed. No rocks, wires, or sticks are allowed, except for the period beginning the Saturday before Memorial Day and within 48 hours of proceedings for All Souls Day, but will be removed before the following Saturday.

 

(c)        Artificial flowers, potted plants and grave decorations are not permitted unless they are in a raised vase or marker, or in the opinion of the staff they do not interfere with mowing the grass or upkeep of the grounds.

 

(d)       Fresh cut flowers are permitted in a vase any time. No planting or any type of plant material or digging or disturbing sod within the cemetery will be permitted. Any flowers, plants, or decorations will be removed if, in the opinion of the Cemetery Supervisor, they become unsightly or detrimental.

 

History: Adopted 29 Com. Reg. 27945 (Dec. 18, 2007); Emergency and Proposed 29 Com. Reg. 26702 (Sept. 17, 2007).

 

Commission Comment: The paragraphs of this section were undesignated in the original regulation. The Commission designated them as subsections (a) through (d) pursuant to 1 CMC § 3806(a). The Commission inserted commas after the words “bottles” and “wires” in subsection (a) and “plants” in subsection (d) pursuant to 1 CMC § 3806(g).

 

Part 400 -       Maintenance

 

§ 170-20.2-401            General and Landscaping

 

The Mayor’s Office maintenance department shall be responsible for the cemetery’s general grounds maintenance and landscaping. Such maintenance shall be performed on a routine basis such that the common areas of the cemetery are kept free of unsightly overgrowth or other growth detrimental to the overall appearance of the cemetery. Common areas of the cemetery include all spaces between burial plots, road and path ways, unoccupied grounds and fences, gates and borders.

 

History: Adopted 29 Com. Reg. 27945 (Dec. 18, 2007); Emergency and Proposed 29 Com. Reg. 26702 (Sept. 17, 2007).

 

§ 170-20.2-405            Individual Grave Maintenance

 

The plot or mausoleum space shall not be used for any purpose other than a place of burial for human remains.

 

(a)        No trees, shrubs or plantings of any type may be placed within the plot or adjacent there-unto without the written permission of the Mayor or Cemetery Supervisor. If any such are placed there by the plot-holder or his/her heirs without written permission of the Mayor or Cemetery Supervisor, then said Mayor or Cemetery Supervisor shall have the right to remove such trees, shrubs or plantings.

 

(b)        It is the duty and responsibility of the plot-holder to maintain their plot and memorial. In the event of default, the Mayor or Cemetery Supervisor reserves and shall have the right (at the expense of the plot-holder and as a charge against said plot) to remove all trees, shrubs, and plantings from the plot as necessary. In the event of default for maintenance to memorials or any other object of embellishment, the Mayor or Cemetery Supervisor shall have the right (at the expense of the plot-holder and as a charge against said plot) to repair or remove any memorial which has become unsightly, dangerous, or dilapidated. Prior to undertaking or causing to be executed any such work, the Mayor or Cemetery Supervisor shall notify the plot-holder at the address on record. The Mayor or Cemetery Supervisor reserves and shall have the right to refuse to permit further interments in the plot until all monies due the cemetery for such services shall have been paid by the plot-holder.

 

(c)        Any work necessary as a result of acts of God, common enemy, thieves, vandals, strikers, malicious mischief makers, explosions, unavoidable accidents, invasions, war, riots, insurrections, the elements, or other conditions or circumstances which render some immediate work necessary in order to protect the public or adjacent property or in the event municipal, health, or police authorities have ordered such work, then and in those events, it shall not be necessary to advise plot-holder or his/her assign or successor, and in all events plot-holder shall be responsible for all work done or damage sustained.

 

(d)       Description of plots/spaces shall be in accordance with the plats/records which are kept on file in the office of the Mayor or other designated office.

 

(e)        Costs for interment and general upkeep of the plot/family tomb and memorial or mausoleum are the responsibility of the plot-holder/heirs.

 

History: Adopted 29 Com. Reg. 27945 (Dec. 18, 2007); Emergency and Proposed 29 Com. Reg. 26702 (Sept. 17, 2007).

 

Commission Comment: The Commission inserted commas after the words “dangerous” and “shrubs” in subsection (b) and “elements” and “health” in subsection (c) pursuant to 1 CMC § 3806(g).

 

§ 170-20.2-415            Utilities

 

All utility services within the cemetery shall be supplied only at strategic locations as determined by the Mayor or Cemetery Supervisor and shall be for exclusive use during the conduct of authorized cemetery activities. No individual utility service or connections will be permitted.

 

History: Adopted 29 Com. Reg. 27945 (Dec. 18, 2007); Emergency and Proposed 29 Com. Reg. 26702 (Sept. 17, 2007).

 

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

 

Part 500 -       Rules and Enforcement

 

§ 170-20.2-501            Prohibitions

 

The following actions are prohibited within the Tinian Municipal Cemetery:

 

(a)        No person may drive any motor vehicle of any kind in any cemetery except upon the main roads and avenues provided therein for vehicular traffic. Excluded from this prohibition are any types of equipment necessary for grave preparation or monument setting. No person may drive any motor vehicle or park any motor vehicle in any cemetery unless in attendance at burial services or otherwise engaged in activities consistent with the use of the cemetery.

 

(b)        No person may take any dog (unless on a leash), horse, or other animal into the Tinian Municipal Cemetery or allow any animal to run at large therein.

 

(c)        No person may post or attach any bills, posters, placards, pictures, or any form of political or commercial advertising within the cemetery or on the inside or outside of any wall or fence enclosing the cemetery.

 

(d)       No person may pick any flower or damage or harm any plant or lawn area within the cemetery.

 

(e)        No person shall walk upon or across lots or lawns unless it is necessary to gain access to a particular plot.

 

(f)        Bicycles, motorcycles, motorbikes, and all terrain vehicles are prohibited within the cemetery.

 

(g)        No person shall discard any article in the cemetery.

 

(h)        The bringing of firearms into the cemetery, except by military or police escort or by an authorized officer of the Department of Public Safety while in the course of his/her duties, is prohibited. The discharge of, or carrying of, any offensive weapon, such as bow and arrow, air rifles, slingshots, or the hurling of rocks or pellets, is strictly prohibited.

 

History: Adopted 29 Com. Reg. 27945 (Dec. 18, 2007); Emergency and Proposed 29 Com. Reg. 26702 (Sept. 17, 2007).

 

Commission Comment: The Commission corrected the capitalization of the word “cemetery” in subsections (f), (g), and (h) pursuant to 1 CMC § 3806(f).

 

§ 170-20.2-505            Disclaimer and Penalties

 

(a)        The Municipality of Tinian and Aguiguan disclaims responsibility for property damage or any injury sustained by any person violating these rules.

 

(b)        The cemetery grounds are sacred and devoted to the burial of the dead. Provisions and penalties of the law, as provided by statute, will be enforced in all cases of wanton injury, disturbance, or disregard of these rules and regulations.

 

History: Adopted 29 Com. Reg. 27945 (Dec. 18, 2007); Emergency and Proposed 29 Com. Reg. 26702 (Sept. 17, 2007).

 

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

 

§ 170-20.2-510            Entry and Exit

 

Visitors within the cemetery shall use only the roads, drives, and walks allotted by the cemetery for ingress and egress. The Mayor or Cemetery Supervisor expressly disclaims liability for any injuries or harm sustained by anyone violating these rules.

 

History: Adopted 29 Com. Reg. 27945 (Dec. 18, 2007); Emergency and Proposed 29 Com. Reg. 26702 (Sept. 17, 2007).

 

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

 

§ 170-20.2-515            Decorations

 

(a)        The Mayor or Cemetery Supervisor reserves the right to regulate the method of decorations of plots so that uniform beauty may be maintained. All flower vases, if allowed, must be installed with the approval of the Mayor or Cemetery Supervisor. Regulations may also be made concerning type of floral tributes.

 

(b)        The Mayor or Cemetery Supervisor reserves the right to demand and/or arrange the removal of any flowers, vases, and floral designs. If floral frames are not called for by those lawfully entitled to them within ten days after placement, the Mayor or Cemetery Supervisor may remove and dispose of them in any manner they see fit.

 

History: Adopted 29 Com. Reg. 27945 (Dec. 18, 2007); Emergency and Proposed 29 Com. Reg. 26702 (Sept. 17, 2007).

 

Commission Comment: The Commission inserted a comma after the word “vases” in subsection (b) pursuant to 1 CMC § 3806(g). The Commission struck the figure “10” from subsection (b) pursuant to 1 CMC § 3806(e). The Commission titled this section.

 

§ 170-20.2-520            Trash

 

Throwing of rubbish, flowers, weeds, and other trash on roads, drives, paths, walks, or any part of the grounds or in the buildings is prohibited. Receptacles for such trash are to be located at convenient places in the cemetery. Large trash and construction debris must be hauled from the cemetery by the contractor or owner.

 

History: Adopted 29 Com. Reg. 27945 (Dec. 18, 2007); Emergency and Proposed 29 Com. Reg. 26702 (Sept. 17, 2007).

 

Commission Comment: The Commission inserted commas after the words “weeds” and “walks” pursuant to 1 CMC § 3806(g). The Commission titled this section.

 

§ 170-20.2-525            Access

 

Access to the cemetery shall be limited to hours of operation as established and posted by the Mayor or Cemetery Supervisor. These apply even if the cemetery lacks a gate or fence.

 

History: Adopted 29 Com. Reg. 27945 (Dec. 18, 2007); Emergency and Proposed 29 Com. Reg. 26702 (Sept. 17, 2007).

 

§ 170-20.2-530            Monument Repair

 

If any monument or marker in the Municipality’s cemetery at any time becomes unsafe, unsightly, or in need or repair or resetting, the Mayor or Cemetery Supervisor shall attempt to notify the plot-holder of the relevant plot of such condition and shall request such person to make any needed repairs. This does not mean that the Municipality is obligated to place, replace, or repair any monument or marker in the Municipality’s Cemetery even though case by case repair is considered.

 

History: Adopted 29 Com. Reg. 27945 (Dec. 18, 2007); Emergency and Proposed 29 Com. Reg. 26702 (Sept. 17, 2007).

 

§ 170-20.2-535            Rule Modifications

 

The Mayor or Cemetery Supervisor reserves the right, without notice, to make exceptions, suspensions, or modifications in any of these rules or regulations when, in their judgment, the same appears advisable; and such exceptions, suspensions, or modifications shall in no way be considered as affecting the general application of such rule to others.

 

History: Adopted 29 Com. Reg. 27945 (Dec. 18, 2007); Emergency and Proposed 29 Com. Reg. 26702 (Sept. 17, 2007).

 

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

 

§ 170-20.2-540            Infractions

 

Whenever the Mayor or the Cemetery Supervisor determines that there has been an infraction of rules or requirements as stated in part 200, part 300, part 400, or sections 170-20.2-505 to 170-20.2-535 or subsection thereof, the procedures listed below shall be followed:

 

(a)        Record and document infractions of these rules and regulations.

 

(b)        Notify plot-holder or other person of the infraction along with options available for correction by regular mail.

 

(c)        Allow fourteen days from the date the notice was mailed for compliance or appeal to the Mayor.

 

(d)       Removal of the items that constitute the infraction by the plot-holder, other person, or the Municipality within ten days.

 

History: Adopted 29 Com. Reg. 27945 (Dec. 18, 2007); Emergency and Proposed 29 Com. Reg. 26702 (Sept. 17, 2007).

 

Commission Comment: The Commission substituted section numbers pursuant to 1 CMC § 3806(d). The Commission inserted periods at the ends of subsection (a) and (c) pursuant to 1 CMC § 3806(g). The Commission inserted a comma after the word “person” in subsection (d) pursuant to 1 CMC § 3806(g). The Commission struck the figures “14” from subsection (c) and “10” from subsection (d) pursuant to 1 CMC § 3806(f).

 

§ 170-20.2-545            Crimes

 

Whenever the Mayor or the Cemetery Supervisor determines that there has been any criminal activity within the cemetery the procedures listed below shall be followed:

 

(a)        Record and document the criminal activity.

 

(b)        Immediately, or as soon thereafter as practical, notify a Department of Public Safety police officer or other authorized enforcement officer to make an official investigation and report of the infraction.

 

(c)        If the perpetrator of the alleged infraction is apprehended, the person shall be prosecuted in a CNMI court of competent jurisdiction after filing of appropriate charges by the Attorney General of the CNMI.

 

(d)       Officers of the Department of Public Safety, Municipal Park Rangers, or other authorized enforcement officers within, the CNMI or Municipality shall have concurrent powers to enforce these rules and regulations.

 

History: Adopted 29 Com. Reg. 27945 (Dec. 18, 2007); Emergency and Proposed 29 Com. Reg. 26702 (Sept. 17, 2007).

 

Commission Comment: The final paragraph was undesignated in the initial regulation. The Commission designated it as subsection (d) pursuant to 1 CMC § 3806(a). The Commission inserted a comma after the word “Rangers” in subsection (d) pursuant to 1 CMC § 3806(g).

 

§ 170-20.2-601            Appeals

 

(a)        Any person whose request for any action to the Cemetery Supervisor or Mayor has been denied or whosoever believes an unjust action has been taken, may appeal said decision to the Municipal Council who shall have the authority to amend the prior decision, reconsider the request or allow the decision to stand.

 

(b)        Any person deemed guilty of any infraction of these regulations may file an appeal to a CNMI court of competent jurisdiction. In no case shall the Municipality of Tinian and Aguiguan or the officers and staff thereof be held liable for the costs of making such an appeal except in the case where gross negligence has been proven.

 

History: Adopted 29 Com. Reg. 27945 (Dec. 18, 2007); Emergency and Proposed 29 Com. Reg. 26702 (Sept. 17, 2007).

 

Commission Comment: The paragraphs of this section were undesignated in the original regulation. The Commission designated them as subsections (a) and (b) pursuant to 1 CMC § 3806(a).

 

Part 700 -       Fees

 

§ 170-20.2-701            Fees

 

[Reserved.]

 

History: Adopted 29 Com. Reg. 27945 (Dec. 18, 2007); Emergency and Proposed 29 Com. Reg. 26702 (Sept. 17, 2007).

 

§ 170-20.2-705            Revolving Fund

 

[Reserved.]

 

History: Adopted 29 Com. Reg. 27945 (Dec. 18, 2007); Emergency and Proposed 29 Com. Reg. 26702 (Sept. 17, 2007).

 

§ 170-20.2-710            Disposition of Fees

 

[Reserved.]

 

History: Adopted 29 Com. Reg. 27945 (Dec. 18, 2007); Emergency and Proposed 29 Com. Reg. 26702 (Sept. 17, 2007).

 

Part 800 -       Miscellaneous Provisions

 

§ 170-20.2-801            Miscellaneous Provisions

 

If any provision of these regulations or the application of any such provision to any person or circumstance should be held invalid by a court of competent jurisdiction, the validity of the remainder of the regulations or the application of their provisions to any persons or circumstances other than those to which it is held invalid shall not be affected thereby.

 

History: Adopted 29 Com. Reg. 27945 (Dec. 18, 2007); Emergency and Proposed 29 Com. Reg. 26702 (Sept. 17, 2007).


 

 

SUBCHAPTER 170-20.3

TINIAN MUNICIPAL IDENTIFICATION CARD PROGRAM

 


Part 001          General Provisions

§ 170-20.3-001            Purpose

§ 170-20.3-005            Definitions

§ 170-20.3-010            Establishment

§ 170-20.3-015            Applicability

§ 170-20.3-020            Memorandum of Understanding (MOU); Homeland Security

§ 170-20.3-025            Motor Vehicle/Identification Card Database

 

Part 100          Application

§ 170-20.3-101            Application for Original Tinian Personal Identification Card

§ 170-20.3-105            Minimum Issuance Standards

§ 170-20.3-110            Minimum Document Requirements

§ 170-20.3-115            Evidence of Lawful Status

 

Part 200          Verification and Security

§ 170-20.3-201            Verification of Documents

§ 170-20.3-205            Other Requirements

§ 170-20.3-210            I.D. Card Security Authentication Features

§ 170-20.3-215            Personnel Bonding Requirements

§ 170-20.3-220            Personnel Training Requirements

§ 170-20.3-225            Equipment and Equipment Security

 

Part 300          Contents of Card

§ 170-20.3-301            I.D. Card Data Entry Requirements

§ 170-20.3-305            I.D. Card Digital Image and Scanable Data Requirements

§ 170-20.3-310            Permanent Address

§ 170-20.3-315            Expiration Date

§ 170-20.3-320            Advance Health Care Directive

 

Part 400          Alterations and Renewals

§ 170-20.3-401            Application for Alteration or Correction of TPIC

§ 170-20.3-405            Application for Duplicate or Renewal of TPIC

 

Part 500          Fees

§ 170-20.3-501            Fees

§ 170-20.3-505            Establishment of Revolving Fund

§ 170-20.3-510            Disposition of Fees and Penalties

 

Part 600          Enforcement

§ 170-20.3-601            Prohibition

§ 170-20.3-605            Penalties

§ 170-20.3-610            Enforcement

 

Part 700          Miscellaneous Provisions

§ 170-20.3-701            Record Keeping

§ 170-20.3-705            Disclaimer

§ 170-20.3-710            Severability


 

Subchapter Authority: 10 CMC §§ 20201-20207.

 

Subchapter History: Adopted 29 Com. Reg. 27155 (Oct. 17, 2007); Proposed 29 Com. Reg. 26851 (Sept. 17, 2007).

 

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).

 

Tinian Local Law 15-2 (effective Dec. 29, 2006), codified at 10 CMC §§ 20201-20207, the “Tinian Identification Card Program Act of 2006,” empowered the Office of the Mayor to issue resident identification cards for residents of Tinian, and to adopt rules and regulations to carry out the intent of the Act.

 

Part 001 -       General Provisions

 

§ 170-20.3-001            Purpose

 

These regulations are promulgated to provide lawful instructions for the issuance of personal identification cards for the residents of Tinian and Aguiguan and to provide for compliance with Commonwealth and other state and federal laws, particularly as required by the federally mandated “REAL ID Act of 2005” in the event federal immigration control is extended to the CNMI.

 

History: Adopted 29 Com. Reg. 27155 (Oct. 17, 2007); Proposed 29 Com. Reg. 26851 (Sept. 17, 2007).

 

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

 

§ 170-20.3-005            Definitions

 

As used in these regulations, the following definitions apply:

 

(a)        “Authentication feature” means any hologram, watermark, certification, symbol, code, image, sequence of numbers or letters, or other feature that either individually or in combination with another feature is used by the issuing authority on an identification document, document-making implement, or means of identification to determine if the document is counterfeit, altered, or otherwise falsified.

 

(b)        “Document-making implement” means any implement, impression, template, computer file, computer disc, electronic device, or computer hardware or software, that is specifically configured or primarily used for making an identification document, a false identification document, or another document-making implement.

 

(c)        “Identification document” means a document made or issued by or under the authority of the United States government, a state (including any territory of the United States), a political subdivision of a state, a foreign government, a political subdivision of a foreign government, an international governmental or an international quasigovernmental organization which, when completed with information concerning a particular individual, is of a type intended or commonly accepted for the purpose of identification of individuals.

 

(d)       “False identification document” means a document of a type intended or commonly accepted for the purposes of identification of individuals that:

(1)        Is not issued by or under the authority of a governmental entity but was subsequently altered for purposes of deceit; and

(2)        Appears to be issued by or under the authority of the United States government, a state (or territory), a political subdivision of a state, a foreign government, a political subdivision of a foreign government, an international governmental or an international quasi-governmental organization.

 

(e)        “False authentication feature” means an authentication feature that:

(1)        is genuine in origin, but, without the authorization of the issuing authority, has been tampered with or altered for purposes of deceit;

(2)        is genuine, but has been distributed, or is intended for distribution, without the authorization of the issuing authority and not in connection with a lawfully made identification document, document-making implement, or means of identification to which such authentication feature is intended to be affixed or embedded by the respective issuing authority; or

(3)        Appears to be genuine, but is not.

 

(f)        “Issuing authority” means any governmental entity or agency that is authorized to issue identification documents, means of identification, or authentication features; and includes the United States government, a state, a political subdivision of a state, a territory of the United States or political subdivision thereof, a foreign government, a political subdivision of a foreign government, an international governmental or an international quasi-governmental organization.

 

(g)        “Mayor” means the Mayor of the chartered Municipality of Tinian and Aguiguan.

 

(h)        “Means of identification” means any name or number that may be used, alone or in conjunction with any other information, to identify a specific individual, including any:

(1)        name, Social Security number, date of birth, official state or government issued driver’s license or identification number, alien registration number, government passport number, employer or taxpayer identification number;

(2)        Unique biometric data, such as a fingerprint, voice print, retina of iris image, or other unique physical representation;

(3)        Unique electronic identification number, address, or routing code; or

(4)        Telecommunication identifying information or access device.

 

(i)         “Person” means any individual, estate, corporation, company, joint venture, association, partnership, trust, receiver, club, syndicate, cooperative association, or any other entity.

 

(j)         “Personal identification card” means an identification document issued by a state or local government solely for the purpose of identification.

 

(k)        “Produce” or “production” means to make and includes alter, authenticate, or assemble.

 

(l)         “TPIC” means “Tinian Personal Identification Card.”

 

(m)       “Transfer” includes selecting an identification document, false identification document, or document-making implement and placing or directing the placement of such identification document, false identification document, or document-making implement on an online location where it is available to others.

 

(n)        “Traffic” means to transport, transfer, or otherwise dispose of, to another, as consideration for anything of value; or, to make or obtain control of with intent to so transport transfer, or otherwise dispose of.

 

History: Adopted 29 Com. Reg. 27155 (Oct. 17, 2007); Proposed 29 Com. Reg. 26851 (Sept. 17, 2007).

 

Commission Comment: The Commission corrected the capitalization of the words “state” in subsections (c), (d), (f), and (j), “territory” in subsection (d) and (f), “and “Social Security” in subsection (h)(1) pursuant to 1 CMC § 3806(f). The Commission inserted commas after the words “association” in subsection (i) and periods at the ends of subsection (h)(4) and (l) pursuant to 1 CMC § 3806(g).

 

§ 170-20.3-010            Establishment

 

(a)        It is hereby established within the Office of the Mayor an “Identification Card Division,” hereinafter referred to as the “division.” Such division may operate as a stand-alone division or incorporated as a separately functioning unit within the mayor’s office at the mayor’s sole discretion in order to utilize personnel and equipment in the most efficient and cost effective manner.

 

(b)        Not less than two capable persons, as determined by the Mayor, may be assigned duties under the division and shall be assigned hours of duty in said division commensurate with the requirements of identification card demand for issuance.

 

(c)        Each of the two assigned persons shall comply with the requirements as set forth in sections 170-20.3-215 and 170-20.3-220 and no other persons shall be allowed to issue or to have access to issuance of any authorized personal identification card, to the equipment or its’ use or to any supplies utilized in the production of said ID cards except as required for procurement of supplies or equipment or the maintenance thereof by a duly authorized technician or certified service person.

 

History: Adopted 29 Com. Reg. 27155 (Oct. 17, 2007); Proposed 29 Com. Reg. 26851 (Sept. 17, 2007).

 

Commission Comment: The paragraphs of this section were undesignated in the original regulation. The Commission designated them as subsections (a) through (c) pursuant to 1 CMC § 3806(a). The Commission substituted section numbers pursuant to 1 CMC § 3806(d). The Commission struck the figure “2” from subsection (b) pursuant to 1 CMC § 3806(e). The Commission corrected the capitalization of the words “identification card” in subsection (b) pursuant to 1 CMC § 3806(f). The Commission moved punctuation inside quotation marks in subsection (a) pursuant to 1 CMC § 3806(g).

 

§ 170-20.3-015            Applicability

 

(a)        Any person so qualified under section 170-20.3-110 shall be entitled to receive a Tinian Personal Identification Card (TPIC). No other person, not so qualified, shall be issued said card under any circumstance.

 

(b)        The Mayor, by public notice issued in conformance with the Administrative Procedures Act (1 CMC 8 9101 et seq.), may designate and so require the use of a Tinian Personal Identification Card as authorization for a person to use municipal facilities, attend municipal events, participate in programs funded by the Municipality, such as, but not limited to, the Tinian Wellness program, scholarship program, Tinian Library, Tinian Gymnasium, any special events, or for any other purpose as required.

 

(c)        The Municipality should be in full compliance with all provisions and requirements of these regulations no later than May 10, 2008 or as mandated by applicability of the federal “REAL ID Act of 2005’” upon any federal extension of immigration requirements to the CNMI.

 

History: Adopted 29 Com. Reg. 27155 (Oct. 17, 2007); Proposed 29 Com. Reg. 26851 (Sept. 17, 2007).

 

Commission Comment: The paragraphs of this section were undesignated in the original regulation. The Commission designated them as subsections (a) through (c) pursuant to 1 CMC § 3806(a). The Commission substituted section numbers pursuant to 1 CMC § 3806(d). The Commission corrected the capitalization of the word “municipal” in subsection (b) and “federal” in subsection (c) pursuant to 1 CMC § 3806(f). The Commission inserted a comma after the word “events” in subsection (b) pursuant to 1 CMC § 3806(g).

 

§ 170-20.3-020            Memorandum of Understanding (MOU); Homeland Security

 

Immediately upon any federal extension of immigration requirements to the CNMI, and prior to the issuance of any valid Tinian Personal Identification Card (TPIC) thereafter, the mayor shall apply to enter into a “memorandum of understanding” (MOU) with the Secretary of Homeland Security to routinely utilize the automated system known as “Systematic Alien Verification for Entitlements” (SAVE), as provided for by section 404 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (110 Stat. 3009-664), to verify the legal presence status of a person, other than a United States citizen, applying for a TPIC. The Mayor shall pay or cause to be paid from the Tinian I.D. Card Revolving Fund account or other municipal funds as necessary, any fees or dues necessary for membership or for service charges as required for the use of the system.

 

History: Adopted 29 Com. Reg. 27155 (Oct. 17, 2007); Proposed 29 Com. Reg. 26851 (Sept. 17, 2007).

 

Commission Comment: The Commission corrected the capitalization of the words “federal,” “citizen,” “Fund,” and “municipal” pursuant to 1 CMC § 3806(f).

 

§ 170-20.3-025            Motor Vehicle/Identification Card Database

 

(a)        Immediately upon any federal extension of immigration requirements to the CNMI, and prior to the issuance of any valid TPIC thereafter, the Mayor shall apply to “American Association of Motor Vehicle Administrators” (AAMVA) by submission of a “Notice of Joinder” thereto or a written declaration of intent to become a member thereto and shall pay, or cause to be paid from the Tinian I.D. Card Revolving Fund account or other municipal funds as necessary, any fees or dues thereto.

 

(b)        Specifically, the Municipality shall comply with the requirements of the “Driver License Agreement” (DLA) as a program of the AAMVA that also provides for database, security and other requirements in the issuance of personal identification cards and, further, constitutes compliance with the federal mandate to participate in such inter-state information sharing within those parts of the United States under federal immigration control.

 

History: Adopted 29 Com. Reg. 27155 (Oct. 17, 2007); Proposed 29 Com. Reg. 26851 (Sept. 17, 2007).

 

Commission Comment: The Commission corrected the capitalization of the words “federal” in subsections (a) and (b), “Revolving Fund” and “municipal” in subsection (a), and “immigration” in subsection (b) pursuant to 1 CMC § 3806(f).

 

Part 100 -       Application

 

§ 170-20.3-101            Application for Original Tinian Personal Identification Card

 

Application for an original TPIC shall be made in person at the designated Office of the Mayor and during those hours of operation so posted by said office. Application shall be made in writing on the appropriate form as supplied by said office. The appropriate identification card fee, as set by regulation by the Mayor and as enumerated in section 170-20.3-501 hereto, shall be paid at the time of application and shall be refundable in the event the application is denied.

 

History: Adopted 29 Com. Reg. 27155 (Oct. 17, 2007); Proposed 29 Com. Reg. 26851 (Sept. 17, 2007).

 

Commission Comment: The Commission substituted section numbers pursuant to 1 CMC § 3806(d).

 

§ 170-20.3-105            Minimum Issuance Standards

 

In general, the Municipality shall require at a minimum, presentation and verification of the following information before issuing a TPIC to a person:

 

(a)        A photo identity document as described in section 170-20.3-115.

 

(b)        Proof of the persons’ Social Security account number or verification that the person is not eligible for a Social Security account number as described in section 170-20.3-115(a).

 

(c)        Documentation of a persons’ date of birth as described in section 170-20.3-115(c).

 

(d)       Documentation of a persons’ citizenship as described in section 170-20.3-115(d).

 

(e)        Documentation showing the persons’ name and address of principal residence as described in section 170-20.3-310.

 

History: Adopted 29 Com. Reg. 27155 (Oct. 17, 2007); Proposed 29 Com. Reg. 26851 (Sept. 17, 2007).

 

Commission Comment: The Commission substituted section numbers pursuant to 1 CMC § 3806(d).

 

§ 170-20.3-110            Minimum Document Requirements

 

All applicants shall provide the following supporting documents at the time of application. All of the documents shall be originals or certified copies where an original is not expressly required. A minimum of at least one document in each category required below shall bear an original color photograph of the applicant, except that a non-photo identity document is acceptable if it includes both the applicants’ full legal name and date of bid.

 

(a)        Social Security Number. Original Social Security card or a Social Security health insurance card with an “A” designation after the Social Security number, and;

 

(b)        Legal Name. One of the items described in subparagraphs (b)(1) through (b)(8):

(1)        Certified birth certificate issued by the state or territorial repository in the state or territory where the applicant was born.

(i)         The applicant must provide a computer printout from the Social Security Office to verify the information on the Social Security card and the birth certificate under certain conditions. Some examples of these conditions are situations where the Social Security card does not have a title (Jr., II, III, etc.) and the birth certificate has a title, or where there is a typographical error in the first letter of the surname on the Social Security card, or where the name on the birth certificate has been amended with no indication of the previous name, and the person presents a Social Security card in a different name;

(ii)        Foreign/English translation names: When there is a foreign first name on the birth certificate, the applicant may request to have the English equivalent appear on the TPIC by providing proof of the translated name from a dictionary or other recognized source;

(iii)       Birth certificate in foreign name: when an applicant has adopted the use of an English name prior to 1980 but has not obtained a legal name change, the applicant may request to have the English name appear on the TPIC by presenting a marriage certificate or Social Security printout.

(2)        Certificate of child born abroad to American parent(s).

(3)        Certificate of citizenship or naturalization.

(4)        Alien resident card. If the Alien resident card lists two surnames and the Social Security card lists only one surname, the applicant must provide a Social Security computer printout so that the name can be verified.

(5)        Foreign passport, unexpired, issued by the applicant’s country with a valid visa.

(6)        CNMI issued immigration form 958 or equivalent with departure date.

(7)        Certificate of identity for United States nationals.

(8)        Unexpired United States passport, and;

(9)        As many of the following items in subparagraphs (b)(9)(i) through (b)(9)(v), which apply to the applicant:

(i)         Certified marriage certificate issued by the CNMI health department, any state health department, or other entity authorized to issue such certificates in the country where the event occurred.

(ii)        Certified copy of divorce decree, especially if there is a resumption of surname clause.

(iii)       Certified copy of decree of legal adoption.

(iv)       Certified decree or order of legal name change.

(v)        Certified marriage annulment, and;

 

(c)        Proof of Birthdate. One of the following items in subparagraphs (c)(1) through (c)(7):

(1)        Certified birth certificate issued by the state or territorial repository in the state or territory where the applicant was born.

(2)        Certified certificate of child born abroad to American parent(s).

(3)        Original certificate of citizenship or naturalization.

(4)        Original alien resident card.

(5)        Original unexpired foreign passport, issued by the applicant’s country, with a valid visa.

(6)        Original CNMI form 958, 706K or other certified CNMI immigration status card with departure date.

(7)        Original, unexpired United States passport, and;

 

(d)       Proof of Citizenship.

(1)        United States citizen: one of the following items described in (d)(1)(i) to (d)(i)(vi):

(i)         Certified birth certificate.

(ii)        Certificate of citizenship or naturalization.

(iii)       Certificate of child born abroad to American parent(s).

(iv)       United States embassy letter for persons born in a foreign country that indicates their petition for United States citizenship has been granted, along with a United States passport.

(v)        Form G-342 issued by the Bureau of U. S. Citizenship and Immigration Services (USCIS).

(vi)       Unexpired United States passport.

(2)        United States National: Birth certificate with certificate of identity; or

(3)        Non United States citizen: one of the following items described in (d)(3)(i) to (d)(3)(v) below:

(i)         Alien resident card issued by the Bureau of U.S. Citizenship and Immigration Services (USCIS).

(ii)        A passport or certificate of citizenship for the country for which the applicant claims citizenship, if the applicant presents an alien resident card but claims citizenship other than of the country of birth.

(iii)       Foreign passport issued by the applicants’ country, with valid visa and I-94 card, Form 1-20 or Form IAP or any such CNMI Department of Immigration issued entry permit or status form.

(iv)       I-94 card for refugees or any authorized CNMI Department of Immigration card or form with employment authorization.

(v)        Form G-342 issued by the Bureau of U.S. Citizenship and Immigration Services (USCIS).

 

History: Adopted 29 Com. Reg. 27155 (Oct. 17, 2007); Proposed 29 Com. Reg. 26851 (Sept. 17, 2007).

 

Commission Comment: The Commission corrected the capitalization of the words “Social Security” in subsections (a) and (b)(4), “one” in subsection (b), “state”, “territory,” and “territorial” in subsection (b)(1) and (c)(1), “nationals” in subsection (b)(7), “department” and “state” in subsection (b)(9)(i), and “birth” in subsection (c)(1) pursuant to 1 CMC § 3806(f). The Commission inserted a period at the end of subsection (d)(3)(iii) pursuant to 1 CMC § 3806(g).

 

§ 170-20.3-115            Evidence of Lawful Status

 

(a)        United States citizen: any proof of United States citizenship, as indicated in any of the subparagraphs of section 170-20.3-110 above, shall be considered as proof of lawful status.

 

(b)        Non-United States citizen: Any Bureau of U. S. Citizenship and Immigration Services (USCIS) valid entry document, and any CNMI Department of Immigration valid entry document as indicated in any subparagraph in section 170-20.3-110 above, upon verification with the source agency, shall be considered as proof of lawful status.

 

History: Adopted 29 Com. Reg. 27155 (Oct. 17, 2007); Proposed 29 Com. Reg. 26851 (Sept. 17, 2007).

 

Commission Comment: The Commission substituted section numbers pursuant to 1 CMC § 3806(d). The Commission corrected the capitalization of the word “citizen” in subsection (a) and (b) pursuant to 1 CMC § 3806(f).

 

Part 200 -       Verification and Security

 

§ 170-20.3-201            Verification of Documents

 

(a)        Before issuing a TPIC to a person, the Municipality shall verify, with the issuing agency, the issuance, validity, and completeness of each document required to be presented by the person under sections 170-20.3-105, 170-20.3-110, and 170-20.3-115 above, except that verification shall not be required for any valid unexpired passport.

 

(b)        The Municipality shall not accept any foreign document, other than an official passport to satisfy any of the above requirements.

 

History: Adopted 29 Com. Reg. 27155 (Oct. 17, 2007); Proposed 29 Com. Reg. 26851 (Sept. 17, 2007).

 

Commission Comment: The Commission substituted section numbers pursuant to 1 CMC § 3806(d).

 

§ 170-20.3-205            Other Requirements

 

The Municipality shall adopt the following practices in the issuance of TPIC:

 

(a)        Employ technology to capture digital images of identity source documents so that the images can be retained in electronic storage in a transferable format.

 

(b)        Subject each person applying for an identification card to mandatory facial image capture.

 

(c)        Establish an effective procedure to confirm or verify a renewing applicants’ information.

 

(d)       Confirm with the Social Security Administration a Social Security account number presented by a person using the full Social Security account number. In the event that a Social Security account number is already registered to or associated with another person to which any state or other authorized entity has issued a driver’s license or identification card, the Municipality shall resolve the discrepancy and take appropriate action.

 

(e)        Limit the period of validity of all identification cards that are not temporary to a period that does not exceed 3 years.

 

(f)        In any case in which the Municipality issues an identification card that does not satisfy all of the requirements of these regulations upon any federal extension of immigration requirements to the CNMI, ensure that such identification card:

(1)        Clearly states on its face that it may not be accepted by any federal agency for federal identification or any other official purpose; and

(2)        Uses a unique design or color indicator to alert federal agency and other law enforcement personnel that it may not be accepted for any such purpose. (Color to be established by federal authorities).

 

(g)        Upon federal extension of immigration requirements to the CNMI, provide electronic access to all other states or territories to information contained in the identification card database of the Municipality as soon as thereafter practical.

 

(h)        Maintain a municipal identification card database that contains, at a minimum:

(1)        All data fields printed on identification cards issued by the Municipality; and

(2)        A record of identification card revocation for cause, suspension or expirations.

 

History: Adopted 29 Com. Reg. 27155 (Oct. 17, 2007); Proposed 29 Com. Reg. 26851 (Sept. 17, 2007).

 

Commission Comment: The Commission corrected the capitalization of the words “Social Security” in subsection (d), “state” in subsections (d) and (g), “federal” in subsections (f), (f)(1), (f)(2), and (g), “clearly” and “uses” in subsections (f)(1) and (f)(2), “state” and “territories” in subsection (g), “municipal” in subsection (h), and “all” in subsection (h)(1).

 

This section was section 12 of the original regulation, and the section that follows was section 15. Sections 13 and 14 were codified as sections 170-20.3-301 and 170-20.3-305.

 

§ 170-20.3-210            I.D. Card Security Authentication Features

 

At least one physical security authentication feature designed to prevent tampering, counterfeiting, or duplication of the TPIC for fraudulent purposes shall be incorporated in the production of the PIC.

 

History: Adopted 29 Com. Reg. 27155 (Oct. 17, 2007); Proposed 29 Com. Reg. 26851 (Sept. 17, 2007).

 

 

§ 170-20.3-215            Personnel Bonding Requirements

 

The Municipality shall subject all persons authorized to manufacture or produce identification cards to appropriate security clearance and/or police clearance requirements at the CNMI and, if required, at U.S. national levels.

 

History: Adopted 29 Com. Reg. 27155 (Oct. 17, 2007); Proposed 29 Com. Reg. 26851 (Sept. 17, 2007).

 

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

 

§ 170-20.3-220            Personnel Training Requirements

 

The Municipality shall establish a fraudulent document recognition training program for appropriate employees engaged in the issuance of identification cards with an appropriate training institute or training service.

 

History: Adopted 29 Com. Reg. 27155 (Oct. 17, 2007); Proposed 29 Com. Reg. 26851 (Sept. 17, 2007).

 

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

 

§ 170-20.3-225            Equipment and Equipment Security

 

(a)(1)   All equipment used in the production of any TPIC shall conform to nationally recognized standards of identification cards. The equipment shall be computer driven and utilize a standard software program specifically designed for the production of identification cards and capable of entry for all data fields required, capture of digital images, imprinting of scanable reader codes, double sided card printing and incorporating security authentication features into the card. At a minimum, the equipment shall consist of the following basic parts:

(i)         Dual sided card printer able to accept ultracard III polycards;

(ii)        Standard desktop computer and monitor;

(iii)       Software program specific to the production of identification cards and able to maintain a secure, sequential database of all cards issued;

(iv)       Video camera with stop image capability;

(v)        A suitable signature capture pad.

(2)        Material supplies shall include, at a minimum:

(i)         Ultracard III polyvinyl base material of at least 30 mil thickness;

(ii)        Color printing ribbon - 5 panel, YMCKK minimum;

(iii)       Holographic overlay film with imprinted 3 level hologram of suitable design.

 

(b)        All production equipment and material supplies shall be kept isolated from all other office equipment and supplies and shall be secured in such a manner that no unauthorized person(s) shall have access thereto or be able to operate said equipment or utilize any such supplies for any other purpose.

 

History: Adopted 29 Com. Reg. 27155 (Oct. 17, 2007); Proposed 29 Com. Reg. 26851 (Sept. 17, 2007).

 

Commission Comment: The paragraphs of this section were undesignated in the original regulation. The Commission designated them as subsections (a) and (b) pursuant to 1 CMC § 3806(a). The Commission inserted punctuation at the ends of subsections (a)(1)(i) through (a)(1)(v) and (a)(2)(i) through (a)(2)(iii) pursuant to 1 CMC § 3806(g).

 

Part 300 -       Contents of Card

 

§ 170-20.3-301            I.D. Card Data Entry Requirements

 

Any TPIC issued by the Municipality of Tinian and Aguiguan shall bear at least the following minimum information and/or data fields. Additional fields may be entered as required by the Mayor.

 

(a)        The persons’ full legal name;

 

(b)        The persons’ date of birth;

 

(c)        The persons’ place of birth;

 

(d)       The persons’ gender;

 

(e)        A unique identification card number;

 

(f)        A digital photograph of the person;

 

(g)        The persons’ address of principal residence;

 

(h)        The Persons’ signature;

 

(i)         The persons’ citizenship

 

(j)         The signature of the Mayor or designee for the issuing authority, except that said signature may be an electronically reproduced digital representation or facsimile.

 

History: Adopted 29 Com. Reg. 27155 (Oct. 17, 2007); Proposed 29 Com. Reg. 26851 (Sept. 17, 2007).

 

Commission Comment: The Commission corrected the capitalization of the word “persons” in subsections (d) and (h) pursuant to 1 CMC § 3806(f).

 

§ 170-20.3-305            I.D. Card Digital Image and Scanable Data Requirements

 

(a)        A digital full color photograph of the applicant on the TPIC at a position so specified by the Mayor. Such photograph shall be captured by digital stop-action photography methods incorporated into the card issuing equipment. Said photograph shall be rendered at the time it is imprinted on the TPIC. Such photographic image shall not be less than 1 inch by 1 inch in size.

 

(b)        A common machine-readable technology, with defined minimum data elements so as to comply with machine data readers commonly employed by United States or state government agencies shall be encoded onto the back surface of the TPIC and in such location as required by such data readers.

 

History: Adopted 29 Com. Reg. 27155 (Oct. 17, 2007); Proposed 29 Com. Reg. 26851 (Sept. 17, 2007).

 

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

 

§ 170-20.3-310            Permanent Address

 

The TPIC shall include the applicants’ permanent address. If there is a question about the applicants’ permanent address, an applicants’ permanent address will be determined by one or more of the following as required by the receiving clerk of the established ID Card Office to satisfactorily establish a permanent address:

 

(a)        CNMI Department of Revenue and Taxation form OS-3805, application for tax clearance, having been executed by the appropriate revenue officer, and indicating an address of the applicant.

 

(b)        Current house or apartment rental agreement valid for six months or more and the applicant must be physically residing in said unit.

 

(c)        Current CNMI utility bill with the applicants’ name and mailing address.

 

(d)       The preceding years’ CNMI 1040CM form with W-2 form, or

 

(e)        For an individual claiming that the individual had no income to file a tax return and is receiving CNMI welfare assistance benefits, a letter from the CNMI department or agency administering said benefits and dated not more than 90 days prior to the application for a TPIC certifying that the individual is receiving CNMI assistance and residing at the permanent address to which it was delivered.

 

History: Adopted 29 Com. Reg. 27155 (Oct. 17, 2007); Proposed 29 Com. Reg. 26851 (Sept. 17, 2007).

 

Commission Comment: The Commission struck the figure “6” from subsection (b) pursuant to 1 CMC § 3806(e).

 

§ 170-20.3-315            Expiration Date

 

(a)        Notwithstanding the provisions of sections 170-20.3-020, 170-20.3-025, 170-20.3-205, and 170-20.3-315, and any other section, any TPIC issued to a Tinian resident prior to fulfillment by the Municipality of all requirements of all sections of these regulations occurring after any federal extension of immigration requirements to the CNMI, must bear an expiration date no later than May 10, 2008. See also sections 170-20.3-205(f)(1) and 170-20.3-205(f)(2) for further requirements.

(1)        If extension of federal immigration requirements to the CNMI occurs after May 10, 2008, all TPICs having been issued prior to this date and bearing any expiration date after May 10, 2008, shall expire on the holders next birthday of record that occurs after the imposition of federal immigration control regardless of the assigned expiration date.

(2)        All holders of such expiring cards shall be notified no less than one month (30 days) prior to their next birthday that their TPIC must be renewed.

 

(b)        In general, except as noted below, TPICs shall expire two years from the year of issuance on the applicant’s birthday.

(1)        TPIC issued for any minor U. S. citizen (under the age of 18) shall expire one year from the year of issuance on the applicants’ birthday. In the case where an applicant’s next birthday of record occurs less than six months after the application is approved, the expiration date shall be the following birthday of record, but in no case longer than one year and six months.

(2)        TPIC issued to any senior U. S. citizen (over the age of 65) shall expire three years from the year of issuance on the applicants’ birthday.

(3)        TPIC issued for individuals covered under the Compact of Free Association and lawfully residing on Tinian shall expire two years from the year of issuance on the applicants’ birthday.

(4)        TPIC issued for United States citizens temporarily residing on Tinian for a term of not less than six months shall expire on the date of termination of their reason for the temporary residence or contract, whichever is later, but in no case for longer than two years from the year of issuance on the applicants’ birthday.

(5)        TPIC issued for lawfully residing alien contract workers shall expire on the same expiration date as the expiration date of their authorized legal term of contract work as noted on any CNMI or US issued entry/departure document. Lawful residence on Tinian must be for a term of not less than six months.

(6)        TPIC issued for aliens who enter the CNMI and lawfully reside on Tinian and entry has been made as fiancé/fiancée status or status other than as a “contract” worker shall expire on the date that said status expires as noted on appropriate CNMI immigration forms or a date on which the applicant changes their status (i.e.: to Immediate Relative) and at such time the applicant may apply for a new TPIC.

(i)         TPIC issued under subsections (b)(5) and (b)(6) above shall be considered “temporary” and in no case shall the expiration date exceed one year.

(ii)        A temporary TPIC shall clearly indicate that it is temporary and shall clearly state the date on which it expires.

 

History: Adopted 29 Com. Reg. 27155 (Oct. 17, 2007); Proposed 29 Com. Reg. 26851 (Sept. 17, 2007).

 

Commission Comment: The paragraphs of this section were undesignated in the original regulation. The Commission designated them as subsections (a) and (b) pursuant to 1 CMC § 3806 (a). The Commission substituted section numbers pursuant to 1 CMC § 3806(d). The Commission corrected the capitalization of the words “federal” and “after” in subsections (a) and (a)(1) and “Compact of Free Association” in subsection (b)(3) pursuant to 1 CMC § 3806(f). The Commission struck the figures “1” and “6” from subsection (b)(1), “3” from subsection (b)(2), “2” form subsection (b)(3), “6” and “2” from subsection (b)(4), “6” from subsection (b)(5), and “1” from subsection (b)(6)(i) pursuant to 1 CMC § 3806(e).

 

This section was designated as section 22 of the original regulation, and the section that follows was designated as section 24. Section 23 is codified as section 170-20.3-701.

 

§ 170-20.3-320            Advance Health Care Directive

 

Any TPIC holder who has an advance health-care directive may choose to have the TPIC issued with a symbol or abbreviation indicating that the TPIC holder has an individual instruction in writing, a living will, or a durable power of attorney for health care decisions. Organ donor status, a health alert notice, and blood type may also be voluntarily included.

 

History: Adopted 29 Com. Reg. 27155 (Oct. 17, 2007); Proposed 29 Com. Reg. 26851 (Sept. 17, 2007).

 

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

 

Part 400 -       Application for Alternation or Correction of TPIC

 

All persons desiring to alter their TPIC shall follow the procedures as outlined in sections 170-20.3-101 through 170-20.3-201 for an original application.

 

(a)        For those persons desiring alteration based on a change in citizenship status, proof of the new citizenship shall be presented. For a new United States citizen, a United States certificate of naturalization or certificate of citizenship shall be presented.

 

(b)        For those persons desiring alteration of their TPIC based on a change of sex, a medical document certifying the completion of a sex change or other certified document indicating the same shall be presented.

 

(c)        Persons applying for correction of an error on a TPIC shall produce the original TPIC and at least one document as required in section 170-20.3-110 to verify identity. In addition, documented evidence shall be presented by the applicant pertaining to that item of information on the TPIC to be corrected.

 

(d)       No fee shall be assessed for a replacement card if the correction is requested within 30 days of the issuance of the original card. If the correction is requested more than 30 days after the original card was issued, the applicable fee will be assessed as provided in section 170-20.3-501.

 

History: Adopted 29 Com. Reg. 27155 (Oct. 17, 2007); Proposed 29 Com. Reg. 26851 (Sept. 17, 2007).

 

Commission Comment: The Commission substituted section numbers pursuant to 1 CMC § 3806(d).

 

§ 170-20.3-405            Application for Duplicate or Renewal of TPIC

 

(a)        Persons applying for a duplicate TPIC shall follow the procedures and present the documents as required in sections 170-20.3-101 through 170-20.3-201 for an original application.

 

(b)        Persons applying for renewal of a TPIC with no change in name and citizenship may either present the current TPIC in lieu of presenting supporting documentation required by sections 170-20.3-101 through 170-20.3-201 or present all of the supporting documentation required by sections 170-20.3-101 through 170-20.3-201.

 

History: Adopted 29 Com. Reg. 27155 (Oct. 17, 2007); Proposed 29 Com. Reg. 26851 (Sept. 17, 2007).

 

Commission Comment: The Commission substituted section numbers pursuant to 1 CMC § 3806(d).

 

Part 500 -       Fees

 

§ 170-20.3-501            Fees

 

(a)        The fee for a TPIC for any minor U.S. citizen shall be $8.00.

 

(b)        The fee for a TPIC for any senior U.S. citizen shall be $12.00.

 

(c)        The fee for a TPIC for any U.S. citizen with a legally authorized and documented disability shall be $12.00.

 

(d)       The fee for a “temporary” TPIC for any non-United States citizen shall be $10.00 per year or portion thereof.

 

(e)        The fee for all other TPICs shall be $20.00.

 

History: Adopted 29 Com. Reg. 27155 (Oct. 17, 2007); Proposed 29 Com. Reg. 26851 (Sept. 17, 2007).

 

Commission Comment: The Commission corrected the capitalization of the words “citizen” in subsection (b) and “fee” in subsection (c) pursuant to 1 CMC § 3806(f).

 

§ 170-20.3-505            Establishment of Revolving Fund

 

Tinian Local Law 15-02 established within the Municipal Treasury of the Municipality of Tinian and Aguiguan a revolving fund account for repository of all fees and penalties collected through the application of these regulations.

 

History: Adopted 29 Com. Reg. 27155 (Oct. 17, 2007); Proposed 29 Com. Reg. 26851 (Sept. 17, 2007).

 

§ 170-20.3-510            Disposition of Fees and Penalties

 

All monies collected for licensing and any other fees and penalties collected by the Municipality under provisions of this chapter shall be transmitted to the Tinian Municipal Treasurer who shall maintain such funds in a separate account and such finds shall be appropriated and used solely for expenses associated with these regulations. Such funds shall be available without further appropriation and without fiscal year limitation.

 

History: Adopted 29 Com. Reg. 27155 (Oct. 17, 2007); Proposed 29 Com. Reg. 26851 (Sept. 17, 2007).

 

Part 600 -       Enforcement

 

§ 170-20.3-601            Prohibition

 

(a)        No person shall present any documentation required for the application for a TPIC when that person knows or has reason to believe such documentation is false or contains false or inaccurate information.

 

(b)        No person shall alter or falsify or attempt to falsify any TPIC.

 

(c)        No person shall traffic in the issuance, attempted issuance, or fabrication of any TPIC or the several or composite parts of any TPIC for purposes not authorized by provisions of this subchapter.

 

(d)       No person shall traffic or apply or affix any authentication security feature to any TPIC, whether actual or false, without specific authority granted through these regulations or without proper verification of documentation as required under the provisions of these regulations or in any other manner or condition whatsoever.

 

History: Adopted 29 Com. Reg. 27155 (Oct. 17, 2007); Proposed 29 Com. Reg. 26851 (Sept. 17, 2007).

 

Commission Comment: The paragraphs of this section were undesignated in the original regulation. The Commission designated them as subsections The Commission substituted section numbers pursuant to 1 CMC § 3806(d). The Commission inserted a comma after the word “issuance” in subsection (c) pursuant to 1 CMC § 3806(g).

 

§ 170-20.3-605            Penalties

 

[Reserved.]

 

History: Adopted 29 Com. Reg. 27155 (Oct. 17, 2007); Proposed 29 Com. Reg. 26851 (Sept. 17, 2007).

 

§ 170-20.3-610            Enforcement

 

The Office of the Mayor of Tinian and Aguiguan shall enforce these regulations and any violations thereto by causing such action as reasonably necessary to be brought by and through the Office of the Attorney General of the CNMI in the Superior Court of the CNMI.

 

History: Adopted 29 Com. Reg. 27155 (Oct. 17, 2007); Proposed 29 Com. Reg. 26851 (Sept. 17, 2007).

 

Part 700 -       Miscellaneous Provisions

 

§ 170-20.3-701            Record Keeping

 

(a)        All records, including digital images and scanned documents, generated by electronic means or any other means during the issuance of a TPIC shall be held for a period of not less than ten (10) years.

(a)(1)   Such storage, if in electronic form, shall be transferred to a permanent CD format not less than once each year, or as required by the capacity tolerance of such media and such disc shall be placed in a permanent, secured location within the record keeping section of the Office of the Mayor of the Municipality of Tinian and Aguiguan. Each disc thusly stored shall be labeled as to contents and inclusive dates.

(a)(2) At the end of each days’ operation, all electronic files generated or in process at that time for that day shall be “backed-up” on a temporary electronic disc storage medium to avoid loss of data in case of any malfunction in the primary equipment.

 

(b)        Paper copies of source documents, including application forms and/or verification responses shall be maintained for a minimum of 7 years in a secured location within the record keeping section of the Office of the Mayor of the Municipality of Tinian and Aguiguan.

 

History: Adopted 29 Com. Reg. 27155 (Oct. 17, 2007); Proposed 29 Com. Reg. 26851 (Sept. 17, 2007).

 

Commission Comment: The Commission struck the figure “10” from subsection (a) pursuant to 1 CMC § 3806(e).

 

§ 170-20.3-705            Disclaimer

 

Should any TPIC be fraudulently used, fabricated, or otherwise presented for or under false pretenses or for any false or fraudulent purpose outside the jurisdiction of the Municipality of Tinian and Aguiguan, the authority of the jurisdiction in which the violation occurs shall not be limited by anything contained in these regulations in their authority to bring appropriate charges against any person while within that jurisdiction whether it be federal, state, local, or international.

 

History: Adopted 29 Com. Reg. 27155 (Oct. 17, 2007); Proposed 29 Com. Reg. 26851 (Sept. 17, 2007).

 

Commission Comment: The Commission corrected the capitalization of the words “federal,” “state,” and “international” pursuant to 1 CMC § 3806(f). The Commission inserted commas after the words “fabricated” and “local” pursuant to 1 CMC § 3806(g).

 

§ 170-20.3-710            Severability

 

If any provision of these regulations or the application of any such provision to any person or circumstance should be held invalid by a court of competent jurisdiction, the validity of the remainder of the regulations or the application of their provisions to any persons or circumstances other than those to which it is held invalid shall not be affected thereby.

 

History: Adopted 29 Com. Reg. 27155 (Oct. 17, 2007); Proposed 29 Com. Reg. 26851 (Sept. 17, 2007).


 

SUBCHAPTER 170-20.4

POLICIES AND REGULATIONS OF THE TINIAN MUNICIPAL PARK RANGERS

 


Part 001          General Provisions

§ 170-20.4-001            Purpose

§ 170-20.4-005            Definitions

§ 170-20.4-010            Establishment

§ 170-20.4-015            Duties

§ 170-20.4-020            Record Keeping

§ 170-20.4-025            Admission Fees

 

Part 100          Permits

§ 170-20.4-101            Permit Fees

§ 170-20.4-105            Forms Required

§ 170-20.4-110            Display of Permit

§ 170-20.4-115            Government Groups

 

Part 200          Permit Fees and Security Deposits

§ 170-20.4-201            Exclusive Use Permit Fees and Security Deposits

§ 170-20.4-205            Vendors and Concessionaire User Fees

§ 170-20.4-210            Vendor and Concessionaire Security Deposits

§ 170-20.4-215            Collection of Fees and Deposits

§ 170-20.4-220            Exclusivity

§ 170-20.4-225            First Come, First Serve Rule

§ 170-20.4-230            Executive Authority for Exclusive Events

 

Part 300          Revolving Fund

§ 170-20.4-301            Establishment of Revolving Fund

 

Part 400          Enforcement

§ 170-20.4-401            Prohibition

§ 170-20.4-405            Enforcement

§ 170-20.4-410            Penalties

 

Part 500          Interagency Notification and Coordination

§ 170-20.4-501            Issuance of Permit

§ 170-20.4-505            Fees

§ 170-20.4-510            Official Use

 

Part 600          Miscellaneous Provisions

§ 170-20.4-601            Tickets and Instructions

§ 170-20.4-605            Severability


 

Subchapter Authority: 10 CMC § 2342.

 

Subchapter History: Adopted 29 Com. Reg. 27490 (Nov. 19, 2007); Proposed 29 Com. Reg. 27132 (Oct. 17, 2007).

 

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).

 

Tinian Local Law 15-08 (effective July 17, 2007), the “Tinian and Aguiguan Municipal Park Rangers Act of 2007,” codified at 10 CMC § 2342, creates a park rangers division in the Office of the Mayor of Tinian and Aguiguan, and instructs the Office of the Mayor to adopt rules and regulations as necessary for the proper administration of the division.

 

Part 001 -       General Provisions

 

§ 170-20.4-001            Purpose

 

These regulations are promulgated to provide lawful instructions for the administration of the Tinian Park Rangers Act of 2007 - Tinian Local Law 15-08 [10 CMC § 2342].

 

History: Adopted 29 Com. Reg. 27490 (Nov. 19, 2007); Proposed 29 Com. Reg. 27132 (Oct. 17, 2007).

 

§ 170-20.4-005            Definitions

 

As used in these regulations, the following definitions apply:

 

(a)        “Municipal Park” means an area set apart and designated as a municipal park by the Office of the Mayor of Tinian & Aguiguan including any public facilities located within the boundaries of the park.

 

(b)        “Fund” means the Municipality of Tinian & Aguiguan Municipal Park Rangers fund.

 

(c)        “Recreation Facilities” means all public sports and recreation facilities and outdoor sports and recreation areas and fields and adjoining sports facilities and shall include areas so specified and used for hiking, jogging, nature tours or exhibitions, or any other public use of such a facility so designated by the Mayor.

 

(d)       “Mayor” means the Mayor of Tinian & Aguiguan.

 

(e)        “Person” means any individual, estate, corporation, company, joint venture, association, partnership, trust, receiver, club, syndicate, cooperative association, or any other entity.

 

(f)        “Enforcement Park Ranger” means any person designated by the Mayor from within the ranks of the Division of Municipal Park Rangers and charged with enforcement duties of these regulations.

 

(g)        “Taotao Tinian Fee” means any fee charged for use or service to a local resident of the Municipality of Tinian & Aguiguan which is at a reduced rate from that charged for general admission of all others. Residency can be proven by holding a Tinian Personal Identification Card.

 

History: Adopted 29 Com. Reg. 27490 (Nov. 19, 2007); Proposed 29 Com. Reg. 27132 (Oct. 17, 2007).

 

Commission Comment: The Commission corrected the capitalization of the words “municipal park” in subsection (a) pursuant to 1 CMC § 3806(f). The Commission inserted commas after the words “exhibitions” in subsection (c) and “association” in subsection (e) pursuant to 1 CMC § 3806(g). The Commission inserted a period at the end of subsection (d) pursuant to 1 CMC § 3806(g).

 

§ 170-20.4-010            Establishment

 

(a)        Under authority of Tinian Local Law 15-08, the Mayor of Tinian & Aguiguan hereby creates and establishes within the Office of the Mayor of Tinian & Aguiguan a Division of Municipal Park Rangers. Such unit shall be staffed by personnel selected by the Mayor for their ability to carry out the duties as described in section 170-20.4-015. The Division shall number as required by the Mayor to carry out appropriate management and operation of designated Municipal Parks and shall have, from within its ranks, designated the required number of supervisory, clerical, enforcement and other personnel as necessary and as required and approved by the Mayor.

(1)        The Mayor may select one person to act as director of the unit and as many subordinate supervisors as needed to adequately manage the various subdivisions, as created by the Mayor within the unit.

(2)        The Mayor may select sufficient personnel to handle anticipated administrative duties of the unit.

(3)        The Mayor may select sufficient personnel to handle anticipated general maintenance duties of the unit.

(4)        The Mayor may select sufficient personnel to handle anticipated general construction of facilities and shall assure that selected personnel have the requisite skills for the anticipated construction.

(5)        The Mayor may select sufficient personnel to carry out the enforcement provisions of these regulations.

(i)         Selected personnel may be afforded an appropriate “uniform” which may be designed by the Mayor or his/her designee and which shall be appropriate and uniquely recognizable with appropriate identification paraphernalia such as embroidered patches or badges.

(ii)        Selected personnel shall not be authorized as having “police” powers, nor the authority to carry any weapon and shall be designated as “Enforcement Park Rangers.”

(6)        The Mayor may select additional personnel as needed for specific duties as required to carry out these regulations such as, but not limited to, duly authorized litter control officers, duly authorized and trained life guards (beach areas), equipment operators (if different from maintenance personnel), planning and design personnel, specifically required skills such as electricians or plumbers, and personnel specifically required for the care and maintenance of plants and animals.

 

(b)        The Mayor shall, in consultation with the Municipal Treasurer and Municipal Budget and Planning Officers, set aside appropriate funding to establish the division and maintain personnel to staff required positions and such funding shall become a specific line item budgetary item for each year hereafter.

 

History: Adopted 29 Com. Reg. 27490 (Nov. 19, 2007); Proposed 29 Com. Reg. 27132 (Oct. 17, 2007).

 

Commission Comment: The paragraphs of this section were undesignated in the original regulation. The Commission designated them as subsections (a) and (b) pursuant to 1 CMC § 3806(a). The Commission substituted section numbers pursuant to 1 CMC § 3806(d). The Commission corrected the capitalization of the words “Local Law” in subsection (a) pursuant to 1 CMC § 3806(f). The Commission struck the figure “1” from subsection (a)(1) pursuant to 1 CMC § 3806(e). The Commission inserted commas after the words “enforcement” in subsection (a) and “plumbers” in subsection (a)(6) pursuant to 1 CMC § 3806(g).

 

§ 170-20.4-015            Duties

 

(a)        The Division of Municipal Park Rangers personnel shall, within designated municipal parks:

(1)        Have the care, charge, control, and supervision of municipal parks and the recreational facilities therein.

(2)        Manage, maintain, landscape, and beautify municipal parks and recreational facilities therein.

(3)        Erect and maintain structures, signs, and facilities at municipal parks and recreational facilities for the enjoyment, protection, and safety of CNMI residents and visitors.

(4)        Install, maintain, and operate any equipment that will enhance the operation of facilities within the parks or otherwise control or conserve the natural resources within the parks or eliminate, reduce or transfer the cost of operation of any facility, including, but not limited to, utilities, from the Mayor’s Office to the users of the facility or park.

(5)        Permit the use of municipal parks and recreational facilities by CNMI residents and visitors pursuant to these rules and regulations or specific rules established for any specific municipal park or facility.

(6)        Permit the use of municipal parks and recreational facilities by vendors and concessionaires pursuant to these rules and regulations.

(7)        Collect permit fees and security deposits from concessionaires, vendors, and authorized groups as well as collect reasonable user and permit fees and admission charges from the public or other park users to recover the cost of managing, maintaining, landscaping, and beautifying municipal parks and their recreational facilities as set forth in parts 100 and 200, which fees and other charges shall be deposited into a Municipal Parks and Recreation Fund account with the Treasurer as prescribed in part 300 of these regulations.

(8)        Enforce violations as set forth in section 170-20.4-401 through the use of an appropriate summons (citation) as required by the CNMI Superior Court and as set forth in section 170-20.4-405(e) and with the fines for each violation subject to the amount provided in section 170-20.4-410 of these regulations.

 

(b)        Employees of the Division of Municipal Park Rangers may provide protection and support for facilities, persons, plants, animals, structures, appurtenances, and other items in areas outside of any designated municipal park of the Municipality of Tinian & Aguiguan that is open to public use provided:

(1)        That such presence is needed or desired when other agencies or enforcement units do not have or maintain substantial presence or ability for the protection of the public and facilities within the area such as public beaches or parks, and

(2)        The presence of Division of Municipal Park Ranger employees does not interfere with, overlap, or otherwise infringe upon the duties and activities then currently active or in progress by authorized personnel from other divisions or agencies, and

(3)        In no case shall any Division of Municipal Park Rangers employee be authorized to enforce the regulations or rules of any other agency or division nor shall any part of these regulations be construed or allowed to countermand, overlap, supersede, or reduce the effectiveness or validity of any rules, regulations, or acts of law as used by any other agency or entity at the state or federal level, and

(4)        Any act by any person which may be an illegal act as regulated by any other division, agency, or entity at any higher level whether in a municipal park or other area and that act is observed by any employee of the Division of Municipal Park Rangers, it shall be reported by that municipal employee to appropriate officers or agencies having jurisdiction over the act with appropriate details for action as needed.

 

(c)        By permission and authorization of other agencies having proper jurisdiction over non-municipal park areas, the Division of Municipal Park Rangers may install such equipment as indicated in subsection (a)(4) in non-municipal areas when it is necessary to reduce, defray, or eliminate operational costs borne by the Mayor’s Office in those areas.

 

History: Adopted 29 Com. Reg. 27490 (Nov. 19, 2007); Proposed 29 Com. Reg. 27132 (Oct. 17, 2007).

 

Commission Comment: The Commission substituted section numbers pursuant to 1 CMC § 3806(d). The Commission corrected the capitalization of the words “municipal” and “park” in subsections (a), (a)(1), (a)(2), (a)(3), (a)(5), (a)(6), (a)(7), (b), and (b)(4) and “state” and “federal” in subsection (b)(3) pursuant to 1 CMC § 3806(f). The Commission inserted commas after the words “signs” and “protection in subsection (a)(3), “maintain” in subsection (a)(4), “vendors” and “landscaping” in subsection (a)(7), “appurtenances” in subsection (b), “overlap” in subsection (b)(2), “supersede” and “regulations” in subsection (b)(3), “agency” in subsection (b)(4), and “defray” in subsection (c) pursuant to 1 CMC § 3806(g).

 

§ 170-20.4-020            Record Keeping

 

The supervisor of personnel for the Division of Municipal Park Rangers shall keep appropriate records of all daily activities within the parks, including, but not limited to, construction, development of facilities, wildlife care, general park activities, and visitor information. There shall also be a system in place for recording of admission charges and fees and the deposit of said charges and fees with the Municipal Parks and Recreation fund account.

 

History: Adopted 29 Com. Reg. 27490 (Nov. 19, 2007); Proposed 29 Com. Reg. 27132 (Oct. 17, 2007).

 

§ 170-20.4-025            Admission Fees

 

(a)        Temporary Admission (less than 12 hours) Fee: A fee for temporary admission other than a vendor, concessionaire, or organized government activity of ten or more persons, to any regulated municipal park or portion of a municipal park or facility where the area of admission is a limited access enclosure shall be:

(1)        The fee for admission for any minor (less than 18 years) shall be $2.00.

(2)        The fee for admission for any senior (over 60 years) shall be $3.00.

(3)        The fee for admission for any person with a legally authorized and documented disability shall be $3.00.

(4)        The fee for all other admissions shall be $5.00.

(5)        A Taotao Tinian Fee equal to 50% of the fees in subsections (a)(1) through (a)(4) may be charged for any person showing proof of residency on Tinian or Aguiguan.

 

History: Adopted 29 Com. Reg. 27490 (Nov. 19, 2007); Proposed 29 Com. Reg. 27132 (Oct. 17, 2007).

 

Commission Comment: The Commission struck the figure “10” from subsection (a) pursuant to 1 CMC § 3806(e). The Commission corrected the capitalization of the words “municipal park” in subsection (a) and “fee” in subsection (a)(3) pursuant to 1 CMC § 3806(f). The Commission inserted a comma after the word “concessionaire” in subsection (a) pursuant to 1 CMC § 3806(g).

 

The original regulation did not designate any subsections other than (a).

 

Part 100 -       Permits

 

§ 170-20.4-101            Permit Fees

 

The Mayor or the Division of Municipal Park Rangers may require a person to obtain a permit for the temporary exclusive use of any designated municipal park, portion thereof, or its associated recreational facilities. For each permit, the Division of Municipal Park Rangers shall impose:

 

(a)        User Fees: A reasonable user fee as set forth in part 200 and its subparts to recover the cost of administering the fee system and managing, maintaining, landscaping, and beautifying municipal parks or their recreational facilities; and

 

(b)        Security Deposits: A reasonable security deposit as set forth in part 200 and its subparts to be retained by the Municipal Treasury to the extent the municipal park or recreational facility is damaged and such damage is caused by the activities of such person , vendor, concessionaire, or government group during the exclusive use of the park or recreational facility.

(1)        “Damage” may include any physical harm or destruction to facilities, plants, animals, or fixtures, including utilities and connections.

(2)        “Damage” may also include graffiti, littering, failure to remove garbage, or any failure to vacate the premise in a condition as good or better than it was prior to occupation.

 

(c)        Other Conditions: Fees and security deposits retained under this section shall be deposited in the Division of Municipal Park Rangers fund account.

 

History: Adopted 29 Com. Reg. 27490 (Nov. 19, 2007); Proposed 29 Com. Reg. 27132 (Oct. 17, 2007).

 

Commission Comment: The Commission substituted section numbers pursuant to 1 CMC § 3806(d). The Commission corrected the capitalization of the words “municipal park” in the initial paragraph and subsections (a) and (b) pursuant to 1 CMC § 3806(f). The Commission inserted commas after the words “animals” in subsection (b)(1) and “garbage” in subsection (b)(2) pursuant to 1 CMC § 3806(g). The Commission titled this section.

 

§ 170-20.4-105            Forms Required

 

The Mayor shall develop an appropriate “form” to be used for the purpose of authorizing a user to occupy or carry out certain authorized acts within any municipal park and such “form,” henceforth known as a “permit,” shall designate, at a minimum:

 

(a)        Any restrictions or conditions of use;

 

(b)        Fees or deposits due;

 

(c)        Authorized dates of use;

 

(d)       Areas of authorized use;

 

(e)        Complete name(s) of all authorized users; and

 

(f)        The name of the authorized issuer.

 

History: Adopted 29 Com. Reg. 27490 (Nov. 19, 2007); Proposed 29 Com. Reg. 27132 (Oct. 17, 2007).

 

Commission Comment: The Commission corrected the capitalization of the words “municipal park” in the initial paragraph and the opening words of subsections (a) through (f) pursuant to 1 CMC § 3806(f). The Commission moved punctuation inside quotation marks in the initial paragraph and corrected the punctuation at the ends of subsections (a) through (e) to semicolons pursuant to 1 CMC § 3806(g).

 

§ 170-20.4-110            Display of Permit

 

(a)        After any required fees and/or security deposits have been collected and an exclusive use permit issued, the Division of Municipal Park Rangers shall post appropriate notification, at least eight hours in advance, in sufficient places near or around the area assigned for exclusive use to notify all other potential users that the area is reserved exclusively for use by the permitee at the time and date assigned.

 

(b)(1)   Enforcement Park Rangers may enforce the exclusive use rules or their provisions within the exclusive use area by causing unauthorized persons or groups to leave the reserved area, through issuance of a citation if necessary.

(2)        Such notification(s) shall be removed by the Division of Municipal Park Rangers promptly after the exclusive use area is vacated.

 

History: Adopted 29 Com. Reg. 27490 (Nov. 19, 2007); Proposed 29 Com. Reg. 27132 (Oct. 17, 2007).

 

Commission Comment: The paragraphs of this section were undesignated in the original regulation. The Commission designated them as subsections (a) and (b) pursuant to 1 CMC § 3806(a). The Commission struck the figure “8” from subsection (a) pursuant to 1 CMC § 3806(e).

 

§ 170-20.4-115            Government Groups

 

Permits issued for any group of ten or more organized employees of any governmental unit, other than for conduct of official business, shall also comply with the provisions of part 500 of these regulations.

 

History: Adopted 29 Com. Reg. 27490 (Nov. 19, 2007); Proposed 29 Com. Reg. 27132 (Oct. 17, 2007).

 

Commission Comment: The Commission substituted section numbers pursuant to 1 CMC § 3806(d). The Commission struck the figure “10” pursuant to 1 CMC § 3806(e).

 

Part 200 -       Permit Fees and Security Deposits

 

§ 170-20.4-201            Exclusive Use Permit Fees and Security Deposits

 

Fees for permits and security deposits, other than a vendor, concessionaire, or organized government activity of ten or more persons, for exclusive use of any regulated municipal park or portion of a municipal park or facility, whether enclosed or not, shall be (see also part 500 for organized government activities of ten or more persons and sections 170-20.4-205 and 170-20.4-210 for vendors and concessionaires):

 

(a)        The permit fee for exclusive use of any part of any municipal park (such as for camping, organized gatherings such as parties, meetings or any organized semi-resident presence) shall be $50 per day (12 A.M. To 12 P.M.) or fraction thereof.

 

(b)        The security deposit for the activities as described in subsection (a) shall be $75 for up to two full days and $150 for residence of three days to seven days. Special arrangements may be authorized by the Mayor for longer periods, except that in no case shall the security deposit be less than $20 per day or more than $50 per day.

(1)        Any collected security deposit or portion thereof shall be subject to forfeiture when park maintenance personnel determine, after the area of exclusive use is vacated, that the area, grounds, plants, animals, or facilities have been damaged or harmed to such extent as to require restoration or replacement and such damage or harm can be demonstrated to have been caused or facilitated by the permitee or persons under control or authority of the permitee or funds or personnel time is expended for such restorative or corrective action.

(2)        To the extent such damage exceeds the amount of the security deposit, the permitee may be required to reimburse the Municipality for such costs. The Mayor or his/her designee may cause such action through issuance of a summons or presentation of a demand notice.

(3)        To the extent that damages do not exceed the paid security deposit or there are no damages, as described in subsections 170-20.4-101(b)(1) and (b)(2) that portion of the security deposit or the entire security deposit shall be refunded to the permitee within five business days.

 

History: Adopted 29 Com. Reg. 27490 (Nov. 19, 2007); Proposed 29 Com. Reg. 27132 (Oct. 17, 2007).

 

Commission Comment: The Commission substituted section numbers pursuant to 1 CMC § 3806(d). The Commission struck the figures “10” from the initial paragraph, “2,” “3,” and “7” from subsection (b), and “5” from subsection (b)(3) pursuant to 1 CMC § 3806(e). The Commission corrected the capitalization of the words “municipal park” in the initial paragraph and subsection (a) pursuant to 1 CMC § 3806(f). The Commission inserted commas after the words “concessionaire” in the initial paragraph and “animals” in subsection (b)(1) pursuant to 1 CMC § 3806(g).

 

§ 170-20.4-205            Vendors and Concessionaire User Fees

 

Fees for vendors and concessionaires offering for sale any product or service within any municipal park or portion thereof or facility, whether enclosed or not, shall be:

 

(a)        Any vendor or concessionaire offering for sale any product or service from a stationary location within any municipal park, portion thereof, or facility shall pay a one-time fee of $100.00 for any single event of not more than five days duration.

 

(b)        Any vendor or concessionaire offering for sale any product or service from a stationary location within any one municipal park, portion thereof, or facility on a continuing basis shall pay a yearly fee of $500.00 and shall be allowed to operate during any hours he/she so chooses for a period of one year from the date of issuance.

 

(c)        The following restrictions shall apply to subsections (a) and (b) above:

(1)        The Division of Municipal Park Rangers shall select the location for the vendor or concessionaire based on the type of product or service offered and its effect on park users, other vendors or concessionaires and the park or facility itself.

(2)        The Division of Municipal Park Rangers shall specify alterations that may be allowed to any municipal facility such as, but not limited to, a booth, stall, or building and those alterations not permitted for each event or location.

(3)        The Division of Municipal Park Rangers shall specify the exact type, size, location, and form of any construction permitted for any vendor or concessionaire that does not occupy a municipal booth, stall, or building and may deny the use or construction of any facility not of municipal origin or of acceptable conformance to municipal standards of safe construction or adherence to building, safety and health and/or fire codes.

(4)        Non-stationary, or “roving” vendors and concessionaires shall not be permitted.

 

History: Adopted 29 Com. Reg. 27490 (Nov. 19, 2007); Proposed 29 Com. Reg. 27132 (Oct. 17, 2007).

 

Commission Comment: The Commission substituted section numbers pursuant to 1 CMC § 3806(d). The Commission corrected the capitalization of the words “municipal” in the initial paragraph and subsections (b) and (c)(3) and “park” in the initial paragraph and subsections (a) and (b) pursuant to 1 CMC § 3806(f). The Commission struck the figure “1” from subsection (b) pursuant to 1 CMC § 3806(e). The Commission struck the duplicated number “five” from subsection (a) and inserted commas after the words “thereof” in subsections (a) and (b), “stall” in subsections (c)(2) and (c)(3), and “location” in subsection (c)(3) pursuant to 1 CMC § 3806(g).

 

§ 170-20.4-210            Vendor and Concessionaire Security Deposits

 

Any vendor or concessionaire offering for sale any product or service from within any municipal park, portion thereof, or facility shall be required to pay a security deposit and obtain an exclusive use permit as follows:

 

(a)        For any one-time event of five days duration or less, every vendor or concessionaire shall pay a security deposit of $200.00.

 

(b)        Any vendor or concessionaire operating under subsection 170-20.4-205(b) above, shall pay a security deposit of $200.00.

(1)        An employee of the Division of Municipal Park Rangers may, at any time, conduct an inspection of the vendor’s operation station for compliance with permit provisions.

(2)        If any vendor or concessionaire is deemed to have caused damage to the area of operation, and a portion or all of the security deposit is forfeited, the vendor or concessionaire shall be required to restore the level of the security deposit to $200.00 or he/she may be required to vacate the area of operation.

 

History: Adopted 29 Com. Reg. 27490 (Nov. 19, 2007); Proposed 29 Com. Reg. 27132 (Oct. 17, 2007).

 

Commission Comment: The Commission corrected the capitalization of the words “municipal park” in the initial paragraph pursuant to 1 CMC § 3806(f). The Commission struck the figure “5” from subsection (a) pursuant to 1 CMC § 3806(e). The Commission inserted a comma after the word “thereof” in the initial paragraph pursuant to 1 CMC § 3806(g).

 

§ 170-20.4-215            Collection of Fees and Deposits

 

(a)        All fees and deposits shall be collected at the office of the Division of Municipal Park Rangers and subsequently deposited to the Municipal Parks and Recreation Fund account.

 

(b)        Payment Prior To Use: All required fees and deposits shall be collected at least 12 hours prior to issuance of any permit.

 

History: Adopted 29 Com. Reg. 27490 (Nov. 19, 2007); Proposed 29 Com. Reg. 27132 (Oct. 17, 2007).

 

§ 170-20.4-220            Exclusivity

 

No person or group shall claim exclusive use of any municipal park, portion thereof, or facility unless an exclusive use permit has been duly authorized and issued by the Division of Municipal Park Rangers.

 

History: Adopted 29 Com. Reg. 27490 (Nov. 19, 2007); Proposed 29 Com. Reg. 27132 (Oct. 17, 2007).

 

Commission Comment: The Commission corrected the capitalization of the words “municipal park” pursuant to 1 CMC § 3806(f). The Commission inserted a comma after the word “thereof” pursuant to 1 CMC § 3806(g).

 

§ 170-20.4-225            First Come, First Serve Rule

 

(a)        No person or group, other than a vendor, concessionaire, or organized government group of ten or more, shall be required to obtain an exclusive use permit and shall be allowed “open” use of municipal parks and facilities on a “first come, first serve” basis, provided:

 

(b)        No person or group may “reserve” any municipal park, portion of a municipal park, or facility through physical occupation or presence or by any other method prior to commencement of activity for which their “reservation” was intended whether an exclusive use permit has been issued or not.

 

(c)        No person or group may remain in or occupy any municipal park, portion of a municipal park, or facility for longer than sixteen consecutive hours unless an exclusive use permit has been obtained and any required fee or security deposit has been paid.

 

History: Adopted 29 Com. Reg. 27490 (Nov. 19, 2007); Proposed 29 Com. Reg. 27132 (Oct. 17, 2007).

 

Commission Comment: The initial paragraph was undesignated in the original regulation. The Commission designated it as subsection (a) pursuant to 1 CMC § 3806(a). The Commission corrected the capitalization of the words “municipal park” in all subsections pursuant to 1 CMC § 3806(f). The Commission struck the figures “10” from subsection (a) and “16” from subsection (c) pursuant to 1 CMC § 3806(e). The Commission inserted commas after the words “concessionaire” in subsection (a) and “park” in subsections (b) and (c) pursuant to 1 CMC § 3806(g).

 

§ 170-20.4-230            Executive Authority for Exclusive Events

 

The Mayor or the Division of Municipal Park Rangers may designate, from time to time as needed, any municipal park, portion thereof, or facility for the presentation of exclusive events or other sanctioned activities and may charge admission fees as per section 170-20.4-025(a) and may exclude persons or groups from the area unless the admission fee is paid and/or where admission is by invitation only.

 

History: Adopted 29 Com. Reg. 27490 (Nov. 19, 2007); Proposed 29 Com. Reg. 27132 (Oct. 17, 2007).

 

Commission Comment: The Commission substituted section numbers pursuant to 1 CMC § 3806(d). The Commission corrected the capitalization of the words “municipal park” pursuant to 1 CMC § 3806(f). The Commission inserted a comma after the word “thereof” pursuant to 1 CMC § 3806(g). The Commission titled this section.

 

Part 300 -       Revolving Fund

 

§ 170-20.4-301            Establishment of Revolving Fund

 

(a)        A Municipal Parks and Recreation Fund account shall be established and maintained separate and apart from other funds of the Municipality and independent records and accounts shall be maintained in connection therewith.

 

(b)        All moneys received pursuant to sections 170-20.4-025 through 170-20.4-230 of these regulations shall be deposited in the fund.

 

(c)        Moneys in the fund shall only be expended to manage, maintain, landscape and beautify municipal parks and recreation facilities and to erect and maintain structures, signs and facilities, including roadways, pathways or trails at municipal parks and recreation facilities.

 

(d)       The expenditure authority of the funds shall be the Mayor.

 

History: Adopted 29 Com. Reg. 27490 (Nov. 19, 2007); Proposed 29 Com. Reg. 27132 (Oct. 17, 2007).

 

Commission Comment: The Commission substituted section numbers pursuant to 1 CMC § 3806(d). The Commission corrected the capitalization of the words “municipal parks” in subsection (c) pursuant to 1 CMC § 3806(f).

 

Part 400 -       Enforcement

 

§ 170-20.4-401            Prohibition

 

The following acts shall be prohibited and shall constitute a punishable offense and a summons shall be issued to the alleged violator for actions specified below.

 

(a)        It shall be prohibited for any person to cause or make do any act of vandalism or harm against any structure or plant or animal or any feature, temporary or permanent, of any municipal park such as, but not limited to, graffiti or physical damage.

 

(b)        It shall be prohibited for any person to cause or make do any act of littering within any municipal park.

 

(c)        It shall be prohibited for any person, other than a duly authorized police officer or military personnel during execution of official requirements, to carry or discharge any firearm or other lethal weapon within any designated municipal park or recreational facility.

 

(d)       It shall be prohibited for any person to remove, alter, or damage any duly posted permit or other posted sign within any municipal park or facility or to post any unauthorized signs, notices, or billboards.

 

(e)        It shall be prohibited for any person to cause or make do any act of destruction of any structure or monument or pen, cage or enclosure or trail or wall or other facility, whether temporary or permanent within a municipal park.

 

(f)        It shall be prohibited for any person to cause or make do the building of any fire outside of a designated fireplace or contrary to the express orders of park personnel that may endanger the well being of any municipal park, its facilities, personnel, visitors, animals, or plants.

 

(g)        It shall be prohibited for any person to commit the act of breaking and entering, or theft of any item not belonging to that person from within any municipal park, portion thereof, or facility.

 

(h)        It shall be prohibited for any person to cause or make do any act of cruelty, physical harm, suffering or death of any protected animals within any municipal park and/or the destruction or harm to any plants within any municipal park except that any duly authorized police officer, dog control officer, or other regulatory control officer, in the performance of his/her necessary duties, shall be exempt from this provision.

 

History: Adopted 29 Com. Reg. 27490 (Nov. 19, 2007); Proposed 29 Com. Reg. 27132 (Oct. 17, 2007).

 

Commission Comment: The Commission corrected the capitalization of the words “municipal park” in all subsections and “recreational facility” in subsection (c) pursuant to 1 CMC § 3806(f). The Commission inserted commas after the words “alter” and “notices” in subsection (d), “animals” in subsection (f), and “thereof” in subsection (g) pursuant to 1 CMC § 3806(g).

 

§ 170-20.4-405            Enforcement

 

Personnel, duly designated as “Enforcement Park Rangers” by the Mayor shall enforce these regulations and any violations thereto.

 

(a)        Citation for Violation: Enforcement Park Rangers shall issue a citation to any person violating the provisions of these regulations in a designated municipal park in his/her presence.

 

(b)        Citation on Reasonable Belief: Enforcement Park Rangers shall issue a citation to any person for violation of any provision of these regulations if he/she has reasonable belief that such person did violate any such regulations while in a municipal park.

 

(c)        Basis for Reasonable Belief: Any reasonable belief may be based upon a written statement provided by a person who witnessed any violation of these regulations or by physical evidence found that indicates such a violation did occur.

 

(d)       Appearance in Court: Any person(s) so cited for violations of the regulations shall be served with a citation (summons) by the issuing official and ordered to appear at the Commonwealth Superior Court for a hearing. Citations shall be filed with the Clerk of the Superior Court.

 

(e)        Forms Required: The Mayor shall draft or cause to be drafted an appropriate form to be used as a “summons,” more commonly referred to as a “citation” and submit said form to the CNMI Superior court for approval.

(1)        Such form shall follow the general format and appearance of “citations” currently issued by the CNMI Department of Public Safety for traffic offenses and shall contain, at a minimum, information to clearly:

(i)         Establish the nature of any violation;

(ii)        Appropriate sections of the regulations violated;

(iii)       Time of alleged violation;

(iv)       Date of alleged violation;

(v)        Place of the alleged offense;

(vi)       The name and appropriate contact information of the accused;

(vii)      Notify the accused of the time and date for appearance.

 

History: Adopted 29 Com. Reg. 27490 (Nov. 19, 2007); Proposed 29 Com. Reg. 27132 (Oct. 17, 2007).

 

Commission Comment: The Commission corrected the capitalization of the words “municipal park” in subsections (a) and (b) pursuant to 1 CMC § 3806(f). The Commission moved punctuation inside quotation marks in subsection (e) pursuant to 1 CMC § 3806(g). The Commission corrected the capitalization of words at the beginning of, and punctuation at the end of, subsections (e)(1)(i) through (e)(1)(vii) pursuant to 1 CMC § 3806(g).

 

§ 170-20.4-410            Penalties

 

(a)        The penalty for violations of subsections 170-20.4-401(a) through (d) shall be $200.00.

 

(b)        The penalty for violations of subsections 170-20.4-401(e) and (f) shall be $500.00.

 

(c)        The penalty for violations of subsections 170-20.4-401(g) and (h) shall be $1000.00.

 

History: Adopted 29 Com. Reg. 27490 (Nov. 19, 2007); Proposed 29 Com. Reg. 27132 (Oct. 17, 2007).

 

Commission Comment: The paragraphs of this section were undesignated in the original regulation. The Commission designated them as subsections (a) through (c) pursuant to 1 CMC § 3806(a). The Commission substituted section numbers pursuant to 1 CMC § 3806(d). The Commission corrected the capitalization of the word “penalty” in subsections (b) and (c) pursuant to 1 CMC § 3806(f).

 

Part 500 -       Interagency Notification and Coordination

 

§ 170-20.4-501            Issuance of Permit

 

(a)        Any department, agency, or division of any municipal, CNMI or United States federal government that wishes to use or occupy any designated municipal park, portion of a municipal park, or facility within a municipal park for any organized activity, other than official duty (see section 170-20.4-510(a) below), consisting of ten or more individuals is required to consult with the Mayor of Tinian & Aguiguan regarding such usage.

 

(b)        Notification of intent to use all or any portion of any municipal park or facility shall be delivered in writing by mail, by hand, by facsimile or by e-mail no less than 72 hours prior to commencement of any activity.

 

(c)        Such notification shall contain all pertinent information relating to the intended use and shall, at a minimum, describe the intended use, the name of the group or individual users, the intended length of stay, the anticipated number of persons involved, the use of any facilities and/or equipment of the Municipality, the use of any non-municipal equipment or vehicles within the park or facility, and any anticipated effects that may accrue to the park or facility by such usage.

 

(d)       Such notification shall also contain any information regarding possible effects on the immediate area surrounding the requested facility or park such as traffic congestion, noise, atmospheric emissions, the need for municipal resources, use of utilities, and any other effect that may cause a temporary or permanent disruption of normal activities for the time period being requested.

 

(e)        The Mayor or his/her designee may respond in writing to the request or ask the requesting person or group representative(s) to present further information or appear at the Mayor’s office for consultation.

 

(f)        Once satisfied that no detrimental effects of the intended usage may cause permanent damage or harm to the municipal facility or park, the Mayor or Division of Municipal Park Rangers may issue an exclusive use permit for the requested usage. Said permit will delineate all required terms of usage, any required security deposits or any restrictions such as, but not limited to, traffic control, noise or time limits on operation.

 

History: Adopted 29 Com. Reg. 27490 (Nov. 19, 2007); Proposed 29 Com. Reg. 27132 (Oct. 17, 2007).

 

Commission Comment: The initial paragraph was undesignated in the original regulation. The Commission designated it as subsection (a) pursuant to 1 CMC § 3806(a). The Commission substituted section numbers pursuant to 1 CMC § 3806(d). The Commission corrected the capitalization of the words “municipal” in subsections (a), (b), (d), and (f), “park” in subsections (a), (b), (c), (d), and (f), “federal” in subsection (a), and “facility” in subsections (c) and (f) pursuant to 1 CMC § 3806(f). The Commission struck the figure “10” from subsection (a) pursuant to 1 CMC § 3806(e). The Commission inserted a close parenthesis in subsection (a) and a comma after the word “utilities” in subsection (d) pursuant to 1 CMC § 3806(g). The Commission titled this section.

 

§ 170-20.4-505            Fees

 

(a)        The Division of Municipal Park Rangers shall charge a fee for an exclusive use permit as per section 170-20.4-201(a).

 

(b)        A security deposit shall be required as per section 170-20.4-201(b) except:

(1)        The security deposit shall be at the rate of $50.00 per 10 persons up to a maximum of $500.00 per day or portion thereof.

(2)        The Mayor may waive all or any portion of required fees and/or security deposits if he/she deems that such activity will benefit the Municipality of Tinian & Aguiguan and that any detrimental effect of the usage will be reasonably negated by actions of the group.

 

History: Adopted 29 Com. Reg. 27490 (Nov. 19, 2007); Proposed 29 Com. Reg. 27132 (Oct. 17, 2007).

 

Commission Comment: The Commission substituted section numbers pursuant to 1 CMC § 3806(d). The Commission titled this section.

 

§ 170-20.4-510            Official Use

 

(a)        Any department, agency, or division of any municipal, CNMI or United States federal government that wishes to use or occupy any designated municipal park, portion of a municipal park, or facility within a municipal park for any official duty such as, but not limited to, surveys, plant or animal control, enforcement of any law of regulation, placement or installation of equipment for monitoring or other action or other official duty shall notify and consult with the Mayor or the Division of Municipal Park Rangers regarding such intent.

(1)        The Mayor or Division of Municipal Park Rangers may waive any user fees, permits, or security deposits.

(2)        Required notification or consultation shall occur not less than 24 hours prior to commencement of the official activity.

(3)        The Mayor or Division of Municipal Park Rangers may require safeguards, restoration, or repair if it appears that any permanent damage or harm may accrue to any item or thing in a municipal park, portion thereof, or facility.

(4)        Nothing in these regulations shall preclude the ability of any law officer or regulatory enforcement officer from any other department from entering any municipal park, portion thereof, or facility for the purpose of lawful pursuit or apprehension of any person suspected of or wanted for any unlawful act.

 

(b)        The Division of Municipal Park Rangers shall cooperate with and support any action sponsored, co-sponsored or undertaken with any other government agency at any level that will promote the proper use of municipal parks and activities therein or enhance programs offered or the facilities, equipment, and activities of any municipal park.

 

History: Adopted 29 Com. Reg. 27490 (Nov. 19, 2007); Proposed 29 Com. Reg. 27132 (Oct. 17, 2007).

 

Commission Comment: The Commission corrected the capitalization of the words “municipal park” in subsections (a), (a)(3), (a)(4), and (b) and “federal” in subsection (a) pursuant to 1 CMC § 3806(f). The Commission inserted commas after the words “park” in subsection (a), “permits” in subsection (a)(1), “restoration” and “thereof” in subsection (a)(3), “thereof” in subsection (a)(4), and “equipment” in subsection (b) pursuant to 1 CMC § 3806(g).

 

Part 600 -       Miscellaneous Provisions

 

§ 170-20.4-601            Tickets and Instructions

 

(a)        Upon payment of any entry fee or exclusive use permit fee, a “ticket” or other identifying receipt shall be given and retained on the person of the visitor at all times while in the Municipal Park or exclusive use area. Instructions for behavior and activities while in a Municipal Park may be given to the visitor in the form of a printed brochure.

 

(b)        The Mayor and his/her designated personnel shall have the right to refuse entry to any Municipal Park of any person at any time for failure to agree to and abide by any requirements contained in these regulations.

 

History: Adopted 29 Com. Reg. 27490 (Nov. 19, 2007); Proposed 29 Com. Reg. 27132 (Oct. 17, 2007).

 

Commission Comment: The paragraphs of this section were undesignated in the original regulation. The Commission designated them as subsections (a) and (b) pursuant to 1 CMC § 3806(a). The Commission corrected the capitalization of the words “municipal park” in subsections (a) and (b) pursuant to 1 CMC § 3806(f).

 

§ 170-20.4-605            Severability

 

If any provision of these regulations or the application of any such provision to any person or circumstance should be held invalid by a court of competent jurisdiction, the validity of the remainder of the regulations or the application of their provisions to any persons or circumstances other than those to which it is held invalid shall not be affected thereby.

 

History: Adopted 29 Com. Reg. 27490 (Nov. 19, 2007); Proposed 29 Com. Reg. 27132 (Oct. 17, 2007).


 

SUBCHAPTER 170-20.5

POLICIES AND REGULATIONS OF THE TINIAN MUNICIPAL SCHOLARSHIP BOARD

 


§ 170-20.5-101            Purpose

§ 170-20.5-105            Definitions

§ 170-20.5-110            Funding for the Municipal Scholarship Fund

§ 170-20.5-115            Policy of the Municipal Scholarship Fund Regarding Educational Assistance Awards

§ 170-20.5-120            General Eligibility Criteria for All Municipal Scholarship Fund Assistance

§ 170-20.5-125            Additional Eligibility Requirements for the Degree Scholarship Program

§ 170-20.5-130            Documents Required for the Degree Scholarship Program

§ 170-20.5-135            Procedure for the Review of Degree Scholarship Applications

§ 170-20.5-140            Terms and Conditions of Award and Continued Assistance under the Degree Scholarship Program

§ 170-20.5-145            Additional Eligibility Requirements for the Trade School/Vocational/Certification Assistance Program

§ 170-20.5-150            Procedure for the Review of Trade/Vocational School/Certification Assistance Applications

§ 170-20.5-155            Additional Eligibility Requirements for the Training Assistance Program

§ 170-20.5-160            Procedure for the Review of Training Assistance Applications

§ 170-20.5-165            Repayment

§ 170-20.5-170            Establishment of Priorities for Fields of Study

§ 170-20.5-175            Advertisement of Availability of Scholarships

§ 170-20.5-180            Issuance of Annual Reports

§ 170-20.5-185            Appeal


 

Subchapter Authority: 10 CMC § 2201 et seq. (but see Commission Comment)

 

Subchapter History: Adopted 34 Com. Reg. 33118 (Dec. 28, 2012); Proposed 34 Com. Reg. 32825 (Sept. 29, 2012).

 

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).

 

Tinian Local Law 5-2 (effective August 8, 1986), codified at 10 CMC § 2201 et seq., the “Tinian Municipal Scholarship Act of 1986,” created the Municipal Scholarship Board within the Office of the Mayor and authorized it to grant scholarship assistance. It authorized the Board to prescribe by regulation procedures to govern meetings, but did not expressly authorize the Board to promulgate regulations on other topics.

 

§ 170-20.5-101            Purpose

 

The Municipal Scholarship Board (Board) was established by the Tinian Municipal Scholarship Act of 1986 (10 CMC § 2201 et seq.,) to implement the Tinian Scholarship Fund.

 

History: Adopted 34 Com. Reg. 33118 (Dec. 28, 2012); Proposed 34 Com. Reg. 32825 (Sept. 29, 2012).

 

§ 170-20.5-105            Definitions

 

(a)        “Applicant:” A person who has applied for educational financial assistance from the Municipal Scholarship Board under any of the available Board-approved and funded programs.

 

(b)        “Continuing Student Applicant:” An applicant who is applying for continued financial assistance from the Tinian Municipal Scholarship Board and is currently enrolled and receiving financial assistance from the Tinian Municipal Scholarship Fund.

 

(c)        “Cumulative Grade Point Average:” The grade point average for all terms combined.

 

(d)       “Degree Scholarship Program:” The scholarship program. for educational financial assistance in attaining a degree in a field of study prioritized for funding by the Board but shall not include programs leading to a degree in theology, divinity, or religious studies. The degree shall be awarded by an institution accredited by a governmentally recognized organization responsible for accrediting institutions of higher learning in the country where the institution is located in (comparable to the United States Western Association of Schools and Colleges).

 

(e)        “Full time status:” Full time status in an undergraduate program as defined by the institution attended by recipient but shall not be less than the equivalent of 12 credits per enrollment period (either semester or quarter), or, in exceptional circumstances, as determined by the institution and by the Board on a case-by-case basis. Full time status in a graduate program is as determined by the institution the recipient is enrolled in. Repeated courses, below college-level courses (remedial), or audit courses shall not be counted towards fulfillment of the full-time status. However, during the student’s first year of attendance, below college-level courses may be counted towards full-time status for the initial semester/quarter only. Full time status during the summer term will be as determined by the institution.

 

(f)        “Grade Point Average:” The average obtained by dividing the total number of grade points earned by the total number of credits attempted in a term.

 

(g)        “Municipal Scholarship Board” (“Board”): The Tinian Municipal Scholarship Board created by the Tinian Municipal Scholarship Act of 1986 (10 CMC § 2202).

 

(h)        “New Student Applicant:” An applicant who is applying for financial assistance from the Tinian Municipal Scholarship Board for the first time or has not applied and received assistance during the preceding term. A Tinian Municipal Scholarship recipient who has not attended school for six or more consecutive months immediately prior to application will be considered a New Student Applicant.

 

(i)         “Online Student:” An applicant who physically resides on Tinian and is attending an accredited online institution in a field of study prioritized for funding by the Tinian Municipal Scholarship Board.

 

(j)         “Permanent resident of Tinian:” A person who is registered to vote in the Second Senatorial District, and who is physically present or domiciled on Tinian for at least two years prior to the application date and has the intent to reside permanently on Tinian. A person who is present in the municipality for the sole purpose of employment or education shall not be considered a permanent resident. Residency may be proven by a physical presence on Tinian, maintenance of a physical address on Tinian for the requisite period, and registered to vote in the Second Senatorial District. Minor applicants who graduate before turning 18 years old will be exempt from the registered voter requirement until the applicant turns 18 at which time applicant must comply with this section.

 

(k)        “Prioritized Field of Study:” The fields of study that have been determined by the Tinian Municipal Scholarship Board to be needed to meet the workforce (human resources) needs of Tinian and will, therefore, be funded.

 

(l)         “Recipient:” An approved applicant who receives educational financial assistance from the Municipal Scholarship Fund under anyone of its available programs.

 

(m)       “Scholarship Assistance Probation:” A student whose term grade point average is below 2.25 will be placed on scholarship assistance probation and must earn at least a minimum term grade point average of 2.25 in the subsequent term in order to continue receiving scholarship assistance.

 

(n)        “Scholarship Assistance Suspension:” A student whose cumulative grade point average is below 2.25 will placed on scholarship assistance suspension and will not receive any scholarship assistance until his/her cumulative grade point average is at least 2.25.

 

(o)        “Term grade point average:” Grade point average for a particular enrollment period, either quarter or semester.

 

(p)        “Tinian Scholarship Fund:” The funds, including grants, donations, gifts, and bequest, including appropriations received by the Municipal Scholarship Board which are available for disposition by the Board.

 

(q)        “Trade School/Vocational/Certification Program:” The scholarship program for educational financial assistance in attaining a certification in a field of study prioritized for funding by the Board The institution awarding such certification shall be accredited by the United States or CNMI government, or by governmentally recognized organization responsible for accrediting institutions of higher learning in the country where the institution is located in (comparable to the United States Western Association of Colleges and Schools). The Board may waive such accreditation if it determines that such training and certification is critical in meeting the workforce needs of Tinian and conforms to the policies, purpose, and mission of the Tinian Municipal Scholarship Board.

 

(r)        “Training Assistance Program:” The scholarship program for educational financial aid for government employees in attending a short-term job-related training program, which may include non-degree certification programs and on-line courses, in a field of study prioritized for funding by the Board, and which is related to the professional development or improvement of the applicant’s performance in such government employment.

 

History: Adopted 34 Com. Reg. 33118 (Dec. 28, 2012); Proposed 34 Com. Reg. 32825 (Sept. 29, 2012).

 

Commission Comment: The Commission inserted quotation marks around terms defined. The Commission corrected the capitalization of the words “grade point average” in subsection (c), “new student application” in subsection (g), and “government” in subsection (q) pursuant to 1 CMC § 3806(f). The Commission inserted a comma after the word “purpose” in subsection (q) pursuant to 1 CMC § 3806(g).

 

§ 170-20.5-110            Funding for the Municipal Scholarship Fund

 

Funds for the Municipal Scholarship Fund are made available from the following sources:

 

(a)        Gambling revenue taxes appropriated under the Tinian Casino Gaming Control Act of 1989 for the Tinian Municipal Scholarship Fund Program.

 

(b)        Proceeds from the sale of slaughter permits collected pursuant to 10 CMC § 2115, Tinian Cattle Act, and deposited into the Tinian Scholarship Fund/Slaughter Fees Account.

 

(c)        Private donations to the Municipal Scholarship Fund.

 

(d)       Bequest to the Municipal Scholarship Fund.

 

(e)        Funds collected through fundraising activities of the Board.

 

(f)        Other sources as provided by law.

 

History: Adopted 34 Com. Reg. 33118 (Dec. 28, 2012); Proposed 34 Com. Reg. 32825 (Sept. 29, 2012).

 

Commission Comment: The Commission inserted a period at the end of subsection (e) pursuant to 1 CMC § 3806(g).

 

§ 170-20.5-115            Policy of the Municipal Scholarship Fund Regarding Educational Financial Assistance Awards

 

It is the policy of the Tinian Municipal Scholarship Board that all financial assistance awarded to a recipient from the Municipal Scholarship Fund under any of its programs are to be repaid upon completion or termination of such assistance unless the recipient returns to Tinian within six months of such completion or termination to accept employment for the same length of time that recipient received such assistance, or elects to repay all funds instead of returning to Tinian within said period to accept such employment for the requisite length of time stated herein.

 

History: Adopted 34 Com. Reg. 33118 (Dec. 28, 2012); Proposed 34 Com. Reg. 32825 (Sept. 29, 2012).

 

Commission Comment: The Commission struck the figure “6” pursuant to 1 CMC § 3806(e).

 

§ 170-20.5-120            General Eligibility Criteria for All Municipal Scholarship Fund Assistance

 

In order for an applicant to be eligible for educational financial assistance from the Municipal Scholarship Fund under any of its programs, the applicant must be:

(a)        A permanent resident of the Municipality of Tinian. as defined by these regulations. A person who resides on Tinian for the sole purpose of employment or education shall not be considered a permanent resident. Residency may be proven by the following:

(1)        A physical presence on Tinian for at least two years prior to the application date;

(2)        Maintenance of a physical address on Tinian for the requisite period; and

(3)        Registered to vote in the Second Senatorial District, unless the person is under the age of eighteen.

 

(b)        Must demonstrate a financial need for such scholarship assistance. In the case of an applicant attending college, university, or online towards a degree, financial need may be evidenced by a completed Free Application for Federal Student Aid (FAFSA). In other cases, such as the Trade School/Vocational/Certification Program or the Training Assistance Program, financial need may be evidenced by an applicant’s financial statement which shall reflect the applicant’s income and cost of attendance.

 

(c)        Must be willing to return to Tinian upon completion or termination of studies as evidenced by an executed agreement to return to Tinian within six (6) months of completion or termination of studies to accept employment on Tinian for the same length of time as educational assistance awarded or agree to repay all assistance received in the event that recipient does not return to Tinian.

 

(d)       Must be pursuing a field of study prioritized and approved by Board.

 

(e)        Must be accepted and enrolled full-time in an accredited institution as defined herein. Applicant must also submit proof indicating such accreditation when requested by the Board.

 

(f)        Must maintain at least a minimum cumulative grade point average of 2.25. A student whose term grade point average is less than 2.25 will be placed on scholarship assistance probation status (probation) for the subsequent term. A student placed on probation must receive at least a minimum term grade point average of at least 2.25 in order to continue receiving scholarship assistance. A student whose cumulative grade point average is below 2.25 will be placed on scholarship assistance suspension and will not receive scholarship assistance until the cumulative grade point average is at least a 2.25.

 

History: Adopted 34 Com. Reg. 33118 (Dec. 28, 2012); Proposed 34 Com. Reg. 32825 (Sept. 29, 2012).

 

Commission Comment: The Commission struck the figure “6” from subsection (c) pursuant to 1 CMC § 3806(e).

 

§ 170-20.5-125            Additional Eligibility Requirements for the Degree Scholarship Program

 

In addition to the general eligibility requirements stated in section 170-20.5-120, an applicant for the assistance under the Degree Scholarship Program must also meet the following requirements:

 

(a)        Be pursuing a degree in a field of study approved by Board and included in the prioritized field of study as established by the Board.

 

(b)        Have and maintain a minimum cumulative grade point average of 2.25 on a scale of 4.0.

 

(c)        Execute an agreement to return to Tinian within six months of completion or termination of studies and accept employment on Tinian for the same amount of time as educational assistance awarded or to repay all assistance awarded in the event that applicant does not return to Tinian and accepts such employment for said period.

 

History: Adopted 34 Com. Reg. 33118 (Dec. 28, 2012); Proposed 34 Com. Reg. 32825 (Sept. 29, 2012).

 

Commission Comment: The Commission substituted section numbers pursuant to 1 CMC § 3806(d). The Commission struck the figure “6” from subsection (c) pursuant to 1 CMC § 3806(e). The Commission corrected the capitalization of the words “general eligibility requirements” in the initial paragraph pursuant to 1 CMC § 3806(f).

 

§ 170-20.5-130            Documents Required for the Degree Scholarship Program

 

(a)        Official high school transcript.

 

(b)        Letter of acceptance from accredited college or university; such letter shall include the area of study the applicant will be pursuing. If an applicant has been attending an institution before applying for assistance from the Board, the applicant may submit proof of attendance, schedule of classes and transcript from the institution in lieu of a letter of acceptance.

 

(c)        Proof of residency for the two years before the date of application, as required by section 170-20.5-120(a), such as CNMI voter registration, or other documents deemed acceptable by the Board to establish residency.

 

(d)       Copy of institution’s cost of attendance.

 

(e)        Proof of need for educational financial assistance; such proofs shall include an income and expense statement of applicant.

 

(f)        Financial statement of applicant. If the applicant is under the age of 20 years, claimed as a dependent on his/her parent(s) income tax return, or living with his or her parents, applicant shall submit financial statement of parent(s).

 

(g)        Executed agreement in accordance with section 170-20.5-125(c) above.

 

History: Adopted 34 Com. Reg. 33118 (Dec. 28, 2012); Proposed 34 Com. Reg. 32825 (Sept. 29, 2012).

 

Commission Comment: The Commission substituted section numbers pursuant to 1 CMC § 3806(d). The Commission corrected the capitalization of the words “voter registration” in subsection (c), “institution’s cost of attendance” in subsection (d), and “income and expense statement” in subsection (e) pursuant to 1 CMC § 3806(f). The Commission inserted a comma after the word “classes” in subsection (b) and a period at the end of subsection (d) pursuant to 1 CMC § 3806(g).

 

§ 170-20.5-135            Procedure for the Review of Degree Scholarship Applications

 

(a)        Applications for educational financial assistance from the Municipal Scholarship Fund shall be submitted on the prescribed application form. Any fraudulent information given or misrepresentation shall render the entire application void and legal actions may be taken to recover such funds given based on such fraudulent information or misrepresentation.

 

(b)(1)   Applications for scholarships under the Degree Scholarship Program must be postmarked or received by the Tinian Municipal Scholarship Office no later than July 31st for the award period beginning in the fall semester/quarter and supporting documents must be postmarked or received no later than August 15th.

(2)        New applications for scholarships under the Degree Scholarship Program beginning in spring semester and winter/spring quarters must be postmarked or received by the Tinian Municipal Scholarship Office no later than December 15th for the award period beginning in the spring semester or winter/spring quarters and supporting documents must be postmarked or received no later than December 31st.

(3)        For continuing students (students who were awarded beginning in fall semester/quarter), all documents required in order to continue receiving assistance, such as transcripts, schedule of classes and executed agreement, must be postmarked or received by the Tinian Municipal Scholarship Board no later than December 31st.

(4)        Incomplete applications will not be reviewed or processed by the Board. It is the obligation of the applicant to ensure completeness of the application submitted or documents required.

 

(c)        The Board shall review within 30 days all applications for the Degree Scholarship Program received by the deadline and promptly inform each applicant of the status of such application.

 

(d)       Scholarship awards shall be made no later than September 30 of each year unless such funds are unavailable due to budgetary constraints.

 

History: Adopted 34 Com. Reg. 33118 (Dec. 28, 2012); Proposed 34 Com. Reg. 32825 (Sept. 29, 2012).

 

Commission Comment: The paragraphs of subsection (b) were undesignated in the original regulation. The Commission designated them as subsections (b)(1) through (b)(4) pursuant to 1 CMC § 3806(a). The Commission corrected the capitalization of the words “fall semester/quarter” in subsections (b)(1) and (b)(3) and “spring semester” and “winter/spring quarters” in subsection (b)(2) pursuant to 1 CMC § 3806(f).

 

§ 170-20.5-140            Terms and Conditions of Award and Continued Assistance under the Scholarship Program

 

A recipient of an educational financial assistance under the Degree Scholarship Program must fulfill the following terms and conditions of award:

 

(a)        Must be enrolled full-time in a course of study approved by the Municipal Scholarship Board.

 

(b)        Must be enrolled in an accredited college or institution that is recognized and accredited by an accrediting body in the country where the institution of higher learning is located. Applicant must submit an acceptance/enrollment letter, and accreditation information if required by the Board.

 

(c)        Must maintain at least a cumulative grade point average of 2.25 on a scale of 4.0.

 

(d)       Must not be under academic probation or suspension by the institution.

 

(e)        Must execute a contract to agree to return to Tinian within six months of completion of studies and accept employment on Tinian for the same amount of time as educational assistance received or to repay all assistance received in the event that applicant does not return to Tinian and accepts such employment for said period.

 

(f)        Must not be receiving assistance in excess of one year beyond the expected completion period as determined by the institution in accordance with its program description and requirements, i.e. expected date of graduation.

 

History: Adopted 34 Com. Reg. 33118 (Dec. 28, 2012); Proposed 34 Com. Reg. 32825 (Sept. 29, 2012).

 

§ 170-20.5-145            Additional Eligibility Requirements for the Trade School/Vocational/Certification Assistance Program

 

In addition to the General Eligibility Criteria stated in section 170-20.5-120, an applicant for the assistance under the Trade School/Vocational/Certification Assistance Program must also submit the following documents:

 

(a)        Proof of financial assistance need.

 

(b)        Acceptance letter (or other documentation) from the institution/program indicating that the applicant has been accepted into the program applied for and the completion period for such training.

 

(c)        Documentation relating to the description of the training, costs involved, approval from supervisor to attend such training (if employed), and other documentation as may be required by the Board in order to establish legitimacy of such training.

 

History: Adopted 34 Com. Reg. 33118 (Dec. 28, 2012); Proposed 34 Com. Reg. 32825 (Sept. 29, 2012).

 

Commission Comment: The Commission substituted section numbers pursuant to 1 CMC § 3806(d). The Commission corrected the capitalization of the words “general eligibility criteria” in the initial paragraph pursuant to 1 CMC § 3806(f).

 

§ 170-20.5-150            Procedure for the Review of Trade/Vocational School/Certification Assistance Applications

 

(a)        Applications for the trade/vocational school/certification assistance program shall be submitted on the prescribed application form approved by the Board.

 

(b)        Completed applications and supporting documents for the trade/vocational school/certification assistance program shall be postmarked or received by the Municipal Scholarship Board no later than sixty days from the commencement of said program. Incomplete applications will not be reviewed or processed by the Board. It is the obligation of the applicant to ensure completeness of the application submitted.

 

(c)        The Board shall review all applications for the trade/vocational school/certification program within thirty days from receipt of said application and shall inform applicant of said decision of the board no later than two weeks from receipt of said application.

 

(d)       Any fraudulent information given or misrepresentation shall render the entire application void and legal actions may be taken to recover such funds given based on such fraudulent information or misrepresentation.

 

History: Adopted 34 Com. Reg. 33118 (Dec. 28, 2012); Proposed 34 Com. Reg. 32825 (Sept. 29, 2012).

 

Commission Comment:  The Commission struck the figures “60” from subsection (b) and “30” from subsection (c) pursuant to 1 CMC § 3806(e). The Commission corrected the capitalization of the words “trade/vocational school/certification” in subsections (a), (b), and (c) and “program” in subsection (c) pursuant to 1 CMC § 3806(f).

 

§ 170-20.5-155            Additional Eligibility Requirements for the Training Assistance Program

 

In addition to the general eligibility criteria stated in section 170-20.5-120, an applicant for the assistance under the training assistance program must also:

 

(a)        Be employed in the government in the field that training is being sought.

 

(b)        Submit proof of financial assistance need.

 

(c)        Submit documentation relating to the description of the training, costs involved, approval from supervisor to attend such training, justification from supervisor that such training is essential to applicant’s current government position, and other documentation as may be required by the Board in order to establish legitimacy of such training.

 

History: Adopted 34 Com. Reg. 33118 (Dec. 28, 2012); Proposed 34 Com. Reg. 32825 (Sept. 29, 2012).

 

Commission Comment: The Commission substituted section numbers pursuant to 1 CMC § 3806(d). The Commission corrected the capitalization of the words “general eligibility criteria” and “training assistance program” in the initial paragraph pursuant to 1 CMC § 3806(f). The Commission inserted a comma after the word “position” in subsection (c) pursuant to 1 CMC § 3806(g).

 

§ 170-20.5-160            Procedure for the Review of Training Assistance Applications

 

(a)        Applications for the training assistance program shall be submitted on the prescribed application form approved by the Board.

 

(b)        Completed applications and supporting documents for the training assistance program shall be postmarked or received by the Municipal Scholarship Board no later than thirty days from the commencement of said program. Incomplete applications will not be reviewed or processed by the Board and shall be returned to applicant along with explanations of the deficiencies of such application. It is the obligation of the applicant to ensure completeness of the application submitted.

 

(c)        The Board shall review all applications for the training assistance program within one week from receipt of said application and shall inform applicant of said decision of the board no later than two weeks from receipt of said application.

 

(d)       Any fraudulent information given or misrepresentation shall render the entire application void and legal actions may be taken to recover such funds given based on such fraudulent information or misrepresentation.

 

History: Adopted 34 Com. Reg. 33118 (Dec. 28, 2012); Proposed 34 Com. Reg. 32825 (Sept. 29, 2012).

 

Commission Comment: The Commission struck the figure “30” from subsection (b) pursuant to 1 CMC § 3806(e). The Commission corrected the capitalization of the words “training assistance program” in subsection (c) pursuant to 1 CMC § 3806(f).

 

§ 170-20.5-165            Repayment

 

(a)        In accordance with the policy herein stated in section 170-20.5-115, all financial assistance awarded to a recipient from the Municipal Scholarship Fund under any of its programs are to be repaid upon completion or termination of the program for which financial assistance was being received unless:

(1)        The recipient returns to Tinian within six months of such completion or termination to accept employment for the same length of time that recipient received such assistance, but not to exceed a maximum period of five years, or

(1)        Elects to repay all funds instead of returning to Tinian within said period to accept such employment for the requisite length of time stated herein.

 

(b)        Any recipient who willfully fails to complete a program for which recipient received financial assistance shall be required to repay all moneys received in accordance with the terms and conditions herein stated in this section unless recipient re-enrolls within one year of such termination.

 

(c)        Any recipient, who willfully fails to return to Tinian within six months of completion or termination of the program for which financial assistance was awarded and willfully refuses to accept employment on Tinian, shall be liable for the entire amount of assistance awarded to be payable in such terms and conditions as shall ensure that all financial assistance received is paid off within a period not to exceed five years from the completion or termination date and based on installment amounts as per the repayment schedule approved by the Board.

 

(d)       In lieu of returning to Tinian to accept employment, a recipient may agree to repay the entire amount of financial assistance awarded in accordance with such terms and conditions of repayment as agreed upon by recipient and the Board but such terms shall not exceed a maximum repayment period of five years, inclusive of all administrative costs, penalties, and interest accrued and statutorily authorized and in accordance with the repayment schedule as approved by the Board. The Board may also approve other terms and means of repayment of the assistance received based on the Municipality’s need for such services at a fair market value and as agreed upon by the Board and the recipient; however, such repayment shall not be more than fifty percent of the total amount of assistance received.

 

(e)        In the event that recipient does not complete the required period of employment on Tinian, (i.e. to be employed on Tinian for the same length of time as recipient received assistance but not more than five years), recipient shall repay the total scholarship awarded less the prorated credit equivalent to twenty percent of the total award for every year worked and said balance shall be due immediately.

 

(f)        If legal proceedings are taken to recover such moneys from a recipient, recipient shall pay all reasonable attorney’s fees and costs associated with such recovery of moneys from recipient.

 

History: Adopted 34 Com. Reg. 33118 (Dec. 28, 2012); Proposed 34 Com. Reg. 32825 (Sept. 29, 2012).

 

Commission Comment: The Commission substituted section numbers pursuant to 1 CMC § 3806(d). The Commission struck the figures “6” and “5” from subsection (a)(1), “6” and “5” from subsection (c), and “5” and “20%” from subsection (e) pursuant to 1 CMC § 3806(e). The Commission corrected the capitalization of the word “section” in subsection (b) pursuant to 1 CMC § 3806(f).

 

§ 170-20.5-170            Establishment of Priorities for Fields of Study

 

In order to establish priorities for the fields of study that the Board will fund, the Board shall:

 

(a)        Within thirty days of the adoption of these regulations, the Board shall meet to determine the priorities of fields of study for which educational financial assistance will be make available. Beginning from two years after said initial establishment of priorities of fields of study, the Board shal1.meet in January of every odd-numbered year to set such priorities for fields of study that the Board will fund.

 

(b)        In determining the priorities, the Board shall form a sub-committee which shall include, but is not limited to, governmental agencies, the Tinian leadership (comprising of the Mayor’s Office, Tinian Legislative Delegation, and the Municipal Council), various governmental departments, educational leaders and policy makers (such as school principals, Northern Marianas College staff, Tinian representatives to the CNMI State Board of Education and Board of Regents), and private sector (including the Tinian Chamber of Commerce) to determine the workforce needs of the Tinian community.

 

(c)        The Board shall consider the findings of such sub-committee and shall establish such priorities and determine how such priorities will be funded.

 

(d)       Prior to its adoption, the Board shall publish such established priorities in the Commonwealth Register, in accordance with the CNMI Administrative Procedures Act, for public comment. The Board may also solicit community input through public hearings and other means.

 

(e)        The Board shall establish the funding levels for each prioritized fields of study, either as a set funding level for each field or as a percentage of the total funds available for the Municipal Scholarship Fund Program.

 

History: Adopted 34 Com. Reg. 33118 (Dec. 28, 2012); Proposed 34 Com. Reg. 32825 (Sept. 29, 2012).

 

Commission Comment: The Commission struck the figure “30” from subsection (a) pursuant to 1 CMC § 3806(e).

 

§ 170-20.5-175            Advertisement of Availability of Scholarships

 

The Board shall advertise the availability of scholarship funds to the Tinian community by advertising in anyone or a combination of the following methods:

 

(a)        Posting announcement of such availability in prominent locations around the community.

 

(b)        Issuance of a memorandum to all governmental offices.

 

(c)        Providing a website or a link to a Tinian website.

 

(d)       Posting advertisements in a local newspaper.

 

History: Adopted 34 Com. Reg. 33118 (Dec. 28, 2012); Proposed 34 Com. Reg. 32825 (Sept. 29, 2012).

 

§ 170-20.5-180            Issuance of Annual Report

 

As required by the Tinian Municipal Scholarship Act, 10 CMC § 2201 et seq., the Board shall:

 

(a)        Issue an annual report no later than January 31st of each calendar year to the following entities:

(1)        The Mayor of Tinian and Aguiguan,

(2)        The Tinian Joint Legislative Delegation, and

(3)        The Tinian Municipal Council.

 

(b)        Such annual report shall include the following items:

(1)        The period of the report;

(2)        Regulations and policies adopted. by the Board;

(3)        The amounts of funds for each of the programs and the sources of such funds;

(4)        Educational priorities set by the Board for the period;

(5)        An analysis of the total educational assistance funds expended in each of the priorities of study through the various assistance programs offered;

(6)        A listing of all recipients of educational assistance funds from the Scholarship Fund and indicating the following:

(i)         The degree, certification, or training program being pursued by the recipient.

(ii)        The total length of time assistance was received.

(iii)       The institution attended by recipient.

(iv)       The employing governmental agency/department of the recipient, if applicable.

(v)        The length and location of the training.

(vi)       The total educational assistance funds received by each recipient.

(6)        Such other non-confidential information that the Board determines to be important or necessary for public dissemination.

 

(c)        Such annual report shall be made available to the public through a website or by a public announcement of the availability of such report.

 

History: Adopted 34 Com. Reg. 33118 (Dec. 28, 2012); Proposed 34 Com. Reg. 32825 (Sept. 29, 2012).

 

Commission Comment: The Commission corrected the capitalization of the word “report” in subsection (b)(1) pursuant to 1 CMC § 3806(f). The Commission corrected the period at the end of subsection (b)(5) to a semicolon pursuant to 1 CMC § 3806(g).

 

§ 170-20.5-185            Appeal

 

(a)        An action of the Board may be appealed in writing and received by the Chairman of the Board within thirty days from the final action of the Board.

 

(b)        Such appeal shall be heard and decided in accordance with applicable CNMI law and the CNMI Administrative Procedure Act (1 CMC § 9101 et seq.).

 

History: Adopted 34 Com. Reg. 33118 (Dec. 28, 2012); Proposed 34 Com. Reg. 32825 (Sept. 29, 2012).

 

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


 

 

CHAPTER 170-30

TINIAN CASINO GAMING CONTROL COMMISSION

 

SUBCHAPTER 170-30.1

GENERAL PROVISIONS FOR GAMING APPLICATIONS AND LICENSE REGULATIONS

 

Subchapter Authority: Revised Tinian Gaming Control Act of 1989 §§ 5(8)(c) and 121.

 

Subchapter History: Amdts Adopted 21 Com. Reg. 16997 (Dec. 15, 1999); Amdts Proposed 21 Com. Reg. 16931 (Oct. 15, 1999); Amdts Proposed 14 Com. Reg. 9614 (Sept. 15, 1992);* Proposed 14 Com. Reg. 9047 (Mar. 15, 1992).*

 

*Notices of adoption for the March 1992 and September 1992 proposed regulations have not been published.

 

Commission Comment: The Tinian Casino Gaming Control Act of 1989, Tinian Local Initiative 1 (effective Jan. 1, 1990) is codified at 10 CMC §§ 2511-25129. On August 18, 1993, the Superior Court issued an order approving and adopting a Revised Tinian Casino Gaming Control Act of 1989 (Revised Act). See Commonwealth v. Tinian Casino Gaming Control Comm’n, Civ. No. 91-0690 (N.M.I. Super. Ct. Aug. 18, 1993) (Order Approving and Adopting the Revised Tinian Casino Gaming Control Act of 1989), reprinted in the commission comment to 10 CMC § 25129.

 

The Revised Act § 5(1) establishes the Tinian Casino Gaming Control Commission (TCGCC), charged with the administration of the Revised Act. Section 5(8)(c) grants TCGCC the responsibility to promulgate such regulations as in its judgment may be necessary to fulfill the policies of the Revised Act, in accordance with Commonwealth law. Revised Act § 121 further delineates the regulations TCGCC is authorized to promulgate.

 

On March 15, 1992, the Tinian Casino Gaming Control Commission published proposed “General Provisions for Gaming Applications and License Regulations.” In September 1992, the Commission published proposed amendments. Notices of adoption have not been published.

 

On December 15, 1999, TCGCC published notice of adoption of amendments to § 10-6.1 of the “General Provisions for Gaming Applications and License Regulations.” See 21 Com. Reg. at 16997. The text of the amendment is published at 21 Com. Reg. at 16934-35 (Oct. 15, 1999). Given the adoption of these amendments, the failure to adopt the original regulations appears to be an error. This subchapter, therefore, is reserved for the future adoption of these regulations.

 

Tinian Local Law 14-1 (effective May 24, 2004) significantly amended the Revised Tinian Casino Gaming Control Act of 1989.

 

[Reserved for future adoption of General Provisions for Gaming Applications and License Regulations.]


 

SUBCHAPTER 170-30.2

CASINO APPLICATION AND LICENSURE REGULATIONS

 


Part 001          General Provisions [Reserved]

 

Part 100          License and Registration Requirements

§ 170-30.2-101            Casino Licenses

§ 170-30.2-105            Casino Service Industry Licenses

§ 170-30.2-110            Employee Licenses

§ 170-30.2-115            [Reserved]

 

Part 200          Casino Hotel Facilities

§ 170-30.2-201            Impact of Facilities

§ 170-30.2-205            The Hotel

§ 170-30.2-210            Declaratory Rulings as to Proposed Casino Hotel Facilities

§ 170-30.2-215            Duty to Maintain and Operate a Superior Quality Facility

 

Part 300          Persons Required to Be Qualified

§ 170-30.2-301            Casino Licenses

§ 170-30.2-305            Casino Service Industry Licenses

§ 170-30.2-310            Employee Licenses

§ 170-30.2-315            [Reserved]

 

Part 400          Standards for Qualifications

§ 170-30.2-401            Scope

§ 170-30.2-405            Casino and Employee Licensing Standards

 

Part 500          Statements of Compliance

§ 170-30.2-501            General Provisions

§ 170-30.2-505            Contents

§ 170-30.2-510            Issuance of Licenses

 

Part 600          Information

§ 170-30.2-601            Affirmative Responsibility to Establish Qualifications

§ 170-30.2-605            Duty to Disclose and Cooperate

§ 170-30.2-610            Disposition of Property of a Casino Licensee or Applicant for a Casino License

§ 170-30.2-615            Duty to Promptly Furnish Information

§ 170-30.2-620            Consent to Inspections, Searches and Seizures

§ 170-30.2-625            Waiver of Liability for Disclosure of Information

§ 170-30.2-630            Consent to Examination of Accounts and Records

§ 170-30.2-635            Fingerprinting

§ 170-30.2-640            Photographing

§ 170-30.2-645            Handwriting Exemplars

§ 170-30.2-650            Oath or Affirmation and Attorney Certification

§ 170-30.2-655            Untrue Information

§ 170-30.2-660            Signatures

§ 170-30.2-665            Form of Signature

§ 170-30.2-670            Form of Application

§ 170-30.2-675            Format of Papers

§ 170-30.2-680            Number of Copies

 

Part 700          Application

§ 170-30.2-701            Receipt

§ 170-30.2-705            Filing

§ 170-30.2-710            Processing

§ 170-30.2-715            Public Inspection of Information

§ 170-30.2-720            Amendment

§ 170-30.2-725            Withdrawal

§ 170-30.2-730            Re-application by Natural Person after Denial or Revocation

 

Part 800          Fees and Deposits

§ 170-30.2-801            General Description of Fees and Deposit Policy

§ 170-30.2-805            Fiscal Year

§ 170-30.2-810            License Renewal General Provisions

§ 170-30.2-815            Payment of Fees and Deposits

§ 170-30.2-820            Casino License Fees and Deposits

§ 170-30.2-825            Special Fee Assessments for General Operations of the Commission

§ 170-30.2-830            Costs of Processing a Casino License Application

§ 170-30.2-835            Licensing Costs of Pending Casino License Applications

§ 170-30.2-840            Machine Fees

§ 170-30.2-845            Casino Service Industry License

§ 170-30.2-850            Casino Key Employee License Fees

§ 170-30.2-855            Casino Employee License Fees

§ 170-30.2-860            Obligation to Pay Fees; Non-refundable Nature of Fees

§ 170-30.2-865            Powers and Duties of the Commission

 

Part 900          Reports

§ 170-30.2-901            Annual Audit, Other Reports, Suspicious Activity, and Currency Transaction Reports by a Casino Operator on the Island of Tinian

 

Part 1000        Appointment of an Administrator

§ 170-30.2-1001          Policy of the Commission

§ 170-30.2-1005          Determination to Appoint an Administrator

§ 170-30.2-1010          Qualifications of an Administrator

§ 170-30.2-1015          Compensation of the Administrator; Bonding

§ 170-30.2-1020          Powers , Authorities and Duties of an Administrator

§ 170-30.2-1025          Reports by the Administrator

§ 170-30.2-1030          Payment of Net Earnings

§ 170-30.2-1035          Sale of the Casino or Hotel Casino Complex by the Former or Suspended Legal Owner

§ 170-30.2-1045          Limitation of Personal Liability of the Administrator

§ 170-30.2-1050          Termination of the Administrator


 

Subchapter Authority: Revised Tinian Gaming Control Act of 1989 §§ 5(8)(c) and 121.

 

Subchapter History: Amdts Adopted 38 Com. Reg. 37487 (Jan. 28, 2016); Amdts Proposed 37 Com. Reg. 36936 (Sept. 28, 2015); Amdts Adopted 37 Com. Reg. 36785 (July 30, 2015); Amdts Proposed 36 Com. Reg. 35497 (Sept. 28, 2014); Amdts Adopted 37 Com. Reg. 36020 (Feb. 28, 2015); Amdts Proposed 36 Com. Reg. 35988 (Dec. 28, 2014); Amdts Adopted 25 Com. Reg. 21402 (Sept. 18, 2003); Amdts Proposed 25 Com. Reg. 20691 (July 15, 2003); Amdts Adopted 25 Com. Reg. 20082 (Mar. 31, 2003); Amdts Proposed 24 Com. Reg. 19379 (June 17, 2002); Amdts Adopted 21** Com. Reg. 16569 (Feb. 18, 1999); Amdts Proposed 20 Com. Reg. 16390 (Dec. 15, 1998); Amdts Proposed 18 Com. Reg. 14033 (Mar. 15, 1996); Amdts Adopted 17 Com. Reg. 13663 (Aug. 16, 1995); Amdts Proposed 14 Com. Reg. 8763 (Feb. 15, 1992); Amdts Adopted 17 Com. Reg. 13521 (June 15, 1995); Amdts Proposed 17 Com. Reg. 13241 (Apr. 15, 1995); Amdts Proposed 16 Com. Reg. 11631 (Jan. 15, 1994); (superseding May 26, 1992 and July 15, 1992 proposed regulations);* Amdts Proposed 14 Com. Reg. 9387 (July 15, 1992);* Amdts Emergency and Proposed 14 Com. Reg. 9214 (May 26, 1992) (effective for 120 days from May 22, 1992);* Amdts Adopted 13 Com. Reg. 8555 (Dec. 15, 1991); Amdts Proposed 13 Com. Reg. 7802 (July 15, 1991); Adopted 13 Com. Reg. 7855 (Aug. 15, 1991); Proposed 13 Com. Reg. 7736 (June 15, 1991); Adopted 13 Com. Reg. 7854 (Aug. 15, 1991); Proposed 13 Com. Reg. 7686 (May 15, 1991).

 

*The January 1994 proposed amendments superseded the July 1992 and May 1992 proposed amendments. A notice of adoption for the January 1994 proposed amendments was never published.

 

**Commonwealth Register volume 21, number 2, pages 16459- 16571 are mislabeled as volume 20.

 

Commission Comment: The Tinian Casino Gaming Control Act of 1989, Tinian Local Initiative 1 (effective Jan. 1, 1990) is codified at 10 CMC §§ 2511-25129. On August 18, 1993, the Superior Court issued an order approving and adopting a Revised Tinian Casino Gaming Control Act of 1989 (Revised Act). See Commonwealth v. Tinian Casino Gaming Control Comm’n, Civ. No. 91-0690 (N.M.I. Super. Ct. Aug. 18, 1993) (Order Approving and Adopting the Revised Tinian Casino Gaming Control Act of 1989), reprinted in the commission comment to 10 CMC § 25129.

 

The Revised Act § 5(1) establishes the Tinian Casino Gaming Control Commission (TCGCC), charged with the administration of the Revised Act. Section 5(8)(c) grants TCGCC the responsibility to promulgate such regulations as in its judgment may be necessary to fulfill the policies of the Revised Act, in accordance with Commonwealth law. Revised Act § 121 further delineates the regulations TCGCC is authorized to promulgate.

 

Prior to 1991, the Tinian Casino Gaming Control Commission published emergency and proposed “Regulations Regarding Application Form for a Casino License and Fee for Obtaining an Authorized Application.” Notices of permanent adoption were never published. The history of these regulations is as follows: Emergency and Proposed 12 Com. Reg. 7230 (Aug. 15, 1990) (effective for 120 days from July 11, 1990);** Emergency and Proposed 12 Com. Reg. 7204 (July 15, 1990) (effective for 120 days from June 29, 1990).

 

**Commonwealth Register volume 12, number 8, pages 7205-7273 are mislabeled as number 7.

 

Tinian Local Law 14-1 (effective May 24, 2004) significantly amended the Revised Tinian Casino Gaming Control Act of 1989. These regulations have not been updated to conform with TLL 14-1. To the extent these regulations conflict with TLL 14-1, they are superseded.

 

In July 2015 the Tinian Casino Gaming Control Commission adopted regulations regarding the appointment of an administrator for the casino. 37 Com. Reg. 36785 (July 30, 2015). The regulations were proposed as amendments to the personnel regulations at Subchapter 170-30.5. 36 Com. Reg. 35497 (Sept. 28, 2014). Pursuant to 1 CMC §3806(b), however, the Law Revision Commission codified these regulations in part 1000 of subchapter 170-30.2 to fit harmoniously within the code. The Law Revision Commission numbered the regulations  to conform to the numbering scheme of the code pursuant to 1 CMC § 3806(a).

 

Part 001 -       General Provisions

 

[Reserved.]

 

Part 100 -       License and Registration Requirements

 

§ 170-30.2-101            Casino Licenses

 

(a)        No person shall own or operate a casino unless a casino license shall have first been issued to every person eligible to apply for a casino license concerning the said casino.

 

(b)        Only the following persons shall be eligible to apply for a casino license:

(1)        Any person who either owns 100 percent of an approved hotel or owns or has a contract to purchase or construct a hotel which in the judgment of the Tinian Casino Gaming Control Commission (Commission) can become an approved hotel within 30 months unless otherwise extended by the Commission;

(2)        Any person who in accordance with § 21 of the Tinian Casino Gaming Control Act of 1989 (Act), whether under terms involving payments of a fixed sum or otherwise and whether as either a lessor or a lessee, either leases 100 percent of an approved hotel or leases or has an agreement to lease 100 percent of a hotel which in the judgment of the Commission can become an approved hotel with 30 months unless otherwise extended by the Commission;

(3)        Any person who both has an agreement for the complete management of a casino in accordance with § 22 of the Act, whether under terms involving payments of a fixed sum or otherwise, and either owns 100 percent of or controls any approved hotel; and

(4)        Any other person who is eligible in accordance with part III or any other provision of the Act.

 

(c)        No corporation shall be eligible to apply for or hold a casino license unless it shall, in accordance with the provisions of the Act and the regulations of the Commission:

(1)        Have been incorporated in the Commonwealth of the Northern Mariana Islands (CNMI);

(2)        Maintain an office in the premises licensed or to be licensed;

(3)        Comply with all requirements of the laws of the CNMI pertaining to corporations;

(4)        Maintain a ledger in its principal office in the CNMI reflecting the current ownership of every class of security issued by the said corporation;

(5)        Maintain all operating accounts required by the Commission in a bank or banks in the CNMI.

(6)        Provide in its charter among the purposes stated the conduct of casino gaming;

(7)        If not a publicly traded corporation, establish by appropriate charter or bylaw provisions that, upon Commission disapproval of any future transfer of any corporate security of, share of, or other interest in the applicant corporation or any holding company intermediary company or subsidiary thereof, such corporations and companies shall have the absolute right to repurchase same; and

(8)        If a publicly traded corporation, establish by appropriate charter or, bylaw provisions that, upon Commission disqualification of any holder of any security of the applicant corporation, such holder shall dispose of his security interest therein.

 

(d)       No corporation shall be eligible to apply for or hold a casino license unless each corporate and non-corporate holding company and intermediary company with respect thereto shall first qualify to do business in the CNMI.

 

Modified, 1 CMC § 3806(f).

 

History: Amdts Proposed 16 Com. Reg. 11631 (Jan. 15, 1994); (superseding May 26, 1992 and July 15, 1992 proposed regulations); Amdts Proposed 14 Com. Reg. 9387 (July 15, 1992); Amdts Emergency and Proposed 14 Com. Reg. 9214 (May 26, 1992) (effective for 120 days from May 22, 1992); Adopted 13 Com. Reg. 7855 (Aug. 15, 1991); Proposed 13 Com. Reg. 7736 (June 15, 1991).

 

Commission Comment: The January 1994 proposed amendments superseded amendments proposed in May 1992 and July 1992 and proposed to readopt the Casino Application and Licensure Regulations codified in this subchapter in their entirety with numerous amendments. A notice of adoption has not been published and, therefore, the Commission has not incorporated the proposed changes.

 

The Commission inserted a comma after the word “of” in subsection (c)(7) pursuant to 1 CMC § 3806(g).

 

§ 170-30.2-105            Casino Service Industry Licenses

 

(a)        No enterprise shall, on a regular or continuing basis, provide any goods or services to or conduct any business whatsoever with a casino, a casino licensee, its employees or agents, whether or not said goods, services, or business directly relates to casino or gaming activity, unless a casino service industry license authorizing the particular casino service business shall have first been issued to the enterprise.

 

(b)        No casino licensee shall conduct any school teaching gaming or playing or dealing techniques unless a separate casino service industry license authorizing the particular gaming school shall have first been issued to the casino licensee.

 

(c)        The following casino service industry enterprises shall be required to be licensed as casino service industries in accordance with § 47 of the Act:

(1)        All enterprises providing goods and services or doing any business whatsoever which directly relates to casino or gaming activity;

(2)        All schools teaching gaming, playing or dealing techniques;

(3)        All gaming equipment manufacturers, suppliers, distributors, servicers, and repairers; and

(4)        All casino hotel security service enterprises.

(5)        All enterprises providing goods or services or doing any business whatsoever which does not directly relate to casino or gaming activity;

(6)        All suppliers of alcoholic beverages, food, and nonalcoholic beverages;

(7)        All garbage handlers;

(8)        All vending machine providers;

(9)        All linen suppliers;

(10)      All maintenance companies;

(11)      All shopkeepers located within any approved hotel; and

(12)      All limousine service enterprises.

 

(d)       The Commission may exempt any person or field of commerce from the casino service industry licensing requirements of § 47 of the Act if it finds:

(1)        That such person or field of commerce is regulated by a public agency; and

(2)        That licensure is not necessary to protect the public interest; and

(3)        That licensure is not necessary to accomplish the policies established by the Act.

 

Modified, 1 CMC § 3806(f).

 

History: Amdts Proposed 16 Com. Reg. 11631 (Jan. 15, 1994); (superseding May 26, 1992 and July 15, 1992 proposed regulations); Amdts Proposed 14 Com. Reg. 9387 (July 15, 1992); Amdts Emergency and Proposed 14 Com. Reg. 9214 (May 26, 1992) (effective for 120 days from May 22, 1992); Adopted 13 Com. Reg. 7855 (Aug. 15, 1991); Proposed 13 Com. Reg. 7736 (June 15, 1991).

 

Commission Comment: See the commission comment to § 170-30.2-101.

 

The Commission inserted commas after the words “services” in subsection (a), “servicers” in subsection (c)(3), and “food” in subsection (c)(6) pursuant to 1 CMC § 3806(g).

 

§ 170-30.2-110            Employee Licenses

 

(a)        No natural person shall be employed in the operation of a licensed casino in a supervisory capacity or empowered to make discretionary decisions which regulate casino operation unless he shall be over 21 years of age and unless a casino key employee license authorizing the particular position of employment shall have first been issued to him in accordance with § 31 of the Act. While excluding casino employees as defined in the Act, this category includes:

(1)        Pit bosses;

(2)        Shift bosses;

(3)        Supervisors;

(4)        Cashiers;

(5)        Casino managers;

(6)        Casino assistant managers;

(7)        Supervisors of casino security employees;

(8)        Any employee of a casino licensee empowered to procure or purchase or contract for any entertainment, food, beverages, supplies, equipment, furnishings, or any other goods or services whatsoever involving an annual expenditure of $500.00 or greater;

(9)        Junket representatives; and

(10)      Any employee whatsoever of a casino licensee so designated by the Commission.

 

(b)        No natural person shall be employed in the operation of a licensed casino whose employment duties require or authorize access to the casino unless he shall be over 21 years of age and unless a casino employee license authorizing the particular position of employment shall have first been issued to him in accordance with § 31 of the Act. This category includes:

(1)        Boxmen;

(2)        Dealers;

(3)        Croupiers;

(4)        Floormen;

(5)        Tellers;

(6)        Countroom personnel;

(7)        Any natural person employed by a casino or its agent to provide physical security in a casino hotel; and

(8)        Any employee whatsoever of a casino licensee so designated by the Commission.

 

(c)        Every casino key employee and casino employee, except those approved by the Chairman, shall wear in a conspicuous manner their license credential issued by the Commission at all times while employed in the casino area which includes without limitation, the casino floor, cashier’s cage, countrooms, eye-in-the-sky, and closed circuit television monitoring.

 

(d)       No casino licensee shall permit any casino key employee or casino employee, except those approved by the Chairman, to work in the casino area without the wearing of their license credential as required herein.

 

(e)        Each casino licensee shall provide each such employee with a holder for the Commission license credential which shall contain the name of the casino/hotel complex, shall be numerically controlled and shall permit the prominent display of the information contained on the license credential. Thirty days prior to the use of any such holder, a casino licensee or permittee shall submit a prototype to the Commission along with a narrative description of the proposed manner in which employees will be required to wear such holder.

 

(f)        In those situations where a license credential is lost or destroyed, a casino key or casino employee may be authorized to enter the casino area to perform employment duties so long as:

(1)        The loss or destruction of the license is promptly reported in writing to the Commission;

(2)        The employee applies for a new license credential; and

(3)        Permission is received from a duly authorized Commission representative to do so.

 

(g)        For any violation of subsections (c) and (d) of this section, the Commission may impose the sanctions authorized by the Act.

 

Modified, 1 CMC § 3806(c), (g).

 

History: Amdts Proposed 16 Com. Reg. 11631 (Jan. 15, 1994); (superseding May 26, 1992 and July 15, 1992 proposed regulations); Amdts Proposed 14 Com. Reg. 9387 (July 15, 1992); Amdts Emergency and Proposed 14 Com. Reg. 9214 (May 26, 1992) (effective for 120 days from May 22, 1992); Adopted 13 Com. Reg. 7855 (Aug. 15, 1991); Proposed 13 Com. Reg. 7736 (June 15, 1991).

 

Commission Comment: See the commission comment to § 170-30.2-101.

 

In subsections (b)(5) and (b)(6), the Commission inserted the final semi-colons. The Commission inserted commas after the words “furnishings” in subsection (a)(8) and “eye-in-the-sky” in subsection (c) pursuant to 1 CMC § 3806(g).

 

§ 170-30.2-115

 

[Reserved.]

 

History: Amdts Proposed 16 Com. Reg. 11631 (Jan. 15, 1994); (superseding May 26, 1992 and July 15, 1992 proposed regulations); Amdts Proposed 14 Com. Reg. 9387 (July 15, 1992); Amdts Emergency and Proposed 14 Com. Reg. 9214 (May 26, 1992) (effective for 120 days from May 22, 1992); Adopted 13 Com. Reg. 7855 (Aug. 15, 1991); Proposed 13 Com. Reg. 7736 (June 15, 1991).

 

Commission Comment: See the commission comment to § 170-30.2-101.

 

Part 200 -       Casino Hotel Facilities

 

§ 170-30.2-201            Impact of Facilities

 

No casino license shall be issued unless the Commission shall have first been satisfied of that:

 

(a)        That the casino, its related facilities, and its proposed location are suitable;

 

(b)        That the proposed casino hotel will not adversely affect other licensed casino operations or facilities;

 

(c)        That the proposed facilities comply in all respects with all requirements of the Act and the regulations of the Commission;

 

(d)       That the proposed facilities comply in all respects with all requirements of the master plan of the Municipality of Tinian and Aguiguan.

 

(e)        That the patron market is adequate; and

 

(f)        That the proposal will not adversely affect overall environmental, economic, social, demographic or competitive conditions or natural resources of either Tinian or the Commonwealth.

 

History: Amdts Proposed 16 Com. Reg. 11631 (Jan. 15, 1994); (superseding May 26, 1992 and July 15, 1992 proposed regulations); Amdts Proposed 14 Com. Reg. 9387 (July 15, 1992); Amdts Emergency and Proposed 14 Com. Reg. 9214 (May 26, 1992) (effective for 120 days from May 22, 1992); Adopted 13 Com. Reg. 7855 (Aug. 15, 1991); Proposed 13 Com. Reg. 7736 (June 15, 1991).

 

Commission Comment: See the commission comment to § 170-30.2-101.

 

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

 

§ 170-30.2-205            The Hotel

 

No casino license shall be issued unless the casino shall be located within an approved hotel which conforms in all respects to all facilities requirements of the Act and the regulations of the Commission, unless such approved hotel:

 

(a)        Is under one ownership;

 

(b)        Is a single building located within Tinian with or without additional buildings or facilities annexed by means of physical connection;

 

(c)        Contains not fewer than 300 sleeping units of at least 325 square feet each held available and used regularly for the lodging of tourists and convention guests;

 

(d)       Contains the minimum amount of indoor dining; entertaining, and sports facilities space;

 

(e)        Contains a casino room of a minimum of 10,000 square feet conforming in all respects to the entrance and visibility requirements set forth in the Act, and the facilities of which are arranged to promote maximum patron comfort and optimum casino operational security and an atmosphere of social graciousness;

 

(f)        Contains a closed circuit television system;

 

(g)        Contains specifically designated and secure areas for the inspection, repair, and storage of gaming equipment;

 

(h)        Contains a count room and such other secure facilities for the inspection, counting, and storage of cash, coins, tokens, checks, dice, cards, chips, and other representatives of value; and

 

(i)         Contains such facilities in the ceiling of the casino room commonly referred to as an “eye-in-the-sky” appropriate to permit direct overhead visual surveillance of all gaming therein; provided, however, that the Commission may exempt from this requirement any casino room in any building if it is satisfied that same contains an acceptable approved alternative and that such an exemption would not be inimical to the policy of this Act and of the regulations of the Commission;

 

(j)         Contains facilities suitable for all family, cabaret and pub entertainment requirements; and

 

(k)        Complies with the Tinian Master Plan and all Commonwealth and local laws and ordinances.

 

Modified, 1 CMC § 3806(f), (g).

 

History: Amdts Proposed 16 Com. Reg. 11631 (Jan. 15, 1994); (superseding May 26, 1992 and July 15, 1992 proposed regulations); Amdts Proposed 14 Com. Reg. 9387 (July 15, 1992); Amdts Emergency and Proposed 14 Com. Reg. 9214 (May 26, 1992) (effective for 120 days from May 22, 1992); Adopted 13 Com. Reg. 7855 (Aug. 15, 1991); Proposed 13 Com. Reg. 7736 (June 15, 1991).

 

Commission Comment: See the commission comment to § 170-30.2-101.

 

In subsection (k), the Commission changed “comply” to “complies” to correct a manifest error. The Commission inserted commas after the words “entertaining” in subsection (d), “repair” in subsection (g), “counting” and “chips” in subsection (h), and “cabaret” in subsection (j) pursuant to 1 CMC § 3806(g).

 

§ 170-30.2-210            Declaratory Rulings as to Proposed Casino Hotel Facilities

 

(a)        Upon the petition of any person who owns, has a contract to purchase or construct, leases, or has an agreement to lease any building or site located within the limits of Tinian and who intends to and is able to complete a proposed casino hotel facility therein or thereon, the Commission may in its discretion make a declaratory ruling as to whether or not the conformance of the proposed casino hotel facility to any of the facilities requirements of the Act and the regulations of the Commission has been established by clear and convincing evidence.

 

(b)        It shall be the affirmative responsibility of each such petitioner to file all information, documentation, and assurances material to the requested declaratory ruling in such form as is required of an applicant for a casino license, which may include the filing of a completed “casino hotel facility statement.”

 

(c)        The Commission shall afford the interested parties an opportunity for hearing upon any petition for a declaratory ruling as to a proposed casino hotel facility.

 

(d)       A declaratory ruling as to a proposed casino hotel facility shall bind the Commission and the parties to the proceedings on the statement of facts set forth therein and shall be deemed a final action provided, however, that no casino license shall be issued concerning any such casino hotel facility unless compliance with every requirement of the Act and regulations of the Commission as of the time of the issuance of such license shall have first been established.

 

(e)        No petition for a declaratory ruling shall be accepted by the Commission unless the petitioner shall first have paid in full a fee of not less than $5,000 and in such further amount as the Commission may, in its discretion, deem reasonable, proper and appropriate in relation to the operating expenses of the Commission in considering the petition.

 

Modified, 1 CMC § 3806(g).

 

History: Amdts Proposed 16 Com. Reg. 11631 (Jan. 15, 1994); (superseding May 26, 1992 and July 15, 1992 proposed regulations); Amdts Proposed 14 Com. Reg. 9387 (July 15, 1992); Amdts Emergency and Proposed 14 Com. Reg. 9214 (May 26, 1992) (effective for 120 days from May 22, 1992); Adopted 13 Com. Reg. 7855 (Aug. 15, 1991); Proposed 13 Com. Reg. 7736 (June 15, 1991).

 

Commission Comment: In subsection (b), the Commission moved the final period inside of the closing quotation mark. The Commission inserted commas after the words “leases” in subsection (a), “documentation” in subsection (b), and “proper” in subsection (e) pursuant to 1 CMC § 3806(g).

 

See the commission comment to § 170-30.2-101.

 

§ 170-30.2-215            Duty to Maintain and Operate a Superior Quality Facility

 

Every casino licensee shall have a continuing duty to maintain and operate its entire convention hotel complex as a facility of a superior, exceptional, first class, five star and deluxe quality, to submit the said complex to periodic inspections by the Commission, and to promptly comply with all requirements and directives of the Commission relating to the maintenance and operation of the said complex as a facility of a superior and first class quality.

 

History: Amdts Proposed 16 Com. Reg. 11631 (Jan. 15, 1994); (superseding May 26, 1992 and July 15, 1992 proposed regulations); Amdts Proposed 14 Com. Reg. 9387 (July 15, 1992); Amdts Emergency and Proposed 14 Com. Reg. 9214 (May 26, 1992) (effective for 120 days from May 22, 1992); Adopted 13 Com. Reg. 7855 (Aug. 15, 1991); Proposed 13 Com. Reg. 7736 (June 15, 1991).

 

Commission Comment: See the commission comment to § 170-30.2-101.

 

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

 

Part 300 -       Persons Required to Be Qualified

 

§ 170-30.2-301            Casino Licenses

 

No casino license shall issue unless the individual qualifications of each of the following persons shall have first been established in accordance with all provisions, including those cited, of the Act and of the regulations of the Commission:

 

(a)        Each applicant for and person required to apply for a casino license in accordance with the casino license standards as set forth in § 17 of the Act;

 

(b)        Each of the following financial sources, either in effect or proposed, of, in or to the submitted casino proposal in accordance with the casino license standards as set forth in § 17(b) of the Act;

(1)        Each financial backer;

(2)        Each investor;

(3)        Each mortgagee;

(4)        Each bond holder; and

(5)        Each holder of debenture, notes, or other evidence of indebtedness, either in effect or proposed;

 

(c)        Each of the following persons of every corporate applicant for a casino license and of every corporate holding company of and corporate intermediary company of every corporate applicant for a casino license in accordance with the casino key employee standards;

(1)        Each officer;

(2)        Each director;

(3)        Each person who directly or indirectly holds any beneficial interest or ownership of the securities issued by the corporation;

(4)        Any person who in the opinion of the Commission has the ability to control the corporation or elect a majority of the board of directors of that corporation, other than a banking or other licensed lending institution which holds a mortgage or other lien acquired in the ordinary course of business;

(5)        Each principal employee; and

(6)        Any lender, underwriter, agent, or employee of the corporation whom the Commission may consider appropriate for approval or qualification;

 

(d)       In the case of a publicly-traded corporate holding company of a corporate applicant for a casino license, the individual qualifications may be waived as to:

(1)        Any such person of the publicly-traded corporate holding company who is not significantly involved in the activities of the corporate applicant for the casino license; and

(2)        Any such security holder of a publicly-traded corporate holding company who does not have the ability to elect a director of or to control the said holding company;

 

(e)        Each of the following persons of every non-corporate applicant for a casino license and of every non-corporate holding company of and non-corporate intermediary company of every corporate applicant for a casino license in accordance with the casino key employee standards:

(1)        Each person who directly or indirectly holds any beneficial interest or ownership in the applicant for the casino license;

(2)        Each person who in the opinion of the Commission has the ability to control the applicant for the casino license; and

(3)        Each person whom the Commission may consider appropriate for approval or qualification.

 

Modified, 1 CMC § 3806(g).

 

History: Amdts Proposed 16 Com. Reg. 11631 (Jan. 15, 1994); (superseding May 26, 1992 and July 15, 1992 proposed regulations); Amdts Proposed 14 Com. Reg. 9387 (July 15, 1992); Amdts Emergency and Proposed 14 Com. Reg. 9214 (May 26, 1992) (effective for 120 days from May 22, 1992); Adopted 13 Com. Reg. 7855 (Aug. 15, 1991); Proposed 13 Com. Reg. 7736 (June 15, 1991).

 

Commission Comment: In subsection (a), the Commission deleted the repeated word “a.” The Commission inserted commas after the words “notes” in subsection (b)(5) and “agent” in subsection (c)(6) pursuant to 1 CMC § 3806(g).

 

See the commission comment to § 170-30.2-101.

 

§ 170-30.2-305            Casino Service Industry Licenses

 

No casino service industry license shall issue unless the individual qualifications of each of the following persons shall have first been established in accordance with all provisions, including those cited, of the Act and of the regulations of the Commission:

 

(a)        In the case of casino service industry licenses issued in accordance with § 47 of the Act;

(1)        Each such casino service industry enterprise, its owners, its management personnel, its supervisory personnel, and its principal employees in accordance with the casino employee standards; and

(2)        Each employee of such casino service industry school teaching gaming or playing or dealing techniques in accordance with the casino employee standard.

 

Modified, 1 CMC § 3806(g).

 

History: Amdts Proposed 16 Com. Reg. 11631 (Jan. 15, 1994); (superseding May 26, 1992 and July 15, 1992 proposed regulations); Amdts Proposed 14 Com. Reg. 9387 (July 15, 1992); Amdts Emergency and Proposed 14 Com. Reg. 9214 (May 26, 1992) (effective for 120 days from May 22, 1992); Adopted 13 Com. Reg. 7855 (Aug. 15, 1991); Proposed 13 Com. Reg. 7736 (June 15, 1991).

 

Commission Comment: In the opening paragraph, the Commission deleted the repeated word “the.” The Commission inserted a comma after the word “personnel” in subsection (a)(1) pursuant to 1 CMC § 3806(g).

 

See the commission comment to § 170-30.2-101.

 

§ 170-30.2-310            Employee Licenses

 

No employee license shall issue unless the individual qualifications of the natural person applying therefor shall have first been established in accordance with the standards of the Act and of the regulations of the Commission.

 

History: Amdts Proposed 16 Com. Reg. 11631 (Jan. 15, 1994); (superseding May 26, 1992 and July 15, 1992 proposed regulations); Amdts Proposed 14 Com. Reg. 9387 (July 15, 1992); Amdts Emergency and Proposed 14 Com. Reg. 9214 (May 26, 1992) (effective for 120 days from May 22, 1992); Adopted 13 Com. Reg. 7855 (Aug. 15, 1991); Proposed 13 Com. Reg. 7736 (June 15, 1991).

 

Commission Comment: See the commission comment to § 170-30.2-101.

 

§ 170-30.2-315

 

[Reserved.]

 

History: Amdts Proposed 16 Com. Reg. 11631 (Jan. 15, 1994); (superseding May 26, 1992 and July 15, 1992 proposed regulations); Amdts Proposed 14 Com. Reg. 9387 (July 15, 1992); Amdts Emergency and Proposed 14 Com. Reg. 9214 (May 26, 1992) (effective for 120 days from May 22, 1992); Adopted 13 Com. Reg. 7855 (Aug. 15, 1991); Proposed 13 Com. Reg. 7736 (June 15, 1991).

 

Commission Comment: See the commission comment to § 170-30.2-101.

 

Part 400 -       Standards for Qualifications

 

§ 170-30.2-401            Scope

 

No license shall issue unless each person required to qualify shall have first qualified in accordance with the following standards applicable to the said person as set forth in the Act and the regulations of the Commission.

 

History: Amdts Proposed 16 Com. Reg. 11631 (Jan. 15, 1994); (superseding May 26, 1992 and July 15, 1992 proposed regulations); Amdts Proposed 14 Com. Reg. 9387 (July 15, 1992); Amdts Emergency and Proposed 14 Com. Reg. 9214 (May 26, 1992) (effective for 120 days from May 22, 1992); Adopted 13 Com. Reg. 7855 (Aug. 15, 1991); Proposed 13 Com. Reg. 7736 (June 15, 1991).

 

Commission Comment: See the commission comment to § 170-30.2-101.

 

§ 170-30.2-405            Casino and Employee Licensing Standards

 

(a)        General and Affirmative Criteria

(1)        It shall be the affirmative responsibility of each applicant and licensee to establish by clear and convincing evidence his individual qualifications, and for a casino licensee the qualifications of each person who is required to be qualified under this Act.

(2)        Any applicant or licensee shall provide all information required by the Act and satisfy all requests for information pertaining to qualification.

(3)        All applicants and licensees shall have the continuing obligation to provide any assistance or information required by the Commission and to cooperate in any inquiry or investigation conducted by the Commission.

(4)        Each applicant shall produce such information, documentation, and assurances concerning financial background and resources as may be required to establish by clear and convincing evidence the financial stability and integrity of the applicant including but not limited to bank references, business and personal income, tax-returns and other reports filed with governmental agencies.

(5)        Each applicant shall produce such information, documentation, and assurances as may be necessary to establish, by clear and convincing evidence the integrity of all financial backers, investors, mortgagees, bondholders, and holders of indentures, notes, or other evidence of indebtedness either proposed or in effect. The integrity of financial sources shall be judged upon the same standards as the applicant. The applicant shall produce whatever information documentation and assurances as may be required to establish the adequacy of financial resources to both construct and operate the casino hotel.

(6)        Each applicant shall produce such information, documentation, and assurances as may be required to establish by clear and convincing evidence the applicant’s good character, honesty, and integrity. Such information shall include but not be limited to family habits, character, reputation, criminal and arrest record, business activities, financial affairs, professional and business associates covering a 10 year period immediately proceeding* the filing of the application.

 

* So in original.

 

(7)        Each applicant shall produce such information, documentation, and assurances to establish by clear and convincing evidence that the applicant has sufficient business ability and casino experience to establish the likelihood of the creation and maintenance of a successful casino operation.

 

(b)        Disqualification Criteria

The Commission shall deny a casino license to any applicant who is disqualified on the basis of the following:

(1)        Failure of the applicant to prove by clear and convincing evidence that the applicant is qualified in accordance with the provisions of the Act.

(2)        Failure of the applicant to provide information, documentation, or assurances required by the Act or requested by the Commission or failure of the applicant to reveal any fact material to qualification or the supplying of information which is untrue or misleading as to any material fact.

(3)        Conviction of the applicant or any person required to be qualified, of any offense in any jurisdiction which would be:

6 CMC 1101               Murder

6 CMC 1203               Aggravated Assault and Battery

6 CMC 1301               Rape

6 CMC 1309               Rape by object

6 CMC 1311               Sexual abuse of a child

6 CMC 1323               Child pornography

6 CMC 1411               Robbery

6 CMC 1421               Kidnapping

6 CMC 1432               Usurping control of aircraft

6 CMC 1433               Mutiny on a vessel

6 CMC 1601(b)(1)      Theft of property or services in excess of $20,000.00 or more

6 CMC 1603               Theft by deception

6 CMC 1604               Theft by extortion

6 CMC 1606               Receiving stolen property

6 CMC 1607               Theft of services

6 CMC 1608               Theft by failure to make required disposition of funds received

6 CMC 1701               Forgery

6 CMC 1705               Deceptive business practices

6 CMC 1707               Counterfeiting

6 CMC 1802               Arson and related offenses

6 CMC 2141(a) and (b)(1)      Offenses and penalties for illegal drug use

6 CMC 2143               Commercial offenses - drug offenses

6 CMC 2144               Fraud offenses - manufacture/distribution penalties

6 CMC 2145               Attempt and conspiracies drug offenses

6 CMC 2147               Distribution to persons under 18

6 CMC 3155               Gambling offenses prohibited

6 CMC 3201               Bribery

6 CMC 3302               Obstructing justice

6 CMC 3303               Obstructing justice - interference of services

6 CMC 3304               Tampering with judicial records or process

6 CMC 3305               Tampering with jury

6 CMC 3366               Perjury

Conspiracies or attempts in conjunction with any offense listed above shall be disqualifying.

(4)        Any other offenses under CNMI, federal law, or any other jurisdiction which indicates that licensure of the applicant would be inimical to the policy of the Act and to casino operations; however, that the automatic disqualification provisions of the subsection shall not apply with regard to any conviction which did not occur within the 10 year period immediately proceeding* the application for licensure or any conviction which has been the subject of a judicial order of expungement or sealing.

 

* So in original.

 

(5)        Current prosecution or pending charges in any jurisdiction of the applicant or of any person who is required to be qualified under this Act for any of the offenses enumerated above; provided, however that at the request of the applicant or person charged, the Commission shall defer discussion upon such application during the pendency of such charge.

(6)        The identification of the applicant or any person who is required to be qualified under this Act as a career offender or a member of a career offender cartel or an associate of a career offender or career offender cartel in such a manner which creates a reasonable belief that the association is of such a nature as to be inimical to the policies of the Act and a casino operations. For purposes of this section, career offender shall be defined as any person whose behavior is pursued in an occupational manner or context for the purpose of economic gain, utilizing such methods as are deemed criminal of the public policy of the Commonwealth. A career offender cartel shall be defined as any group of persons who operate together as career offenders.

(7)        The commission by the applicant or any person who is required to be qualified under this Act as a condition of a casino license of any act or acts which would constitute any offense under subsections (3) or (4), even if such conduct has not or may not be prosecuted under the criminal laws of the Commonwealth.

 

Modified, 1 CMC § 3806(d), (f), (g).

 

History: Amdts Proposed 16 Com. Reg. 11631 (Jan. 15, 1994); (superseding May 26, 1992 and July 15, 1992 proposed regulations); Amdts Proposed 14 Com. Reg. 9387 (July 15, 1992); Amdts Emergency and Proposed 14 Com. Reg. 9214 (May 26, 1992) (effective for 120 days from May 22, 1992); Adopted 13 Com. Reg. 7855 (Aug. 15, 1991); Proposed 13 Com. Reg. 7736 (June 15, 1991); Adopted 13 Com. Reg. 7854 (Aug. 15, 1991); Proposed 13 Com. Reg. 7686 (May 15, 1991).

 

Commission Comment: In the June 1991 publication of the regulations codified in this part, § 1-4.2, codified in this section, stated: “Will be published separately from the regulations in this chapter.” See 13 Com. Reg. at 7745 (June 15, 1991). Section 1-4.2, codified in this section, had been previously published at the end of the May 1991 regulations, codified in subchapter 30.4 of this title. See 13 Com. Reg. at 7694-7696 (May 15, 1991).

 

In subsections (b)(4) and (b)(5), the Commission corrected the spelling of “expungement” and “pendency,” respectively. In subsection (b)(6), the Commission changed “defend” to “defined” and “is” to “as” to correct manifest errors. The Commission inserted commas after the words “documentation” in subsections (a)(4), (a)(5), (a)(6), (a)(7), and (b)(2), “bondholder” and “notes” in subsection (a)(5), “honesty” in subsection (a)(6), and “law” in subsection (a)(4) pursuant to 1 CMC § 3806(g).

 

See also the commission comment to § 170-30.2-101.

 

Part 500 -       Statements of Compliance

 

§ 170-30.2-501            General Provisions

 

The Commission may in its discretion, issue a revocable statement of compliance to an applicant for any license certifying that all requirement relating to a particular specified eligibility criterion or stage in the license consideration process have been complied with at any time the Commission is satisfied that any such requirements have been established by the applicant in accordance with the Act and regulations of the Commission.

 

Modified, 1 CMC § 3806(f).

 

History: Amdts Proposed 16 Com. Reg. 11631 (Jan. 15, 1994); (superseding May 26, 1992 and July 15, 1992 proposed regulations); Amdts Proposed 14 Com. Reg. 9387 (July 15, 1992); Amdts Emergency and Proposed 14 Com. Reg. 9214 (May 26, 1992) (effective for 120 days from May 22, 1992); Adopted 13 Com. Reg. 7855 (Aug. 15, 1991); Proposed 13 Com. Reg. 7736 (June 15, 1991).

 

Commission Comment: See the commission comment to § 170-30.2-101.

 

§ 170-30.2-505            Contents

 

Every statement of compliance shall:

 

(a)        Specify the particular criterion or stage complied with and indicate that such applicant has qualified for licensure in relation to the criterion or stage specified;

 

(b)        Set forth, as its date of issuance, the date as of which such compliance existed;

 

(c)        Set forth its date of expiration;

 

(d)       Indicate that it is automatically revoked without further Commission action as of the day following its date of expiration; and

 

(e)        Indicate that it may be revoked by the Commission upon a finding that a change of circumstances has affected such compliance, that the applicant has otherwise failed to qualify for licensure, that the applicant has failed to comply with any conditions imposed by the Commission or that any other reason for revocation exists.

 

Modified, 1 CMC § 3806(f).

 

History: Amdts Proposed 16 Com. Reg. 11631 (Jan. 15, 1994); (superseding May 26, 1992 and July 15, 1992 proposed regulations); Amdts Proposed 14 Com. Reg. 9387 (July 15, 1992); Amdts Emergency and Proposed 14 Com. Reg. 9214 (May 26, 1992) (effective for 120 days from May 22, 1992); Adopted 13 Com. Reg. 7855 (Aug. 15, 1991); Proposed 13 Com. Reg. 7736 (June 15, 1991).

 

Commission Comment: The January 1994 amendments proposed to delete this section and § 170-30.2-510 and add new §§ 1:5.2-1:5.11 to this part. See 16 Com. Reg. at 11645-11649 (Jan. 15, 1994). A notice of adoption has not been published and, therefore, the Commission has not incorporated the proposed changes. See also the commission comment to § 170- 30.2-101.

 

§ 170-30.2-510            Issuance of Licenses

 

No license shall be issued to any person to whom a statement of compliance has been issued unless every qualification of such person as of the time of the issuance of such license shall have first been established in accordance with the Act and regulations of the Commission.

 

Modified, 1 CMC § 3806(f).

 

History: Amdts Proposed 16 Com. Reg. 11631 (Jan. 15, 1994); (superseding May 26, 1992 and July 15, 1992 proposed regulations); Amdts Proposed 14 Com. Reg. 9387 (July 15, 1992); Amdts Emergency and Proposed 14 Com. Reg. 9214 (May 26, 1992) (effective for 120 days from May 22, 1992); Adopted 13 Com. Reg. 7855 (Aug. 15, 1991); Proposed 13 Com. Reg. 7736 (June 15, 1991).

 

Commission Comment: The January 1994 amendments proposed to delete this section and § 170-30.2-505 and add new §§ 1:5.2-1:5.11 to this part. See 16 Com. Reg. at 11645-11649 (Jan. 15, 1994). A notice of adoption has not been published and, therefore, the Commission has not incorporated the proposed changes. See also the commission comment to § 170- 30.2-101.

 

Part 600 -       Information

 

§ 170-30.2-601            Affirmative Responsibility to Establish Qualifications

 

It shall be the affirmative responsibility and continuing duty of each applicant and licensee to produce such information, documentation and assurances as may be required to establish by clear and convincing evidence his qualifications in accordance with the Act and regulations of the Commission. No application shall be granted to any applicant who fails to so prove his qualifications.

 

History: Amdts Proposed 16 Com. Reg. 11631 (Jan. 15, 1994); (superseding May 26, 1992 and July 15, 1992 proposed regulations); Amdts Proposed 14 Com. Reg. 9387 (July 15, 1992); Amdts Emergency and Proposed 14 Com. Reg. 9214 (May 26, 1992) (effective for 120 days from May 22, 1992); Adopted 13 Com. Reg. 7855 (Aug. 15, 1991); Proposed 13 Com. Reg. 7736 (June 15, 1991).

 

Commission Comment: See the commission comment to § 170-30.2-101.

 

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

 

§ 170-30.2-605            Duty to Disclose and Cooperate

 

It shall be the affirmative responsibility and continuing duty of each applicant, licensee, and person required to be qualified to provide all information, documentation and assurances pertaining to qualifications required or requested by the Commission and to cooperate with the Commission in the performance of its duties. Any refusal by any such person to comply with a formal request for information, evidence, or testimony shall be a basis for denial, revocation, or disqualification. No application shall be granted to any applicant who fails to provide information, documentation, and assurances required by the Act or requested by the Commission or who fails to reveal any fact material to qualification.

 

History: Amdts Proposed 16 Com. Reg. 11631 (Jan. 15, 1994); (superseding May 26, 1992 and July 15, 1992 proposed regulations); Amdts Proposed 14 Com. Reg. 9387 (July 15, 1992); Amdts Emergency and Proposed 14 Com. Reg. 9214 (May 26, 1992) (effective for 120 days from May 22, 1992); Adopted 13 Com. Reg. 7855 (Aug. 15, 1991); Proposed 13 Com. Reg. 7736 (June 15, 1991).

 

Commission Comment: See the commission comment to § 170-30.2-101.

 

The Commission inserted commas after the words “evidence,” “revocation,” and “documentation” pursuant to 1 CMC § 3806(g).

 

§ 170-30.2-610            Disposition of Property of a Casino Licensee or Applicant for a Casino License

 

It shall be an affirmative responsibility of each casino licensee or applicant for a casino license, as this term is defined in (b)* below, to:

 

(a)        Submit to the Commission a copy of all agreements regarding the lease or purchase of, or the option to lease or purchase, any residential, or other property in Tinian licensee or applicant, or any affiliate of the license or applicant. Such submission shall be provided within two days of the execution of the agreement:*

 

*So in original.

 

History: Amdts Proposed 16 Com. Reg. 11631 (Jan. 15, 1994); (superseding May 26, 1992 and July 15, 1992 proposed regulations); Amdts Proposed 14 Com. Reg. 9387 (July 15, 1992); Amdts Emergency and Proposed 14 Com. Reg. 9214 (May 26, 1992) (effective for 120 days from May 22, 1992); Adopted 13 Com. Reg. 7855 (Aug. 15, 1991); Proposed 13 Com. Reg. 7736 (June 15, 1991).

 

Commission Comment: It appears that some portion of this section was omitted in the original publication. See 13 Com. Reg. at 7746 (June 15, 1991). A subsection (b) was not published.

 

See the commission comment to § 170-30.2-101.

 

§ 170-30.2-615            Duty to Promptly Furnish Information

 

It shall be the duty of each applicant or licensee to promptly furnish all information, documentation, assurances, consents, waivers, fingerprint impressions, photographs, handwriting exemplars, or other materials required or requested by the Commission. Failure to furnish same within five days after receipt of request therefore shall constitute grounds for delaying consideration of the application.

 

History: Amdts Proposed 16 Com. Reg. 11631 (Jan. 15, 1994); (superseding May 26, 1992 and July 15, 1992 proposed regulations); Amdts Proposed 14 Com. Reg. 9387 (July 15, 1992); Amdts Emergency and Proposed 14 Com. Reg. 9214 (May 26, 1992) (effective for 120 days from May 22, 1992); Adopted 13 Com. Reg. 7855 (Aug. 15, 1991); Proposed 13 Com. Reg. 7736 (June 15, 1991).

 

Commission Comment: See the commission comment to § 170-30.2-101.

 

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

 

§ 170-30.2-620            Consent to Inspections, Searches, and Seizures

 

Each applicant, licensee, holding company, and intermediary company shall consent in writing to inspections, searches, and seizures authorized by law.

 

History: Amdts Proposed 16 Com. Reg. 11631 (Jan. 15, 1994); (superseding May 26, 1992 and July 15, 1992 proposed regulations); Amdts Proposed 14 Com. Reg. 9387 (July 15, 1992); Amdts Emergency and Proposed 14 Com. Reg. 9214 (May 26, 1992) (effective for 120 days from May 22, 1992); Adopted 13 Com. Reg. 7855 (Aug. 15, 1991); Proposed 13 Com. Reg. 7736 (June 15, 1991).

 

Commission Comment: See the commission comment to § 170-30.2-101.

 

The Commission inserted commas after the words “company” and “searches” pursuant to 1 CMC § 3806(g).

 

§ 170-30.2-625            Waiver of Liability for Disclosure of Information

 

Each applicant, licensee, and person required to be qualified shall, in writing, waive liability as to Tinian and its instrumentalities and agents for any damages resulting from any disclosure or publication of any during any inquiries, investigations, or hearings.

 

History: Amdts Proposed 16 Com. Reg. 11631 (Jan. 15, 1994); (superseding May 26, 1992 and July 15, 1992 proposed regulations); Amdts Proposed 14 Com. Reg. 9387 (July 15, 1992); Amdts Emergency and Proposed 14 Com. Reg. 9214 (May 26, 1992) (effective for 120 days from May 22, 1992); Adopted 13 Com. Reg. 7855 (Aug. 15, 1991); Proposed 13 Com. Reg. 7736 (June 15, 1991).

 

Commission Comment: See the commission comment to § 170-30.2-101.

 

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

 

§ 170-30.2-630            Consent to Examination of Accounts and Records

 

Each applicant and licensee shall, in writing, consent to the examination of all accounts, bank accounts, and records in his possession or under his control and authorize all third parties in possession or with control of such accounts or records to allow such examination thereof as may be deemed necessary by the Commission.

 

History: Amdts Proposed 16 Com. Reg. 11631 (Jan. 15, 1994); (superseding May 26, 1992 and July 15, 1992 proposed regulations); Amdts Proposed 14 Com. Reg. 9387 (July 15, 1992); Amdts Emergency and Proposed 14 Com. Reg. 9214 (May 26, 1992) (effective for 120 days from May 22, 1992); Adopted 13 Com. Reg. 7855 (Aug. 15, 1991); Proposed 13 Com. Reg. 7736 (June 15, 1991).

 

Commission Comment: See the commission comment to § 170-30.2-101.

 

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

 

§ 170-30.2-635            Fingerprinting

 

Each applicant, licensee, and person required to be qualified shall be fingerprinted without charge and in duplicate on fingerprint impression card forms provided by the Commission and marked “noncriminal.” One of the said forms shall be filed with the Commission and one shall be filed with the Municipal Police Department.

 

Modified, 1 CMC § 3806(g).

 

History: Amdts Proposed 16 Com. Reg. 11631 (Jan. 15, 1994); (superseding May 26, 1992 and July 15, 1992 proposed regulations); Amdts Proposed 14 Com. Reg. 9387 (July 15, 1992); Amdts Emergency and Proposed 14 Com. Reg. 9214 (May 26, 1992) (effective for 120 days from May 22, 1992); Adopted 13 Com. Reg. 7855 (Aug. 15, 1991); Proposed 13 Com. Reg. 7736 (June 15, 1991).

 

Commission Comment: The Commission moved the period after “noncriminal” inside of the closing quotation mark.

 

See the commission comment to § 170-30.2-101.

 

§ 170-30.2-640            Photographing

 

Each applicant, licensee, and person required to be qualified shall be photographed without charge and in duplicate. One set of the said photographs shall be filed with the Commission and one shall be filed with the Municipal Police Department.

 

History: Amdts Proposed 16 Com. Reg. 11631 (Jan. 15, 1994); (superseding May 26, 1992 and July 15, 1992 proposed regulations); Amdts Proposed 14 Com. Reg. 9387 (July 15, 1992); Amdts Emergency and Proposed 14 Com. Reg. 9214 (May 26, 1992) (effective for 120 days from May 22, 1992); Adopted 13 Com. Reg. 7855 (Aug. 15, 1991); Proposed 13 Com. Reg. 7736 (June 15, 1991).

 

Commission Comment: See the commission comment to § 170-30.2-101.

 

§ 170-30.2-645            Handwriting Exemplars

 

Each applicant, licensee, intermediary company, holding company, and person required to be qualified shall, in writing, consent to the supplying of handwriting exemplars in the form and manner directed upon the request of the Commission.

 

Modified, 1 CMC § 3806(g).

 

History: Amdts Proposed 16 Com. Reg. 11631 (Jan. 15, 1994); (superseding May 26, 1992 and July 15, 1992 proposed regulations); Amdts Proposed 14 Com. Reg. 9387 (July 15, 1992); Amdts Emergency and Proposed 14 Com. Reg. 9214 (May 26, 1992) (effective for 120 days from May 22, 1992); Adopted 13 Com. Reg. 7855 (Aug. 15, 1991); Proposed 13 Com. Reg. 7736 (June 15, 1991).

 

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

 

See the commission comment to § 170-30.2-101.

 

§ 170-30.2-650            Oath or Affirmation and Attorney Certification

 

All applicant, registration, business enterprise disclosure, and personal history disclosure forms and all other papers relating thereto submitted to the Commission by or on behalf of an applicant shall be sworn to or affirmed and subscribed and dated by the applicant and, if different, the author of the said form or paper before a person legally competent to take an oath or affirmation, who shall himself subscribe and date the signature of the affiant and indicate the basis of his authority to take oaths or affirmations. The following statement shall immediately precede the signature of the affiant: “I swear (or affirm) that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment.” The affiant, if requested, shall again swear to or affirm and subscribe and date any such paper in the presence of a representative of the Commission. All such forms and papers shall also be signed by the applicant’s attorney of record, if any, which shall constitute a certification by him that he has read the said paper and that, to the best of his knowledge, information and behalf, its contents are true.

 

Modified, 1 CMC § 3806(g).

 

History: Amdts Proposed 16 Com. Reg. 11631 (Jan. 15, 1994); (superseding May 26, 1992 and July 15, 1992 proposed regulations); Amdts Proposed 14 Com. Reg. 9387 (July 15, 1992); Amdts Emergency and Proposed 14 Com. Reg. 9214 (May 26, 1992) (effective for 120 days from May 22, 1992); Adopted 13 Com. Reg. 7855 (Aug. 15, 1991); Proposed 13 Com. Reg. 7736 (June 15, 1991).

 

Commission Comment: The Commission moved the period after “punishment” inside of the closing quotation mark. The Commission inserted a comma after the word “disclosure” pursuant to 1 CMC § 3806(g).

 

See the commission comment to § 170-30.2-101.

 

§ 170-30.2-655            Untrue Information

 

The Commission shall deny a license or registration to any applicant who shall supply information to the Commission which is untrue or misleading as to a material fact pertaining to the qualification criteria.

 

History: Amdts Proposed 16 Com. Reg. 11631 (Jan. 15, 1994); (superseding May 26, 1992 and July 15, 1992 proposed regulations); Amdts Proposed 14 Com. Reg. 9387 (July 15, 1992); Amdts Emergency and Proposed 14 Com. Reg. 9214 (May 26, 1992) (effective for 120 days from May 22, 1992); Adopted 13 Com. Reg. 7855 (Aug. 15, 1991); Proposed 13 Com. Reg. 7736 (June 15, 1991).

 

Commission Comment: See the commission comment to § 170-30.2-101.

 

§ 170-30.2-660            Signatures

 

All application, business enterprise disclosure, and personal history disclosure forms shall be signed by each of the following persons:

 

(a)        If of a corporation, by its president, its chairman of the board, any other chief executive officer thereof, its secretary, and its treasurer;

 

(b)        If of a partnership, by each of its partners; if a limited partnership, only by each of its general partners;

 

(c)        If of any other business enterprise, organization or association or of a governmental agency, by its chief executive officer, its secretary, and its treasurer; and

 

(d)       If of a natural person, by the person himself.

 

History: Amdts Proposed 16 Com. Reg. 11631 (Jan. 15, 1994); (superseding May 26, 1992 and July 15, 1992 proposed regulations); Amdts Proposed 14 Com. Reg. 9387 (July 15, 1992); Amdts Emergency and Proposed 14 Com. Reg. 9214 (May 26, 1992) (effective for 120 days from May 22, 1992); Adopted 13 Com. Reg. 7855 (Aug. 15, 1991); Proposed 13 Com. Reg. 7736 (June 15, 1991).

 

Commission Comment: See the commission comment to § 170-30.2-101.

 

The Commission inserted commas after the words “disclosure” in the initial paragraph and “secretary” in subsections (a) and (c) pursuant to 1 CMC § 3806(g).

 

§ 170-30.2-665            Form of Signature

 

All signatures shall be signed in ink and dated on all original papers, but may be photographed, typed, stamped, or printed on any copies of such papers. The name and address of the signatory shall be typed, stamped, or printed beneath each signature.

 

History: Amdts Proposed 16 Com. Reg. 11631 (Jan. 15, 1994); (superseding May 26, 1992 and July 15, 1992 proposed regulations); Amdts Proposed 14 Com. Reg. 9387 (July 15, 1992); Amdts Emergency and Proposed 14 Com. Reg. 9214 (May 26, 1992) (effective for 120 days from May 22, 1992); Adopted 13 Com. Reg. 7855 (Aug. 15, 1991); Proposed 13 Com. Reg. 7736 (June 15, 1991).

 

Commission Comment: See the commission comment to § 170-30.2-101.

 

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

 

§ 170-30.2-670            Form of Application

 

Each applicant, licensee, or person required to be qualified shall provide all information in a form specified by the Commission and shall complete and submit all appropriate application, registration, business enterprise disclosure and personal history disclosure forms as directed by the Commission.

NOTE: These forms, the statement and the proposal, are not reproduced herein, but can be obtained from:

Tinian Casino Gaming Control Commission

P.O. Box 143

San Jose Village

Tinian, MP 96952

 

History: Amdts Proposed 16 Com. Reg. 11631 (Jan. 15, 1994); (superseding May 26, 1992 and July 15, 1992 proposed regulations); Amdts Proposed 14 Com. Reg. 9387 (July 15, 1992); Amdts Emergency and Proposed 14 Com. Reg. 9214 (May 26, 1992) (effective for 120 days from May 22, 1992); Adopted 13 Com. Reg. 7855 (Aug. 15, 1991); Proposed 13 Com. Reg. 7736 (June 15, 1991).

 

Commission Comment: See the commission comment to § 170-30.2-101.

 

The Commission inserted commas after the words “disclosure” and “statement” pursuant to 1 CMC § 3806(g).

 

§ 170-30.2-675            Format of Papers

 

All application papers submitted to the Commission shall be on paper approximately 8½ by 11 inches in size, of customary weight and quality and bound on the left margin or upper left corner in volumes not to exceed 150 sheets. Where larger sheets are required for exhibits, they shall be folded substantially to the size indicated. All such papers, unless printed, shall be typed in a type size of pica or larger and double-spaced with margins of at least one inch. Copies may be reproduced by any method capable of providing plainly legible copies.

 

History: Amdts Proposed 16 Com. Reg. 11631 (Jan. 15, 1994); (superseding May 26, 1992 and July 15, 1992 proposed regulations); Amdts Proposed 14 Com. Reg. 9387 (July 15, 1992); Amdts Emergency and Proposed 14 Com. Reg. 9214 (May 26, 1992) (effective for 120 days from May 22, 1992); Adopted 13 Com. Reg. 7855 (Aug. 15, 1991); Proposed 13 Com. Reg. 7736 (June 15, 1991).

 

Commission Comment: See the commission comment to § 170-30.2-101.

 

§ 170-30.2-680            Number of Copies

 

(a)        All original applications and other original papers relating thereto submitted to the Commission by the applicant, shall be accompanied by the following number of conformed copies:

(1)        In the case of a casino applicant and applicants for a gaming school license, four conformed copies of all personal history disclosure forms relating thereto and five conformed copies of all remaining documents;

(2)        In the case of an applicant for a casino service industry license, four conformed copies of all applications and papers submitted as a part thereof;

(3)        In the case of an applicant for a casino key employee license, two conformed copies of all applications and papers submitted as a part thereof;

(4)        In the case of an applicant for a casino employee license, one conformed copy of each application and papers submitted as a part thereof.

 

(b)        Additional conformed copies of any such papers shall be supplied upon request of the Chairman.

 

History: Amdts Proposed 16 Com. Reg. 11631 (Jan. 15, 1994); (superseding May 26, 1992 and July 15, 1992 proposed regulations); Amdts Proposed 14 Com. Reg. 9387 (July 15, 1992); Amdts Emergency and Proposed 14 Com. Reg. 9214 (May 26, 1992) (effective for 120 days from May 22, 1992); Adopted 13 Com. Reg. 7855 (Aug. 15, 1991); Proposed 13 Com. Reg. 7736 (June 15, 1991).

 

Commission Comment: See the commission comment to § 170-30.2-101.

 

Part 700 -       Application

 

§ 170-30.2-701            Receipt

 

All application papers, unless otherwise directed by the Chair, shall initially be submitted to and received by the Chair, or such members of the Commission staff as the Chair may designate, who shall cause to be endorsed thereon the date of such receipt.

 

History: Amdts Proposed 16 Com. Reg. 11631 (Jan. 15, 1994); (superseding May 26, 1992 and July 15, 1992 proposed regulations); Amdts Proposed 14 Com. Reg. 9387 (July 15, 1992); Amdts Emergency and Proposed 14 Com. Reg. 9214 (May 26, 1992) (effective for 120 days from May 22, 1992); Adopted 13 Com. Reg. 7855 (Aug. 15, 1991); Proposed 13 Com. Reg. 7736 (June 15, 1991).

 

Commission Comment: See the commission comment to § 170-30.2-101.

 

§ 170-30.2-705            Filing

 

The Chair, or such members of the Commission staff as the Chair may designate, shall determine the date of filing as to each application received and shall cause to be endorsed thereon the date of such filing. No application shall be deemed filed until the applicant shall satisfy the Chair or his or her designee:

 

(a)        That all papers presented conform to all requirements relating to format, signature, oath or affirmation, attorney certification, and copies;

 

(b)        That all appropriate application, business enterprise disclosure, and personal history disclosure forms have been properly completed and presented;

 

(c)        That all required consents, waivers, fingerprint impressions, photographs, and handwriting exemplars have been properly presented;

 

(d)       That all other information, documentation, assurances, and other materials required or requested at that preliminary stage pertaining to qualifications have been properly presented; and

 

(e)        That all required fees have been properly paid and all required bonds have been properly furnished.

 

Modified, 1 CMC § 3806(g).

 

History: Amdts Proposed 16 Com. Reg. 11631 (Jan. 15, 1994); (superseding May 26, 1992 and July 15, 1992 proposed regulations); Amdts Proposed 14 Com. Reg. 9387 (July 15, 1992); Amdts Emergency and Proposed 14 Com. Reg. 9214 (May 26, 1992) (effective for 120 days from May 22, 1992); Adopted 13 Com. Reg. 7855 (Aug. 15, 1991); Proposed 13 Com. Reg. 7736 (June 15, 1991).

 

Commission Comment: In the opening paragraph, the Commission inserted the word “be” before “deemed” to correct a manifest error. The Commission inserted commas after the words “certification” in subsection (a), “disclosure” in subsection (b), “photographs” in subsection (c), and “assurances” in subsection (d) pursuant to 1 CMC § 3806(g).

 

See the commission comment to § 170-30.2-101.

 

§ 170-30.2-710            Processing

 

Upon a determination that all prerequisites for filing have been met the Chair, or such members of the Commission staff as the Chair shall designate, shall:

 

(a)        Accept the application for filing and cause same to be docketed by the Executive Director of the Commission;

 

(b)        Notify the applicant or his attorney, if any, in writing, of the fact that the application has been accepted for filing and docketed, the date of such acceptance for filing and the docket number thereof and of the further fact that such expectance for filing and docketing of the application shall constitute no evidence whatsoever that any requirement of the act or of the regulations of the Commission have been satisfied;

 

(c)        Direct the staff of the Commission to analyze, obtain, and evaluate such information of either a factual nature or otherwise as may be necessary to determine the qualifications of the applicant and any other matter relating to the application.

 

Modified, 1 CMC § 3806(g).

 

History: Amdts Proposed 16 Com. Reg. 11631 (Jan. 15, 1994); (superseding May 26, 1992 and July 15, 1992 proposed regulations); Amdts Proposed 14 Com. Reg. 9387 (July 15, 1992); Amdts Emergency and Proposed 14 Com. Reg. 9214 (May 26, 1992) (effective for 120 days from May 22, 1992); Adopted 13 Com. Reg. 7855 (Aug. 15, 1991); Proposed 13 Com. Reg. 7736 (June 15, 1991).

 

Commission Comment: In subsection (c), the Commission changed the final semi-colon to a period. The Commission inserted a comma after the word “obtain” in subsection (c) pursuant to 1 CMC § 3806(g).

 

See the commission comment to § 170-30.2-101.

 

§ 170-30.2-715            Public Inspection of Information

 

No information in the possession of the Commission relating to any application shall be made available for public inspection prior to the time that the said application shall be accepted for filing and docketed in accordance with the regulations of the Commission.

 

History: Amdts Proposed 16 Com. Reg. 11631 (Jan. 15, 1994); (superseding May 26, 1992 and July 15, 1992 proposed regulations); Amdts Proposed 14 Com. Reg. 9387 (July 15, 1992); Amdts Emergency and Proposed 14 Com. Reg. 9214 (May 26, 1992) (effective for 120 days from May 22, 1992); Adopted 13 Com. Reg. 7855 (Aug. 15, 1991); Proposed 13 Com. Reg. 7736 (June 15, 1991).

 

Commission Comment: See the commission comment to § 170-30.2-101.

 

§ 170-30.2-720            Amendment

 

It shall be the duty of each applicant to promptly file with the Chair, or such members of the Commission staff as the Chair shall designate, a written amendment to his or her application explaining any changed facts or circumstances whenever any material or significant change of facts or circumstances shall occur with respect to any matter set forth in the application or other papers relating thereto. Any applicant may be permitted by the Chair or his or her designee to file any other amendment to his application at any time prior to final action thereon by the Commission.

 

History: Amdts Proposed 16 Com. Reg. 11631 (Jan. 15, 1994); (superseding May 26, 1992 and July 15, 1992 proposed regulations); Amdts Proposed 14 Com. Reg. 9387 (July 15, 1992); Amdts Emergency and Proposed 14 Com. Reg. 9214 (May 26, 1992) (effective for 120 days from May 22, 1992); Adopted 13 Com. Reg. 7855 (Aug. 15, 1991); Proposed 13 Com. Reg. 7736 (June 15, 1991).

 

Commission Comment: See the commission comment to § 170-30.2-101.

 

§ 170-30.2-725            Withdrawal

 

(a)        Except as otherwise provided in (b) below, a written notice of withdrawal of application may be filed by an applicant at any time prior to final Commission action. No application shall be permitted to be withdrawn, however, unless the applicant shall have first established to the satisfaction of the Commission that withdrawal of the application would be consistent with the public interest and the policies of the Act. The Commission shall have the authority to direct that any applicant so permitted to withdraw his application shall not be eligible to apply again for licensure or approval until after the expiration of one year from the date of such withdrawal. Unless the Commission shall otherwise direct, no fee or other payment relating to any application shall become refundable by reason of withdrawal of the application.

 

(b)        Where a hearing on an application has been requested by a party or directed by the Commission, the Commission shall not permit withdrawal of said application after:

(1)        The application matter has been assigned to any other hearing examiner authorized by law to hear such matter, or

(2)        The Commission has made a determination to hear the application matter directly.

 

(c)        Notwithstanding the foregoing, the Commission may accept and consider a written notice of withdrawal after the time specified herein if extraordinary circumstances so warrant.

 

History: Amdts Proposed 16 Com. Reg. 11631 (Jan. 15, 1994); (superseding May 26, 1992 and July 15, 1992 proposed regulations); Amdts Proposed 14 Com. Reg. 9387 (July 15, 1992); Amdts Emergency and Proposed 14 Com. Reg. 9214 (May 26, 1992) (effective for 120 days from May 22, 1992); Adopted 13 Com. Reg. 7855 (Aug. 15, 1991); Proposed 13 Com. Reg. 7736 (June 15, 1991).

 

Commission Comment: See the commission comment to § 170-30.2-101.

 

§ 170-30.2-730            Re-application by Natural Person after Denial or Revocation

 

(a)        Any natural person required to be licensed, qualified, or approved under the provisions of the Act or regulations of the Commission whose licensure, qualifications, or approval is either denied or revoked by the Commission on the basis of that person’s failure to satisfy the affirmative qualification criteria of the Act, or due to a Commission finding that such person is disqualified under the criteria of the Act, or both, may not, except as otherwise provided in (b), (f), and (g)* below, reapply for licensure, qualification, or approval until five years have elapsed from the date of said denial or revocation.

 

*So in original.

 

(b)        Any natural person whose licensure, qualification, or approval is denied or revoked by the Commission on the basis of any of the following enumerated provisions of the Act or regulations of the Commission may reapply, in accordance with the procedure set forth in (c) below, for licensure, qualification, or approval upon satisfaction of the conditions specified herein:

(1)        Lack of financial stability: re-application is permitted upon said person achieving status of financial stability.

(2)        Lack of business ability and casino experience: reapplication is permitted upon said person acquiring the requisite business ability and casino experience.

(3)        Failure to satisfy age requirement: re-application is permitted upon said person attaining the requisite age or upon a Commission finding that such age will be attained prior to the completion of the processing of said reapplication.

(4)        Conviction of statutory disqualifier or inimical offenses: re-application is permitted after the lapse of five years from the date of denial or upon the issuance of a judicial order of expungement or sealing, whichever occurs first.

(5)        Prosecution or pending charges related to statutory disqualifier: re-application is permitted upon the disposition of the prosecution or pending charges against such person.

 

(c)        If the licensure, qualification, or approval of any natural person has been denied or revoked on the basis of two or more statutory or regulatory provisions, reapplication shall only be permitted upon compliance with the requirements of this regulation as to each statutory or regulatory provision which the Commission found to be a basis for such denial or revocation.

 

(d)       This regulation applies with equal force and effect to the denial of any application by a natural person for licensure, qualifications, or approval, and to any denial of any re-application for licensure, qualification, or approval permitted under the provisions of this regulation.

 

Modified, 1 CMC § 3806(f).

 

History: Amdts Proposed 16 Com. Reg. 11631 (Jan. 15, 1994); (superseding May 26, 1992 and July 15, 1992 proposed regulations); Amdts Proposed 14 Com. Reg. 9387 (July 15, 1992); Amdts Emergency and Proposed 14 Com. Reg. 9214 (May 26, 1992) (effective for 120 days from May 22, 1992); Adopted 13 Com. Reg. 7855 (Aug. 15, 1991); Proposed 13 Com. Reg. 7736 (June 15, 1991).

 

Commission Comment: The original promulgation did not contain subsections (f)              and (g)   cited in subsection (a). See 13 Com. Reg. at 7751 (June 15, 1991). The Commission inserted commas after various forms of the word “qualify” in subsections (a), (b), (c), and (d) pursuant to 1 CMC § 3806(g).

 

See the commission comment to § 170-30.2-101.

 

Part 800 -       Fees and Deposits

 

§ 170-30.2-801            General Description of Fees and Deposit Policy

 

(a)        Operations of the Commission shall be financed exclusively from fees charged each fiscal year to applicants and licensees and shall not be funded from CNMI or municipality general funds. Generally, the Act divides fees into two broad categories: those pertaining to casino licenses and those pertaining to all other forms of licensure or approval. The Commission shall establish, by regulation, fees for the application, issuance, and renewal of all licenses.

 

(b)        The differing treatment of these license categories reflects a recognition and judgment that casino applicants and licensees benefit directly or indirectly from all aspects of the regulatory process and are best suited to bear the largest share of the costs incurred by the Commission in implementing that process. Moreover, the actual cost of investigating and considering applications for individual employee licenses and casino service industry licenses will frequently exceed the amount which those applicants and licensees may fairly be required to pay as fees. The fee structure established by the regulations in this subchapter is designed to respond to these policies and problems.

 

(c)        To the extent reasonably possible, each applicant or licensee should pay the investigatory or regulatory costs attributable to their application or license. However, since individual employees and casino service industry enterprises cannot always be expected to cover the full amount expended and since a portion of the costs incurred by the Commission pertain to the industry generally, there will be an amount of the annual budget which will not be recoverable through specified fees for particular services.

 

(d)       Given the mandate of the Act to recover the cost of maintaining control and regulatory activities from license fees and given the fact that all such activities are undertaken for the direct or indirect benefit or protection of casino operations, the obligation to supply additional funds necessary to recover the otherwise uncollected expenditures of the Commission should be spread among the licensed casino facilities or applicants for casino licenses. By their nature the agency activities generating the otherwise uncollected expenditures are not attributable to any specific casino operation and they produce benefits for all such operations, for example, by creating a pool of licensed individuals to employ and enlarging the class of licensed casino service industries to contract with for goods and services. Thus, it is reasonable to apportion the otherwise uncollected costs equally among the licensed casino facilities and applicants for casino licenses subject to appropriate adjustment where a particular facility is not licensed for an entire fiscal year or where a change of ownership or control of casino operations occurs during the fiscal year which necessitates additional investigation.

 

Modified, 1 CMC § 3806(d), (f).

 

History: Amdts Adopted 17 Com. Reg. 13663 (Aug. 16, 1995); Amdts Proposed 14 Com. Reg. 8763 (Feb. 15, 1992); Amdts Proposed 16 Com. Reg. 11631 (Jan. 15, 1994); (superseding May 26, 1992 and July 15, 1992 proposed regulations); Amdts Proposed 14 Com. Reg. 9387 (July 15, 1992); Amdts Emergency and Proposed 14 Com. Reg. 9214 (May 26, 1992) (effective for 120 days from May 22, 1992); Amdts Adopted 13 Com. Reg. 8555 (Dec. 15, 1991); Amdts Proposed 13 Com. Reg. 7802 (July 15, 1991).

 

Commission Comment: The 1995 amendments amended subsection (a).

 

See the commission comment to § 170-30.2-101.

 

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

 

§ 170-30.2-805            Fiscal Year

 

For purpose of this part, a fiscal year shall be the period commencing on October 1 and ending the subsequent September 30.

 

Modified, 1 CMC § 3806(d).

 

History: Amdts Adopted 17 Com. Reg. 13663 (Aug. 16, 1995); Amdts Proposed 14 Com. Reg. 8763 (Feb. 15, 1992); Amdts Proposed 16 Com. Reg. 11631 (Jan. 15, 1994); (superseding May 26, 1992 and July 15, 1992 proposed regulations); Amdts Proposed 14 Com. Reg. 9387 (July 15, 1992); Amdts Emergency and Proposed 14 Com. Reg. 9214 (May 26, 1992) (effective for 120 days from May 22, 1992); Amdts Adopted 13 Com. Reg. 8555 (Dec. 15, 1991); Amdts Proposed 13 Com. Reg. 7802 (July 15, 1991).

 

Commission Comment: See the commission comment to § 170-30.2-101.

 

§ 170-30.2-810            License Renewal General Provisions

 

(a)        All classes of gaming licenses, except casino licenses which remain in force until cancelled, suspended, or surrendered, are subject to renewal as provided herein. Pursuant to § 49 of the Act, no license, other than a casino license, may be renewed later than the date of expiration of the current license.

 

(b)        Any license, other than a casino license, which is not renewed prior to expiration will be considered as forfeited. Reinstatement of such a forfeited license will require processing as a new license application including payment of the proper fees associated with initial license issuance as prescribed herein.

 

History: Amdts Adopted 17 Com. Reg. 13663 (Aug. 16, 1995); Amdts Proposed 14 Com. Reg. 8763 (Feb. 15, 1992); Amdts Proposed 16 Com. Reg. 11631 (Jan. 15, 1994); (superseding May 26, 1992 and July 15, 1992 proposed regulations); Amdts Proposed 14 Com. Reg. 9387 (July 15, 1992); Amdts Emergency and Proposed 14 Com. Reg. 9214 (May 26, 1992) (effective for 120 days from May 22, 1992); Amdts Adopted 13 Com. Reg. 8555 (Dec. 15, 1991); Amdts Proposed 13 Com. Reg. 7802 (July 15, 1991).

 

Commission Comment: See the commission comment to § 170-30.2-101.

 

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

 

§ 170-30.2-815            Payment of Fees and Deposits

 

(a)        No application shall be accepted for filing or processed by the Chairman except upon the proper and timely payment of all required fees and deposits in accordance with the Act and the regulations in this subchapter. Any portion of an application fee or deposit which is incurred or determined after the filing of the application or which is estimated in accordance with this part shall be payable upon demand made by the Commission. Failure to promptly remit any amount so demanded shall be deemed a failure to timely pay the required fee unless the Commission finds cause to permit an extension of time in which to remit the demanded amount.

 

(b)        Except as otherwise provided in the Act and the regulations in this subchapter, failure to timely remit fees or deposits required under this part shall result in suspension of the affected license or application until such time as the full amount of such fee or deposit is paid unless the Commission finds cause to permit an extension of time in which to remit the amount due. Except as otherwise provided, failure to remit the full amount of a fee or deposit required under this section within 30 calendar days of the date such fee becomes due shall result in permanent forfeiture of the affected license or application unless the licensee or applicant shall show cause for non-forfeiture acceptable to the Commission.

 

(c)        All fees payable under this part shall be paid by check or money order made payable to the “Tinian Municipal Treasurer” and presented to the Commission at its offices. No check so presented shall be deemed payment until the Commission shall be satisfied that sufficient funds are contained in the account against which it is drawn. All licensing cost deposits shall be made payable to the “Tinian Casino Gaming Commission” and presented to the Commission which shall be deposited into a trust account designated solely for investigative work. All casino license application fees and licensing cost deposits shall be payable only by cashier’s check, certified check, or money order.

 

(d)       All investigative fees shall be paid by certified check only, and shall be made out to the TINIAN CASINO GAMING CONTROL COMMISSION. Investigative fees collected by the Commission from license applicants shall be deposited into the Trust account. Funds from the Trust Account must be transferred to the Checking Account when an itemized billing statement for costs associated with investigative services has been submitted to the Commission. Funds from the checking account shall be expended only for fees and expenses relating to the investigation of an application of suitability for a casino gaming licensee. corporate qualifier, casino key employee, or other license. Expenses relating to an investigation includes but is not limited to attorney fees, accountant fees, administrative expenses, investigative agencies, and other professional services which are incurred by the Executive Director or the Commission and which relate to a determination of the applicant’s suitability to obtain or retain a license required under the Tinian Gaming Act.

(1) The Commission must open a trust account and checking account at a bank located within Tinian and is a member of the FDIC.

(2) The trust account name must be “The TCGCC Investigative Fee Trust Account” and the checking account name must be “The TCGCC Investigative Fee Checking Account”.

(3) There must be two signatures on the trust account and checking account:

(i) The Chairman: and

(ii) The Executive Director.

(iii) The Vice Chairman shall be an alternative should the Chairman be unavailable.

(4) The TCGCC Fiscal Affairs Officer must keep an INVESTIGATIVE FEE PAYMENT LOG BOOK for the purpose of record keeping and accounting of all checks received by the TCGCC as payment for investigative services.

(5) The TCGCC Fiscal Affairs Officer must issue a receipt upon receiving payment.

(6) The TCGCC Fiscal Affairs Officer must immediately transmit the payment and a copy of the receipt to the TCGCC Accountant.

(7) The TCGCC Accountant must keep an INVESTIGATIVE FEE DEPOSIT LOG BOOK.

(8) The TCGCC Accountant must deposit all investigative fee payments into the trust account within 24 hours.

(9) The TCGCC Accountant must make deposits into the checking account when payment(s) for

investigative services must be issued.

(10) The TCGCC Accountant must prepare all checks for signature by the Chairman and the

Executive to be accompanied with a corresponding billing statement for payment of investigative

services rendered.

(11) The Fiscal Affairs Officer and Accountant, respectively, must prepare a quarterly financial report and an annual financial report for the Commission’s review.

 

Modified, 1 CMC § 3806(a), (d), (g).

 

History: Amdts Adopted 38 Com. Reg. 37487 (Jan. 28, 2016); Amdts Proposed 37 Com. Reg. 36936 (Sept. 28, 2015); Amdts Adopted 17 Com. Reg. 13663 (Aug. 16, 1995); Amdts Proposed 14 Com. Reg. 8763 (Feb. 15, 1992); Amdts Proposed 16 Com. Reg. 11631 (Jan. 15, 1994); (superseding May 26, 1992 and July 15, 1992 proposed regulations); Amdts Proposed 14 Com. Reg. 9387 (July 15, 1992); Amdts Emergency and Proposed 14 Com. Reg. 9214 (May 26, 1992) (effective for 120 days from May 22, 1992); Amdts Adopted 13 Com. Reg. 8555 (Dec. 15, 1991); Amdts Proposed 13 Com. Reg. 7802 (July 15, 1991).

 

Commission Comment: The 1995 amendments amended subsections (b) and (c).

 

See the commission comment to § 170-30.2-101.

 

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

 

The 2016 amendments did not enumerate subsections (a) or (b) of this section. Accordingly, the Commission left subsections (a) and (b) unchanged, amended subsection (c), and added subsection (d). To correct a manifest error, the Commission moved the quotation marks in subsection (c) to enclose “Tinian Casino Gaming Control Commission” rather than enclosing the rest of the sentence. The Commission formatted the numbering in subsection (d) to reflect the scheme of the code.

 

§ 170-30.2-820            Casino License Fees and Deposits

 

(a)        No application for the issuance of a casino license shall be accepted for filing by the Commission unless a non-refundable application fee of $200,000 and a deposit against licensing costs of $100,000 shall first have been paid, in full, to the Commission.

 

(b)        No conditional or plenary casino license shall be issued or renewed unless an annual license fee of $500,000 or the prorated portion thereof for an initial license issuance, shall first have been paid, in full, to the Commission.

 

History: Amdts Adopted 25 Com. Reg. 20082 (Mar. 31, 2003); Amdts Proposed 24 Com. Reg. 19379 (June 17, 2002); Amdts Adopted 17 Com. Reg. 13663 (Aug. 16, 1995); Amdts Proposed 14 Com. Reg. 8763 (Feb. 15, 1992); Amdts Proposed 16 Com. Reg. 11631 (Jan. 15, 1994); (superseding May 26, 1992 and July 15, 1992 proposed regulations); Amdts Proposed 14 Com. Reg. 9387 (July 15, 1992); Amdts Emergency and Proposed 14 Com. Reg. 9214 (May 26, 1992) (effective for 120 days from May 22, 1992); Amdts Adopted 13 Com. Reg. 8555 (Dec. 15, 1991); Amdts Proposed 13 Com. Reg. 7802 (July 15, 1991).

 

Commission Comment: The 1995 amendments amended subsection (a). The 2003 amendments amended subsections (a) and (b).

 

See the commission comment to § 170-30.2-101.

 

§ 170-30.2-825            Special Fee Assessments for General Operations of the Commission

 

(a)        To the extent possible, funding for general operations of the Commission shall be derived from annual casino license fees, other license fees and casino license application fees. However, when amounts received from these set fees are insufficient to fund Commission operations, the provisions of this section shall apply.

 

(b)        One month prior to the beginning of each new calendar quarter, the Commission shall determine previously received funds, not including licensing cost deposits described in § 170-30.2-830, estimated to be available to fund operations of the Commission during the next quarter. Simultaneously, an estimate of operational funds required for the next quarter, not including license application processing costs, shall be prepared from the Commission’s approved budget. When a funding shortfall is projected, the deficit shall be shared equally by all current casino license holders and applicants in the form of a special fee assessment.

 

(c)        The Commission shall advise each license holder and applicant of the special fee assessment not later than the tenth day of the month preceding the beginning of a new calendar quarter. Payment of said special fee shall then be due and payable at the office of the Commission no later than the last working day of the month preceding the beginning of the new calendar quarter.

 

(d)       Initial implementation of this section may result in these special fee assessments being made at times other than as specified in subsection (c), as the Commission will attempt to phase in these provisions as determined appropriate. However, any special fee assessed for general operations shall allow a minimum of twenty calendar days for remittance and, within six months of implementation, the regular quarterly cycle described in subsections (b) and (c) shall be fully implemented.

 

(e)        For purposes of this section, a calendar quarter is any consecutive three month period which begins with the first day of January, April, July, or October.

 

Modified, 1 CMC § 3806(c), (e), (g).

 

History: Amdts Adopted 17 Com. Reg. 13663 (Aug. 16, 1995); Amdts Proposed 14 Com. Reg. 8763 (Feb. 15, 1992); Amdts Proposed 16 Com. Reg. 11631 (Jan. 15, 1994); (superseding May 26, 1992 and July 15, 1992 proposed regulations); Amdts Proposed 14 Com. Reg. 9387 (July 15, 1992); Amdts Emergency and Proposed 14 Com. Reg. 9214 (May 26, 1992) (effective for 120 days from May 22, 1992).

 

Commission Comment: In subsection (c), the Commission corrected the spelling of “preceding.”

 

See the commission comment to § 170-30.2-101.

 

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

 

§ 170-30.2-830            Costs of Processing a Casino License Application

 

(a)        The Commission shall cause all actual costs associated with investigation, hearing, and licensing of each casino license application, as determined necessary by the Commission, to be paid from licensing cost deposits submitted by the affected applicant. With respect to the applicant, officers, principals, shareholders, financiers, contract operators, or any other parties which, in the sole view of the Commission, are subject to licensing standards pursuant to the Act, actual licensing costs shall include but not be limited to the following:

(1)        Professional fees and expenses incident to investigation of all parties subject to licensing standards;

(2)        Expenses incident to preparation and conduct of a licensing hearing including expert witnesses or other testimony or evidence considered by the Commission to be relevant to deciding the casino license application; and

(3)        An hourly charge, including a reasonable allowance for overhead, for all time expended by individual TCGCC Commissioners and staff directly on processing of the affected license application, participation in investigation, report preparation, hearing preparation, hearing participation, and any other matter for which the time expended would not have been necessary were it not for the existence of the particular casino license application.

 

(b)        If the Commission determines that actual costs of processing a casino license application will exceed the licensing cost deposit, the applicant will be notified to submit an additional deposit in an amount to be determined by the Commission based on an estimate of the amount of investigation and other expenses remaining. Such notification shall establish a date by which the additional deposit amount is to be remitted which allows a reasonable time of not less than fifteen days in which to comply.

 

(c)        When the Commission determines that the processing of a casino license application is concluded due to issuance or denial of the license, acceptance of the applicant’s withdrawal of the application, or for other reasons, any unexpended portion of the licensing costs deposit, including additional amounts required by the Commission subsequent to the initial filing, shall be refunded to the applicant along with a generalized accounting of expenses paid from deposited funds. To protect the confidentiality of investigation methodologies, such accounting to the applicant shall be limited to dates of payments, payees, and amounts paid.

 

(d)       Prior or subsequent to issuance of a license, if a licensee or applicant proposes a change to the ownership, capitalization, or organizational structure of the licensee or applicant which, pursuant to the Act and in the sole judgment of the Commission, requires that additional investigation be undertaken, the Commission will notify the applicant of an amount and due date for remittance of a licensing cost deposit based on the estimated cost of additional investigation and other expenses. The disposition of this additional deposit amount shall be in accordance with other provisions of this section.

 

Modified, 1 CMC § 3806(e).

 

History: Amdts Adopted 17 Com. Reg. 13663 (Aug. 16, 1995); Amdts Proposed 14 Com. Reg. 8763 (Feb. 15, 1992); Amdts Proposed 16 Com. Reg. 11631 (Jan. 15, 1994); (superseding May 26, 1992 and July 15, 1992 proposed regulations); Amdts Proposed 14 Com. Reg. 9387 (July 15, 1992); Amdts Emergency and Proposed 14 Com. Reg. 9214 (May 26, 1992) (effective for 120 days from May 22, 1992); Amdts Adopted 13 Com. Reg. 8555 (Dec. 15, 1991); Amdts Proposed 13 Com. Reg. 7802 (July 15, 1991).

 

Commission Comment: The 1995 amendments added new subsections (a)(1) through (a)(3) and amended subsections (a) through (d).

 

See the commission comment to § 170-30.2-101.

 

The Commission inserted commas after the words “hearing” and “operators” in subsection (a), “participation” in subsection (a)(3), “application” and “payees” in subsection (c), and “capitalization” in subsection (d), and corrected the spelling of the word “judgment” in subsection (d) pursuant to 1 CMC § 3806(g).

 

§ 170-30.2-835            Licensing Costs of Pending Casino License Applications

 

(a)        For purposes of payment of investigation and other licensing related costs, the provisions of this section shall apply to any casino license application which is pending at the time of adoption of this part and, in connection with which, fees and deposits of $300,000 or more have previously been remitted to the Commission.

 

(b)        The $200,000 application fee and the $150,000 licensing cost deposit referred to in § 170-30.2-820(a) shall be deemed to have been timely paid from amounts previously remitted.

 

(c)        As investigations undertaken by the Commission prior to adoption of this part have resulted in preliminary investigative reports being received on all pending applications and the considerable actual costs paid by the Commission for such investigations have exceeded the aggregate licensing cost deposits of all pending applicants, all such deposits of pending applicants shall be considered as having been fully depleted. Pending applicants shall have no further liability with regard to the cost of investigative efforts expended through the filing of the preliminary investigative reports.

 

(d)       Any additional licensing investigation or processing costs incurred or expected to be incurred with respect to a pending application after the filing of the preliminary report shall be individually assessed by the Commission and paid by the affected applicant in accordance with the provisions of § 170-30.2-830.

 

Modified, 1 CMC § 3806(c), (d).

 

History: Amdts Adopted 17 Com. Reg. 13663 (Aug. 16, 1995); Amdts Proposed 14 Com. Reg. 8763 (Feb. 15, 1992); Amdts Proposed 16 Com. Reg. 11631 (Jan. 15, 1994); (superseding May 26, 1992 and July 15, 1992 proposed regulations); Amdts Proposed 14 Com. Reg. 9387 (July 15, 1992); Amdts Emergency and Proposed 14 Com. Reg. 9214 (May 26, 1992) (effective for 120 days from May 22, 1992); Amdts Adopted 13 Com. Reg. 8555 (Dec. 15, 1991); Amdts Proposed 13 Com. Reg. 7802 (July 15, 1991).

 

Commission Comment: The 1995 amendments amended subsections (a) through (d).

 

See the commission comment to § 170-30.2-101.

 

§ 170-30.2-840            Machine Fees

 

(a)        Machine fees defined in this section shall be assessed annually on all mechanical or video devices used as part of the games available for play by the patrons of the casino. These include, but are not limited to, slot machines, video poker machines, video roulette machines, pachinko machines, and any and all other video or mechanical or combination machines available for play by patrons in the casino.

 

(b)        Fees for each machine defined in subsection (a) of this section shall be imposed on a declining scale based on the total number of machines in the casino. The following schedule shall apply to all machines in the casino. This fee must be remitted to the Commission by October 1st of each fiscal year.

Machines 1 – 100                    $125.00 per year, per machine

Machines 101 – 300                $100.00 per year, per additional machine

Machines 301 or more $75.00 per year, per additional machine

(c)        Gaming Table Fees

(1)        All casinos shall have at least one each of the following table games and may be permitted in their license to have more than the minimum:

(i)         Craps

(ii)        Roulette

(iii)       Black jack (twenty-one)

(iv)       Wheel (wheel of fortune, big six, etc.)

(v)        Asian game (pai gow, fan tan, etc.)

(2)        Table fees shall be assessed annually on each gaming table available for play by the patrons in the casino at the rate of $250.00 per table. In addition to the table games listed in subsection (c)(1), the gaming table fee shall also apply to any type of gaming table available for play by patrons inside of the casino.

(3)        Table games permitted in the casino are not limited to those specifically identified in subsection (c)(1) and may include other games as approved by the Commission including, by way of illustration only and not as a limitation, keno, bingo, chemin de fer, faro, chuck-a-luck, panguingui, poker, red dog, etc.

 

Modified, 1 CMC § 3806(c), (d), (f).

 

History: Amdts Adopted 25 Com. Reg. 21402 (Sept. 18, 2003); Amdts Proposed 25 Com. Reg. 20691 (July 15, 2003); Amdts Adopted 21 Com. Reg. 16569 (Feb. 18, 1999); Amdts Proposed 20 Com. Reg. 16390 (Dec. 15, 1998); Amdts Proposed 18 Com. Reg. 14033 (Mar. 15, 1996); Amdts Adopted 17 Com. Reg. 13663 (Aug. 16, 1995); Amdts Proposed 14 Com. Reg. 8763 (Feb. 15, 1992); Amdts Adopted 17 Com. Reg. 13521 (June 15, 1995); Amdts Proposed 17 Com. Reg. 13241 (Apr. 15, 1995); Amdts Proposed 16 Com. Reg. 11631 (Jan. 15, 1994); (superseding May 26, 1992 and July 15, 1992 proposed regulations); Amdts Proposed 14 Com. Reg. 9387 (July 15, 1992); Amdts Emergency and Proposed 14 Com. Reg. 9214 (May 26, 1992) (effective for 120 days from May 22, 1992); Amdts Adopted 13 Com. Reg. 8555 (Dec. 15, 1991); Amdts Proposed 13 Com. Reg. 7802 (July 15, 1991).

 

Commission Comment: The February 1999 amendments amended subsections (a), (b), and (c)(1). See also the commission comment to § 170-30.2-101.

 

The 2003 amendments republished this section in its entirety and amended subsections (a), (b), and (c).

 

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

 

§ 170-30.2-845            Casino Service Industry License

 

(a)        No casino service industry license shall be issued or renewed unless the applicant shall have first paid in full an annual license fee of $500.00 as outlined part V, § 47(1)(a)(b) of the Act. This fee, unlike the casino license fee, shall not be prorated based on the date of issuance in the fiscal year. This fee must be remitted, in full, to the Commission by October 1st of each fiscal year.

 

(b)        All casino service industry defined in this section shall be all service industries commencing service to the casino thirty days prior to the opening. A copy of all documents related to the annual gross income and taxes must be provided to the Commission upon remittance of this fee.

 

(c)        Fees defined in subsections (a) and (b) above shall not be exempted for license issued in accordance to section 3-1.12.*

 

*See the commission comment to this section.

 

(d)(1)   Non-payment of all fees described in this section shall be sufficient grounds for the revocation or suspension of a casino service industry license.

(2)        Any casino service industry licensee, whose license is suspended or revoked shall, upon notification from the Commission, immediately cease its services to the casino.

(3)        All casino licensees shall terminate its services from such casino service industry licensee upon notification from the Commission that the license of such casino service industry licensee has been suspended or revoked.

 

(e)        Violation of this section shall result in penalties assessed against either the casino service industry licensee or the casino licensee, or both, in an amount to be determined by the Commission, but not to exceed $100.00 per day. Penalties are cumulative and imposition of a penalty pursuant to this part does not preclude other penalties as provided by law, rule, or regulation also being imposed against a casino service industry licensee as a casino licensee.

 

(f)        The license requirements of this section herein set forth shall not apply to business entities which do not meet the definition of a “casino service industry” set forth in section 47 of the Act provided that such business pays a one-time registration fee of $100.00 and provides to the Commission sufficient information to permit the Commission to determine that the applicant is a commercial tenant of the hotel casino complex rather than an individual or entity engaged in the “casino service industry.”

 

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

 

History: Amdts Adopted 25 Com. Reg. 21402 (Sept. 18, 2003); Amdts Proposed 25 Com. Reg. 20691 (July 15, 2003); Amdts Adopted 21 Com. Reg. 16569 (Feb. 18, 1999); Amdts Proposed 20 Com. Reg. 16390 (Dec. 15, 1998); Amdts Proposed 18 Com. Reg. 14033 (Mar. 15, 1996); Amdts Adopted 17 Com. Reg. 13663 (Aug. 16, 1995); Amdts Proposed 14 Com. Reg. 8763 (Feb. 15, 1992); Amdts Adopted 17 Com. Reg. 13521 (June 15, 1995); Amdts Proposed 17 Com. Reg. 13241 (Apr. 15, 1995); Amdts Proposed 16 Com. Reg. 11631 (Jan. 15, 1994); (superseding May 26, 1992 and July 15, 1992 proposed regulations); Amdts Proposed 14 Com. Reg. 9387 (July 15, 1992); Amdts Emergency and Proposed 14 Com. Reg. 9214 (May 26, 1992) (effective for 120 days from May 22, 1992); Amdts Adopted 13 Com. Reg. 8555 (Dec. 15, 1991); Amdts Proposed 13 Com. Reg. 7802 (July 15, 1991).

 

Commission Comment: The reference to § 3-1.12 is in error. The Tinian Casino Gaming Control Commission proposed regulations entitled “Chapter 3 Casino Service Industry Application and License Regulations,” including § 3-1.12, entitled “Exemption.” See 14 Com. Reg. at 9073 (Mar. 15, 1992). However, a notice of adoption has not been published for these regulations. See also NMIAC, title 170, subchapter 30.3.

 

The 1999 amendments amended subsections (a) through (c). See also the commission comment to § 170-30.2-101.

 

The 2003 amendments republished this section in its entirety with numerous amendments, deleted former subsections (b) and (c), added new subsections (b) and (f), and re-designated the remaining subsections accordingly.

 

In subsection (f), the Commission moved the final period inside of the closing quotation mark.

 

The Commission inserted commas after the words “machines” in subsection (a) and “rule” in subsection (e) pursuant to 1 CMC § 3806(g).

 

§ 170-30.2-850            Casino Key Employee License Fees

 

A fee of $500.00 for each and every casino key employee, as defined, shall be paid in full to the Commission prior to the employee engaging in any key employee duties or responsibilities related to the casino. This shall be a one-time fee for the duration of the employee serving in the licensed position. Provided however, that if the employee so licensed assumes a new or different employment position, then the employee must pay the appropriate one-time license fee to secure a new license for the new or different employment position so assumed.

 

History: Amdts Adopted 25 Com. Reg. 21402 (Sept. 18, 2003); Amdts Proposed 25 Com. Reg. 20691 (July 15, 2003); Amdts Adopted 21 Com. Reg. 16569 (Feb. 18, 1999); Amdts Proposed 20 Com. Reg. 16390 (Dec. 15, 1998); Amdts Proposed 18 Com. Reg. 14033 (Mar. 15, 1996); Amdts Adopted 17 Com. Reg. 13663 (Aug. 16, 1995); Amdts Proposed 14 Com. Reg. 8763 (Feb. 15, 1992); Amdts Adopted 17 Com. Reg. 13521 (June 15, 1995); Amdts Proposed 17 Com. Reg. 13241 (Apr. 15, 1995); Amdts Proposed 16 Com. Reg. 11631 (Jan. 15, 1994); (superseding May 26, 1992 and July 15, 1992 proposed regulations); Amdts Proposed 14 Com. Reg. 9387 (July 15, 1992); Amdts Emergency and Proposed 14 Com. Reg. 9214 (May 26, 1992) (effective for 120 days from May 22, 1992); Amdts Adopted 13 Com. Reg. 8555 (Dec. 15, 1991); Amdts Proposed 13 Com. Reg. 7802 (July 15, 1991).

 

Commission Comment: See the commission comment to § 170-30.2-101.

 

§ 170-30.2-855            Casino Employee License Fees

 

(a)        A fee of $50.00 for each and every casino employee, as defined, shall be paid in full to the Commission prior to the employee engaging in any duties or responsibilities related to the hotel. This shall be a one-time fee for the duration of the employee serving in the licensed position. Provided however, that if the employee so licensed assumes a new or different employment position, then the employee must pay the appropriate one-time license fee to secure a new license for the new or different employment position so assumed.

 

(b)        Hotel Employee Registration Fees

A fee of $50.00 for each and every hotel employee shall be paid in full to the Commission prior to the employee engaging in any duties or responsibilities related to the casino. This shall be a one-time fee for the duration of the employee serving in the licensed position. Provided however, that if the employee so licensed assumes a new or different employment position, then the employee must pay the appropriate one-time license fee to secure a new license for the new or different employment position so assumed.

 

History: Amdts Adopted 25 Com. Reg. 21402 (Sept. 18, 2003); Amdts Proposed 25 Com. Reg. 20691 (July 15, 2003); Amdts Adopted 21 Com. Reg. 16569 (Feb. 18, 1999); Amdts Proposed 20 Com. Reg. 16390 (Dec. 15, 1998); Amdts Proposed 18 Com. Reg. 14033 (Mar. 15, 1996); Amdts Adopted 17 Com. Reg. 13663 (Aug. 16, 1995); Amdts Proposed 14 Com. Reg. 8763 (Feb. 15, 1992); Amdts Adopted 17 Com. Reg. 13521 (June 15, 1995); Amdts Proposed 17 Com. Reg. 13241 (Apr. 15, 1995); Amdts Proposed 16 Com. Reg. 11631 (Jan. 15, 1994); (superseding May 26, 1992 and July 15, 1992 proposed regulations); Amdts Proposed 14 Com. Reg. 9387 (July 15, 1992); Amdts Emergency and Proposed 14 Com. Reg. 9214 (May 26, 1992) (effective for 120 days from May 22, 1992); Amdts Adopted 13 Com. Reg. 8555 (Dec. 15, 1991); Amdts Proposed 13 Com. Reg. 7802 (July 15, 1991).

 

Commission Comment: The 1999 amendments added new subsection (b) and amended subsection (a). See also the commission comment to § 170-30.2-101. The 2003 amendments amended subsections (a) and (b).

 

§ 170-30.2-860            Obligation to Pay Fees; Nonrefundable Nature of Fees

 

(a)        Any fee or deposit obligation arising in accordance with the Act or this part shall be due and payable notwithstanding the withdrawal or abandonment of any application or the termination in any manner of an existing license. Each party to an agreement to lease the casino hotel or the land thereunder, to jointly own a casino hotel or the land thereunder, or to manage a casino shall also be liable for any amounts chargeable to the casino licensee or applicant.

 

(b)        Unless otherwise provided, amounts actually paid by an applicant or licensee in accordance with the Act and this part shall not be refundable.

 

Modified, 1 CMC § 3806(d).

 

History: Amdts Adopted 17 Com. Reg. 13663 (Aug. 16, 1995); Amdts Proposed 14 Com. Reg. 8763 (Feb. 15, 1992); Amdts Proposed 16 Com. Reg. 11631 (Jan. 15, 1994); (superseding May 26, 1992 and July 15, 1992 proposed regulations); Amdts Proposed 14 Com. Reg. 9387 (July 15, 1992); Amdts Emergency and Proposed 14 Com. Reg. 9214 (May 26, 1992) (effective for 120 days from May 22, 1992); Amdts Adopted 13 Com. Reg. 8555 (Dec. 15, 1991); Amdts Proposed 13 Com. Reg. 7802 (July 15, 1991).

 

Commission Comment: The 1995 amendments amended subsection (a).

 

See the commission comment to § 170-30.2-101.

 

§ 170-30.2-865            Powers and Duties of the Commission

 

Nothing in this part shall be construed to limit the powers and duties of the Commission as provided in the Act or the regulations of the Commission.

 

Modified, 1 CMC § 3806(d).

 

History: Amdts Adopted 17 Com. Reg. 13663 (Aug. 16, 1995); Amdts Proposed 14 Com. Reg. 8763 (Feb. 15, 1992); Amdts Proposed 16 Com. Reg. 11631 (Jan. 15, 1994); (superseding May 26, 1992 and July 15, 1992 proposed regulations); Amdts Proposed 14 Com. Reg. 9387 (July 15, 1992); Amdts Emergency and Proposed 14 Com. Reg. 9214 (May 26, 1992) (effective for 120 days from May 22, 1992); Amdts Adopted 13 Com. Reg. 8555 (Dec. 15, 1991); Amdts Proposed 13 Com. Reg. 7802 (July 15, 1991).

 

Commission Comment: See the commission comment to § 170-30.2-101.

 

Part 900 -       Reports

 

§ 170-30.2-901            Annual Audit, Other Reports, Suspicious Activity, and Currency Transaction Reports by a Casino Operator on the Island of Tinian

 

(a)        Irrespective of whether or not the below federal disclosure requirements are found to be applicable under federal law to the CNMI, these federal requirements as found in the federal law and in the Code of Federal Regulations (“CFR”) as applicable to the several states of the United States, are hereby adopted as requirements and regulations of the Tinian Casino Gaming Control Commission (“TCGCC”) and are to be complied with by the casino operator and the required disclosures and reports shall be directly submitted to and filed with the TCGCC within 48 hours of each such transaction or occurrence unless a different specific time period for filing and/or disclosure is stated in subsections (b)-(p).

 

(b)        A casino operator shall, at its own expense, have its annual financial statements audited in accordance with generally accepted auditing standards (when applicable, the Standards of the Public Company Accounting Oversight Board (United States)) by an independent certified public accountant licensed to practice in this Commonwealth.

 

(c)        The annual financial statements shall be prepared on a comparative basis for the current and prior fiscal year and present the financial position and results of operations in conformity with generally accepted accounting principles in the United States.

 

(d)       One copy of the audited financial statements, together with any management letter or report prepared thereon by the casino operator’s independent certified public accountant, shall be filed with the TCGCC not later than 4 months after the end of the operator’s fiscal year.

 

(e)        The casino operator shall file with the TCGCC one copy of any other report(s) on internal controls, administrative controls, or other matters relative to the casino operator’s accounting or operating procedures rendered by the casino operator’s independent certified public accountant within 4 months following the end of the operator’s fiscal year or upon receipt, whichever is earlier.

 

(f)        If the casino operator or its holding company, intermediary, or principal entity is publicly held, the casino operator shall submit a notice to the TCGCC when the operator, its holding company, intermediary, or principal entity files any report, including forms S-1, 8-K, 10-Q, 10-K, proxy or information statements and registration statements with the SEC or other domestic or foreign securities regulatory agency. The notice must include a listing of the reports or forms filed and the date of the filing. The notice to the TCGCC shall be made within 10 business days of the time of filing with the applicable Commission or regulatory agency.

 

(g)        If an independent certified public accountant that was previously engaged as the principal accountant to audit the casino operator’s financial statements resigns or is dismissed as the casino operator’s principal accountant, or another independent certified public accountant is engaged as principal accountant, the casino operator shall file a report with the TCGCC within 10 business days following the end of the month in which the event occurs, setting forth the following:

(1)        The date of the resignation, dismissal, or engagement.

(2)        Whether in connection with the audits of the 2 most recent years preceding a resignation, dismissal, or engagement there were any disagreements with the former accountant on any matter of accounting principles or practices, financial statement disclosure or auditing scope or procedure, including a description of each such disagreement. The disagreements to be reported include those resolved and those not resolved.

(3)        Whether the principal accountant’s report on the financial statements for either of the past 2 years contained an adverse opinion or disclaimer of opinion or was qualified. The nature of the adverse opinion, disclaimer of opinion, or qualification shall be described in particularity.

 

(h)        The casino operator shall request the former accountant to furnish to the casino operator a letter addressed to the TCGCC stating whether he agrees with the statements made by the casino operator in response to subsection (g)(2). The letter shall be filed with the TCGCC as an exhibit to the report required under subsection (g).

 

(i)         The casino operator shall file with the TCGCC a Suspicious Activity Report—Casino (SARC) reporting “any suspicious transaction” that the casino operator believes is or may be relevant “to the possible violation” of any CNMI or federal law or regulation in accordance with the requirements of 31 CFR 1021.320 (relating to reports by casinos of suspicious transactions) and the casino operator shall collect and maintain any supporting documentation as required by 31 CFR 1021.320(b)(1) and (d).

 

(j)         A casino operator, director, officer, employee, or agent who reports a suspicious activity under subsection (i) may not notify any individual or entity involved in the suspicious activity that the suspicious activity has been reported.

 

(k)        The casino operator shall file with the TCGCC the Currency Transaction Reports by Casino (CTRC) that comply with the requirements of 31 CFR 1021.311 (relating to filing obligations).

 

(l)         Prior to commencing gaming operators, a casino operator shall file with the TCGCC, a copy of the casino operator’s compliance program that complies with the requirements of 31 CFR Part 1021 (relating to rules for casinos and card clubs). Thereafter, a casino operator shall file with the TCGCC any amendment or supplement to the compliance program on or before the effective date of the amendment or supplement.

 

(m)       The reporting and other requirements set forth in subsections (i)-(l) hereof apply to casino operators regardless of whether similar reporting and other requirements must be made to the United States federal government.

 

(n)        A casino operator shall require the independent certified public accountant auditing its financial statements to render the following additional reports:

(1)        A report identifying:

(i)         Material weaknesses or significant deficiencies in the casino operator’s internal controls noted in the course of the examination of the financial statements; and

(ii)        Recommendations as to how to eliminate each material weakness or significant deficiency identified; and

(2)        A report expressing an opinion as to the adequacy of the casino operator’s internal controls over financial reporting.

 

(o)        A casino operator shall prepare a written response to the reports required by this regulation which includes details as to any corrective action taken.

 

(p)        No later than 4 months after the end of the fiscal year, a casino operator shall submit to the Commission a copy of:

(1)        The reports required under this regulation;

(2)        The responses required under this regulation; and

(3)        Any other report on internal controls or other matters relative to its accounting or operating procedures rendered by its independent certified public accountant.

 

Modified, 1 CMC § 3806(d), (f), (g).

 

History: Adopted 37 Com. Reg. 36020 (Feb. 28, 2015); Proposed 36 Com. Reg. 35988 (Dec. 28, 2014)

 

Commission Comment: The Commission substituted section numbers pursuant to 1 CMC § 3806(d). The Commission corrected the capitalization of the word “states” in subsection (a) pursuant to 1 CMC § 3806(f). The Commission inserted commas after the words “controls” in subsection (e), “intermediary” in subsection (f), “dismissal” in subsections (g)(1) and (g)(2), “opinion” in subsection (g)(3), and “employee” in subsection (j) pursuant to 1 CMC § 3806(g).

 

Part 1000 -     Appointment of an Administrator

 

§ 170-30.2-1001          Policy of the Commission

 

The Commission hereby finds and declares it to be its policy that:

 

(a)                The stability and continuity of casino operations or hotel casino operations in this municipality are essential to the municipality’s economy and to the general welfare of its residents.

 

(b)               Any closure of a casino or hotel-casino complex because of a cancellation, revocation, or suspension of its license may cause unnecessary financial hardship to its employees, creditors, and investors and may have an adverse economic effect on the residents of the municipality.

 

(c)                Public confidence and trust in the ability of the municipality to control gaming operations must not be sacrificed by any relaxation of strict controls in particular circumstances merely to permit gaming operations to continue.

 

(d)               Placing the management and control of a casino or hotel casino complex whose license is canceled, revoked, or suspended under the control of a competent administrator may ensure the proper regulation of the operations while maintaining its value for its creditors and investors. It may also serve to protect the interests of other persons by avoiding any disruption of the economy of the community.

 

Modified, 1 CMC § 3806(g).

 

History: Adopted 37 Com. Reg. 35497 (July 30, 2015); Proposed 36 Com. Reg. 35497 (Sept. 28, 2014).

 

Commission Comment: In July 2015 the Tinian Casino Gaming Control Commission adopted regulations regarding the appointment of an administrator for the casino. 37 Com. Reg. 36785 (July 30, 2015).  . The regulations were proposed as amendments to the personnel regulations at Subchapter 170-30.5. 36 Com. Reg. 35497 (Sept. 28, 2014). Pursuant to 1 CMC §3806(b), however, the Law Revision Commission codified these regulations in part 1000 of subchapter 170-30.2 to fit harmoniously within the code. The Law Revision Commission numbered the regulations  to conform to the numbering scheme of the code pursuant to 1 CMC § 3806(a).

The Commission added commas after the words “revocation” and “creditors” in subsection (b), and “revoked” in subsection (d) pursuant to 1 CMC § 3806(g).

 

§ 170-30.2-1005          Determination to Appoint an Administrator

 

In determining whether to appoint an administrator, the Commission shall consider:

 

(a)                The failure of the casino operator/licensee to comply with its directives, the Revised Tinian Casino Gaming Control Act, and/or its regulations;

 

(b)               Whether there is an unauthorized operation of the casino by unlicensed persons;

 

(c)                The nature of the violations that resulted in a cancellation, revocation, or suspension of the license;

 

(d)               The economic impact of closure of the casino or hotel-casino complex upon the community;

 

(e)                The involvement, if any, of undisclosed interests in the casino or hotel-casino complex;

 

(f)                The current status of all fees and taxes applicable to the operations;

 

(g)               The adequacy of existing financing for the operation and the suitability of any proposed financing;

 

(h)               The impact upon public confidence and trust if gaming operations are not conducted honestly and free from criminal and corruptive elements;

 

(i)                 The availability of persons qualified and willing to assume the position of administrator for the casino or hotel-casino complex;

 

(j)                 Any other matter material to a full and complete consideration of the particular circumstances presented.

 

Modified, 1 CMC § 3806(g).

 

History: Adopted 37 Com. Reg. 35497 (July 30, 2015); Proposed 36 Com. Reg. 35497 (Sept. 28, 2014).

 

Commission Comment: The Commission changed the final period in subsection (i) to a semicolon to correct a manifest error. The Commission added a comma after “revocation” in subsection (c) to correct a manifest error.

 

§ 170-30.2-1010          Qualifications of an Administrator

 

(a)                The Commission must be satisfied that the potential administrator has the requisite casino management experience.

 

(b)               The potential administrator should meet the suitability standards of 10 CMC §§ 2511 – 25129 in order to qualify for appointment. The administrator shall be a person of relevant experience in the field of gaming management and, in the case of replacing a gaming licensee, shall have experience operating a gaming location of similar caliber in another jurisdiction, and shall be in good standing in any jurisdiction where the person has held or holds a license, registration, or other authorization. Upon appointment, an administrator shall agree to operate the gaming location in compliance with all requirements of the statement of conditions issued by the Commission in connection with the gaming license for the gaming location.

 

(c)                The Commission may appoint more than a single individual, such as a management team, association, or company, where such appointment will better meet the circumstances and the needs of the casino or hotel-casino complex.

 

(d)               In cases where there is more than one qualified applicant for administrator, the Executive Director shall review the qualifications for each applicant and make a recommendation to the Commission specifying the most suitable applicant in the circumstances.

 

(e)                The Commission shall review the recommendation of the Executive Director and in its sole and absolute discretion, accept the recommendation of the Executive Director or select another qualified applicant for appointment as administrator.

 

(f)                The Executive Director may accept applications for the administrator at any time. The Executive Director shall determine the type and form of information the prospective administrator shall file in order to be considered for appointment.

 

Modified, 1 CMC § 3806(d), (f), (g).

 

History: Adopted 37 Com. Reg. 35497 (July 30, 2015); Proposed 36 Com. Reg. 35497 (Sept. 28, 2014).

 

Commission Comment: The Commission substituted “10 CMC §§ 2511 – 25129” for “the Act” in subsection (b) as a reference to the codification of the Tinian Casino Gaming Act of 1989. The Commission capitalized the word “commission” in subsection (b) for the purpose of conformity. The Commission added commas after the words “registration” in subsection (b) and “association” in subsection (c) to correct manifest errors.

§ 170-30.2-1015          Compensation of the Administrator; Bonding

 

(a)                The Commission shall allow reasonable compensation, out of the revenue of the casino or hotel-casino complex, for the services, costs, and expenses of the administrator and for any persons whom the administrator and for any persons whom the administrator may engage to aid him in his duties.

 

(b)               The Commission may require the execution and filing of a bond for the faithful performance of his duties payable to the Commission with such surety or sureties and in such form and amount as the Commission shall approve.

 

Modified, 1 CMC § 3806(g).

 

History: Adopted 37 Com. Reg. 35497 (July 30, 2015); Proposed 36 Com. Reg. 35497 (Sept. 28, 2014).

 

Commission Comment: The Commission added a comma after “costs” in subsection (a) to correct a manifest error.

 

§ 170-30.2-1020          Powers, Authorities and Duties of an Administrator

 

(a)                Upon appointment of the administrator, the right, title, and interest of all persons in the casino or hotel casino are suspended and the administrator shall become vested with the title of all the property of the former or suspended licensee relating to the casino or hotel-casino complex, subject to any and all valid liens, claims, and encumbrances. After issuance of an order to appoint an administrator, the former or suspended gaming licensee may not exercise any of its privileges, collect or receive any debts, or pay out, sell, assign, or transfer any of its assets to anyone without prior approval of the appointed administrator and the Commission.

 

(b)               The administrator shall protect the money and property so acquired by managing it in a prudent businesslike manner.

 

(c)                Subject to the general supervision of the Commission and pursuant to any specific order it may deem appropriate, an administrator shall have the power to:

(1)               Take into his possession all the properly of the former canceled or suspended licensee relating to the casino or hotel-casino complex, including its books, records and papers, and bank accounts;

(2)               Institute and defend actions by or on behalf of the former or suspended licensee;

(3)               Settle or compromise with any debtor or creditor of the former or suspended licensee, including any taxing authority;

(4)               Continue the business of the former or suspended licensee and to that end enter into contracts, borrow money, and pledge, mortgage or otherwise encumber the property of the former or suspended licensee as security for the repayment of the administrator’s loans; provided, however, that such power shall be subject to any reasonable provisions and restrictions in any existing credit documents;

(5)               Hire, fire, and discipline employees;

(6)               Perform any other lawful acts on behalf of the casino or hotel-casino complex which an owner is entitled to perform.

 

(d)               The administrator is bound by all provisions of 10 CMC §§ 2511 – 25129 and all regulations of the Commission.

 

Modified, 1 CMC § 3806(d), (g).

 

History: Adopted 37 Com. Reg. 35497 (July 30, 2015); Proposed 36 Com. Reg. 35497 (Sept. 28, 2014).

 

Commission Comment: The Commission substituted “10 CMC §§ 2511 – 25129” for “the Act” in subsection (d) as a reference to the codification of the Tinian Casino Gaming Act of 1989. The Commission added commas after “claims” and “debts” in subsection (a), “money” in subsection (c)(4), and “fire” in subsection (c)(5), to correct manifest errors. The Commission changed subsection 5.3.7 (a second level subsection) in the proposed rules to subsection (d) (a first level subsection) in this code to correct a manifest error.

 

§ 170-30.2-1025          Reports by the Administrator

 

(a)                An administrator shall file with the Commission such reports with regard to the casino or hotel-casino complex under the supervision of the administrator in such form and