TITLE 95

NORTHERN MARIANAS COLLEGE BOARD OF REGENTS

 

Chapter 95-10            Northern Marianas College Board of Regents Operation Policies

Chapter 95-20            Northern Marianas College Policies

Subchapter 95-20.1    General Policies

Subchapter 95-20.2    Facilities Management Policy [Reserved]

Subchapter 95-20.3    Postsecondary Education Licensing Policy

Subchapter 95-20.4    Student Development Policy [Reserved]

Chapter 95-30            Northern Marianas College Personnel Manual [Reserved]

Chapter 95-50            Northern Marianas College Procurement and Property Management

 

CHAPTER 95-10

NORTHERN MARIANAS COLLEGE BOARD OF REGENTS OPERATION POLICIES

 


Part 001          General Provisions

§ 95-10-001    Role of the Board and Members (Powers, Purposes)

§ 95-10-005    Duties of the Board

§ 95-10-010    Limits of Authority

§ 95-10-015    Honorary Student Member

§ 95-10-020    Honorary Faculty Member

§ 95-10-025    Officers

§ 95-10-030    Duties of the Chair

§ 95-10-035    Compensation of Board Members

 

Part 100          Committees of the Board

§ 95-10-101    Standing Committees

§ 95-10-105    Fiscal and Legislative Committee

Responsibilities

§ 95-10-110    Personnel Committee Responsibilities

§ 95-10-115    Program Committee Responsibilities

§ 95-10-120    Temporary Committees of the Board

§ 95-10-125    Other Advisory Committees

 

Part 200          Duties of the President and Legal Counsel

§ 95-10-201    Duties of the President

§ 95-10-205    Duties of the Legal Counsel

 

Part 300          Charter of Northern Marianas College Foundation

§ 95-10-301    Charter of Northern Marianas College

Foundation

 

Part 400          Policies, Bylaws and Administrative Procedures

§ 95-10-401    Formulation, Adoption, Amendment of Policies and Bylaws

§ 95-10-405    Formulation, Approval, Amendment of Administrative Procedures

§ 95-10-410    Suspension of Policies, By-laws and Procedures

 

Part 500          Meetings

§ 95-10-501    Regular Meetings

§ 95-10-505    Special Meetings (Non-emergency)

§ 95-10-510    Special Meetings (Emergency)

§ 95-10-515    Adjourned Meetings

§ 95-10-520    Annual Organizational Meeting

§ 95-10-525    Time, Place, Notification for Meetings

§ 95-10-530    Public and Closed Sessions

§ 95-10-535    Construction of Agenda

§ 95-10-540    Advance Delivery of Meeting Materials

§ 95-10-545    Meeting Conduct

§ 95-10-550    Quorum

§ 95-10-555    Minutes and Recording Devices

§ 95-10-560    Recording of Votes

 

Part 600          Review and Evaluation

§ 95-10-601    Periodic Review and Evaluation

§ 95-10-605    Periodic Review and Evaluation of the President

 

Part 700          Board Action on Issues Not Directly Affecting the College

§ 95-10-701    Board Action on Issues Not Directly Affecting the College

 

Part 800          Code of Ethics of the Board

§ 95-10-801 Introduction

§ 95-10-805 Responsibilities

§ 95-10-810 Censure

 

Part 900          Other Board of Regents Requirements

§ 95-10-901    Attendance at Meetings, Institutions, Conventions

§ 95-10-905    Board Member Liability Protection

§ 95-10-910    Conflict of Interest Code

§ 95-10-915    Removal from Office

 

Part 1000        Evaluation

§ 95-10-1001  Board of Regents Self Evaluation

§ 95-10-1005  Administrative Procedure

 

Part 1100        Institutional Effectiveness and Governance

§ 95-10-1101  Policy

§ 95-10-1105  Institutional Research

§ 95-10-1110  Institutional Evaluation

§ 95-10-1115  Administrative Procedure

§ 95-10-1120  Institutional Governance

 

Part 1200        Miscellaneous Provisions

§ 95-10-1201  Citizen Participation in Board Meetings

§ 95-10-1205  Protection from Civil Suit

§ 95-10-1210  Legal Counsel


 

Chapter Authority: 3 CMC § 1316.

 

Chapter History: Adopted 26 Com. Reg. 22350 (Apr. 23, 2004); Proposed 25 Com. Reg. 21369 (Sept. 18, 2003).

 

Commission Comment: Executive Order No. 25 (effective March 12, 1981) revoked an earlier Executive Proclamation dated August 23, 1976, entitled “Proclamation Establishing the Northern Marianas Community College,” and established the Northern Marianas Community College within the Department of Education under the control and supervision of the Board of Education, acting as a Board of Regents for the college. See Executive Order 25 § 1, reprinted at 3 Com. Reg. 1218 (Mar. 30, 1981). Executive Order 25 § 4(a) authorized the Board to establish rules, regulations, and policies for the operation of the college.

 

PL 3-43, a comprehensive revision of the CNMI education laws, took effect January 19, 1983. PL 3-43 § 105 repealed PL 1-8, tit. 1, ch. 14 and re-established the Northern Mariana College Board of Regents as a part of the Board of Education. See PL 1-8, tit. 1, ch. 14 (effective August 10, 1978) as repealed and reenacted by PL 3-43 (effective Jan. 19, 1983) (formerly codified at 1 CMC §§ 2281-2286); see also the commission comment to 3 CMC § 1101. PL 3-43 § 106 also repealed Executive Order 25.

 

PL 4-34 (effective March 28, 1985), the “Postsecondary Education Act of 1984,” codified as amended at 3 CMC §§ 1301-1331, created the Northern Marianas College as a nonprofit public corporation, under the general control and direction of the Board of Regents of the Northern Marianas College. See 3 CMC § 1304; see also 3 CMC § 1311. PL 4-34 § 20 repealed former 1 CMC §§ 2281-2286. PL 4-34 § 19 provided for the transition of duties and policies from the Board of Education to the Board of Regents. 3 CMC § 1316 defines the duties of the Board of Regents and provides the Board the authority to adopt rules and regulations for the implementation of the act and its duties thereunder.

 

On November 26, 1982, the Board of Education issued emergency and proposed regulations pursuant to the authority of Executive Order No. 25. The regulations changed the title of the head of the Northern Marianas Community College from Dean to President. See 4 Com. Reg. 1750 (Dec. 10, 1982).

 

Part 001 -       General Provisions

 

§ 95-10-001    Role of the Board and Members (Powers, Purposes)

 

(a)       The Board of Regents is the governing board of the Northern Marianas College. It derives its powers from and exists under the Constitution and laws of the Commonwealth of the Northern Mariana Islands.

 

(b)       The Board has the power and responsibility to discharge any duty imposed by law upon it or upon the College, and may execute any powers delegated by law to it or to the College.

 

(c)       The Board shall concern itself primarily with broad questions of policy, rather than with administrative details. The application of policies is an administrative task to be performed by the President and staff, who shall be held responsible for the effective administration and supervision of the College’s programs.

 

(d)       The act of a majority of the Regents voting on an issue at a meeting at which a quorum is present shall be an act of the Board of Regents.

 

History: Adopted 26 Com. Reg. 22350 (Apr. 23, 2004); Proposed 25 Com. Reg. 21369 (Sept. 18, 2003).

 

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

 

§ 95-10-005    Duties of the Board

 

(a)       Functions

(1)       The Board of Regents of Northern Marianas College, established under the CNMI Post-secondary Education Act of 1984, is comprised of seven CNMI residents appointed by the Governor with the advice and consent of the Senate. It represents the interests of the public within the Commonwealth on matters concerning post-secondary education.

(2)       The members of the Board serve as a unit to set the goals and general direction of the College, and to approve policies in pursuit thereof.

 

(b)       Duties and Powers

(1)       Statutory limits of the duties and powers of the Board of Regents are contained in the Post-secondary Act of 1984, as amended, 3 CMC §§ 1311, et seq. and in article XV, section 2 of the Constitution.

(2)       The Board will:

(i)        Appoint the President of the College who shall be the Chief Executive Officer of the College and of the Board;

(ii)       Approve all contracts $25,000 and above issued by the College;

(iii)      Approve annual budgets and expenditures of the College;

(iv)      Delegate to the President all powers necessary for the development and implementation of procedures required to carry out Board policies, and judiciously review and act upon such matters as shall be recommended by the President;

(v)       Periodically evaluate the president’s overall and specific performance;

(vi)      Periodically evaluate its performance as a Board;

(vii)     Periodically review the organizational structure of the College, its financial management, and its overall operation;

(viii)    Review and approve proposals submitted by the President for the Board’s approval of new programs or termination of existing programs;

(ix)      Fulfill all duties stipulated by the Post-secondary Education Act of 1984, as amended, 3 CMC §§ 1311, et seq.;

(x)       Exercise, as an exclusive right, all other powers provided for non-profit corporations that are necessary and proper for the efficient and effective direction and maintenance of the College consistent with article XV, section 2, of the CNMI Constitution and with the CNMI Post-secondary Education Act of 1984, as amended.

 

Modified, 1 CMC § 3806(f).

 

History: Adopted 26 Com. Reg. 22350 (Apr. 23, 2004); Proposed 25 Com. Reg. 21369 (Sept. 18, 2003).

 

§ 95-10-010    Limits of Authority

 

(a)       The Board of Regents is the unit of authority, and no Board member has individual authority in regards to the College except as part of that unit. Individually the Board member may not commit the College or Regents to any policy, act or expenditure. The Board member cannot do business with the College, nor should the Board member have an interest in any contract with the College. The Board member does not represent any factional segment of the community, but is rather a part of the body, which represents and acts for the community as a whole.

 

(b)       No individual member of the Board, by virtue of holding office, shall exercise any administrative responsibility with respect to the College, nor as an individual command the services of any college employee.

 

(c)       No member of the Board shall be asked to perform any routine or clerical duties that may be assigned to an employee, nor shall any Board member become an employee of the College while serving on the Board except as specifically provided for by law.

 

Modified, 1 CMC § 3806(f).

 

History: Adopted 26 Com. Reg. 22350 (Apr. 23, 2004); Proposed 25 Com. Reg. 21369 (Sept. 18, 2003).

 

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

 

§ 95-10-015    Honorary Student Member

 

(a)       The Board shall, in accordance with adopted Board procedures for the election of a student member, include an honorary student member of the Board.

 

(b)       The honorary student member shall serve for one year commencing May 1. The student member shall be seated with the members of the Board, shall be recognized with the members of the Board at the meetings, shall have a non-binding advisory vote, shall receive all materials presented to the Board members and participate in the questioning of witnesses and the discussion of issues. The honorary Student Regent shall not make or second motions.

 

History: Adopted 26 Com. Reg. 22350 (Apr. 23, 2004); Proposed 25 Com. Reg. 21369 (Sept. 18, 2003).

 

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

 

§ 95-10-020    Honorary Faculty Member

 

(a)       The Board shall, in accordance with adopted Board procedures for the election of a faculty member, include an honorary faculty member of the Board.

(b)       The faculty member shall serve for one year commencing May 1. The faculty member shall be seated with the members of the Board, shall be recognized with the members of the Board at the meetings, shall have a non-binding advisory vote, shall receive all materials presented to the Board members and participate in the questioning of witnesses and the discussion of issues. The honorary Faculty Regent shall not make or second motions.

 

History: Adopted 26 Com. Reg. 22350 (Apr. 23, 2004); Proposed 25 Com. Reg. 21369 (Sept. 18, 2003).

 

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

 

§ 95-10-025    Officers

 

(a)       At the organizational meetings in even-numbered years the Board will elect a Chair and a Treasurer from among its members, and will appoint the President as Secretary to the Board. At the organizational meetings in odd-numbered years the Board will elect a Vice Chair.

 

(b)       Officers shall serve for two years and may serve as an officer for more than one term. In case of vacancy in an office, the Board shall fill the vacancy for the unexpired term.

 

History: Adopted 26 Com. Reg. 22350 (Apr. 23, 2004); Proposed 25 Com. Reg. 21369 (Sept. 18, 2003).

 

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

 

§ 95-10-030    Duties of the Chair

 

The Chair of the Board shall preside at all meetings of the Board, maintain order, enforce the rules of the Board at all meetings, and appoint all standing committees and all special committees, unless otherwise ordered by the Board. The Chair of the Board shall have all the rights of any member of the Board, including the right to move, second, discuss, and vote on any and all questions before the Board.

 

(a)       Selection and Removal of the Chair

(1)       The Chair of the Board shall be elected by the Board from among its members. The election of the Chair shall occur at the organizational meeting of the Board on the last Thursday of June every even-numbered year.

(2)       Following the resignation, removal, or death of the chair, election of a new chair shall occur at the next regularly scheduled Board meeting. The individual so elected shall serve the remainder of the two-year term of office.

 

(b)       Duties of the Chair

(1)       The duties and powers of the Chair shall be consistent with the duties and powers of the Board of Regents set forth in the Post-secondary Education Act of 1984, as amended, and in article XV, section 2 of the Constitution. Duties and powers of the Chair, authorized by the Board, can be altered by the Board.

(2)       The Chair shall:

(i)        Serve as presiding officer at Board meetings;

(ii)       Establish agenda of Board meetings in concert with the President;

(iii)      Appoint and disband committees of the Board;

(iv)      Be recognized and act as the Chief coordinator between the Board and the President, keeping both fully informed of all pending activities;

(v)       Prepare the annual Board budget for inclusion in the total college budget and conduct Board business within the budget;

(vi)      Act as the duly elected representative and official spokesperson for the Board of Regents, including:

(A)      Acting as the Board’s liaison with the Legislature, and acting as the College’s liaison with other college boards at the regional and national levels;

(vii)     Perform such other duties as may be authorized by law or by action of the Board.

 

(c)       In case of the absence, or disability of the Chair, the Vice-chair shall perform the duties of the Chair. If both the Chair and the Vice-chair are absent, the Treasurer shall serve as Chair Pro Tem. If all three officers are absent, the remaining members, if a quorum, shall select one member to serve as Chair Pro Tem.

 

(d)       The President shall act as Secretary of the Board. As Secretary, the President shall:

(1)       Prepare the Board agenda.

(2)       Prepare the Board minutes.

(3)       Care for all College and Board records and documents.

 

Modified, 1 CMC § 3806(f), (g).

 

History: Adopted 26 Com. Reg. 22350 (Apr. 23, 2004); Proposed 25 Com. Reg. 21369 (Sept. 18, 2003).

 

Commission Comment: In subsection (b)(1), the Commission inserted the final period.

 

§ 95-10-035    Compensation of Board Members

 

(a)       Voting members of the Board may receive as compensation for meetings actually attended no more than $60 for a full-day meeting and no more than $30 for a meeting of a half day or less. A member who is employed by the government or its agency will be given administrative leave status in lieu of compensation for meetings held during working hours.

 

(b)       Any Board member traveling on official business shall receive travel and per diem compensation at the rates and guidelines established for executive branch employees.

 

(c)       Any Board member may receive reimbursement for extraordinary expenses actually incurred in the performance of his/her duties upon the submission to the office of the President of receipts or other proof of extraordinary expenses of the Board and the specific approval of the Board to reimburse the member for his/her extraordinary expenses.

 

Modified, 1 CMC § 3806(f).

 

History: Adopted 26 Com. Reg. 22350 (Apr. 23, 2004); Proposed 25 Com. Reg. 21369 (Sept. 18, 2003).

 

Part 100 -       Committees of the Board

 

§ 95-10-101    Standing Committees

 

While the Board will act as a committee of the whole in making decisions, it will often be convenient in some matters for individual board members or committees to review complicated matters before making recommendations to the full Board for action. The Board shall form three standing committees: Fiscal & Legislative Committee, Personnel Committees, and Program Committee.

 

History: Adopted 26 Com. Reg. 22350 (Apr. 23, 2004); Proposed 25 Com. Reg. 21369 (Sept. 18, 2003).

 

Commission Comment: The Commission created the section title.

 

§ 95-10-105    Fiscal and Legislative Committee Responsibilities

 

The Fiscal and Legislative Committee shall have the following responsibilities:

 

(a)       To review and to make recommendations to the Board on the annual budget for the College.

 

(b)       To review and to make comments to the Board on the current financial statement of the College.

 

(c)       To make recommendations to the Board on any matters related to the land or facilities of the College.

 

(d)       To oversee for the Board the operations of the Northern Marianas College Foundation and to make recommendations to the Board on the same.

 

(e)       To review and to make recommendations to the Board on matters concerned with tuitions, fees, and other charges for College services.

 

(f)        To review and to make recommendations to the Board on matters related to student financial aid.

 

(g)       To act for the Board in approving amounts of supplemental educational grant (SEG) awards.

 

(h)       The Chairperson will be a member of the Northern Marianas College Foundation and Auxiliary Services Board.

 

(i)        To review and work with the President on proposed legislation and public policy initiated by the College, to provide guidance to the President, and to make appropriate recommendations to the Board.

 

(j)        To take the lead in working with the Commonwealth Legislature to ensure that appropriate legislation is enacted for the College.

 

Modified, 1 CMC § 3806(f).

 

History: Adopted 26 Com. Reg. 22350 (Apr. 23, 2004); Proposed 25 Com. Reg. 21369 (Sept. 18, 2003).

 

§ 95-10-110    Personnel Committee Responsibilities

 

The Personnel Committee shall have the following responsibilities:

 

(a)       To review periodically the College’s classification plan and work with the President on an appropriate plan for faculty and staff.

 

(b)       To monitor the implementation of equal employment opportunity and affirmative action by the College.

 

(c)       To ensure that personnel policies are reviewed and updated periodically.

 

(d)       To sit on the interviewing committee for Vice Presidents and Provost.

 

(e)       To review and make recommendations to the Board on matters concerning College personnel.

 

(f)        To sit on the employee grievance/appeals committee.

 

Modified, 1 CMC § 3806(f).

 

History: Adopted 26 Com. Reg. 22350 (Apr. 23, 2004); Proposed 25 Com. Reg. 21369 (Sept. 18, 2003).

 

§ 95-10-115    Program Committee Responsibilities

 

The Program Committee shall have the following responsibilities:

 

(a)       To review and to make recommendations to the Board on matters concerned with the issuing of diplomas, certificates, and other documents indicating successful completion of study established with the College.

 

(b)       To review and to make recommendations on proposals submitted by the President for the Board’s approval of new programs leading to the award by the College of a new certificate or degree.

 

(c)       To review and to make recommendations on matters presented to the Board by the President concerning requirements for degree and certificate programs.

 

History: Adopted 26 Com. Reg. 22350 (Apr. 23, 2004); Proposed 25 Com. Reg. 21369 (Sept. 18, 2003).

 

§ 95-10-120    Temporary Committees of the Board

 

(a)       The Chair of the Board shall appoint such temporary and special committees, as may be deemed necessary or advisable by the Board and may be a member of any such committee.

 

(b)       The duties of each such committee shall be outlined at the time of appointment, and the committee shall be considered dissolved when the duties assigned have been discharged.

 

(c)       At his/her request the President or designee shall be a member of any temporary committee, which includes staff and/or lay persons.

 

History: Adopted 26 Com. Reg. 22350 (Apr. 23, 2004); Proposed 25 Com. Reg. 21369 (Sept. 18, 2003).

 

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

 

§ 95-10-125    Other Advisory Committees

 

The Board may appoint any of its members to serve on advisory committees or as representatives to other public agencies or organizations when the Board deems such appointments desirable, contingent on acceptance of the appointment by the member.

 

History: Adopted 26 Com. Reg. 22350 (Apr. 23, 2004); Proposed 25 Com. Reg. 21369 (Sept. 18, 2003).

 

Part 200 -       Duties of the President and Legal Counsel

 

§ 95-10-201    Duties of the President

 

(a)       The President is the chief executive officer of the Northern Marianas College, and in this capacity is charged with full administrative responsibility for the College. The Board of Regents judiciously recognizes and supports the President as the major line of communication between the Board and the internal and external College community. In this capacity as the Board’s liaison, the President informs the Board of such communications, and is guided by the policies, general directions, and financial guidelines established by the Board.

 

(b)       The President’s fundamental responsibility is to develop and maintain an institution that fulfills the mission and achieves the goals of the Northern Marianas College in accordance with the mission statement set forth in article XV, section 2 of the CNMI Constitution and in accordance with the Post-secondary Education Act of 1984, as amended. This implies a commitment to the philosophy of a comprehensive community college and an understanding that the President’s energies must be directed towards the realization of such.

 

(c)       The President is an educational leader of the Commonwealth, and as such represents the College in the community. The President recommends policies to the Board, and is authorized by the Board to exercise broad discretionary powers according to the policies, goals, and general directions established by the Board for the College.

 

(d)       The President’s specific duties and responsibilities include the following:

(1)       Being responsible for the organization and administration of the College and for the coordination of its entire instructional program;

(2)       Providing direction and leadership in the development and implementation of a research, planning, and evaluation system to assure institutional effectiveness and that the results of such activity will be used for institutional improvement and the establishment of priorities;

(3)       Ensuring that various entities of the College have a substantive and clearly-defined role in institutional governance;

(4)       Overseeing institutional adherence to the standards of the Accrediting Commission so as to assure continuing accreditation of the College;

(5)       Recommending to the Board new and revised policies and establishing administrative procedures for

(i)        Board operations

(ii)       Finance and procurement

(iii)      Educational programs

(iv)      Human resources

(v)       Student services

(vi)      Administrative services.

(6)       Developing an effective program of staff evaluation and improvement;

(7)       Preparing a budget in line with the needs of the College, and approving expenditure of funds appropriated to the College by the federal or Commonwealth government or donated to the College by any other entity;

(8)       Guiding capital improvement activities and ensuring safe and adequate facilities and grounds in order to maintain a quality learning environment;

(9)       Representing the College to the community and maintaining an adequate public information service;

(10)     Maintaining open and adequate channels of communication with the internal and external College community;

(11)     Entering into contracts, cooperative agreements, and such other transactions as may be helpful to conduct the business of the College;

(12)     Appointing, reassigning and terminating staff and faculty consistent with applicable human resources rules and regulations;

(13)     Accepting gifts, grants, donations, bequests, or other contributions on behalf of the Board and depositing the same in a College Trust Fund for the exclusive use and expenditure of the College, as approved by the Board;

(14)     Formulating reports required by local and federal agencies;

(15)     Approving regulations and activities of groups and organizations functioning within the College; and

(16)     Subject to prior review and approval of the Board, establishing departments and other divisions of the College, approving their programs and courses of studies, and disestablishing the same as the President may deem most appropriate to carry out the policies, goals, and general directions established by the Board for the College.

 

Modified, 1 CMC § 3806(f), (g).

 

History: Adopted 26 Com. Reg. 22350 (Apr. 23, 2004); Proposed 25 Com. Reg. 21369 (Sept. 18, 2003).

 

Commission Comment: In subsection (d)(5)(vi), the Commission inserted the final period. In subsection (d)(15), the Commission changed “organization” to “organizations” to correct a manifest error.

 

§ 95-10-205    Duties of the Legal Counsel

 

(a)       Scope of Work. The Legal Counsel shall serve as the legal interpreter of Post-secondary Education Acts, and shall provide legal services to the College as follows:

(1)       Render legal opinions and consultation to the Board of Regents, the President, or other officials of the College designated by the President.

(2)       Draft legal document or interpret existing legal documents requested by the Board or officials of the College designated by the President.

(3)       Advise and represent the College in any legal dispute or litigation in which it is or could be involved.

(4)       Serve as a legal counsel in the development, interpretation, and implementation of policy and procedures.

(5)       Serve as a legal counsel on all contractual relationships involving the College or its personnel.

(6)       Provide legal advice on personnel matters to ensure compliance with all applicable CNMI and federal laws.

(7)       Attend the Board of Regents meetings and other meetings involving the College in which his/her presence is requested by the President.

(8)       Serve as a legal counsel and advisor to the Board of Regents and President regarding court cases or any other legal proceedings or actions which could or might have an impact on College personnel or College operation.

 

(b)       Qualification and Experience. The attorney shall be admitted to practice law in the CNMI courts and is: a member and is in good standing with the CNMI Bar; of an active status with the CNMI Bar; has an office in Saipan, and has some experience and familiarity with higher education laws and practices.

 

History: Adopted 26 Com. Reg. 22350 (Apr. 23, 2004); Proposed 25 Com. Reg. 21369 (Sept. 18, 2003).

 

Part 300 -       Charter of Northern Marianas College Foundation

 

§ 95-10-301    Charter of Northern Marianas College Foundation

 

The Northern Marianas College shall establish a nonprofit charter of incorporation in accordance with the provisions of 4 CMC § 4103 of the corporate laws and oversee its activities. The name of the corporation shall be the Northern Marianas College Foundation. The purposes of the corporation shall be as stated in 3 CMC § 1316(i).

 

History: Adopted 26 Com. Reg. 22350 (Apr. 23, 2004); Proposed 25 Com. Reg. 21369 (Sept. 18, 2003).

 

Part 400 -       Policies, Bylaws and Administrative Procedures

 

§ 95-10-401    Formulation, Adoption, Amendment of Policies and Bylaws

 

(a)       Policy proposals and suggested amendments to or revisions of existing policies shall normally be submitted to all members of the Board by the President in writing prior to a regularly scheduled Board meeting in which such proposed policies, amendments, or revisions thereof shall be read and discussed.

 

(b)       The formal adoption of policies shall be by majority vote of all members present at which a quorum is present of the Board and the action shall be recorded in the minutes of the Board. Only those written statements so adopted and so recorded shall be regarded as official policy.

 

History: Adopted 26 Com. Reg. 22350 (Apr. 23, 2004); Proposed 25 Com. Reg. 21369 (Sept. 18, 2003).

 

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

 

§ 95-10-405    Formulation, Approval, Amendment of Administrative Procedures

 

(a)       The Board does not adopt administrative procedures unless specifically required to do so by law, or unless requested to do so by the President. Adoption and amendment of such Board adopted procedures shall be by the same procedure as that specified for policies.

 

(b)       The Board reserves the right to review and direct revisions of administrative procedures should they, in the Board’s judgment, be inconsistent with the policies adopted by the Board.

 

History: Adopted 26 Com. Reg. 22350 (Apr. 23, 2004); Proposed 25 Com. Reg. 21369 (Sept. 18, 2003).

 

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

 

§ 95-10-410    Suspension of Policies, By-laws and Procedures

 

(a)       By a majority vote of all members present at which a quorum is present, the Board may suspend policies, by-laws and Board-adopted procedures for a specified purpose and for a limited time, provided that such proposed suspensions have been described in writing in the announcement for the Board meeting when such action is to be taken. The Board may not suspend policies mandated by law.

 

(b)       The President is authorized to suspend any policy, by-law or Board-adopted procedure when advised by competent legal authority that such policy, by-law or procedure is wholly or in part in conflict with laws or procedures of a superior governing body. The President may choose to suspend only that part of a policy, procedure or by-law that is in conflict. Any such suspension shall be valid only until the Board’s next regular or special meeting, when the President shall report the suspension, present the justification for the suspension, and request that the Board act to suspend the policy, by-law or procedure for a specified purpose and for a limited time.

 

(c)       The President is directed to present to the Board, for first consideration, a revised policy, procedure or by-law which is in accordance with the laws and regulations of the Commonwealth and federal government, except that the President may recommend instead that the Board rescind the policy, procedure or by-law. The revision or recommendation for elimination shall be presented at the time the suspension is requested whenever possible.

 

Modified, 1 CMC § 3806(f).

 

History: Adopted 26 Com. Reg. 22350 (Apr. 23, 2004); Proposed 25 Com. Reg. 21369 (Sept. 18, 2003).

 

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

 

Part 500 -       Meetings

 

§ 95-10-501    Regular Meetings

 

The Board shall hold one regular meeting each quarter. Date, time, and place of these meetings shall be established at the annual organizational meeting. A public notification of all regular meetings of the Board shall be made 72 hours in advance of the meetings and shall be published in a newspaper of general circulation where possible in accordance with the provisions of 1 CMC § 9910 of the Commonwealth’s Open Government Act.

 

History: Adopted 26 Com. Reg. 22350 (Apr. 23, 2004); Proposed 25 Com. Reg. 21369 (Sept. 18, 2003).

 

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

 

§ 95-10-505    Special Meetings (Non-emergency)

 

(a)       The presiding officer or a majority of the members of the Board may call special meetings of the Board.

 

(b)       All members of the Board and the President shall be notified of the special meeting and the purpose or purposes for which it is called by written notice delivered to them at least 24 hours in advance of the meeting. A public notification of all special meetings of the Board shall be made 24 hours in advance of the meeting.

 

(c)       Newspapers of general circulation in the Commonwealth, radio stations and television stations, who have requested notice of special meetings shall be notified by mail, fax, email, or personally at least 24 hours before the time of the meeting specified in the notice.

 

(d)       An agenda shall be prepared as specified for regular Board meetings and shall be delivered with the notice of the special meeting to Board members, together with supporting documents, if any. The agenda shall be posted according to law. The agenda for the special meeting may be mailed with the notice to news media and the business to be transacted shall be stated in the notice.

 

(e)       Only those items of business listed in the call for the special meeting shall be considered at that special meeting.

 

History: Adopted 26 Com. Reg. 22350 (Apr. 23, 2004); Proposed 25 Com. Reg. 21369 (Sept. 18, 2003).

 

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

 

§ 95-10-510    Special Meetings (Emergency)

 

(a)       In the case of an emergency situation involving matters upon which prompt action is necessary due to the disruption or threatened disruption of public facilities, the Board may hold a special meeting without complying with the 24-hour notice requirement. An emergency situation means any of the following:

(1)       A work stoppage or other activity which severely impairs public health, safety, or both, as determined by a majority of the members of the Board.

(2)       A crippling disaster which severely impairs public health, safety, or both, as determined by a majority of the members of the Board.

(3)       Each local newspaper of general circulation and radio or television station which has requested notice of meetings shall be notified by the Chair of the Board or the Chair’s designee, one hour prior to the special meeting. In the event that telephone services are not functioning, the notice requirement of one hour is waived, but the Board or its designee shall notify such newspapers, radio stations, or televisions stations of the fact of the holding of the meeting, and of any action taken by the Board, as soon after the meeting as possible.

(b)       No closed session may be held during an emergency special meeting, and all other rules governing special meetings shall be observed with the exception of the 24-hour notice. The minutes of the meeting, a list of persons the President or designee notified or attempted to notify, a copy of the roll call vote, and any actions taken at such meeting shall be posted for a minimum of 10 days in a public place as soon after the meeting as possible.

 

Modified, 1 CMC § 3806(f), (g).

 

History: Adopted 26 Com. Reg. 22350 (Apr. 23, 2004); Proposed 25 Com. Reg. 21369 (Sept. 18, 2003).

 

Commission Comment: The original paragraphs were not designated. The Commission designated subsections (a) and (b). In subsection (a)(3), the Commission changed “as” to “has” to correct a manifest error.

 

§ 95-10-515    Adjourned Meetings

 

A majority vote by the Board may terminate any meeting at any place in the agenda to any time and place specified in the order of adjournment, except that if no members are present at any regular or adjourned regular meeting, the Secretary or Secretary’s designee may declare the meeting adjourned to a stated time and place, and he/she shall cause a written notice of the adjournment to be given in the same manner as was the notice of the calling of the meeting. A copy of the order or notice of adjournment shall be conspicuously posted on or near the door of the place where the regular, adjourned regular, special or adjourned special meeting was held within 24 hours after the time of adjournment.

 

History: Adopted 26 Com. Reg. 22350 (Apr. 23, 2004); Proposed 25 Com. Reg. 21369 (Sept. 18, 2003).

 

§ 95-10-520    Annual Organizational Meeting

 

The Board will hold an annual organizational meeting on the last Thursday in the month of June.

 

History: Adopted 26 Com. Reg. 22350 (Apr. 23, 2004); Proposed 25 Com. Reg. 21369 (Sept. 18, 2003).

 

§ 95-10-525    Time, Place, Notification for Meetings

 

At the annual organizational meeting or as shortly thereafter as possible the Board will adopt a calendar of regular meetings which shall, in accordance with law, specify the time, place, and date of each regular meeting scheduled before the next organizational meeting.

 

History: Adopted 26 Com. Reg. 22350 (Apr. 23, 2004); Proposed 25 Com. Reg. 21369 (Sept. 18, 2003).

 

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

 

§ 95-10-530    Public and Closed Sessions

 

(a)       Public Meetings

All meetings of the Board of Regents, both open and closed, shall meet in conformance with the applicable provisions of the Commonwealth’s Open Government Act, 1 CMC §§ 9901, et seq.

 

(b)       Closed Sessions

All closed session meetings of the Board of Regents must comply with all applicable open meeting laws.

 

Modified, 1 CMC § 3806(f).

 

History: Adopted 26 Com. Reg. 22350 (Apr. 23, 2004); Proposed 25 Com. Reg. 21369 (Sept. 18, 2003).

 

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

 

§ 95-10-535    Construction of Agenda

 

(a)       The President, as Secretary to the Board and in cooperation with the Chair of the Board, shall prepare an agenda for each meeting of the Board. Any Board member may call the Secretary and request an item to be placed on the agenda.

 

(b)       Any member of the public may request that a matter directly related to College business be placed on the agenda of a regularly scheduled meeting of the Board, subject to the following conditions:

(1)       The request must be in writing and be submitted to the President together with supporting documents and information, if any, at least seven school days prior to the legally required public posting of the agenda.

(2)       The President shall be the sole judge of whether the request is or is not a “matter directly related to college business.”

(3)       No subject which is legally a proper subject for consideration in closed session will be accepted under this provision.

(4)       The Board may place limitations on the total time to be devoted to the matter at any meeting, and may limit the time allowed for any one person to speak on the matter at the meeting.

 

(c)       This provision does not prevent the Board from taking testimony at regular meetings on matters which are not on the agenda which a member of the public may wish to bring before the Board, but the Board may not take action on such matters at that meeting.

 

(d)       Posting of Agenda

At least 72 hours prior to the time of all regular meetings, an agenda, which includes but is not limited to all matters on which action may be taken, shall be posted. The agenda for a special meeting shall be posted at least 24 hours before the meeting and published in a newspaper of general circulation where possible in accordance with the applicable provisions of 1 CMC § 9910.

 

History: Adopted 26 Com. Reg. 22350 (Apr. 23, 2004); Proposed 25 Com. Reg. 21369 (Sept. 18, 2003).

 

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

 

§ 95-10-540    Advance Delivery of Meeting Materials

 

(a)       A copy of the agenda for any regular meeting of the Board shall be forwarded to each Board member not less than 72 hours prior to the meeting, along with minutes to be approved, copies of communications, reports from committees, staff, citizens and others, and such other documents and exhibits which are available and pertinent to the meeting.

 

(b)       Board members shall become familiar with the agenda and support materials prior to the meeting, and shall obtain any additional information that may be necessary to make well-informed decisions.

 

(c)       The President and the Chair of the Board are directed to make every effort to get support materials and the agendas for special meetings to the Board members at the earliest possible time after the meetings are called, and except in emergency situations as permitted by law or as defined herein, at least 24 hours prior to the time the meetings are called.

 

History: Adopted 26 Com. Reg. 22350 (Apr. 23, 2004); Proposed 25 Com. Reg. 21369 (Sept. 18, 2003).

 

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

 

§ 95-10-545    Meeting Conduct

 

(a)       Meetings of the Board of Regents shall be conducted by the Board Chair in a manner consistent with the adopted bylaws of the Board and the latest edition of Robert’s Rules of Order.

 

(b)       All Board meetings shall commence as close to the stated time as practical and shall be guided by an agenda that has been prepared and delivered in advance to all Board members and other designated persons.

 

(c)       The conduct of meetings shall, to the fullest possible extent, enable members of the Board to:

(1)       Consider problems to be solved, weigh evidence related thereto, and make wise decisions intended to solve the problems, and

(2)       Receive, consider and take any needed action with respect to reports of accomplishment both as to students and as to the College’s operations.

 

(d)       Provisions for permitting any individual or group to address the Board concerning any item on the agenda of a special meeting, or to address the Board at a regular meeting on any subject that lies within the jurisdiction of the Board, and shall be as follows:

(1)       Five minutes may be allotted to each speaker and a maximum of 20 minutes to each subject matter.

(2)       No boisterous conduct shall be permitted at any Board meeting. Persistence in boisterous conduct shall be grounds for summary termination, by the chair, of that person’s privilege of address.

(3)       No oral presentation shall include charges or complaints against any employee of the College, regardless of whether or not the employee is identified in the presentation by name or by another reference that tends to identify. All charges or complaints against employees shall be submitted to the Board under provisions of Board policy.

 

Modified, 1 CMC § 3806(f).

 

History: Adopted 26 Com. Reg. 22350 (Apr. 23, 2004); Proposed 25 Com. Reg. 21369 (Sept. 18, 2003).

 

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

 

§ 95-10-550    Quorum

 

The presence of four members at a duly called meeting shall constitute a quorum for the purpose of conducting official business of the Board in accordance with the provisions of 3 CMC § 1315(b).

 

History: Adopted 26 Com. Reg. 22350 (Apr. 23, 2004); Proposed 25 Com. Reg. 21369 (Sept. 18, 2003).

 

§ 95-10-555    Minutes and Recording Devices

 

(a)       Minutes

The Secretary of the Board shall keep minutes of all regular and special meetings of the Board. The minutes shall constitute a record of official Board actions. Copies of the minutes shall be made for distribution to the Board members with the agenda for the next regular meeting. The Secretary may also keep a minute book for each closed session of the Board apart from the minutes of the regular and special meetings, and the minute book is declared to be not a public record. The official minutes of the regular and special meetings, the minute book for closed sessions if any, and the master copy of the policy manual shall be kept in a secure manner.

 

(b)       Recording Devices

A video or audio recording of public meetings of the Board, including closed sessions, may be made at the request of the Secretary or any member of the Board when such request is approved by a majority of the whole Board at which a quorum is present. The recording device shall be placed in plain view of the persons present, so far as possible. Recordings made during regular or special meetings of the Board are deemed public records. Recordings will be kept for a minimum of one year.

 

Modified, 1 CMC § 3806(f).

 

History: Adopted 26 Com. Reg. 22350 (Apr. 23, 2004); Proposed 25 Com. Reg. 21369 (Sept. 18, 2003).

 

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

 

§ 95-10-560    Recording of Votes

 

Motions shall be recorded as having passed or failed and individual votes will not be recorded when the action is unanimous. Resolutions shall be recorded by roll call vote and be so recorded. All resolutions shall be numbered for each fiscal year beginning October 1.

 

History: Adopted 26 Com. Reg. 22350 (Apr. 23, 2004); Proposed 25 Com. Reg. 21369 (Sept. 18, 2003).

 

Part 600 -       Review and Evaluation

 

§ 95-10-601    Periodic Review and Evaluation

 

The Board believes that in order for it to know how well the College is progressing toward its goals and objectives it needs regular and comprehensive information. The President is directed to develop procedures for gathering and presenting data needed by the Board. The Board’s appraisal and evaluation activities shall include but are not limited to the following:

 

(a)       Evaluation

(1)       Periodic review of the Board’s operation and performance.

(2)       Review of continuing financial operations through receipt and study of periodic financial and audit reports.

(3)       Study of regular reports and presentations on College operations with particular emphasis on aspects of the instructional program.

(4)       Assessment of the effectiveness of the College’s instructional programs in relation to the College’s instructional goals.

(5)       Appraisal of performance of personnel in relation to established performance criteria.

(6)       Annual appraisal of the performance of the President.

 

(b)       Continuing review of the College’s policies, regulations and bylaws to ensure accurate reflection of the concerns of the community for the educational system, and to encourage soundly based improvement in the College programs and services.

 

History: Adopted 26 Com. Reg. 22350 (Apr. 23, 2004); Proposed 25 Com. Reg. 21369 (Sept. 18, 2003).

 

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

 

§ 95-10-605    Periodic Review and Evaluation of the President

 

(a)       The Board of Regents will appraise the performance of the President of the College annually. While the responsibility for this annual appraisal lies solely with the Board, they will, on occasion, choose to invite input by the leadership of the major constituent groups of the College. Input from the general College community may also be invited on a periodic basis. The following shall serve as an outline of the basic framework and time line for the annual appraisal process.

(1)       Goals for the ensuing year are developed by the President in consultation with the Board and are a direct result of Board and President suggestions.

(2)       By July 15 of each year the President’s goals are finalized by the Board.

(3)       In April/May of years in which broad input is requested the Board will arrange individual meetings with constituent group leadership (faculty, staff, students, and community)    to invite written input as to the completion of that year’s goals and objectives, as well as to receive suggestions for subsequent year’s goals and objectives.

(4)       In May/June of each year the President shall prepare a written self-evaluation on the status of that year’s goals and objectives. Included with this report are suggested future goals.

 

(b)       In June of each year the Board and the President will meet in closed session to review the self-evaluation and to share a synopsis of the information gathered from the College community. The Board will prepare a written “Statement of Evaluation for the year 20__ -20__” for inclusion in the President’s personnel file as soon after this closed session as practical. At the June closed session the Board will also finalize the next year’s goals and objectives, and take action on any modifications to the President’s contract. Action by the Board will follow all appropriate Commonwealth’s Open Government Act.

 

Modified, 1 CMC § 3806(f).

 

History: Adopted 26 Com. Reg. 22350 (Apr. 23, 2004); Proposed 25 Com. Reg. 21369 (Sept. 18, 2003).

 

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

 

Part 700 -       Board Action on Issues Not Directly Affecting the College

 

§ 95-10-701    Board Action on Issues Not Directly Affecting the College

 

(a)       Except in those cases resulting from specific action by the Board to consider a matter, positions shall be taken only on matters directly affecting the operation of the College.

 

(b)       A vote of the Board shall be taken and recorded in the minutes.

 

History: Adopted 26 Com. Reg. 22350 (Apr. 23, 2004); Proposed 25 Com. Reg. 21369 (Sept. 18, 2003).

 

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

 

Part 800 -       Code of Ethics of the Board

 

§ 95-10-801    Introduction

 

Members of the Northern Marianas College Board of Regents will perform duties in accordance with their oath of office. Board members shall commit to serving the educational needs of the citizens of the Commonwealth. Their primary responsibility is to provide learning opportunities to each student regardless of sex, race, color, religion, ancestry, age, marital status, national origin, or handicap.

 

History: Adopted 26 Com. Reg. 22350 (Apr. 23, 2004); Proposed 25 Com. Reg. 21369 (Sept. 18, 2003).

 

Commission Comment: The Commission created the section title.

 

§ 95-10-805    Responsibilities

 

It is the responsibility of each Board member to:

 

(a)       Be part of a team which seeks to meet student needs, extend their opportunities and enhance the quality of education they are offered; foster faculty and staff excellence; support the principles of academic freedom; and, serve as a steward of the resources and facilities available to the Northern Marianas College.

 

(b)       Work with fellow Board members in a spirit of harmony and cooperation in spite of differences of opinion that may arise during vigorous debates of points at issue.

 

(c)       Base personal decisions upon all available facts in each situation, vote with honest conviction in every case unswayed by partisan bias, and abide by and uphold the final majority decision of the Board.

 

(d)       Remember at all times that as an individual a Board member has no legal authority outside the meetings of the Board, and shall conduct relationships with college staff, students, the local citizenry, and the media on that basis.

 

(e)       Be aware that Board members are responsible to all citizens of the Commonwealth, and not solely to those from their area of residence. The authority delegated to Board members must be exercised with as much care and concern for the least influential as the most influential member of the community.

 

(f)        Resist every temptation and outside pressure to use their position as a community college board member to benefit either themselves or any other individual or agency apart from the total welfare of the Northern Marianas College.

 

(g)       Recognize that it is as important for the Board to understand and evaluate the educational program of Northern Marianas College as it is to plan for the business of college operation. Bear in mind under all circumstances that the Board is legally responsible for the effective operation of the College. Its primary function is to establish the policies by which the Northern Marianas College is to be administered. The Board shall hold the President and his/her staff accountable for the administration of the educational program and the conduct of College business.

 

(h)       Welcome and encourage the active involvement of students, faculty, staff, and citizens of the College with respect to establishing policy on current college operation and proposed future developments. Board members shall consider the viewpoints of these groups in their deliberations and decision, and recognize that deliberations of the Board in closed session are not to be released or discussed in public without the prior approval of the Board by majority vote, at which a quorum is present.

 

(i)        Be ready to maintain and enhance individual professional effectiveness and confidence through continuing education to improve skills and acquire new knowledge related to professional trusteeship.

 

(j)        Be informed and aware of local and national issues that impact community colleges.

 

(k)       Strive to provide the most effective community college board service of which they are capable and to sustain a spirit of teamwork and devotion to public education as the greatest instrument for the preservation and perpetuation of our representative democracy.

 

(l)        Disclose to fellow Regents any and all relationships that may be perceived by constituent groups as influencing judgment pertaining to any issue before the Board. Reportable relationships shall include but not limited to blood relationships, current or former professional associations, and personal friendships.

 

Modified, 1 CMC § 3806(f).

 

History: Adopted 26 Com. Reg. 22350 (Apr. 23, 2004); Proposed 25 Com. Reg. 21369 (Sept. 18, 2003).

 

§ 95-10-810    Censure

 

All Board members are expected to maintain the highest standards of conduct and ethical behavior. To give guidance to individual members in conforming their conduct to minimum standards, the Board has adopted this policy. In order to maintain public confidence in the Board, and in governance, the Board will be prepared to investigate the factual basis behind any charge or complaint of Regent misconduct. In the instance a member of the Board of Regents fails to maintain the highest standards of ethical and professional conduct, he/she may be censured by the full Board.

 

(a)       Censure is an official expression of disapproval passed by the Board of Regents. A Board member may be subject to a resolution of censure by the Board of Regents should it be determined that Regent misconduct has occurred.

 

(b)       A complaint of regent misconduct will be referred to the Board Chair. He/she will appoint an ad hoc committee composed of three Regents not associated with the complaint to conduct an investigation and review of the matter. In the event the complaint involves the Board chair, another officer of the Board shall form the ad hoc committee. A thorough fact finding process, formulated in a manner deemed appropriate by the committee shall be initiated. The committee shall be guided in its inquiry by the standards set forth in this policy and in adopted procedures and shall complete their inquiries within a reasonable period of time. The Regent subject to the charge of misconduct shall not be precluded from presenting information to the committee.

 

(c)       The committee shall, within a reasonable period of time, make a report of its findings to the Board of Regents for action.

 

Modified, 1 CMC § 3806(f).

 

History: Adopted 26 Com. Reg. 22350 (Apr. 23, 2004); Proposed 25 Com. Reg. 21369 (Sept. 18, 2003).

 

Commission Comment: The final paragraph was not designated. The Commission designated subsection (c).

 

Part 900 -       Other Board of Regents Requirements

 

§ 95-10-901    Attendance at Meetings, Institutions, Conventions

 

(a)       Attendance at meetings directly or indirectly related to education or school matters shall be encouraged for the values they have to the College and the professional growth of Board members.

 

(b)       The President shall be notified of all such meetings to be attended by the Board.

 

(c)       Members of the Board may be reimbursed for all legal expenses incurred in attending any meetings or in making any trips on official business of the College when so authorized in advance by the Board.

 

History: Adopted 26 Com. Reg. 22350 (Apr. 23, 2004); Proposed 25 Com. Reg. 21369 (Sept. 18, 2003).

 

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

 

§ 95-10-905    Board Member Liability Protection

 

The Board of Regents shall provide liability insurance necessary to protect its corporate body, its members, its officers, and its employees from any judgment as a result of suits alleging their liability while performing their duties within the scope of their employment and/or under the direction of the Board.

 

History: Adopted 26 Com. Reg. 22350 (Apr. 23, 2004); Proposed 25 Com. Reg. 21369 (Sept. 18, 2003).

 

§ 95-10-910    Conflict of Interest Code

 

(a)       The Northern Marianas College shall adopt a conflict of interest code which shall apply to all governing Board members and designated employees of the Northern Marianas College.

 

(b)       Disclosure Statement - Filing

The Board of Regents shall file annual* statement of financial interest in accordance with the applicable provisions of the Commonwealth Government Ethics Code Act of 1992, as amended.

 

* So in original.

 

Modified, 1 CMC § 3806(f).

 

History: Adopted 26 Com. Reg. 22350 (Apr. 23, 2004); Proposed 25 Com. Reg. 21369 (Sept. 18, 2003).

 

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

 

§ 95-10-915    Removal from Office

 

A member of the Board may be removed before expiration of his or her term by a vote of three-fourths of the Board members serving.

 

(a)       Incompetence, Neglect of Duty, or Malfeasance

A member of the Board may be removed before expiration of his or her term for incompetence, neglect of duty, or malfeasance.

 

(b)       Physical or Mental Incapability

If an adjudication pursuant to a quo warranto proceeding declares the incumbent is incapacitated due to disease, illness or accident and that there is reasonable cause to believe that he/she will not be able to perform the duties of his/her office for the remainder of his/her term, he/she shall be removed from office.

 

(c)       Loss of Residency

An incumbent shall be removed from his/her office if he/she ceases to be an inhabitant of the Commonwealth and area that he/she represents.

 

(d)       Failure to Attend Meetings

An incumbent is automatically removed from his/her office when he/she fails to discharge the duties of his/her office, by accumulating, three consecutive absences except when excused by the members present because of sickness, death in the immediate family, or on official off-island College business.

 

(e)       Conviction of a Felony, Etc.

An incumbent shall be removed from office when convicted of a felony or any offense involving a violation of his/her official duties.

 

(f)        Commitment to a Hospital or Sanitarium

An incumbent shall be removed from office if ordered for commitment as a drug addict, dipsomaniac, or inebriate, when such order of commitment by a court of competent jurisdiction becomes final.

 

(g)       Failure to Perform Oath of Office

An incumbent shall be removed from office when he/she fails to perform his/her duties and responsibilities in accordance with the Code of Ethics of the Board.

 

Modified, 1 CMC § 3806(f).

 

History: Adopted 26 Com. Reg. 22350 (Apr. 23, 2004); Proposed 25 Com. Reg. 21369 (Sept. 18, 2003).

 

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

 

Part 1000 -     Evaluation

 

§ 95-10-1001  Board of Regents Self Evaluation

 

The Board of Regents is the legal owner and final authority for Northern Marianas College, whose assets and operations it holds in trust. The Board of Regents shall ensure that the College is well oriented and managed. As such, the Board shall assess its own performance regularly. This self assessment will assist the Board in identifying which of its functions are being addressed satisfactorily and which may need improvement.

 

History: Adopted 26 Com. Reg. 22350 (Apr. 23, 2004); Proposed 25 Com. Reg. 21369 (Sept. 18, 2003).

 

§ 95-10-1005  Administrative Procedure

 

(a)       The Board of Regents will annually devote time for self-evaluation. The self-evaluation will help in identifying specific issues, such as the Board’s rules and responsibilities, which can help build better communication and understanding among Board members. It will also help in appreciating each others’ values and strengths that will lead to a stronger, more cohesive working team.

 

(b)       Evaluation Participants. All Board members will complete evaluation instruments and be involved in the evaluation discussions. Board members may consider comments from College officials who sit at the Board table or who attend meetings regularly as part of their leadership or management roles.

 

(c)       Evaluation Session. The Board shall decide whether the evaluation session will take place at a regular business meeting, workshop, or retreat.

 

(d)       Evaluation Outcomes. A comprehensive statement summarizing the discussion and incorporating proposals for the future will be very helpful in guiding the Board’s future performance and planning.

 

(e)       Board Self Appraisal. (The response to each category is 1 to 5, lowest to highest, with required substantive comment for each item.)

(1)       Relationship with the President

(i)        Establishes written policies for the guidance of the President in the operation of the College.

(ii)       Provides the President with a clear statement of the expectation of performance and personal qualities against which she or he will be periodically measured.

(iii)      Reaches decisions only on the basis of study of all available background data and consideration of the recommendation of the President.

(iv)      Provides a climate of mutual respect and trust offering commendation whenever earned, and constructive criticism when necessary.

(v)       Takes the initiative in maintaining a professional salary for the President comparable with salaries paid for similar responsibility in and out of the profession.

(2)       Relationship to the Instructional Program

(i)        Weighs all decisions in terms of what is best for the students.

(ii)       Understands the instructional program and the general restrictions imposed on it by law and other agencies.

(iii)      Realistically faces the ability of the state and community to support quality education for its citizens.

(iv)      Resists the efforts of special-interest groups to influence the instructional program if the effect would be detrimental to the students.

(v)       Encourages the participation of the professional staff, and in certain instances the public, in the development of curricula.

(vi)      Provides a policy outlining the College’s educational objectives against which the instructional program can be evaluated.

(vii)     Keeps abreast of new developments in course content and teaching techniques through attendance and participation in board association conferences and meetings of other educational groups and by reading of selected books and periodicals.

(3)       Staff and Personnel Relationships

(i)        Develops sound personnel policies, involving the faculty and staff when appropriate.

(ii)       Authorizes the employment or dismissal of staff members only upon the recommendation of the President.

(iii)      Makes provision for the complaints of employees to be heard, and after full study, if staff dissatisfaction is found to exist, takes action to correct the situation through appropriate administrative channels.

(iv)      Is receptive to suggestions for improvement of the College originating with the staff and approved by the President.

(v)       Encourages professional growth and increased competency through:

(A)      Attendance at educational meetings

(B)       Training on the job

(C)       Salary increments which recognize training and experience beyond minimum qualifications for a given position.

(vi)      Makes the staff aware of the esteem in which it is held.

(vii)     Provides a written policy protecting the academic freedom of faculty.

(4)       Relationship to the Financial Management of the School

(i)        Balances the income and expenditures of the College with the quality of education that should be provided and the ability of the community to support such a program.

(ii)       Takes the leadership in suggesting and securing community support for additional financing when necessary.

(iii)      Establishes written policies which will ensure efficient administration of purchasing, accounting, and other applicable procedures.

(iv)      Authorizes individual budgetary allotments and special non-budgeted expenditures only after considering the total needs of the College.

(v)       Makes provision for long-range planning for acquisition of sites, facilities, and maintenance.

(5)       Community Relationships

(i)        Encourages the public’s attendance at Board meetings.

(ii)       Actively fosters cooperation with various news media for the dissemination of information regarding the College.

(iii)      Ensures a continuous planned program of public information regarding the College.

(iv)      Participates actively in community affairs.

(v)       Channels all concerns, complaints, and criticisms of the College through the President for study and reports back to the Board if action is required.

(vi)      Protects the President from unjust criticism and the efforts of vocal special-interest groups.

(vii)     Reflects Board policy in individual answers to public questions and in public statements.

(viii)    Encourages citizen participation in an advisory capacity in the solution of specific problems.

(ix)      Is aware of community attitudes and special interest groups which seek to influence the College’s program.

 

(f)        See also Board Operations Administrative Procedure - appendix A (Board of Regent self appraisal), appendix B (EEO evaluation checklist), & appendix E (EEO evaluation).

 

Modified, 1 CMC § 3806(f), (g).

 

History: Adopted 26 Com. Reg. 22350 (Apr. 23, 2004); Proposed 25 Com. Reg. 21369 (Sept. 18, 2003).

 

Commission Comment: The final paragraph was not designated. The Commission designated subsection (f). In subsection (f), the Commission inserted the final period. The Commission inserted commas after the words “accounting” in subsection (e)(4)(iii) and “complaints” in subsection (e)(5)(v) pursuant to 1 CMC § 3806(g).

 

Part 1100 -     Institutional Effectiveness and Governance

 

§ 95-10-1101  Policy

Northern Marianas College shall establish and maintain a system to ensure institutional effectiveness and a high standard of quality in academic programming. To enable such effectiveness and quality, institutional research, planning, evaluation, and other activities shall be conducted in a collaborative manner with input from all appropriate sectors of the College and the community it serves on the islands of Saipan, Rota, and Tinian.

 

History: Adopted 26 Com. Reg. 22350 (Apr. 23, 2004); Proposed 25 Com. Reg. 21369 (Sept. 18, 2003).

 

§ 95-10-1105  Institutional Research

 

Institutional research activities shall be conducted to support the College’s institutional planning and assessment processes. The collection, processing, and reporting of pertinent information are the primary functions, of institutional research. Research efforts shall focus not only on internal information such as student and program data, but also on external matters such as trends in the community and other institutions of higher learning.

 

(a)       Institutional Planning

The College is committed to a planning system that addresses the current and long-range needs and challenges of the College community and the CNMI. The purpose of institutional planning at NME is to:

(1)       Define the mission, goals, and objectives for the College as a body and for the various units and activities of the institution;

(2)       Establish priorities for programs, services, and activities;

(3)       Identify the need for human, physical, and financial resources; and

(4)       Allow for activities to be carried out in a planned and organized manner.

 

(b)       The planning process shall encompass all aspects of the institution including instructional programs, student services, learning resources, and facilities.

 

History: Adopted 26 Com. Reg. 22350 (Apr. 23, 2004); Proposed 25 Com. Reg. 21369 (Sept. 18, 2003).

 

§ 95-10-1110  Institutional Evaluation

 

Evaluation is a means to assess institutional and program quality and effectiveness. Accordingly, the primary purpose of institutional assessment is to evaluate the functions and outcomes of institutional programs and services to determine if they meet established goals and objectives. Evaluation efforts at the College shall focus on instructional programs, student services, learning resources, and other areas deemed necessary to meet the needs of the institution and community.

 

History: Adopted 26 Com. Reg. 22350 (Apr. 23, 2004); Proposed 25 Com. Reg. 21369 (Sept. 18, 2003).

 

§ 95-10-1115  Administrative Procedure

 

The President shall ensure that an appropriate system is established to evaluate the effectiveness of the College in meeting the needs of its stakeholders. The system shall include a plan that specifies intended institutional outcomes, identifies the activities and processes for assessment, and manner of communication of assessment results to the College and CNMI community.

 

History: Adopted 26 Com. Reg. 22350 (Apr. 23, 2004); Proposed 25 Com. Reg. 21369 (Sept. 18, 2003).

 

§ 95-10-1120  Institutional Governance

 

(a)       The Northern Marianas College Board of Regents recognizes the major constituencies of the College, namely the administration, the faculty, the support staff, and the students, as participants in the governance of the institution. Each of these constituencies is to have a role in the formulation of the mission and goals of the institution and in the development of policies governing it.

 

(b)       Appropriate policy and accompanying administrative procedures shall be developed specifying the governance role of each of these four components of the College community in terms of policy formulation; decision-making and planning at multiple levels; and problem identification, analysis, and resolution.

 

History: Adopted 26 Com. Reg. 22350 (Apr. 23, 2004); Proposed 25 Com. Reg. 21369 (Sept. 18, 2003).

 

Part 1200 -     Miscellaneous Provisions

 

§ 95-10-1201  Citizen Participation in Board Meetings

 

(a)       Northern Marianas College was created by the citizens of the Commonwealth of the Northern Mariana Islands (CNMI) and receives advice and support from them. As their appointed representatives, it is desirable that the Board of Regents, as it deliberates and forms policy, be continually aware of the needs, interests, and concerns of the people of the CNMI and that all possible channels of communication be kept open for that purpose.

 

(b)       It is also essential, however, that the Board meetings be conducted in an orderly, efficient and business-like manner and in a way that is conducive to carrying on the business of the College.

 

(c)       To this end, it is the policy of this Board that the citizens of the CNMI may have the opportunity to be heard during, or at the close of, each regular Board meeting or to request a topic to be placed on a future agenda under the following plan:

(1)       A tentative agenda of topics to be discussed at each regular Board meeting shall be prepared one week in advance of said meeting and shall be available to the press and to other interested persons upon request through the President’s office.

(2)       If a CNMI citizen desires to have a specific topic placed on the agenda which he/she wishes to discuss before the Board, a written request should be filed with the President’s office at least ten days prior to the meeting date stating the reason for the request and the subject to be discussed. Its inclusion on the Board agenda shall be determined by the Chair of the Board.

(3)       Immediately prior to each Board meeting, any resident of the CNMI who desires to speak to an agenda item may submit his/her request to the Board Chair. At the discretion of the Chair, such presentation may be placed on the agenda and given a specified time limit.

(4)       The order of business of the regular meeting held each quarter will include an opportunity, up to 20 minutes, for the public to address the Board on any topic not included on the agenda.

(i)        Those who do desire to speak shall submit their requests to the President’s office immediately prior to the opening of the Board meeting. Such requests shall indicate the subject of the topic to be discussed and the presenter’s name and address.

(ii)       The Board of Regents reserves the right to fix such time limits on presentations as it deems appropriate to the occasion and may limit the number of spokespersons who appear before it; in opposition to or in support of a given issue.

(5)       An appropriate Board committee and/or the President shall be given an opportunity to examine and to evaluate all concerns presented and to recommend action before the Board makes a decision.

(6)       Unless invited or having prior authorization to speak, citizens are requested to refrain from such participation until the close of the meeting.

 

Modified, 1 CMC § 3806(f).

 

History: Adopted 26 Com. Reg. 22350 (Apr. 23, 2004); Proposed 25 Com. Reg. 21369 (Sept. 18, 2003).

 

§ 95-10-1205  Protection from Civil Suit

 

The Board of Regents shall defend, indemnify and hold harmless members of the Board of Regents, administrators, employees and agents against any and all suits, claims and demands for damages or requests for other relief arising from a deprivation of a constitutional right, civil rights, statutory right, negligent or wrongful acts resulting in death, bodily injury, or property damage while performing such duties for an on behalf of the Northern Marianas College and as defined by law or as authorized by the Board of Regents and its agents.

 

History: Adopted 26 Com. Reg. 22350 (Apr. 23, 2004); Proposed 25 Com. Reg. 21369 (Sept. 18, 2003).

 

§ 95-10-1210  Legal Counsel

 

The Board of Regents may, at its discretion, provide legal counsel for any Board member, administrator, employee, or student who may be requested to testify before any executive, legislative or judicial body when such testimony concerns activities of the Northern Marianas College.

 

History: Adopted 26 Com. Reg. 22350 (Apr. 23, 2004); Proposed 25 Com. Reg. 21369 (Sept. 18, 2003).


 

 

CHAPTER 95-20

NORTHERN MARIANAS COLLEGE POLICIES

 

SUBCHAPTER 95-20.1

GENERAL POLICIES

 


Part 001          General Provisions [Reserved]

 

Part 100          Financial Information

§ 95-20.1-101 Tuition and Fees

§ 95-20.1-105 Tuition Refunds

 

Part 200          Admissions

§ 95-20.1-201 General Admission Requirements

§ 95-20.1-205 Formal Admission to Degree or Certificate Program

§ 95-20.1-210 Admission with Transfer Credit

§ 95-20.1-215 Readmission Procedures

 

Part 300          Academic Information

§ 95-20.1-301 General Degree Requirements

§ 95-20.1-305 Grading Policy

§ 95-20.1-310 Incompletes

§ 95-20.1-315 Auditing

§ 95-20.1-320 Change of Grades

§ 95-20.1-325 Credit by Examination

§ 95-20.1-330 Conference Course

§ 95-20.1-335 Independent Study

§ 95-20.1-340 Official Transcript

§ 95-20.1-345 Class Standing

§ 95-20.1-350 Full-time/Part-time Status, Study Load

§ 95-20.1-355 Satisfactory Academic Progress Policy

§ 95-20.1-360 Graduation Requirements

§ 95-20.1-365 Student Responsibilities

§ 95-20.1-370 Student Rights Regarding Their Records

§ 95-20.1-375 Student Appeals

§ 95-20.1-380 Withdrawal from a Course

§ 95-20.1-385 Withdrawal from the College

§ 95-20.1-390 Course Numbering System

 

Part 400          Programs

§ 95-20.1-401 Degree Programs and Requirements

§ 95-20.1-405 Agriculture

§ 95-20.1-410 Associate of Applied Science Agriculture

§ 95-20.1-415 Business and Public Administration

§ 95-20.1-420 Education

§ 95-20.1-425 Liberal Arts

§ 95-20.1-430 Certificate Programs and Requirements

 

Part 500          Financial Aid Policy

§ 95-20.1-501 Purpose

§ 95-20.1-505 Definitions

§ 95-20.1-510 Responsibilities of the Committee

§ 95-20.1-515 By-laws of the Committee

§ 95-20.1-520 Financial Aid Office

§ 95-20.1-525 Funding

§ 95-20.1-530 Maintenance of Funds

§ 95-20.1-535 Eligibility Criteria for Financial Assistance

§ 95-20.1-540 Conditions of Receipt of Award

§ 95-20.1-545 Application Process

§ 95-20.1-550 Procedure for Review

§ 95-20.1-555 Appeal

§ 95-20.1-560 Scholarship Awards

§ 95-20.1-565 Grant Awards

§ 95-20.1-570 Loans

§ 95-20.1-575 Change in Funding Levels

 

Part 600          Retention and Promotion of Faculty

§ 95-20.1-601 Review of Proposed Promotions

§ 95-20.1-605 Disapproval of Promotion

§ 95-20.1-610 Notification of Non-renewal

 

Part 700          Professional Staff Running for Political Office

§ 95-20.1-701 Professional Staff Running for Political Office


 

Chapter Authority: PL 3-43 § 203(a) and (b) (repealed by PL 4-34 § 20); 3 CMC § 1316.

 

Chapter History: *Proposed 27 Com. Reg. 23982 (Feb. 17, 2005); *Proposed 27 Com. Reg. 23838 (Jan. 17, 2005); *Proposed 27 Com. Reg. 23864 (Jan. 17, 2005); Amdts Adopted 8 Com. Reg. 4221 (Apr. 18, 1986); 8 Com. Reg. Amdts Proposed 8 Com. Reg. 4171 (Jan. 17, 1986); Adopted 7 Com. Reg. 3974 (Sept. 16, 1985); Proposed 7 Com. Reg. 3879 (July 22, 1985); Adopted 7 Com. Reg. 3796 (July 22, 1985); Proposed 7 Com. Reg. 3682 (May 21, 1985); Adopted 6 Com. Reg. 3143 (Sept. 15, 1984); Proposed 6 Com. Reg. 2948 (July 16, 1984); Adopted 6 Com. Reg. 2943 (July 16, 1984); Proposed 6 Com. Reg. 2736 (Apr. 15, 1984). * These proposed regulations were not adopted.

 

Commission Comment: Executive Order No. 25 (effective March 12, 1981) revoked an earlier Executive Proclamation dated August 23, 1976, entitled “Proclamation Establishing the Northern Marianas Community College,” and established the Northern Marianas Community College within the Department of Education under the control and supervision of the Board of Education, acting as a Board of Regents for the college. See Executive Order 25 § 1, reprinted at 3 Com. Reg. 1218 (Mar. 30, 1981). Executive Order 25 § 4(a) authorized the Board to establish rules, regulations, and policies for the operation of the college.

 

PL 3-43, a comprehensive revision of the CNMI education laws, took effect January 19, 1983. PL 3-43 § 105 repealed PL 1-8, tit. 1, ch. 14 and re-established the Northern Mariana College Board of Regents as a part of the Board of Education. See PL 1-8, tit. 1, ch. 14 (effective August 10, 1978) as repealed and reenacted by PL 3-43 (effective Jan. 19, 1983) (formerly codified at 1 CMC §§ 2281-2286); see also the commission comment to 3 CMC § 1101. PL 3-43 § 106 also repealed Executive Order 25.

 

PL 4-34 (effective March 28, 1985), the “Post-secondary Education Act of 1984,” codified as amended at 3 CMC §§ 1301-1331, created the Northern Marianas College as a nonprofit public corporation, under the general control and direction of the Board of Regents of the Northern Marianas College. See 3 CMC § 1304; see also 3 CMC § 1311. PL 4-34 § 20 repealed former 1 CMC §§ 2281-2286. PL 4-34 § 19 provided for the transition of duties and policies from the Board of Education to the Board of Regents. 3 CMC § 1316 defines the duties of the Board of Regents and provides the Board the authority to adopt rules and regulations for the implementation of the act and its duties thereunder.

 

These regulations were formerly codified as Chapter 95-20. They were re-designated as Subchapter 95-20.1 upon the enactment of Subchapter 95-20.3 in 2006.

 

Part 001 -       General Provisions

 

[Reserved.]

 

Part 100 -       Financial Information

 

§ 95-20.1-101 Tuition and Fees

 

Tuition and fee schedules are subject to change. All required tuition and fees must be paid at the time of registration. Students in need of financial aid may be assisted through the financial aid program of the college, or in unusual cases by short term emergency loans if available.

 

(a)       Tuition

Students enrolling for 15 credits or less will pay $48.00 per credit hour. Students enrolling for more than 15 credit hours will pay the consolidated fee of $720.00.

 

(b)       Other Fees

 

(1)

Registration

$5.00

(2)

Late Registration

10.00

(3)

Course Activity Fees: Bowling, Scuba Diving, Swimming, Construction Trade/Computer, Agriculture

Variable

(4)

Student Activity Fees:

 

(i)

Full-time

5.00

(ii)

Part-time

$.50/credit

(5)

Laboratory Fees (Science)

8.00

(6)

Graduation Fee (includes diploma, cap and gown rental)

20.00

(7)

Transcript Fee

2.00

(8)

Returned Check Charge

10.00

(9)

Credit by Examination

$15.00 per semester hour

(10)

College Catalog

2.00

(11)

Application for Admission

10.00

(12)

Audit (per credit)

23.00

 

(c)       Admission Fee

A fee of $10.00 shall be paid at the time an application for admission to Northern Marianas College is submitted. This is a non-refundable fee. This fee includes one free copy of the catalog.

 

(d)       Student Activity Fee

A student activity fee is charged according to this schedule: $.50 per credit for part-time students; and $5.00 full-time students.

 

(e)       Late Registration Fee

There is a specified cut-off date for registration each semester. Students registering after that date shall pay a late registration fee of $10.00. This fee is refundable only in the event all classes for which the student registered are canceled.

 

(f)        Add/Drop Fee

An additional fee of $2.00 will be paid for each transaction after the start of late registration. This fee will not be levied when changes are necessitated by college cancellation of courses or college rescheduling of classes.

 

(g)       Credit by Examination Fee

A fee of $15.00 per semester hour will be charged for credit by examination. Students must complete all application materials.

 

(h)       Laboratory or Material Fees

In addition to standard course fees, laboratory or material fees may be charged in some courses. These charges are listed in the class schedules.

 

(i)        Books, Supplies, and Tools

The cost of books and supplies for full-time students usually ranges around $200 per semester. Students in certain occupational programs are additionally required to purchase personal hand tools which range from $35 to $625, depending upon the major. Students in need of financial assistance to absorb this cost may be assisted through the financial aid program of the college.

 

(j)        Graduation Fee

A $20.00 fee is payable at the time an application for graduation is submitted. This fee includes the cost of diploma, and cap and gown rental.

 

(k)       College Catalog

The college catalog may be purchased at the college bookstore for $2.00. Postage must be added for mail orders.

 

(l)        Financial Obligations

The college reserves the right to withhold transcripts, diplomas, or final grade reports from students who have not paid all financial obligations. If a student is delinquent in payment of any amount due to the college, registration for succeeding semesters may be withheld.

 

Modified, 1 CMC § 3806(f).

 

History: Amdts Adopted 8 Com. Reg. 4221 (Apr. 18, 1986); 8 Com. Reg. Amdts Proposed 8 Com. Reg. 4171 (Jan. 17, 1986); Amdts Adopted 7 Com. Reg. 3796 (July 22, 1985); Amdts Proposed 7 Com. Reg. 3682 (May 21, 1985). Adopted 6 Com. Reg. 2943 (July 16, 1984); Proposed 6 Com. Reg. 2736 (Apr. 15, 1984).

 

Commission Comment: The original paragraphs of subsection (b) were not designated. The Commission designated subsections (b)(1) through (b)(12). The 1985 amendments added a new subsection (b)(3) and amended subsections (b)(4) and (e). The 1986 amendments readopted subsections (a) and (b) in their entirety with numerous amendments. The 1986 amendments did not address subsections (c) through (l), and therefore, the Commission has retained them. The Commission changed subsections (d), (g) and (j) to reflect the amended fees set forth in subsection (b).

 

§ 95-20.1-105 Tuition Refunds

 

(a)       To be eligible for a tuition refund, a student must officially withdraw from school through the Registrar’s Office, and must complete a “request for refund” form.

 

(b)       “Class day” is defined as any day a college class meets. Class days are computed beginning the first day of classes for the semester. The number of times a particular class meets does not affect the refund computation.

 

(c)       In the event of a student’s official withdrawal or reduction of hours carried, tuition and fees (lab and/or course activities) are refundable on the following basis:

(1)       Total Withdrawals

(i)        Fall and Spring Semesters:

Prior to the first class day                                          100%

During the first five class days                                  80%

During the second five class days                              70%

During the third five class days                                 50%

During the fourth five class days                               25%

After the fourth five class days                                  None

(ii)       Summer Semesters:

Prior to the first class day                                          100%

During the first three class days                                80%

During the second three class days                            50%

After the second three class days                               None

(2)       Partial Withdrawals

(i)        Fall and Spring Semesters:

During the first twelve class days                              100%

After the twelfth class day                                         None

(ii)       Summer Semesters:

During the first four class days                                  100%

After the fourth class day                                           None

 

(d)       Tuition and fees paid directly to the Northern Mariana College by a sponsor, donor, or scholarship shall be refunded to the source rather than directly to the student.

 

Modified, 1 CMC § 3806(f).

 

History: Amdts Adopted 8 Com. Reg. 4221 (Apr. 18, 1986); 8 Com. Reg. Amdts Proposed 8 Com. Reg. 4171 (Jan. 17, 1986); Adopted 6 Com. Reg. 2943 (July 16, 1984); Proposed 6 Com. Reg. 2736 (Apr. 15, 1984).

 

Commission Comment: The original paragraphs were not designated. The Commission designated subsections (a) through (d). The Commission inserted a comma after the word “donor” in subsection (d) pursuant to 1 CMC § 3806(g). The 1986 amendments replaced this section in its entirety.

 

Part 200 -       Admissions

§ 95-20.1-201 General Admission Requirements

 

The Northern Marianas College (NMC) programs are designed for students who have received their high school diploma or equivalency certificate (G.E.D.), for high school students who choose to participate in the college early admissions program, and for adults not in high school who are 18 or older.

 

(a)       Non High School Graduates

Any Northern Marianas resident at least 18 years of age who has not graduated from high school or been awarded a high school diploma on the basis of GED and has not completed any previous college level work may be admitted. Such a student will become an associate degree candidate after completion of not fewer than 15 college semester hours of credit with at least a 2.0 (C) average.

 

(b)       High School Graduates

Any person who has earned a high school diploma or its equivalent is eligible for admission to an associate degree program. A specific GPA in previous high school or college work is not required.

 

(c)       High School Students

Any high school student possessing a GPA of 3.0 or above who wishes to be admitted to the college shall obtain written permission from his/her parent or guardian, and a letter of recommendation from the student’s high school counselor or high school principal attesting to the student’s ability to perform at college level. All precollege students who are accepted for general admission will receive grades and a transcript and will be treated as other college students.

 

Modified, 1 CMC § 3806(f).

 

History: Adopted 6 Com. Reg. 3143 (Sept. 15, 1984); Proposed 6 Com. Reg. 2948 (July 16, 1984).

 

§ 95-20.1-205 Formal Admission to Degree or Certificate Program

 

(a)       Students may enroll in any course for which they meet the requirements; however, to be admitted to a degree or certificate program, and before they receive a degree, they must be formally admitted. To accomplish this formal admission process, students should complete the following steps:

(1)       Submit a completed application for admission and a $10.00 fee to the Office of Admissions and Records; and

(2)       Arrange to have an official transcript from the high school or college previously attended submitted to the Office of Admissions and Records.

 

(b)       Testing and Placement

Students applying for admission to a degree program who have not yet met their written communications and mathematic computational requirements must take a placement examination. Students performing below a minimum level in one or more of these tests will be advised to take the equivalent preparatory course to improve performance in the deficient area. Students must have the placement results prior to registering for communications or mathematics courses.

 

(c)       Academic Advisor

When students are admitted to degree or certificated programs, they will be assigned an academic advisor. The advisor will help plan the student’s program.

 

Modified, 1 CMC § 3806(f).

 

History: Adopted 6 Com. Reg. 3143 (Sept. 15, 1984); Proposed 6 Com. Reg. 2948 (July 16, 1984).

 

Commission Comment: The first paragraph was not designated. The Commission designated it subsection (a).

 

§ 95-20.1-210 Admission with Transfer Credit

(a)       Northern Marianas College will accept a total of 45 credits toward an associate degree from other accredited institutions.

 

(b)       Transfer credit evaluations are performed for students who have been formally admitted to a degree program. The college may accept, by transfer, credits from other accredited institutions when the grades of courses completed are “C” or above. Where possible, transfer credit will be equated with NMC courses. The college reserves the right to reject work of doubtful quality or to require an examination before credit is allowed.

 

(c)       Non-resident credit for a student will not be posted on a student’s transcript unless each of the following criteria are met:

(1)       The student must be currently enrolled, or have completed at least one semester in residence at the Northern Marianas College;

(2)       The student must complete an application for admission, pay the $10.00 admission fee, and be accepted for formal admission to a degree program;

(3)       The student must submit official transcripts from schools previously attended;

(4)       The student may be requested to furnish a college catalog from each school previously attended.

 

Modified, 1 CMC § 3806(f).

 

History: Adopted 6 Com. Reg. 3143 (Sept. 15, 1984); Proposed 6 Com. Reg. 2948 (July 16, 1984).

 

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

 

§ 95-20.1-215 Readmission Procedures

 

(a)       Students previously enrolled in the college planning to return after an absence of one or more semesters must file a new application for admission.

 

(b)       Transcripts of the record of any work completed in the interim are required.

 

Modified, 1 CMC § 3806(f).

 

History: Adopted 6 Com. Reg. 3143 (Sept. 15, 1984); Proposed 6 Com. Reg. 2948 (July 16, 1984).

 

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

 

Part 300 -       Academic Information

 

§ 95-20.1-301 General Degree Requirements

 

For the Associate of Arts, Science or Applied Science Degree the student must:

 

(a)       Complete at least 15 of the final 30 credits at NMC;

 

(b)       Earn at least 60 credit hours including transfer credits;

 

(c)       Have a grade point average of a least 2.0 (“C” average).

 

Modified, 1 CMC § 3806(f).

 

History: Adopted 6 Com. Reg. 3143 (Sept. 15, 1984); Proposed 6 Com. Reg. 2948 (July 16, 1984).

 

§ 95-20.1-305 Grading Policy

 

Letter Grade

Definitions

Grade Points

A

Superior/Excellent

4.0

B

Above Average

3.0

C

Average

2.0

D

Minimal Passing

1.0

F

Less than Minimal Passing

0.0

W

Official Withdrawal

 

I

Incomplete

 

P

Passing: For courses challenged or approved workshops. Counts (if applicable) towards a degree but not computed into student’s grade point average (GPA).

 

NC

No Credit: Means credit has not been earned and no grade point given.

 

AU

Audit: No grade points given.

 

 

History: Adopted 6 Com. Reg. 3143 (Sept. 15, 1984); Proposed 6 Com. Reg. 2948 (July 16, 1984).

 

§ 95-20.1-310 Incompletes

 

An “I” indicates that the student has yet to complete a small but important part of the work in a course. The “I” will revert to an “F” grade if not made-up by the end of one calendar year from the last day of the semester in which the student received the “I.”

 

Modified, 1 CMC § 3806(g).

 

History: Adopted 6 Com. Reg. 3143 (Sept. 15, 1984); Proposed 6 Com. Reg. 2948 (July 16, 1984).

 

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

 

§ 95-20.1-315 Auditing

 

A student wishing to enroll in one or more courses for informational instruction only may register as an auditor. An auditor does not receive academic credit or have laboratory privileges and may not submit papers for grades and correction. Audit courses are not included in the computation of the study load for a full-time/part-time determination or for overload status. No credit is received for audited courses. Auditors must pay one half the total tuition rate.

 

History: Adopted 6 Com. Reg. 3143 (Sept. 15, 1984); Proposed 6 Com. Reg. 2948 (July 16, 1984).

 

§ 95-20.1-320 Change of Grades

 

Grades are submitted upon the completion of a course or at the end of the term. They are assumed to be the student’s permanent record and may not be changed unless a calculation error has been made by the instructor. Changes must be in writing, and filed within 45 days after the grade has been submitted, and be approved by the Academic Vice-President.

 

History: Adopted 6 Com. Reg. 3143 (Sept. 15, 1984); Proposed 6 Com. Reg. 2948 (July 16, 1984).

 

§ 95-20.1-325 Credit by Examination

 

Students presenting evidence that through experience and/or training they have learned the equivalent of a course but have not received college credit for it may apply for credit by examination. (Department chairman determines which courses may be credited by examination). If the department chairman grants approval, the student must enroll in the course during the regular registration period, then during the first week of the semester take the examination from an instructor appointed by the department chairman.

 

History: Adopted 6 Com. Reg. 3143 (Sept. 15, 1984); Proposed 6 Com. Reg. 2948 (July 16, 1984).

 

§ 95-20.1-330 Conference Course

 

A conference course is a regular course not listed on the current semester’s schedule. A student may enroll in a conference course and study with the instructor on an individual basis if the enrollment is approved by the instructor and chairman of the department.

 

History: Adopted 6 Com. Reg. 3143 (Sept. 15, 1984); Proposed 6 Com. Reg. 2948 (July 16, 1984).

 

§ 95-20.1-335 Independent Study

 

All independent study courses must meet established criteria. The responsibility for registering for an independent study course rests with the student. Each independent study must be recorded in the Office of Admissions and Records and must contain the approval of the department chairman.

 

History: Adopted 6 Com. Reg. 3143 (Sept. 15, 1984); Proposed 6 Com. Reg. 2948 (July 16, 1984).

 

§ 95-20.1-340 Official Transcript

 

An official transcript contains the seal of the Northern Marianas College and the signature of the Director of Admissions and Records. Official transcripts of credits earned at other institutions, high school transcripts, and other supporting documents which have been presented for admission and evaluation of credit become the property of the Northern Marianas College and are not reissued or copied for distribution.

 

History: Adopted 6 Com. Reg. 3143 (Sept. 15, 1984); Proposed 6 Com. Reg. 2948 (July 16, 1984).

 

§ 95-20.1-345 Class Standing

 

Class standing is determined on the basis of total credits earned. For Northern Marianas College students, the following indicates student classification:

 

Freshman                                            0-30 credits

Sophomore                                         31-60 credits

 

History: Adopted 6 Com. Reg. 3143 (Sept. 15, 1984); Proposed 6 Com. Reg. 2948 (July 16, 1984).

 

§ 95-20.1-350 Full-time/Part-time Status, Study Load

 

(a)       Students who register for 12 or more semester hours of credit will be classified as full-time, and a study load of less than 12 hours is considered part-time.

 

(b)       The maximum study load allowable is 18 credits per semester. If a student desires to take more than 18 semester hours, he/she must obtain the approval of the Academic Vice-President. Non-credit courses are not included with credit courses when computing a study load.

 

History: Adopted 6 Com. Reg. 3143 (Sept. 15, 1984); Proposed 6 Com. Reg. 2948 (July 16, 1984).

 

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

 

§ 95-20.1-355 Satisfactory Academic Progress Policy

 

(a)       General: Federal law governing the administration of federal student aid provides that: “In order to receive any grant, loan, or work assistance, a student must be maintaining satisfactory progress in the course of study the student is pursuing according to the standard and practices of the institution at which the student is in attendance.” (Sec. 484, the Higher Education Act of 1965, as amended).

 

(b)       Definitions:

(1)       Satisfactory Academic Progress: Satisfactory academic progress is defined as the enrollment for and successful completion of the minimum required number of semester hours of credit which applies toward the student’s declared degree objective with a cumulative grade-point average as follows:

 

Total Credits Completed

Minimum Cumulative GPA

0 – 15

1.5

16 – 30

2.0

31 – 45

2.0

46 – 60

2.0

61 +

2.0

 

(2)       Successful Completion: Successful completion of a course of study requires a grade of pass, “D” or above. Grades of “NC,” “W,” “I,” or “F” do not constitute successful completion of a course.

 

(c)       If a regular student is required to enroll in the Fundamentals of English (EN 100R, W) or in Basic Mathematics (090), then three credits will be counted as earned for each “P” grade earned for the purpose of determining satisfactory academic progress.

 

(d)       The maximum time frame for completion of a degree or certificate for a full-time student who is making satisfactory academic progress is:

(1)       Associate Degree: Three years, divided into six one-term increment.

(2)       Certificate: Two years, divided into four one-term increment.

 

(e)       For a part-time student, the maximum time frame for completion of a degree or certificate is twice the number of years of a full-time regular student.

 

(f)        A regular student is considered to be making satisfactory academic progress if he/she completed a minimum of twenty credit hours per academic year.

 

(g)       A student’s satisfactory academic progress is reviewed every semester for counseling purposes. The Financial Aids Office evaluates the student’s progress at the end of the academic year. A student, if he/she does not meet the satisfactory academic progress during the regular academic year, may attend the summer session, at the student’s own expense, in order to meet the satisfactory academic progress requirements.

 

(h)       If a student is required to enroll in the Fundamentals of English (EN 100R, W) and/or in Basic Mathematics (090), then that student may be permitted a maximum of two additional terms to complete his/her degree or certificate requirements.

 

(i)        Certain courses may continue from one semester to the next until the student completes the requirements for the course. While the course is in progress, the student receives an incomplete (I); this is not counted as a passing grade. A student enrolling for such course (e.g., Fundamentals of English R, W) should plan on having enough additional credit hours to allow for an incomplete so that there is less danger of falling below the minimum number of credits passed for that semester.

 

(j)        Students who fail to meet the satisfactory academic progress requirements are subject to financial aid probation or financial aid suspension. Financial aid  probation occurs when the student has passed at least half of the required hours for the term but fewer than the minimum necessary credits to retain good standing for financial aid purposes.

 

(k)       Financial aid suspension occurs when the student fails to earn the minimum number of hours for two semesters or passes fewer than half the required hours for any one semester. Students under financial aid suspension will be denied for a minimum of one academic year from the point of financial aid suspension unless they make up the academic deficiencies before the term of suspension has expired.

 

(l)        Students suspended from financial aid must submit an appeal petition thirty days prior to the beginning of the semester for which they are eligible to be reconsidered for aid. This form may be obtained from the Financial Aids Office. The appeal will be reviewed by the Financial Aid Review Committee (FARC) which consists of the Director of Financial Aids Office, Director of Admissions and Records, and a number of the teaching staff.

 

(m)      Students on financial aid probation have full access to any aid for which they are eligible but are cautioned that a second violation will result in suspension of their aid.

 

(n)       Any student has the right to appeal his/her placement on academic probation or suspension from the college as a regular student. Any appeal must be in writing and should contain all pertinent facts together with documentation.

 

Modified, 1 CMC § 3806(e), (f), (g).

 

History: Adopted 6 Com. Reg. 3143 (Sept. 15, 1984); Proposed 6 Com. Reg. 2948 (July 16, 1984).

 

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

 

In subsection (b)(2), the Commission moved the commas inside of the closing quotation marks.

 

§ 95-20.1-360 Graduation Requirements

 

A student may be awarded the Associate of Arts Degree, Associate of Science Degree, Associate of Applied Science, or Certificate of Proficiency upon the completion of the appropriate curriculum. Students must comply with the following:

 

(a)       Program Requirements: The student must complete a prescribed program.

 

(b)       Residency Requirements: A minimum of 15 credits must be taken at Northern Marianas College.

 

(c)       Scholarship: A cumulative grade point average of 2.0 or better in sixty or more credits is required for graduation.

 

(d)       Application for Graduation: Degree candidates must formally apply for graduation. The application form and graduation fee of $15.00 must be submitted to the Office of Admissions and Records no later than the specified deadline date for the May commencement.

 

(e)       Graduation with Honors: Students who obtain a grade point average of 3.5 will graduate cum laude, 3.8 GPA will graduate magna cum laude, and 4.0 GPA will graduate summa cum laude, provided they meet the honors as well as the general residence credit requirements (see subsection (b)).

 

(f)        Commencement Attendance: Degrees are awarded only at the annual commencement exercises. After applying for and being admitted to candidacy, it is expected that candidates will attend the commencement. Students can request an official excuse from the ceremony by writing to the Dean of Student Affairs. Students who receive official written permission may receive their degrees in absentia.

 

Modified, 1 CMC § 3806(c), (d), (f).

 

History: Adopted 6 Com. Reg. 3143 (Sept. 15, 1984); Proposed 6 Com. Reg. 2948 (July 16, 1984).

 

§ 95-20.1-365 Student Responsibilities

 

(a)       The academic community, by its very nature, places emphasis on individual responsibilities. The necessity to maintain an environment which is conducive to learning and to the free exchange of ideas is commonly accepted. Students attending Northern Marianas College are expected to behave in such a way as to:

(1)       Show respect for the rights of others;

(2)       Preserve a social and academic atmosphere which promotes the college’s goals;

(3)       Show care and respect for college property and for property of others;

(4)       Show responsibility for all material covered in each course for which he/she is registered. In no instance does absence from class relieve the student of the responsibility for the performance of any of the course work;

(5)       Comply with any special attendance regulations specified by the instructor;

(6)       Initiate any request to make up work missed because of a class absence. The decision to assist the student with make-up work rests with the instructor.

 

(b)       Students who interfere with the personal rights or privileges of others or with the educational process of the college are subject to immediate disciplinary action. Acts specifically prohibited include possession, use or sale of alcohol, narcotics or illicit drugs on school property or at school functions; destruction of property; stealing; assault or vulgarity, and continued willful disobedience.

 

Modified, 1 CMC § 3806(f).

 

History: Adopted 6 Com. Reg. 3143 (Sept. 15, 1984); Proposed 6 Com. Reg. 2948 (July 16, 1984).

 

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

 

§ 95-20.1-370 Student Rights Regarding Their Records

 

(a)       Students have a right to their “education records.”

 

(b)       Students have a right to inspect and review the content of their records. Inspection and review may be done with an appointment during regular business hours.

 

(c)       Students have a right to obtain copies of their educational records at cost.

(d)       Students have a right to a hearing to challenge the content of educational records maintained by the college.

 

Modified, 1 CMC § 3806(f).

 

History: Adopted 6 Com. Reg. 3143 (Sept. 15, 1984); Proposed 6 Com. Reg. 2948 (July 16, 1984).

 

§ 95-20.1-375 Student Appeals

 

(a)       An Appeal Committee serves any student who wishes to seek redress of grievance occurring in his/her relationship with the college, its faculty, or its staff. A grievance may concern a grade which is felt to be unjust or an action of the college which the student wishes to protest.

 

(b)       To initiate an appeal the student must register a written complaint within thirty days after the occurrence of the action being protested. The written complaint must be received by the Office of the President and dated and signed by both the receiver and the student. The appeal must state what action is being appealed and the reason the student has for the appeal.

 

(c)       The Appeal Committee, appointed by the President, consists of five people selected from the faculty, administrators, related agencies, and the community, who will be most qualified to consider the issue.

 

Modified, 1 CMC § 3806(e), (f).

 

History: Adopted 6 Com. Reg. 3143 (Sept. 15, 1984); Proposed 6 Com. Reg. 2948 (July 16, 1984).

 

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

 

§ 95-20.1-380 Withdrawal from a Course

 

(a)       A student is expected to complete the courses in which enrolled. The student may, if circumstances warrant, withdraw from one or more classes by completing an add/drop form. Courses dropped in the first two weeks of the semester will not appear on the student’s permanent record; thereafter a mark of “W” will be entered on the record. A student who fails to withdraw formally from a course will receive a “F” on his/her permanent record.

 

(b)       Withdrawals are subject to add/drop fees.

 

(c)       The deadline for withdrawal is the end of the thirteenth week after classes begin, except in the summer session, when the deadline is as indicated on the academic calendar.

 

(d)       A student wishing to withdraw from all classes should follow the procedure for withdrawing from the college.

 

Modified, 1 CMC § 3806(f).

 

History: Adopted 6 Com. Reg. 3143 (Sept. 15, 1984); Proposed 6 Com. Reg. 2948 (July 16, 1984).

 

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

 

§ 95-20.1-385 Withdrawal from the College

 

(a)       Withdrawal from the college is the official discontinuance of attendance prior to the end of a semester or session. An official withdrawal procedure must be completed according to the regulations of the college.

 

(b)       Students withdrawing from the institution are not charged add/drop fees.

 

Modified, 1 CMC § 3806(f).

 

History: Adopted 6 Com. Reg. 3143 (Sept. 15, 1984); Proposed 6 Com. Reg. 2948 (July 16, 1984).

 

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

 

§ 95-20.1-390 Course Numbering System

 

Northern Marianas College uses the following approach

to identify its courses:

 

001-049

Continuing Education Courses

050-099

Preparatory Courses. These are usually intended to upgrade basic skills to the level required for college degree programs

100-299

Courses counting toward a degree

-90

Individual or independent study

-93

Special topics – offered only during one academic year

-97

Seminars

-98

Practicum.

 

History: Adopted 6 Com. Reg. 3143 (Sept. 15, 1984); Proposed 6 Com. Reg. 2948 (July 16, 1984).

 

Part 400 -       Programs

 

§ 95-20.1-401 Degree Programs and Requirements

 

(a)       Associate of Arts/Science and Associate of Applied Science Degree

(1)       The Associate of Arts (A.A.), Associate of Science (A.S.) and the Associate of Applied Science (A.A.S.) are offered at Northern Marinas College. The A.A./A.S. require a greater number of general education courses from the areas of behavioral science, humanities and fine arts, and science. These degrees are designed for students who intend to continue their education in pursuit of a bachelor’s degree. They are generally considered as fulfilling the first two years of a traditional college education.

(2)       The Associate of Arts program includes degrees in Elementary Education, Business and Public Administration, and Liberal Arts. Liberal Arts degrees can be earned with emphasis in humanities, social science, or science.

(3)       The Associate of Science program includes degrees in Agriculture and Office Administration.

(4)       The Associate of Applied Science requires more course work in the area of specialty and is an occupation-oriented degree.

 

(b)       All degree programs offered by the college consist of the following four components:

(1)       Required Core Courses

All degree programs require successful completion of five core courses (17 credits). These are:

 

English:

EN 101 & 102

6 credits

NMI History:

HI 255

3 credits

Mathematics:

MA 112 or higher

3 credits

Physical Education/Health:

 

2 credits

Speech:

CO 210

3 credits

 

(2)       General Education Requirements

In addition, degree programs require successful completion of selected courses from each of the three areas of behavioral and social science, fine arts and humanities, and science. Specific general education requirements are spelled out in the sections that follow.

(3)       Degree Specific Requirements

Degree specific requirements vary according to the requirements of the particular degree. Requirements are spelled out under each separate degree listing in the sections that follow.

(4)       Electives

Courses to fulfill the elective requirement must be chosen from courses eligible for degree credit. There are no subject/area restrictions on elective courses.

 

Modified, 1 CMC § 3806(f).

 

History: Adopted 6 Com. Reg. 3143 (Sept. 15, 1984); Proposed 6 Com. Reg. 2948 (July 16, 1984).

 

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

 

§ 95-20.1-405 Agriculture

 

(a)       Agriculture and its related fields have been the foundation of island cultures for centuries. More and more emphasis has been placed on the tropical and subtropical regions of the world, including the insular areas of the Pacific, for production of the world’s food and fiber.

(b)       Associate of Science Agriculture The Associate of Science Degree is designed to include the fundamental principles in the science of agriculture. This degree program includes the education basics of reading, writing, and mathematics, and introductory courses in agriculture in order to prepare for advanced instruction. The degree requires a minimum of 60 credit hours selected from the following:

 

(1)

Core Courses

 

17 credits

(2)

General Education

 

24-26 credits

(i)

Behavioral and Social Sciences and Law

Anthropology/ Behavioral Science/ Psychology/ Sociology/ Economics/ Geography/ Law/ Political Science

9 credits

(ii)

Fine Arts and Humanities

Music/ Art/ Drama/ Philosophy/ Literature/ Modern Languages/ History

9 credits

(iii)

Science

Agriculture/ Biology/ Chemistry/ Natural Science/ Physical Science/ Health

6-8 credits

(3)

Specific Agriculture Requirements

 

14-19 credits

 

AG 101

Introduction to Agriculture

3 credits

 

AG 111

Principles of Animal Science

4 credits

 

AG 181

Principles of Crop Production

3 credits

 

AG 231

Agriculture Economics

3 credits

 

AG 298

Practicum/ Research/ Internship

1-6 credits

(4)

Electives

 

1-3 credits

 

Modified, 1 CMC § 3806(f).

 

History: Adopted 6 Com. Reg. 3143 (Sept. 15, 1984); Proposed 6 Com. Reg. 2948 (July 16, 1984).

 

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

 

§ 95-20.1-410 Associate of Applied Science Agriculture

 

The Associate of Applied Science Degree is designed for students already employed or interested in entering the profession upon completion of their degree. This vocationally oriented program emphasizes hands-on experience in agriculture while allowing additional training in specific areas. This degree requires a minimum of 60 credit hours selected from the following:

(a)

Core Courses

 

17 credits

(b)

General Education

 

9-10 credits

(1)

Behavioral and Social Sciences and Law

Anthropology/ Behavioral Science/ Psychology/ Sociology/ Economics/ Geography/ Law/ Political Science

3 credits

(2)

Fine Arts and Humanities

Music/ Art/ Drama/ Philosophy/ Literature/ Modern Languages/ History

3 credits

(3)

Science

Agriculture/ Biology/ Chemistry/ Natural Science/ Physical Science/ Health

3-4 credits

(c)

Specific Agriculture Requirements

 

21-26 credits

 

AG 101

Introduction to Agriculture

3 credits

 

AG 111

Principles of Animal Science

4 credits

 

AG 181

Principles of Crop Production

3 credits

 

AG 220

Plant Propagation & Seed Technology

3 credits

 

AG 230

Farm Management

3 credits

 

AG 231

Agriculture Economics

3 credits

 

AG 232

Farm Equipment Operation

1 credit

 

AG 298

Practicum/ Research/ Internship

1-6 credits

(4)

Electives

 

7-8 credits

 

AG 135

Irrigation Principles & Design

3 credits

 

AG 141

Agricultural Mechanics

3 credits

 

AG 212

Principles of Animal Nutrition

3 credits

 

AG 223

Plant Pathology

3 credits

 

AG 240

Pest Management Methods

3 credits

 

AG 245

General Entomology

4 credits

 

AG 260

Livestock Management

3 credits

 

AG 261

Selection, Evaluation and Processing of Meats

3 credits

 

AG 262

Agriculture Marketing

3 credits

 

AG 270

Forage Crops and Pasture Management

3 credits

 

AG 280

Principles of Soil Science

4 credits

 

BI 201

Natural History of the Marianas

3 credits

 

History: Adopted 6 Com. Reg. 3143 (Sept. 15, 1984); Proposed 6 Com. Reg. 2948 (July 16, 1984).

 

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

 

§ 95-20.1-415 Business and Public Administration

 

(a)(1)   The Business and Public Administration Department offers a broad selection of courses to students interested in administration. Programs are oriented toward preparing students to assume management positions in business and governmental agencies in the Northern Mariana Islands.

(2)       An Associate of Arts Degree in Business and Public Administration and an Associate of Science Degree in Office Administration are offered.

 

(b)       Associate of Arts Business and Public Administration

This degree program prepares the student for advanced instruction. This degree requires a minimum of 62 credit hours selected from the following:

 

(1)

Core Courses

 

17 credits

(2)

General Education

 

24-26 credits

 

(i) Behavioral and Social Sciences and Law

 

9 credits

 

 

(A) Anthropology/ Behavioral Science/ Psychology/ Sociology

3 credits

 

 

(B) Economics

3 credits

 

 

(C) Law

3 credits

 

(ii) Fine Arts and Humanities

Music/ Art/ Drama/ Philosophy/ Literature/ Modern Languages/ History

9 credits

 

(iii) Science

Agriculture/ Biology/ Chemistry/ Natural Science/ Physical Science/ Health

6-8 credits

(3)

General Business Requirements

 

8-11 credits

 

CS 101

Introduction to Computers & Data Processing

3 credits

 

MG 231

Introduction to Business

3 credits

 

MG 232

Introduction to Case Analysis

1 credit

 

ID 190

Special Projects or ID290 Internship

1-4 credits

(4)

Specific Business Requirements

 

 

(i)

Accounting (LW106 Prerequisite)

 

9 credits

 

AC 221a

Accounting I

 

 

AC 221b

Accounting II

 

 

MG 250

Small Business Management

 

(ii)

Agriculture Management (EC211a Prerequisite)

 

9-10 credits

 

AC 221a

Accounting I

 

 

AG 101

Introduction to Agriculture

 

 

AG 111

Principles of Animal Science

 

 

 

or

 

 

AG 181

Principles of Crop Production

 

(iii)

Computer Literacy (CS102 Prerequisite)

 

9 credits

 

AC 221a

Accounting I

 

 

CS 101

Introduction to Computers and Data Processing

 

 

CS 104

BASIC and Business Applications

 

(iv)

Personnel Administration (BE 101 or PY101 or SO101 and LW106 Prerequisites)

 

9 credits

 

OA 207

Report Writing

 

 

OA 208

Personnel Supervision

 

 

MG 250

Small Business Management

 

(v)

Small Business Management-Entrepreneurship (EC211a or EC211b and LW106 Prerequisites)

 

9 credits

 

AC 221a

Accounting I

 

 

OA 207

Report Writing

 

 

MG 250

Small Business Management

 

(vi)

Travel Industry Management (LW106 and EC211b Prerequisites)

 

10 credits

 

AC 221a

Accounting I

 

 

TS 200

Menu Analysis and Culinary Technology

 

 

TS 210

Transportation Services & Management

 

 

TS 220

Hospitality Management

 

(vii)

Public Administration (EC211a and LW106 Prerequisites)

 

9 credits

 

AC 221a

Accounting I

 

 

PA 210

Public Administration & Management

 

 

PA 233

Government Regulatory Admin. on Bus.

 

(viii)

Public Personnel Administration (BE101 or PY101 or SO101 and LW106 Prerequisites)

 

9 credits

 

OA 207

Report Writing

9 credits

 

OA 208

Personnel Supervision

 

 

PA 210

Public Administration & Management

 

 

(c)       Associate of Science Office Administration

This degree program is designed for students already employed or interested in entering the profession upon completion of their degree. This degree requires a minimum of 61 credit hours selected from the following:

 

(1)

Core Courses

 

17 credits

(2)

General Education

 

10 credits

 

(i) Behavioral and Social Sciences and Law

Anthropology/ Behavioral Science/ Psychology/ Sociology/ Economics/ Geography/ Law/ Political Science

6 credits

 

(ii) Science

 

4 credits

(3)

General Business Requirements

 

10 credits

 

CS 102

Computer Operations

 

 

MG 231

Introduction to Business

 

 

MG 232

Introduction to Case Analysis

 

 

ID 190 / 290

Special Projects or ID298 Internship

 

(4)

Specific Business Requirements

(to be selected from the following)

 

24 credits

 

OA 101 a-b

Typing

3-3 credits

 

OA 103

Filing Systems

3 credits

 

OA 105

Calculating Machines

3 credits

 

OA 201

Machine Transcription/ Word Processing

3 credits

 

OA 203

Records Management

3 credits

 

OA 204

Fundamentals of Bookkeeping and Accounting

3 credits

 

OA 206

Business Correspondence

3 credits

 

OA 207

Report Writing

3 credits

 

OA 208

Personnel Supervision

3 credits

 

History: Adopted 6 Com. Reg. 3143 (Sept. 15, 1984); Proposed 6 Com. Reg. 2948 (July 16, 1984).

 

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

 

§ 95-20.1-420 Education

 

(a)       The Education Program is designed to provide initial preparation and continuing education to teachers and other professional personnel engaged in educational activities in the Northern Marianas.

 

(b)       Associate of Arts; Elementary Education

The Associate of Arts in Education degree is designed to provide the first two years of post secondary work leading towards a Bachelor of Arts degree in Education, and to provide a means by which teachers can obtain certification as defined by the Board of Education. The specific requirements of the Associate of Arts Degree in Education are as follows:

 

(1)

Core Courses

 

17 credits

(2)

General Education

 

24-26 credits

 

(i) Behavioral and Social Sciences and Law

Anthropology/ Behavioral Science/ Psychology/ Sociology/ Economics/ Geography/ Law/ Political Science

9 credits

 

(ii) Fine Arts and Humanities

Music/ Art/ Drama/ Philosophy/ Literature/ Modern Languages/ History

9 credits

 

(iii) Science

Agriculture/ Biology/ Chemistry/ Natural Science/ Physical Science/ Health

6-8 credits

(3)

Specific Education Requirements

 

16 credits

 

ED 110

Introduction to Teaching

3 credits

 

ED 201

Human Growth and Development

3 credits

 

ED 280

Introduction to Bilingual/ Bicultural Edu.

3 credits

 

ED 293

TESL Methods

3 credits

 

ED 299

Teaching Methods

4 credits

(4)

Electives

 

3 credits

 

History: Adopted 6 Com. Reg. 3143 (Sept. 15, 1984); Proposed 6 Com. Reg. 2948 (July 16, 1984).

 

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

 

§ 95-20.1-425 Liberal Arts

 

(a)       The Liberal Arts program seeks to prepare students for citizenship and leadership in the community. The general objectives are to gain an understanding of intellectual traditions in the humanities, to develop objectivity, to make inquiry into current problems of society and the individual, to provide information for further inquiry and study. Areas of concentration within this program are literature, language, art, music, drama, and philosophy.

 

(b)       Associate of Arts; Liberal Arts

The Associate of Arts Degree in Liberal Arts requires a minimum of 61 credits selected from the following:

 

(1)

Core Courses

 

17 credits

(2)

General Education

 

24-26 credits

 

(i) Behavioral and Social Sciences and Law

Anthropology/ Behavioral Science/ Psychology/ Sociology/ Economics/ Geography/ Law/ Political Science

9 credits

 

(ii) Fine Arts and Humanities

Music/ Art/ Drama/ Philosophy/ Literature/ Modern Languages/ History

9 credits

 

(iii) Science

Agriculture/ Biology/ Chemistry/ Natural Science/ Physical Science/ Health

6-8 credits

(3)

Specific Liberal Arts Requirements, Electives

 

18 credits

 

Selected in collaboration with academic advisor.

 

 

 

Modified, 1 CMC § 3806(f).

 

History: Adopted 6 Com. Reg. 3143 (Sept. 15, 1984); Proposed 6 Com. Reg. 2948 (July 16, 1984).

 

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

 

§ 95-20.1-430 Certificate Programs and Requirements

 

(a)       Certificate programs are designed to provide a student with a maximum of course work in a specialized area and a minimum of general requirements. A certificate requires between 25 to 30 credits, depending on the program, and offers students opportunities to:

(1)       Upgrade their skills in a specialized field of study;

(2)       Participate in college level course work for credit; and

(3)       Enroll in a continuing education program that offers recognition of educational achievements and selected work experience.

 

(b)       The college offers several certificated programs in Business Administration, Construction Trades, and Adult Education Teaching.

 

(c)       Business and Public Administration certificates of

proficiency include:

Accounting

Bank Management

Computer Literacy

Fire Science

Health Services Management

Insurance Management

Personnel Administration

Police Science

Public Administration

Real Estate Management

Small Business Management

Travel Industry Management

 

Requirements:

 

(1)

Core Course Requirements

 

12 credits

 

English

 

3 cr

 

Math

 

3 cr

 

BE 101 or PY 101 or SO 101

 

3 cr

 

HI 255

Northern Marianas History

3 cr

(2)

General Business Requirements

 

7 credits

 

CS 102

Computer Operations

3 cr

 

MG 231

Introduction to Business

3 cr

 

MG 232

Introduction to Case Analysis

1 cr

(3)

Areas of Concentration

 

6 credits

 

(d)       Construction Trades certificates of proficiency include:

Carpentry

Electricity

Masonry

Plumbing

 

Requirements:

 

(1)

Core Course Requirements

 

9 credits

 

English

 

3 cr

 

Mathematics

 

3 cr

 

HI 255

Northern Marianas History

3 cr

(2)

General Construction Trades Requirements

 

10 credits

 

CT 101

Basic Carpentry

3 cr

 

CT 120

Basic Masonry

2 cr

 

CT 130

Basic Plumbing

2 cr

 

CT 150

Basic Electricity

3 cr

(3)

Areas of Concentration

 

9-12 credits

 

(e)       Adult Education Teaching certificate of proficiency

 

Requirements:

 

(1)

Core Course Requirements

 

3 cr

 

HI 255

History of NMI

3 cr

(2)

General Adult Education Teaching Requirements

 

6 credits

 

ED 110

Introduction to Teaching

3 cr

 

ED 201

Human Growth & Development

3 cr

(3)

Areas of Concentration

 

13 credits

 

AE 101

Introduction to Adult Education

3 cr

 

AE 220

Adult Psychology

3 cr

 

AE 233

Methods of Teaching Adult Learners

3 cr

 

ID 298

Internship

4 cr

 

Modified, 1 CMC § 3806(f).

 

History: Adopted 6 Com. Reg. 3143 (Sept. 15, 1984); Proposed 6 Com. Reg. 2948 (July 16, 1984).

 

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

 

Part 500 -       Financial Aid Policy

 

§ 95-20.1-501 Purpose

 

There is hereby established by the Board of Regents a post-secondary education financial assistance fund for the purposes of aiding eligible applicants who desire postsecondary education within and without the Commonwealth through grants, loans and/or scholarships. In providing such financial assistance, it is the intent of the Board to supplement, not re-place, other sources of financial assistance which may be available to the student.

 

History: Adopted 7 Com. Reg. 3796 (July 22, 1985); Proposed 7 Com. Reg. 3682 (May 21, 1985).

 

Commission Comment: Executive Order 94-3 (effective August 23, 1994) reorganized the Commonwealth government executive branch, changed agency names and official titles and effected numerous other revisions. According to Executive Order 94-3 § 211:

 

Section 211. Scholarships.

 

(a)          All functions of the Northern Marianas College Board of Regents relating to student scholarships, except those donated, bequeathed, or granted to the College by parties outside the Commonwealth Government, are transferred to the Office of the Governor.

 

(b)          There is hereby established in the Office of the Governor a Scholarship Advisory Board consisting of nine members who shall be appointed by and serve at the pleasure of the Governor. At least two of the members shall be from Tinian, and at least two from Rota. Not more than five of the board members shall be associated with a single political party. The Board shall review applications for scholarships and make recommendations to the Governor with respect thereto. The Board shall also recommend objective standards for the award of scholarships. The provisions of [PL 8-41] shall not apply to the Board.

 

(c)          As used in this section, the term “scholarships” includes student grants, student loans, and other programs of student financial assistance.

 

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

 

The Northern Marianas College Board of Regents first proposed a Financial Aid Policy in 1983. See 5 Com. Reg. 2458 (Oct. 20, 1983). A notice of adoption for the 1983 policy was never published. Prior to the creation of the Scholarship Advisory Board and the promulgation of the 1999 regulations, the Northern Marianas College Board of Regents administered a “Financial Aid for Off-island Students Policy” pursuant to the authority of 3 CMC § 1316(d). The history of the Financial Aid for Off-island Students Policy is as follows: Adopted 15 Com. Reg. 10718 (July 15, 1993); Proposed 15 Com. Reg. 10593 (May 15, 1993).

 

§ 95-20.1-505 Definitions

 

The following terms whenever used in this policy shall be the meanings given below, except when the context clearly requires otherwise:

 

(a)       “Board” means the Board of Regents.

 

(b)       “Committee” means the Financial Aid Committee which shall be comprised of four voting members: one to represent Tinian, one to represent Rota, one to represent Saipan and the Chairman of the Fiscal Affairs Committee of the Board. In addition, the College’s Financial Aid Specialist will serve as an ex-officio member. The Chairman of the Board in consultation with the President will appoint the members to represent Rota, Tinian and Saipan.

 

(c)       “Scholarship” means financial assistance awarded to students on the basis of superior academic ability and scholastic achievement: a minimum grade point average of 3.25 is required.

 

(d)       “Grant” means financial assistance awarded to students who maintain a minimum cumulative grade point average of 2.0.

 

(e)       “Loan” means financial assistance awarded to students with an obligation by the recipients to repay under the terms and conditions established by the Board: a minimum cumulative grade point average of 2.0 is required.

 

Modified, 1 CMC § 3806(f).

 

History: Adopted 7 Com. Reg. 3796 (July 22, 1985); Proposed 7 Com. Reg. 3682 (May 21, 1985).

 

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

 

§ 95-20.1-510 Responsibilities of the Committee

 

The responsibilities of the Committee are:

 

(a)       To determine the levels and types of financial assistance.

 

(b)       To review and take action on financial assistance applications compiled by the Financial Aid Office.

 

(c)       To report to the Board its actions after each regular and special meeting.

 

Modified, 1 CMC § 3806(f).

 

History: Adopted 7 Com. Reg. 3796 (July 22, 1985); Proposed 7 Com. Reg. 3682 (May 21, 1985).

 

§ 95-20.1-515 By-laws of the Committee

 

The Committee shall operate as follows:

 

(a)       The presence of at least three members shall constitute a quorum.

 

(b)       All acts of the Committee shall be voted for by at least a simple majority.

 

(c)       Regular meetings shall be called in August and December annually. Special meetings may be called by the Fiscal Affairs Committee Chairman as needed.

 

(d)       The Committee may adopt or amend any by-laws as they see necessary.

 

Modified, 1 CMC § 3806(f).

 

History: Adopted 7 Com. Reg. 3796 (July 22, 1985); Proposed 7 Com. Reg. 3682 (May 21, 1985).

 

§ 95-20.1-520 Financial Aid Office

 

A section within the Financial Aid Office of the Northern Marianas College is established for the following purposes:

 

(a)       To provide financial assistance to eligible applicants who are or will be attending a post-secondary institution within or without the Commonwealth.

 

(b)       To process applications and recommend applicants.

 

(c)       To maintain accurate and up-to-date files on students.

 

(d)       To prepare reports on the status of funds and students receiving financial assistance for submission to the Board.

 

Modified, 1 CMC § 3806(f).

 

History: Adopted 7 Com. Reg. 3796 (July 22, 1985); Proposed 7 Com. Reg. 3682 (May 21, 1985).

 

§ 95-20.1-525 Funding

 

The Financial Aid Office will receive funds through appropriations by the Legislature, gifts, bequests, donations or other lawfully made contributions to the Commonwealth and the Northern Mariana Islands Student Financial Assistance Program. Unless otherwise specified, these funds shall be divided into three categories:

 

(a)       Grant Program.

 

(b)       Loan Program.

 

(c)       Scholarship Program.

 

History: Adopted 7 Com. Reg. 3796 (July 22, 1985); Proposed 7 Com. Reg. 3682 (May 21, 1985).

 

§ 95-20.1-530 Maintenance of Funds

 

(a)       Funds received through appropriations by the Legislature will be kept in a trust fund of the College. The Financial Aid Specialist, CNMI and the Director of Financial Aid will have access to the fund. A memorandum of request for payment will be forwarded to the Dean of Administration and Business Affairs. The memorandum of request for payment will include the names of recipients, amount and type(s) of aid the recipient is to receive and the account(s) to be charged.

 

(b)       Funds received through gifts, bequests, donations, etc., will be kept under separate accounts at the Business Office of the Northern Marianas College. The Director of Financial Aid will have access to the fund. A memorandum of request for payment will be submitted to the Dean, Administration and Business Affairs when appropriate. The memorandum of request for payment will include the names of recipients, amount and type(s) of aid the recipient is to receive and the account(s) to be charged.

 

Modified, 1 CMC § 3806(f).

 

History: Adopted 7 Com. Reg. 3796 (July 22, 1985); Proposed 7 Com. Reg. 3682 (May 21, 1985).

 

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

 

§ 95-20.1-535 Eligibility Criteria for Financial Assistance

 

No person shall receive a grant, loan, scholarship or a combination award unless they meet the following criteria:

 

(a)       Citizenship: The person shall not be an alien as defined in § 3(a) of PL 3-105.

 

(b)       Residency: The person shall be a resident of the Commonwealth as defined herein:

(1)       A dependent student is a resident of the state or territory where his parents reside.

(2)       Dependency is defined as a student who lived with the parents for more than six weeks in a calendar year, whose parents claimed the student as a U.S. income tax exemption, and who received more than $750 worth of support from the parents.

(3)       An independent student must have five years of actual continuous residence in the CNMI prior to the leaving of the Commonwealth for purposes of going to school.

(4)       Independent students who come to the CNMI for the purpose of pursuing higher education must be in continuous residence for 12 months to be considered CNMI residents.

 

(c)       Applied for Federal Financial Assistance: Any person who applies for CNMI financial assistance shall provide proof that he has applied first for federal financial assistance.

 

(d)       Enrollment: An applicant must be admitted or enrolled in an accredited or CNMI government funded post-secondary institution. The applicant must maintain a full-time course of study (as defined by that institution) during the academic school year except those students attending a CNMI government funded post-secondary institution.

 

(e)       Minimum Scholastic Achievement:

(1)       An applicant must have a cumulative grade point average of 2.0 on a 4.0 system.

(2)       Exceptions:

(i)        New Incoming Freshmen.

An applicant who will be attending a post-secondary institution or program will be considered for financial assistance even if his/her grade point average (GPA) is below the 2.0 GPA requirement. The applicant is given two semesters or three quarters to raise his/her GPA to the 2.0 GPA requirement.

(ii)       Returning Student:

(A)      An applicant who is returning after being away from school for at least one academic year and has a GPA of less than 2.0 will be considered for financial assistance. He/she will have two semesters or three quarters to raise his/her GPA to the 2.0 GPA requirement.

(B)       If the recipient, after the two semesters or three quarters, failed to raise his/her cumulative GPA to 2.0, financial assistance for subsequent quarters/semesters will be discontinued.

 

(f)        Limited Duration: Eligible students may receive CNMI financial assistance for no more than 4.5 years except when enrolled in a 5-year program as undergraduate students, or for 2 years when enrolled as graduate students.

 

(g)       Prohibited Courses of Study: Eligible students may not major in a course of study leading to degrees in divinity, theology, or religious education.

 

Modified, 1 CMC § 3806(e), (f).

 

History: Adopted 7 Com. Reg. 3796 (July 22, 1985); Proposed 7 Com. Reg. 3682 (May 21, 1985).

 

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

 

§ 95-20.1-540 Conditions of Receipt of Award

 

No grant, loan, scholarship or combination thereof shall be provided unless:

(a)       The student first obligates himself to reside within the CNMI and apply the skills/knowledge acquired for a period equal to that for which financial assistance was provided.

 

(b)       The student shall sign a “statement of educational purpose” affirming that any funds received will be used solely for expenses related to attendance at the institution.

 

(c)       The student shall not be in default on any CNMI educational loan.

 

Modified, 1 CMC § 3806(f).

 

History: Adopted 7 Com. Reg. 3796 (July 22, 1985); Proposed 7 Com. Reg. 3682 (May 21, 1985).

 

§ 95-20.1-545 Application Process

 

The following procedures must be followed to apply for a grant, loan, scholarship or combination thereof:

(a)       New applicants must submit:

(1)       Application,

(2)       Recent official transcript mailed directly to the NMC Financial Aid Office from the Registrar’s Office at last institution attended,

(3)       An official letter as proof of admission,

(4)       Proof of application for federal financial assistance, and

(5)       Copy of documents establishing citizenship status as defined in § 95-20-535(a).

 

(b)       Continuing applicants must submit:

Up-to-date official transcript or grade reports for prior term postmarked no later than January 20th.

 

(c)       Applications for the fall semester must be postmarked by July 15th and applications for the spring semester must be postmarked by November 15th.

 

(d)       For those students who are able to attend school for the summer term only due to the nature of employment within the CNMI may be eligible for financial assistance.

 

Modified, 1 CMC § 3806(c), (f).

 

History: Adopted 7 Com. Reg. 3796 (July 22, 1985); Proposed 7 Com. Reg. 3682 (May 21, 1985).

 

§ 95-20.1-550 Procedure for Review

 

(a)       A completed application shall be processed by the Financial Aid Office.

 

(b)       The completed application shall be transmitted to the Committee for final review.

 

History: Adopted 7 Com. Reg. 3796 (July 22, 1985); Proposed 7 Com. Reg. 3682 (May 21, 1985).

 

§ 95-20.1-555 Appeal

 

An applicant may appeal a disapproval to the Board of Regents. The following procedure must be followed:

 

(a)       Application consists of:

(1)       Letter of grievances; the reasons for petitioning the Board for special consideration must be stated;

(2)       Documents supporting the petition for special consideration; a letter from a doctor, instructor, or other school officials;

(3)       Remedial course of action the student plans to take in order to meet any of the requirements that were not met and which led to the denial of financial assistance.

 

(b)       Application for an appeal must be made within 14 days of the receipt of the notification of the disapproval. It must be submitted to the Chairman of the Board of Regents.

 

(c)       The Board must decide on the appeal within 15 working days of receipt of the appeal application by the Chairman.

 

Modified, 1 CMC § 3806(f).

 

History: Adopted 7 Com. Reg. 3796 (July 22, 1985); Proposed 7 Com. Reg. 3682 (May 21, 1985).

 

§ 95-20.1-560 Scholarship Awards

 

(a)(1)   An award based upon scholarship will be in the following amounts per semester throughout the award period dependent upon the student’s grade point average (GPA) on a 4.0 scale.

(i)        3.51 - 4.00 GPA          $375.00

(ii)       3.25 - 3.50 GPA          $250.00

(2)       However, a student with the minimum number of hours per semester for full-time attendance who has a pass or credit for a course rather than an A through F or numerical grade will not be eligible to receive a scholarship based on that semester.

 

(b)       In the case of students attending a school on the quarter system the same rules apply, however, awards will be based only upon the performance during the fall and spring quarters.

 

Modified, 1 CMC § 3806(f).

 

History: Adopted 7 Com. Reg. 3796 (July 22, 1985); Proposed 7 Com. Reg. 3682 (May 21, 1985).

 

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

 

§ 95-20.1-565 Grant Awards

 

(a)       Definition: A grant means financial assistance awarded to students who maintain a minimum cumulative grade point average of 2.0.

 

(b)       Amount: Grants shall be the following per semester (or per half year for students on quarter system):

Undergraduate                         $700

Graduate                                 1,000

Professional                            1,000

 

History: Adopted 7 Com. Reg. 3796 (July 22, 1985); Proposed 7 Com. Reg. 3682 (May 21, 1985).

 

§ 95-20.1-570 Loans

 

(a)       Students may be eligible to receive loans up to the following amount per semester (or per half year for students on quarter system):

Undergraduate             $500

Graduate                     1,500

Professional                2,000

 

(b)       Loan recipients are required to execute a promissory note before release of loan check.

 

(c)       Loan repayments are subject to the following conditions:

(1)       A student who returns to the CNMI and is gainfully employed will receive a 10% cancellation against their principle* amount of loan per each year employed.

(2)       A student who is not employed within CNMI must repay the loan at the rate of 10% of the principle per year.

(3)       A student who is in default must pay the entire loan at 3% interest per year he is in default.

 

(d)       Loan becomes due and payable one year after the date of actual termination of formal studies.

 

(e)       In the event of the borrower’s death or total and permanent disability, the unpaid indebtedness hereunder shall be cancelled.

 

(f)        Upon the occurrence of default, the holder of the note shall have the right, at its option, and without notice, to declare the whole sum of principal and interest and any other indebtedness or obligation, immediately due and payable together with interest at the rate of 3% per annum on the total amount due, and no waiver of this right shall be effective unless in writing and signed by the holder.

 

* So in original.

 

Modified, 1 CMC § 3806(e), (f).

 

History: Adopted 7 Com. Reg. 3796 (July 22, 1985); Proposed 7 Com. Reg. 3682 (May 21, 1985).

 

§ 95-20.1-575 Change in Funding Levels

 

The Committee may change the award levels for loans, grants, and scholarships based on availability of funding upon filing of a notice of emergency regulation with the Registrar of Corporations in compliance with the CNMI Administrative Procedure Act [1 CMC §§ 9101, et seq.]. However, loans, grants, and scholarships already awarded shall not be affected.

 

History: Adopted 7 Com. Reg. 3796 (July 22, 1985); Proposed 7 Com. Reg. 3682 (May 21, 1985).

 

Commission Comment: The Commission changed “Procedures” to “Procedure” to correct a manifest error. The Commission inserted a comma after the word “grants” pursuant to 1 CMC § 3806(g).

 

Part 600 -       Retention and Promotion of Faculty

 

§ 95-20.1-601 Review of Proposed Promotions

 

All proposed promotions should be reviewed by the College Personnel Committee. The Committee has the responsibility for insuring that each retention and promotion file is complete, that is, it contains the necessary documentation of teaching performance, of student guidance-advisement activities, and of community service/educational leadership activities before submission to the President. The Committee’s recommendation will be forwarded to the President for the Board of Regents action.

 

History: Adopted 7 Com. Reg. 3974 (Sept. 16, 1985); Proposed 7 Com. Reg. 3879 (July 22, 1985).

 

Commission Comment: This part was promulgated as a three paragraph policy entitled “Retention and Promotion of Faculty.” For clarity and consistency in the administrative code, the Commission divided it into sections and created the section titles in part 600.

 

§ 95-20.1-605 Disapproval of Promotion

 

In case of disapproval of such a promotion, the President will inform the faculty member in writing and notify the Academic Vice-President. If promotion is denied, a faculty member may be retained in the same position for a period not to exceed six years. After six years, promotion must be granted or non-renewal notice must be given.

 

History: Adopted 7 Com. Reg. 3974 (Sept. 16, 1985); Proposed 7 Com. Reg. 3879 (July 22, 1985).

 

§ 95-20.1-610 Notification of Non-renewal

 

Notification of non-renewal shall be given six months in advance of the expiration date written on the contract agreement.

 

History: Adopted 7 Com. Reg. 3974 (Sept. 16, 1985); Proposed 7 Com. Reg. 3879 (July 22, 1985).

 

Part 700 -       Professional Staff Running for Political Office

 

§ 95-20.1-701 Professional Staff Running for Political Office

 

Professional staff, officers, and instructors employed by the college shall tender their resignation to the President within fourteen calendar days after being certified by the Board of Elections as an official candidate for political office.

 

History: Adopted 7 Com. Reg. 3974 (Sept. 16, 1985); Proposed 7 Com. Reg. 3879 (July 22, 1985).

 

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


 

SUBCHAPTER 95-20.2

FACILITIES MANAGEMENT POLICY

 

Subchapter Authority: 3 CMC § 1316.

 

Subchapter History: Proposed 27 Com. Reg. 23864 (Jan. 17, 2005).*

*Notice of adoption was not published.

 

Commission Comment: For a complete history of the authority of the Northern Marianas College Board of Regents see the general comment to chapter 10 of this title.

 

PL 4-34 (effective March 28, 1985), the “Post-secondary Education Act of 1984,” codified as amended at 3 CMC §§ 1301-1331, created the Northern Marianas College as a nonprofit public corporation, under the general control and direction of the Board of Regents of the Northern Marianas College. See 3 CMC § 1304; see also 3 CMC § 1311. 3 CMC § 1316 defines the duties of the Board of Regents and provides the Board the authority to adopt rules and regulations for the implementation of the act and its duties thereunder.

 

In January 2005, the Northern Marianas College Board of Regents published a notice proposing a “Facilities Management Policy” See 27 Com. Reg. 23864 (Jan. 17, 2005). A notice of adoption was not published. 27 Com. Reg. 23838 (Jan. 17, 2005); 27 Com. Reg. 23982 (Feb. 17, 2005).

 

[Reserved for future facilities management regulations]


 

 

SUBCHAPTER 95-20.3

POSTSECONDARY EDUCATION LICENSING POLICY

 


Part 001          General Provisions

§ 95-20.3-001 Constitutional and Statutory Authority

§ 95-20.3-005 Definitions

§ 95-20.3-010 Required License

§ 95-20.3-015 Exclusions

§ 95-20.3-020 Declaration of Intent

 

Part 100          License Application

§ 95-20.3-101 License Application

§ 95-20.3-105 Application Process

§ 95-20.3-110 Application Fee

 

Part 200          License Requirements

§ 95-20.3-201 License Requirements

§ 95-20.3-205 Physical Presence in the CNMI

§ 95-20.3-210 Defined-Mission; Suitable Purposes; and Identified Target Population

§ 95-20.3-215 Institutional Governing Capacity

§ 95-20.3-220 Financial Stability and Integrity

§ 95-20.3-225 Educational Programs of Acceptable Quality, Content, and Length

§ 95-20.3-230 Quality Teaching Faculty

§ 95-20.3-235 Sufficient Library and Learning Resources

§ 95-20.3-240 Adequate Student Support Services

§ 95-20.3-245 Administrative Services

 

Part 300          Licensing Decisions, Terms, Extensions; Supplemental Applications; Performance Bond; Complaints

§ 95-20.3-301 Need for Additional Information

§ 95-20.3-305 Notification of Decision

§ 95-20.3-310 Reconsideration

§ 95-20.3-315 Provisional License

§ 95-20.3-320 Term of License

§ 95-20.3-325 Requirements for Extension of License

§ 95-20.3-330 Supplemental Application/Substantive Application Modification

§ 95-20.3-335 Performance/Surety Bond

§ 95-20.3-340 Filing of Complaints

 

Part 400          Revocation or Suspension of Licenses

§ 95-20.3-401 Causes for Revocation or Suspension

§ 95-20.3-405 Procedure for Revocation or Suspension

§ 95-20.3-410 Emergency Suspension

 

Part 500          Miscellaneous Provisions

§ 95-20.3-501 Student Records

§ 95-20.3-505 Accreditation Status

§ 95-20.3-510 Hold Harmless; Indemnity

§ 95-20.3-515 Investigation


 

Subchapter Authority: 3 CMC § 1316(k).

 

Subchapter History: Adopted 28 Com. Reg. 26129 (Aug. 24, 2006); Proposed 28 Com. Reg. 25829 (June 19, 2006); Emergency and Proposed 28 Com. Reg. 25640 (May 19, 2006) (effective for 120 days from May 19, 2006); Proposed 27 Com. Reg. 23982 (Feb. 17, 2005).

 

Commission Comment: For a complete history of the authority of the Northern Marianas College Board of Regents see the general comment to chapter 10 of this title.

 

PL 4-34 (effective March 28, 1985), the “Post-secondary Education Act of 1984,” codified as amended at 3 CMC §§ 1301-1331, created the Northern Marianas College as a nonprofit public corporation, under the general control and direction of the Board of Regents of the Northern Marianas College. See 3 CMC § 1304; see also 3 CMC § 1311. 3 CMC § 1316 defines the duties of the Board of Regents and provides the Board the authority to adopt rules and regulations for the implementation of the act and its duties thereunder. 3 CMC § 1316(k) authorizes the Board of Regents “to serve as the official coordination agency of the Commonwealth for all postsecondary education within the Commonwealth, with power to license, limit, and otherwise regulate any postsecondary educational activities offered by any public or private agency.”

 

The regulations in this subchapter set forth the requirements and procedures for licensure of postsecondary educational institutions in the Commonwealth.

 

Part 001 -       General Provisions

§ 95-20.3-001 Constitutional and Statutory Authority

 

The CNMI Constitution, Article XV, Section 2(a) establishes that the Board of Regents “shall formulate policy relating to the higher education needs of the Commonwealth of the Northern Mariana Islands (CNMI).” 3 CMC § 1316(k) authorizes the Board of Regents “to serve as the official coordination agency of the Commonwealth for all postsecondary education within the Commonwealth, with power to license, limit, and otherwise regulate any postsecondary educational activities offered by any public or private agency.” Therefore, in accordance with its constitutional and statutory mandates, the Board of Regents sets forth the following policies, regulations, and procedures regarding the licensing of postsecondary educational institutions to operate in the CNMI.

 

Modified, 1 CMC § 3806(g).

 

History: Adopted 28 Com. Reg. 26129 (Aug. 24, 2006); Proposed 28 Com. Reg. 25829 (June 19, 2006); Emergency and Proposed 28 Com. Reg. 25640 (May 19, 2006) (effective for 120 days from May 19, 2006); Proposed 27 Com. Reg. 23982 (Feb. 17, 2005).

 

Commission Comment: The Commission moved the period inside the quotation marks in the first and second sentences.

 

§ 95-20.3-005 Definitions

 

(a)       “Board” shall mean the Board of Regents (BOR), which is the official coordinating agency for all postsecondary educational activities in the Commonwealth of the Northern Mariana Islands.

 

(b)       “License” shall mean the granting of permission, by the Board of Regents, for a postsecondary educational institution to operate in the CNMI for a period to be determined by the BOR.

 

(c)       “Provisional License” shall mean the initial granting of permission, by the Board of Regents, for a postsecondary educational institution to operate in the CNMI for a period of one year, during which time outstanding requirements for obtaining a license must be met:

(1)       Provided that if the applicant states it will begin registering and providing classes for students, the applicant be in all respects qualified, capable, and have all necessary personnel, facilities, support staff, and other resources to provide the quality of academic and other services stated in the catalog and curriculum, and be so certified by the BOR; and,

(2)       Provided that no tuition, room and board, registration, or other fees and costs be collected from any student until the applicant meets § 95-20.3-005(c)(1). The applicant may conduct public awareness activities and recruitment activities subject to § 95-20.3-005(c)(2).

 

(d)       “Postsecondary institution” shall mean a public or nonpublic (not-for-profit or for-profit) postsecondary educational institution offering courses or programs beyond high school leading to a certificate or a degree. This includes, but is not limited to, vocational organizations e.g. “Saipan Institute of Jet Engine Maintenance.” This may also include, but is not limited to, institutions which use terms such as “school” in their title e.g. “Saipan Business School.”

 

(e)       “College” shall mean an institution of higher education offering instruction and granting degrees, a bachelor’s degree after a four-year course of study, or an associate degree after a two-year course of study, in any of several specialized courses in some academic area, profession, or occupation.

 

(f)        “University” shall mean a postsecondary educational institution with one or more undergraduate colleges, together with a program of graduate studies and a number of professional schools, and authorized to confer various degrees, as the bachelor’s, master’s, and doctor’s.

 

(g)       “Out-of-state institution” shall mean any college, university, community college, technical institute, or the equivalent that awards a certificate, an associate or higher degree and is controlled by a public or private body organized outside the CNMI.

 

(h)       “Distance education” shall mean that there is physical separation of the instructor and student. The means of communication can be in many forms including, but not limited to, paper correspondence, video, audio, teleconference, internet or any combination thereof.

 

(i)        “Catalog” shall mean a published accurate document which includes but is not limited to the mission and philosophy statements of the applicant institution; a detailed list with appropriate description of each degree, certificate, or certification offered along with details of each course to be taught; a description of the institution facilities and services, academic support services; details of application processes and costs for services to be provided; a list of teaching faculty with appropriate titles and qualifications information, and a list of administrative and other support personnel with their titles and qualifications; how students are to be graded; and other information commonly found in a U.S. postsecondary institution.

 

(j)        “Course” shall mean a college-level course offered for credit with specific curriculum, educational objectives, course requirements; and the appropriate accompanying academic, faculty, and other educational support services.

 

(k)       “Certificate or degree program” shall mean a sequence or combination of courses which, upon satisfactory completion thereof, leads to the award of an educational certificate, diploma, or degree.

 

(l)        “Physical presence in the Northern Mariana Islands” shall be evidenced by securing all legal permits and documents required for operating in the CNMI and showing proof of arrangements for use of physical facilities which will house the institution, including its educational activities.

 

Modified, 1 CMC § 3806(c), (f), (g).

 

History: Adopted 28 Com. Reg. 26129 (Aug. 24, 2006); Proposed 28 Com. Reg. 25829 (June 19, 2006); Emergency and Proposed 28 Com. Reg. 25640 (May 19, 2006) (effective for 120 days from May 19, 2006); Proposed 27 Com. Reg. 23982 (Feb. 17, 2005).

 

Commission Comment: In subsection (b), the Commission inserted “of” between “Board” and “Regents.” The Commission moved the periods inside the quotation marks in subsection (d). The Commission removed the semi-colon after the first occurrence of “and” in subsection (j) to correct a manifest error.

 

§ 95-20.3-010 Required License

 

A license is required for any postsecondary education provider, except as provided for under § 95-20.3-015, that:

 

(a)       Offers or conducts one or more courses or certificate/degree programs; or

 

(b)       Offers or conducts training toward a vocational end; or

 

(c)       Offers an educational credential, and whose required length of study is one semester or more.

 

A license is also required for any out-of-state institution (including any distance education provider) that has a physical presence in the Northern Mariana Islands, except as provided for under § 95-20.3-015(f).

 

Modified, 1 CMC § 3806(c).

 

History: Adopted 28 Com. Reg. 26129 (Aug. 24, 2006); Proposed 28 Com. Reg. 25829 (June 19, 2006); Emergency and Proposed 28 Com. Reg. 25640 (May 19, 2006) (effective for 120 days from May 19, 2006); Proposed 27 Com. Reg. 23982 (Feb. 17, 2005).

 

§ 95-20.3-015 Exclusions

 

The license requirements laid out herein shall not apply to:

 

(a)       Offering of a short course in which instruction for the segment takes no more than twenty classroom hours;

 

(b)       Offering of courses or programs on a military installation solely for military personnel or civilians employed on such installation;

 

(c)       Offering of courses or programs towards professional certification, taught by instructors who are professionally certified in their respective fields, by a nationally or internationally recognized body, including but not limited to, dive instruction, skydiving instruction, driving school, firearms training, CPR certification, and first aid instruction.

 

(d)       Training that is exclusively for self-improvement or personal or professional enrichment and is non-vocational and not for credit toward a certificate or degree;

 

(e)       Training that is offered free to certain select groups of students, such as closed enrollment classes for a company’s or government employees and arranged through private contracts; or

 

(f)        Offering, by an accredited out-of-state institution, of one or more courses or programs in partnership with a college in the CNMI that has been licensed by the Board of Regents.

 

Modified, 1 CMC § 3806(f), (g).

 

History: Adopted 28 Com. Reg. 26129 (Aug. 24, 2006); Proposed 28 Com. Reg. 25829 (June 19, 2006); Emergency and Proposed 28 Com. Reg. 25640 (May 19, 2006) (effective for 120 days from May 19, 2006); Proposed 27 Com. Reg. 23982 (Feb. 17, 2005).

 

Commission Comment: The Commission made “field” plural and changed “fire-arms” to “firearms” in subsection (c) to correct manifest errors.

 

§ 95-20.3-020 Declaration of Intent

 

Any institution of higher education planning to offer any credit-bearing course or degree program in the Northern Mariana Islands, except as provided for under § 95-20.3- 015, shall inform the Board of Regents of such intent by letter. This declaration of intent shall at the minimum include the following:

 

(a)       Proposed name of the institution planning to deliver such educational offerings;

 

(b)       Brief description of the scope of the institution’s proposed educational offerings;

 

(c)       Date the institution plans to begin instruction;

 

(d)       Names, telephone numbers, and addresses of principal contact persons/organizations for use by the Board for communication purposes during the application phase;

 

(e)       Date the institution expects to submit its application with accompanying required documentation;

 

(f)        A certified financial statement of the planned institution, and,

 

(g)       A detailed description of the proposed facilities in which academic, administrative, housing, and other student and institution services will take place, including a detailed description of the proposed library.

 

Modified, 1 CMC § 3806(c), (f), (g).

 

History: Adopted 28 Com. Reg. 26129 (Aug. 24, 2006); Proposed 28 Com. Reg. 25829 (June 19, 2006); Emergency and Proposed 28 Com. Reg. 25640 (May 19, 2006) (effective for 120 days from May 19, 2006); Proposed 27 Com. Reg. 23982 (Feb. 17, 2005).

 

Commission Comment: The Commission designated subsection (c), which was not designated in the original.

 

Part 100 -       License Application

 

§ 95-20.3-101 License Application

 

Prior to offering any credit-bearing course or degree program at the postsecondary level in the Northern Mariana Islands, except as provided for under § 95-20.3-015, the institution shall apply to the Board of Regents for, and receive, a license to operate in the CNMI.

 

Modified, 1 CMC § 3806(c).

 

History: Adopted 28 Com. Reg. 26129 (Aug. 24, 2006); Proposed 28 Com. Reg. 25829 (June 19, 2006); Emergency and Proposed 28 Com. Reg. 25640 (May 19, 2006) (effective for 120 days from May 19, 2006); Proposed 27 Com. Reg. 23982 (Feb. 17, 2005).

 

§ 95-20.3-105 Application Process

 

(a)       The application materials may be obtained from the Office of the Board of Regents on Saipan. The application/licensing process includes:

(1)       Submitting the application to the Office of the Board according to established deadlines;

(2)       Securing required official documents, certifications and bond(s);

(3)       Paying all applicable fees; and

(4)       Meeting all requirements laid out in § 95-20.3-020 and § 95-20.3-201.

 

(b)       All applications are reviewed in a three-tier process, first by Board staff, second by a Committee designated by the Board, and finally by the Board of Regents. Final approval of the application by the Board is required before the applicant may begin:

(1)       Officially registering students into the proposed institution;

(2)       Collecting any costs or fees related to attendance from any students who have been preliminarily registered;

(3)       Collecting or causing to be collected of any recruitment or related fees from students from applicant officials or their agents either directly or indirectly;

(4)       Bringing students from outside the CNMI into the CNMI; and,

(5)       Conducting marketing or recruitment activities in or outside of the Commonwealth of the Northern Mariana Islands (CNMI).

 

(c)       The application must be submitted according to established deadlines to be considered at one of the Board’s quarterly meetings. Applicants may contact the Office of the Board to obtain a current list of filing deadlines.

 

(d)       The program committee of the Board will not commence its review of the application until the applicant submits all required documentation to the Office of the Board, as certified by the Board or their designee.

(1)       Such certification shall be not later than two months prior to a regularly scheduled Board meeting in January, April, July, or October.

(2)       Should such deadline not be met, the application review will not commence; and, the applicant may not begin operations including but not limited to, official registration of students, collection of costs and fees from potential students, or bringing potential students into the CNMI, until prior to the next quarterly meeting and shall be in accordance with the schedule laid out in the license application process and timeline.

 

(e)       The Board shall make a determination regarding the application at its quarterly meeting applicable for the date of submission of the application.

 

Modified, 1 CMC § 3806(c), (f), (g).

 

History: Adopted 28 Com. Reg. 26129 (Aug. 24, 2006); Proposed 28 Com. Reg. 25829 (June 19, 2006); Emergency and Proposed 28 Com. Reg. 25640 (May 19, 2006) (effective for 120 days from May 19, 2006); Proposed 27 Com. Reg. 23982 (Feb. 17, 2005).

 

Commission Comment: The Commission changed the commas at the end of subsections (a)(1)-(3)

to semi-colons. The Commission removed the “of” before “any” in subsection (b)(3) to correct a manifest error. Some of the original paragraphs in this section were not designated. The Commission designated subsections (a), (b), (c), (d), (d)(1), (d)(2), (e).

 

§ 95-20.3-110 Application Fee

 

(a)       A nonrefundable application fee to cover administrative costs shall be submitted to the Board with each application. Resubmission of the application following its withdrawal by an applicant requires an additional application fee. Refer to § 95-20.3-330 of this subchapter. The nonrefundable fees are established as follows:

(1)       $10,000 for credit bearing course offerings of degree programs or the like (refer to § 95-20.3-005 Definitions);

(2)       $5,000 for programs of 40 hours or more, but less than degree requirements, of training courses and/or certification of completion programs or the like; and,

(3)       $2,500 for programs of 20 hours or more of training courses/* or certification of completion programs or the like.

 

(b)       Exclusion. In the event that the Board denies the applicant a license, the Board may, at the time of the denial, determine that the application fee may be waived for resubmission of an application, in whole or in part, provided that the resubmission occurs within three months of the date of denial.

 

* So in original.

 

Modified, 1 CMC § 3806(c), (f).

 

History: Adopted 28 Com. Reg. 26129 (Aug. 24, 2006); Proposed 28 Com. Reg. 25829 (June 19, 2006); Emergency and Proposed 28 Com. Reg. 25640 (May 19, 2006) (effective for 120 days from May 19, 2006); Proposed 27 Com. Reg. 23982 (Feb. 17, 2005).

 

Commission Comment: The Commission designated subsections (a) and (b), which were not designated in the original.

 

Part 200 -       License Requirements

 

§ 95-20.3-201 License Requirements

 

In order to obtain a license to operate as a postsecondary educational institution in the CNMI, an entity must meet the following requirements:

 

(a)       Appropriate and adequate physical institutional facilities in the CNMI necessary to carry out their stated mission, programs, and services;

 

(b)       Defined mission, suitable purposes, and identified target population;

 

(c)       Institutional governing capacity;

 

(d)       Financial stability and integrity;

 

(e)       Educational programs of acceptable quality, content, and length;

 

(f)        Quality teaching faculty;

 

(g)       Sufficient library, learning, and other educational resources;

 

(h)       Adequate support services and resources; and,

 

(i)        Adequate administrative services and resources.

 

All of these criteria but not limited to, § 95-20.3-005 including § 95-20.3-005(i), must be detailed in a printed catalog provided to the Board of Regents with the application, provided to each potential student prior to registration, and available to the public.

 

Modified, 1 CMC § 3806(c), (f).

 

History: Adopted 28 Com. Reg. 26129 (Aug. 24, 2006); Proposed 28 Com. Reg. 25829 (June 19, 2006); Emergency and Proposed 28 Com. Reg. 25640 (May 19, 2006) (effective for 120 days from May 19, 2006); Proposed 27 Com. Reg. 23982 (Feb. 17, 2005).

 

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

 

§ 95-20.3-205 Physical Presence in the CNMI

 

(a)       Evaluation criteria:

(1)       The institution has the required legal documents to operate in the CNMI;

(2)       The institution has sufficient and adequate facilities to serve its educational purposes.

 

(b)       Required documentation and verification:

(1)       Sole proprietorship:

(i)        CNMI business license;

(ii)       CNMI taxpayer ID number and tax clearance certification from the CNMI Department of Revenue and Taxation;

(iii)      Identification and description of physical facilities to be used by the institution, with designation of principal use of each facility or portion of facility (e.g., administrative, instructional, library);

(iv)      Copies of the deed, lease, and/or rental agreements, the length of which shall be for a minimum of three years, for all property, buildings and other facilities to be used by the applicant to provide academic and support services described in the letter of intent,

application, and catalog;

(v)       Once licensed the licensee must notify the BOR when there is a material change in a rental, lease, or other agreement which affects the buildings, facilities, or contractual support for the institution within 5 working days of such change to include but not be limited to e.g. a rental or lease agreement being terminated for whatever reason (refer to §§ 95-20.3-340, 401 and 405);

(vi)      Any change which in the opinion of the BOR or its designee affects adversely the ability of the licensee to provide educational and/or support services required under the license shall be required to be rectified, to the satisfaction of the BOR within 5 working days of the adverse situation. Failure to do so may result in suspension of the license by the BOR (refer to §§ 95-20.3-340, 401 and 405);

(vii)     A site visit by the program committee or their designee to compare what is described in the applicant submission documents for licensure, with actual physical and related institution facilities; and,

(viii)    A prescreening background check shall be conducted of applicants to include but not be limited to criminal record, credit report, and reference reviews and checks.

(2)       Partnership:

(i)        CNMI business license;

(ii)       CNMI taxpayer ID number and tax clearance certification from the CNMI Department of Revenue and Taxation;

(iii)      Partnership agreement;

(iv)      Identification and description of physical facilities to be used by the institution, with designation of principal use of each facility or portion of facility (e.g., administrative, instructional, library);

(v)       Copies of the deed, lease, and/or rental agreements, the length of which shall be for a minimum of three years, for all property, buildings and other facilities to be used by the applicant to provide academic and support services described in the letter of intent, application, and catalog;

(vi)      Once licensed the licensee must notify the BOR when there is a material change in a rental, lease, or other agreement which affects the buildings, facilities, or contractual support for the institution within 5 working days of such change to include but not be limited to e.g. a rental or lease agreement being terminated for whatever reason;

(vii)     Any change which in the opinion of the BOR or its designee affects adversely the ability of the licensee to provide educational and/or support services required under the license shall be required to be rectified, to the satisfaction of the BOR within 5 working days of the adverse situation. Failure to do so may result in suspension of the license by the BOR (refer to §§ 95-20.3-340, 401 and 405);

(viii)    A site visit by the program committee or their designee will compare what is described in the applicant submission documents for licensure, with actual physical and related institution facilities; and,

(ix)      A prescreening background check shall be conducted of applicants to include but not be limited to criminal record, credit report, and reference reviews and checks.

(3)       Corporation:

(i)        CNMI business license;

(ii)       CNMI incorporation documents certified by the Registrar of Corporations if incorporated in the CNMI;

(iii)      CNMI certificate of authority from the Registrar of Corporations if a foreign corporation;

(iv)      Corporate articles and by-laws;

(v)       CNMI taxpayer ID number and tax clearance certification from the CNMI Department of Revenue and Taxation;

(vi)      Identification and description of physical facilities to be used by the institution, with designation of principal use of each facility or portion of facility (e.g. administrative, instructional, library);

(vii)     Copies of the deed, lease, and/or rental agreements, the length of which shall be for a minimum of three years, for all property, buildings and other facilities to be used by the applicant to provide academic and support services described in the letter of intent, application, and catalog;

(viii)    Once licensed the licensee must notify the BOR when there is a material change in a rental, lease, or other agreement which affects the buildings, facilities; or contractual support for the institution within 5 working days of such change to include but not be limited to e.g. a rental or lease agreement being terminated for whatever reason;

(ix)      Any change which in the opinion of the BOR or its designee affects adversely the ability of the licensee to provide educational and/or support services required under the license shall be required to be rectified to the satisfaction of the BOR within 5 working days of the adverse situation. Failure to do so may result in suspension of the license by the BOR (refer to §§ 95-20.3-340, 401 and 405);

(x)       A site visit by the program committee or their designee to compare what is described in the applicant submission documents for licensure, with actual physical and related institution facilities; and,

(xi)      A prescreening background check shall be conducted of applicants to include but not be limited to criminal record, credit report, and reference reviews and checks, including background checks of the stockholders, directors, and officers of the corporation.

(4)       Limited Liability Company (LLC):

(i)        CNMI business license;

(ii)       CNMI incorporation documents certified by the Registrar of Corporations if incorporated in the CNMI and if one or more members of the LLC are corporations;

(iii)      CNMI certificate of authority from the Registrar of Corporations if a foreign corporation and if one or more members of the LLC are corporations;

(iv)      The partnership agreement or limited partnership agreement if one or more members of the LLC are partners;

(v)       LLC articles of organization, and operating agreement, if any;

(vi)      CNMI taxpayer ID number and tax clearance certification from the CNMI Department of Revenue and Taxation;

(vii)     Identification and description of physical facilities to be used by the institution, with designation of principal use of each facility or portion of facility (e.g. administrative, instructional, library);

(viii)    Copies of the deed, lease, and/or rental agreements, the length of which shall be for a minimum of three years, for all property, buildings and other facilities to be used by the applicant to provide academic and support services described in the letter of intent, application, and catalog;

(ix)      Once licensed the licensee must notify the BOR when there is a material change in a rental, lease, or other agreement which affects the buildings, facilities, or contractual support for the institution within 5 working days of such change to include but not be limited to e.g. a rental or lease agreement being terminated for whatever reason;

(x)       Any change which in the opinion of the BOR or its designee affects adversely the ability of the licensee to provide educational and/or support services required under the license shall be required to be rectified, to the satisfaction of the BOR within 5 working days of the adverse situation. Failure to do so may result in suspension of the license by the BOR (refer to §§ 95-20.3-340, 401 and 405);

(xi)      A site visit by the program committee or their designee to compare what is described in the applicant submission documents for licensure, with actual physical and related institution facilities; and,

(xii)     A prescreening background check shall be conducted of applicants to include but not be limited to criminal record, credit report, and reference reviews and checks, including background checks of the stockholders, directors, and officers of the LLC.

 

(c)       Ancillary agreements and contracts

In the case of § 95-20.3-205(b)(1)-(b)(4), the applicant, prior to registering students, must have signed contracts, which must include but are not limited to educational facilities, faculty, student, and other support services which must include but is not limited to:

(1)       Facilities and maintenance and cleaning of dorms;

(2)       Utilities and communication services including phone and internet; and

(3)       Administrative staff.

 

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

 

History: Adopted 28 Com. Reg. 26129 (Aug. 24, 2006); Proposed 28 Com. Reg. 25829 (June 19, 2006); Emergency and Proposed 28 Com. Reg. 25640 (May 19, 2006) (effective for 120 days from May 19, 2006); Proposed 27 Com. Reg. 23982 (Feb. 17, 2005).

 

Commission Comment: The Commission inserted a semi-colon at the end of subsection (b)(1)(i). The Commission removed the apostrophe after “documents” in subsection (b)(3)(x).

 

§ 95-20.3-210 Defined-Mission; Suitable Purposes; and Identified Target Population

 

(a)       Evaluation criteria:

(l)        The institution has a clearly defined mission appropriate for a postsecondary educational institution and for its intended constituency;

(2)       The institution’s purposes are suitable to the public interest of the CNMI; and,

(3)       The institution’s target population is identified.

 

(b)       Required documentation:

(l)        Statement of mission for the institution;

(2)       List of purposes for the institution; and

(3)       Description of the population to be served by the institution.

 

History: Adopted 28 Com. Reg. 26129 (Aug. 24, 2006); Proposed 28 Com. Reg. 25829 (June 19, 2006); Emergency and Proposed 28 Com. Reg. 25640 (May 19, 2006) (effective for 120 days from May 19, 2006); Proposed 27 Com. Reg. 23982 (Feb. 17, 2005).

 

§ 95-20.3-215 Institutional Governing Capacity

 

(a)       Evaluation criteria:

(l)        The institution has a governing entity whose responsibilities are clearly stated;

(2)       Among the governing entity’s responsibilities are those that ensure institutional integrity and that the institution is engaged in activities designed to carry out its stated mission and purposes;

(3)       The governing entity is sufficient in size and composition to meet its stated responsibilities;

(4)       The institution has a chief executive officer with defined responsibilities and sufficient qualifications to meet those responsibilities;

(5)       The institution has an organizational structure sufficient to manage its affairs.

 

(b)       Required documentation:

(1)       Governing entity articles and by-laws (for a corporation) and statement of board responsibilities;

(2)       Biographical information for members of the governing entity of educational institution and business owners, which shall include academic achievements and previous experience appropriate for a member, and also including the primary home address of each member and country of residence; in the case where a member’s domicile or primary residence is not in the CNMI, a statement as to how the member(s) will effectively meet their governing, oversight, and guidance responsibilities; and,

(3)       Biographical information and responsibility of the chief executive officer of the institution, including academic achievement and educational experience, as well as documentation of domicile in the CNMI:

(i)        In the case where degrees are awarded by a non U.S. postsecondary institution(s) of higher education documentation must be provided as to the degree awarding credentials and authority of the non U.S. institution; and,

(ii)       Table of organization, including names and biographical information of those who will fill the positions.

 

Modified, 1 CMC § 3806(f).

 

History: Adopted 28 Com. Reg. 26129 (Aug. 24, 2006); Proposed 28 Com. Reg. 25829 (June 19, 2006); Emergency and Proposed 28 Com. Reg. 25640 (May 19, 2006) (effective for 120 days from May 19, 2006); Proposed 27 Com. Reg. 23982 (Feb. 17, 2005).

 

§ 95-20.3-220 Financial Stability and Integrity

 

(a)       Evaluation criteria:

(1)       The institution’s proposed budgets, financial resources, and funding base are adequate to support its mission, purposes, and programs; and,

(2)       The institution ensures its financial integrity by making provision for timely and regular external fiscal audits of

(i)        Its financial records, and

(ii)       Its financial management system.

 

(b)       Required documentation:

(1)       A thorough business plan which covers all aspects of the institution and its operations, which might use as its outline the sections of this application, especially part 200 of this subchapter;

(2)       A financial statement of the entity under which this application is submitted, compiled and signed by a U.S. certified public accountant;

(3)       Proposed line item budgets for the first three years of operation which provide details of anticipated revenues and expenditures;

(4)       Documentation of any external foundation or other financial support, reviewed by the CPA in the financial statement;

(5)       Documentation of funding base, reviewed by the CPA in the financial statement;

(6)       Description of plans for timely and regular annual fiscal audits of the institution’s financial records and financial management system to be conducted by a U.S. certified public accountant (CPA);

(7)       Copies of corporate/institution bank statements from an FDIC bank doing business within the CNMI;

(8)       Proof of performance/surety bond from a company or corporation legally established to provide such services in the CNMI, in an amount equal to 25% of the total tuition and fees, including room and board charges, and return plane fare for all students officially registered by the institution. See § 95-20.3-335 of this subchapter:

(i)        In lieu of a surety bond, an amount in cash equal to the 25% requirement placed in a trust account with an FDIC bank located in the CNMI, the principle of which cannot be withdrawn without 30 days prior notice to the BOR;

(ii)       A combination of a performance/surety bond and cash placed in a trust account with an FDIC bank located in the CNMI shall be equal to 25% of the total tuition and fees, and other charges as provided by § 95-20.3-220(b)(8);

(iii)      When a performance/surety bond is canceled for any reason whatsoever, the licensee must notify the BOR within five working days of such cancellation or termination; the licensee shall then have 10 working days to either obtain a replacement performance/surety bond from a company authorized to provide such an instrument in the CNMI or establish a cash trust account or a combination;

(iv)      Failure to meet these requirements is grounds for suspension of the license or other action by the BOR, including revocation of the license.

(9)       A written guarantee that the applicant institution shall not collect tuition and fees from students while outside of the CNMI, but only collect applicable tuition and other fees outlined in the institution catalog from students physically within the CNMI. The institution may require a promissory note be signed by the student when registered outside of the CNMI but only after, and so long as, the institution license granted by the BOR is legally in force;

(10)     A written guarantee that all of the tuition and other fees collected from registered students be deposited in an FDIC bank within the CNMI; and,

(11)     The BOR will monitor compliance through the annual audit requirement, and review of bank statements required under this application and the license requirements.

 

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

 

History: Adopted 28 Com. Reg. 26129 (Aug. 24, 2006); Proposed 28 Com. Reg. 25829 (June 19, 2006); Emergency and Proposed 28 Com. Reg. 25640 (May 19, 2006) (effective for 120 days from May 19, 2006); Proposed 27 Com. Reg. 23982 (Feb. 17, 2005).

 

Commission Comment: The Commission changed “Failure to meet these requirements are” to “Failure to meet these requirements is” in subsection (b)(8)(iv) to correct a manifest error.

 

§ 95-20.3-225 Educational Programs of Acceptable Quality, Content, and Length

 

(a)       Evaluation criteria:

(1)       The institution has policies that specify the requirements and qualifications for students entering

(i)        The institution and

(ii)       Its certificate and degree programs;

(2)       The institution’s catalog clearly describes its certificate and degree programs, including expected student learning outcomes, and specifies the requirements to be met for the award of each certificate and degree offered, including general education courses and academic standards which shall include but not be limited to class attendance, behavior, due process and grading standards policies;

(3)       The institution’s instructional program offerings are

(i)        Consistent with its mission and

(ii)       Are of sufficient depth, breadth, and rigor to provide the knowledge and skills expected of program graduates and to merit award of the proposed certificate or degree;

(4)       The institution’s degree programs include a defined education component of the breadth and depth appropriate for a postsecondary degree;

(5)       The institution’s catalog contains course descriptions and prerequisites, when appropriate, for all offered courses;

(6)       The institution has stated criteria for awarding academic credits;

(7)       Generally accepted standards for hours of instruction per academic credit awarded are manifested in the institution’s proposed class schedule;

(8)       The proposed class schedule identifies, for each class, hours of classroom/laboratory instruction, and credits to be awarded;

(9)       If course or program offerings are affiliated with a U.S. accredited institution, the quality of such offerings is adequate to meet the needs of the courses or programs offered in the CNMI;

(10)     Appropriate and accurate student and staff recruitment information, public awareness materials including written advertisements; and,

(11)     A procedure to survey students to determine their evaluation of the quality of instruction, facilities, and institutional activities.

 

(b)       Required documentation and verification:

(1)       Statement of requirements for student admission into the institution;

(2)       Statement of requirements for student admission into a specific program of study;

(3)       Names of certificates and degrees, with expected student learning outcomes for each;

(4)       Specific requirements for each certificate and degree offered (e.g. required courses, including general education requirements, and academic standards);

(5)       Catalog as defined in § 95-20.3-005(i) must be printed and provided to the Board of Regents and to each potential student prior to registration, and made available to the public;

(6)       A student handbook or other similar document detailing student rights, due process, institution policies which affect students, expected behavior, disciplinary and student grievance procedures and other policies commonly found in student handbooks;

(7)       A copy of the curriculum for each course to be taught listed in the catalog, or schedule of courses to be taught each semester (or quarter) must be provided to the BOR prior to the course being taught, this shall include but not be limited to goals, objectives, content, activities, teaching methods, materials, and other support services needed e.g. library and reference, research facilities, laboratory or other appropriate hands-on items;

(8)       Statement of criteria for awarding of credits;

(9)       A schedule of classes for the first semester of operation;

(10)     Appropriate academic, vocational and/or other facilities which may include but not limited to* housing, library, are fully equipped with appropriate collateral equipment, including but not limited to books, supplies, and materials;

(11)     A site visit by the program committee or their designee to the institution facilities, including library, housing, or other support facilities identified by the applicant to determine that these facilities are ready for occupancy and use in all respects as described and required in the application, the license, and the catalog; and, in compliance with all applicable local and federal health, safety, and other requirements set forth in CNMI and federal regulations;

(12)     Copies of all public recruitment materials, ads, pamphlets, information about the institution provided to students and personnel which describe the institution facilities, courses of study, costs and fees and other related information;

(13)     A copy of the student survey designed to evaluate institutional instruction, facilities, and support services, and copies of student survey results at the end of each academic year; and,

(14)     A copy of all documents which students are required to sign, including but not limited to, applications, promissory notes, student awareness of rules and regulations documents, promises by the institution and/or student; and a detailed schedule of all institutional charges, tuition and fees, and deposit requirements; a statement of a schedule of refunds of all institutional charges, tuition and fees, and deposits in accordance with the institution’s refund policy; and, a statement of the institution’s financial aid policy including but not limited to financial aid available to students and associated conditions.

 

* So in original.

 

Modified, 1 CMC § 3806(c), (f), (g).

 

History: Adopted 28 Com. Reg. 26129 (Aug. 24, 2006); Proposed 28 Com. Reg. 25829 (June 19, 2006); Emergency and Proposed 28 Com. Reg. 25640 (May 19, 2006) (effective for 120 days from May 19, 2006); Proposed 27 Com. Reg. 23982 (Feb. 17, 2005).

 

Commission Comment: The Commission changed “institutions refund” to “institution’s refund” in subsection (b)(14).

 

§ 95-20.3-230 Quality Teaching Faculty

 

(a)       Evaluation criteria:

(1)       The institution’s teaching faculty is sufficient in number and qualifications to support the institution’s educational programs;

(2)       The institution’s teaching faculty is qualified to teach those courses which they are assigned to teach;

(3)       The appropriate number of qualified teaching faculty or instructors and support services professionals, such as but not limited to librarian and counselor, have been hired, through contracts which must be provided to the BOR, prior to collection of student tuition and fees for each semester;

(4)       The institution has a clear statement of faculty responsibilities; and,

(5)       Faculty evaluation of the institution.

 

(b)       Required documentation:

(1)       Roster of full-time and part-time faculty, including degrees, qualifications, and experience;

(2)       In the case where degrees are awarded by a non U.S. postsecondary institution(s) of higher education or U.S. institutions not accredited by a nationally recognized accrediting authority, documentation must be provided as to the degree awarding credentials and authority of the non U.S. and/or non accredited institution;

(3)       A copy of the contract for each faculty and student support services personnel e.g., librarian, technical instructor, counselor must be made available for review by the BOR or their designee;

(4)       Statement of faculty responsibilities;

(5)       Schedule of classes, which identifies the faculty responsible for each class;

(6)       A personnel policies handbook, or similar document shall be provided to the BOR or its designee, which clearly states policies with respect to hiring, due process, grievance procedures, disciplinary procedures, and other issues commonly found in personnel policies; and,

(7)       A copy of a faculty evaluation survey in which faculty and support services personnel are asked to evaluate institutional policies, academic and instruction programs, student services, facilities and related issues, and a copy of the survey results at the end of each academic year.

 

Modified, 1 CMC § 3806(f), (g).

 

History: Adopted 28 Com. Reg. 26129 (Aug. 24, 2006); Proposed 28 Com. Reg. 25829 (June 19, 2006); Emergency and Proposed 28 Com. Reg. 25640 (May 19, 2006) (effective for 120 days from May 19, 2006); Proposed 27 Com. Reg. 23982 (Feb. 17, 2005).

 

Commission Comment: The Commission inserted the hyphens in “full-time” and “part-time” in subsection (b)(1). The Commission changed “faculty are qualified” to “faculty is qualified” in subsection (a)(2) to correct a manifest error.

 

§ 95-20.3-235 Sufficient Library and Learning Resources

 

(a)       Evaluation criteria:

(l)        The institution’s library and learning resources are sufficient in breadth, depth, and quantity to support the courses and instructional programs offered at the institution and to meet the needs of students enrolled in such courses and/or programs;

(2)       The institution shall have the capacity to provide professionally trained and competent library, research, and/or reference personnel to serve the needs of the students as stated in the mission and in their program and curriculum descriptions

(b)       Required documentation and verification:

(l)        Description and quantity of library holdings and learning resources including, but not limited to, number and titles of books by category, periodicals, reference books, instruction technology equipment including multimedia equipment e.g. computers, power point*, microfilm;

(2)       Copies of agreements for access to external learning resources including but not limited to appropriate library, reference, and research resources;

(3)       A plan to expand, update and improve library holdings and support services; and,

(4)       A site visit by the program committee or its designee to determine if the materials, equipment and supplies identified as being available to support student academic, vocations, and/or professional instruction, and faculty and student reference, research, and resource needs are in place and operation prior to the beginning of registering students, collection of student tuition and fees, and the beginning of course/class instruction.

 

Modified, 1 CMC § 3806(f), (g).

 

History: Adopted 28 Com. Reg. 26129 (Aug. 24, 2006); Proposed 28 Com. Reg. 25829 (June 19, 2006); Emergency and Proposed 28 Com. Reg. 25640 (May 19, 2006) (effective for 120 days from May 19, 2006); Proposed 27 Com. Reg. 23982 (Feb. 17, 2005).

 

Commission Comment: The Commission inserted a comma between “including” and “but” in subsection (b)(1).

 

§ 95-20.3-240 Adequate Student Support Services

 

(a)       Evaluation criteria:

(1)       Support services for students are adequate and appropriate for meeting the needs of students and are consistent with student characteristics and the institution’s mission; and,

(2)       The institution has a clear description of

(i)        How it will maintain student records and

(ii)       How students may obtain academic records if the institution closes.

(b)       Required documentation and verification:

(1)       Title and job description of non-instructional personnel whose responsibilities are to provide student support;

(2)       Description of how student records will be maintained;

(3)       Description of how students may obtain academic records if the institution closes; and,

(4)       A site visit to by the program committee or its designee to review and evaluate the student support services identified by the institution in its application and supporting documents.

 

Modified, 1 CMC § 3806(f).

 

History: Adopted 28 Com. Reg. 26129 (Aug. 24, 2006); Proposed 28 Com. Reg. 25829 (June 19, 2006); Emergency and Proposed 28 Com. Reg. 25640 (May 19, 2006) (effective for 120 days from May 19, 2006); Proposed 27 Com. Reg. 23982 (Feb. 17, 2005).

 

§ 95-20.3-245 Adequate Administrative Services

 

(a)       Evaluation criteria:

(1)       The institution has sufficient staff with appropriate qualifications and experience to provide the administrative services necessary to support the institution’s mission and educational programs.

(b)       Required documentation:

(1)       Title and job description of administrative personnel; and,

(2)       Names and biographical information of administrative staff, proposed (and so identified) current or proposed (and so identified).

 

History: Adopted 28 Com. Reg. 26129 (Aug. 24, 2006); Proposed 28 Com. Reg. 25829 (June 19, 2006); Emergency and Proposed 28 Com. Reg. 25640 (May 19, 2006) (effective for 120 days from May 19, 2006); Proposed 27 Com. Reg. 23982 (Feb. 17, 2005).

 

Part 300 -       Licensing Decisions, Terms, Extensions; Supplemental Applications; Performance Bonds; Complaints

 

§ 95-20.3-301 Need for Additional Information

 

It is in the applicant’s best interest to provide as much relevant information as possible to enable the Board of Regents to make a decision regarding the applicant’s eligibility to establish and operate an institution of higher education within the CNMI. The Board of Regents reserves the right to ask the applicant for any additional information it deems necessary for it to make a determination in authorizing the applicant to operate as a postsecondary educational institution in the CNMI.

 

History: Adopted 28 Com. Reg. 26129 (Aug. 24, 2006); Proposed 28 Com. Reg. 25829 (June 19, 2006); Emergency and Proposed 28 Com. Reg. 25640 (May 19, 2006) (effective for 120 days from May 19, 2006); Proposed 27 Com. Reg. 23982 (Feb. 17, 2005).

 

Commission Comment: The Commission created the title for part 300.

 

§ 95-20.3-305 Notification of Decision

 

The Board’s staff shall issue notification of the Board’s decision regarding the applicant’s application by telephone within two working days following the Board’s decision regarding the application. The license authorizing the applicant to operate a postsecondary educational institution within the CNMI will be sent to the applicant by registered mail within five working days following the Board’s decision. In the event that an applicant is denied a license, a letter stating the reasons for such denial shall be sent to the applicant by registered mail within ten working days following the Board’s decision.

 

History: Adopted 28 Com. Reg. 26129 (Aug. 24, 2006); Proposed 28 Com. Reg. 25829 (June 19, 2006); Emergency and Proposed 28 Com. Reg. 25640 (May 19, 2006) (effective for 120 days from May 19, 2006); Proposed 27 Com. Reg. 23982 (Feb. 17, 2005).

 

§ 95-20.3-310 Reconsideration

 

(a)       Should its application be denied by the Board, an applicant has the right to file for reconsideration when:

(1)       Such applicant can show that the Board’s staff or others

(i)        Have misrepresented its application in whole or in part;

(ii)       Acted in excess of the prescribed requirements; or

(iii)      Did not observe procedures prescribed herein

(2)       And such applicant can show that it complied with all of the requirements prescribed herein.

(b)       Procedure.

(1)       A request for reconsideration must be made to the Chairperson of the Board no later than 20 days after the applicant’s receipt of the letter from the Board stating the reasons for the denial of a license.

(2)       The Chairperson shall appoint a special committee of not less than three Board members to review such request.

(3)       The committee shall consider the request and make recommendations to the Board within 10 working days after appointment;

(4)       The Board shall make a decision regarding the request for reconsideration no later than 20 days after the Chairperson of the Board has received the committee’s recommendation, and the applicant shall be informed about the decision by registered mail within ten working days following the decision.

(5)       Should the Board grant the request for reconsideration, the applicant shall have 20 days to submit its written argument on why the license should be granted.

(6)       The Board shall make its final decision within 20 days of applicant’s written submission.

 

(c)       Institution Operations Prior to License Approval.

Under no circumstances may the applicant market, recruit, register, collect fees and tuition or other costs from prospective students prior to receiving notice of the approval of the license application, and until all conditions contained in the license approval are met and approved in writing by the BOR.

 

Modified, 1 CMC § 3806(f).

 

History: Adopted 28 Com. Reg. 26129 (Aug. 24, 2006); Proposed 28 Com. Reg. 25829 (June 19, 2006); Emergency and Proposed 28 Com. Reg. 25640 (May 19, 2006) (effective for 120 days from May 19, 2006); Proposed 27 Com. Reg. 23982 (Feb. 17, 2005).

 

§ 95-20.3-315 Provisional License

 

(a)       The Board of Regents recognizes that when an entity applies for a license to establish a postsecondary educational institution in the CNMI or for a license to establish an extension of an out-of-state institution of higher education in the CNMI, some requirements may not be fully met at the time of the application. The Board, by majority vote, may grant a provisional license for a period to be determined by the BOR so that such remaining requirements may be met.

 

(b)       A statement from the Board shall accompany the provisional license and shall specify those requirements which have not been met, along with a timeline for meeting the requirements. Documentation showing how the institution has subsequently met such requirements, and a non-refundable fee of $1,500.00 to cover administrative costs, must be submitted to the Board not less than three months from the date the provisional license is approved with conditions.

 

(c)       Under no circumstances shall students be registered, tuition and fees collected, students brought to the CNMI, or instructional operations commenced until the provisional licensee has received written approval to begin such activities either in the provisional license or in follow up approval after the applicant has met any conditions required by the BOR.

 

Modified, 1 CMC § 3806(f), (g).

 

History: Adopted 28 Com. Reg. 26129 (Aug. 24, 2006); Proposed 28 Com. Reg. 25829 (June 19, 2006); Emergency and Proposed 28 Com. Reg. 25640 (May 19, 2006) (effective for 120 days from May 19, 2006); Proposed 27 Com. Reg. 23982 (Feb. 17, 2005).

 

Commission Comment: In the original, the first paragraph was not designated. The Commission designated subsection (a). The Commission changed “non-fundable” to “non-refundable” in subsection (b) to correct a manifest error.

 

§ 95-20.3-320 Term of License

 

(a)       Non-Accredited Institutions

For those postsecondary educational institutions operating in the CNMI which are not accredited by an accrediting body recognized by a U.S. a government agency, the term of the license shall be for a period not to exceed three years. The license may be extended for additional periods, determined by the BOR based upon licensee performance, provided that the institution meets those requirements specified in § 95-20.3-325; and, all documentation and evaluation criteria stated in part 200 of this subchapter. The provisional license described in § 95-20.3-315 shall count as one of the operational years for purposes of this section.

 

(b)       Accredited Institutions

When a postsecondary educational institution operating in the CNMI becomes accredited by an accrediting body recognized by a U.S. government agency, the term of the license shall be for the duration of its accreditation period. The term for each extension of the license shall coincide with the institution’s reaffirmation of accreditation.

 

Modified, 1 CMC § 3806(c), (f).

 

History: Adopted 28 Com. Reg. 26129 (Aug. 24, 2006); Proposed 28 Com. Reg. 25829 (June 19, 2006); Emergency and Proposed 28 Com. Reg. 25640 (May 19, 2006) (effective for 120 days from May 19, 2006); Proposed 27 Com. Reg. 23982 (Feb. 17, 2005).

 

§ 95-20.3-325 Requirements for Extension of License

 

(a)       Three months prior to the expiration of the institution’s license, the institution shall submit to the Office of the Board a report certifying continued compliance with the requirements specified in part 200 of this subchapter and §§ 95-20.3-325 and 95-20.3-330 as appropriate; and, a nonrefundable renewal fee of $5,000.

 

(b)       The report shall contain a statement describing how the institution continues to meet each of the nine requirements.

 

(c)       The report shall also update its business plan, plans for improved programs and services, notify the BOR of any material changes anticipated in the future, including but not limited to, copies of student and faculty surveys, and copies of rental and lease agreements for facilities and services.

 

(d)       The report shall also certify compliance with an additional license requirement, operational status, the evaluation criterion being that the institution is operational, with students enrolled in its courses and actively pursuing its degree programs. Documentation related to this requirement is to be included in the report and shall consist of, but not limited to the following:

(1)       Number of students enrolled in the institution each instructional term of each year during the current term of its license to operate.

(2)       The names of degrees the institution awarded during the current term of its license to operate and the number of students awarded each degree each year.

 

(e)       The president and the chair of the governing entity shall sign the report submitted for an extension of its license.

 

(f)        The program committee or its designee shall review and evaluate the report and conduct a site visit which will include inspection of facilities, meetings with students, faculty, and administrative and support services personal. Based upon the results of the report review and site visit, the program committee or its designee shall then make a recommendation to the full BOR with respect to a request by the institution for a new or extended license.

 

Modified, 1 CMC § 3806(c), (f).

 

History: Adopted 28 Com. Reg. 26129 (Aug. 24, 2006); Proposed 28 Com. Reg. 25829 (June 19, 2006); Emergency and Proposed 28 Com. Reg. 25640 (May 19, 2006) (effective for 120 days from May 19, 2006); Proposed 27 Com. Reg. 23982 (Feb. 17, 2005).

 

Commission Comment: The original paragraphs in this section were not designated. The Commission designated all subsections in this section.

 

§ 95-20.3-330 Supplemental Application/Substantive Application Modification

 

(a)       In the case where a licensee, or provisional licensee, has been granted by the BOR the applicant having met all of the conditions in this subchapter, makes a substantive change defined below, a nonrefundable fee of $1,000.00 to cover administrative costs shall accompany the notification of supplemental information and/or substantive change to an existing license.

 

(b)       A supplemental application shall be required to be submitted 30 calendar days prior to a substantive change, or when the change makes meeting this deadline impossible, within five days of the change. Matters that are considered to be “substantive” include but are not limited to:

(1)       A change in the name of the institution.

(2)       A change in the principal location, or an addition of a facility at another location of the institution of either direct or support facilities.

(3)       A change in ownership or governance of an institution.

(4)       Proposed changes, additions or deletions, of degree programs or course offerings.

(5)       Establishment of an additional instructional site away from the main campus.

(6)       Action by an accrediting agency which results in an institution being placed in a probationary status for more than six months, or which results in the loss of the institution’s accreditation.

 

Modified, 1 CMC § 3806(d), (f), (g).

 

History: Adopted 28 Com. Reg. 26129 (Aug. 24, 2006); Proposed 28 Com. Reg. 25829 (June 19, 2006); Emergency and Proposed 28 Com. Reg. 25640 (May 19, 2006) (effective for 120 days from May 19, 2006); Proposed 27 Com. Reg. 23982 (Feb. 17, 2005).

 

Commission Comment: The Commission changed the “is” found before “not limited to” to “are” and “changes makes” to “change makes” in subsection (b) to correct manifest errors. The Commission designated subsections (a) and (b), which were not designated in the original.

 

§ 95-20.3-335 Performance/Surety Bond

 

(a)       The applicant shall obtain a performance/surety bond, in an amount equal to 25% of the total tuition, fees and other student costs, and the cost of return airfare for each student, or a cash amount placed in a trust account as provided by § 95-20.3-220(b)(8). Failure to meet these requirements is grounds for suspension of the license by the BOR, including revocation of the license.

 

(b)       Exemption. For those applicants who can demonstrate through such means as a CPA audit that the institution’s income from tuition and fees is less than $10,000 per annum, the performance/surety bond shall be $10,000.

 

Modified, 1 CMC § 3806(c), (f), (g).

 

History: Adopted 28 Com. Reg. 26129 (Aug. 24, 2006); Proposed 28 Com. Reg. 25829 (June 19, 2006); Emergency and Proposed 28 Com. Reg. 25640 (May 19, 2006) (effective for 120 days from May 19, 2006); Proposed 27 Com. Reg. 23982 (Feb. 17, 2005).

 

Commission Comment: The Commission changed “Failure to meet these requirements are” to “Failure to meet these requirements is” in subsection (a) to correct a manifest error.

 

§ 95-20.3-340 Filing of Complaints

 

(a)       When any person, persons, agency, or institution desires to file a formal complaint regarding an institution’s violation of any part of this subchapter or any part of the licensing conditions, with such complaint possibly resulting in the suspension or revocation of the license of an institution as provided for in part 400 of this subchapter, the following procedures shall apply:

(1)       All complaints must be presented in writing, be signed by the complainant, and detail the nature and particulars of the complaint;

(2)       The Board shall inform the concerned institution and shall provide a copy of the complaint;

(3)       The concerned institution shall have the right to respond to the complaint, providing it does so within 20 days after receiving notification of such a complaint.

 

(b)       The Board may initiate its own complaint, at its discretion, that relates to institutional violation of the requirements laid out in part 200 and elsewhere in this subchapter or to conditions leading to possible suspension or revocation of an institution’s license to operate a postsecondary educational institution in the CNMI as laid out in part 400 of this subchapter. The Board will comply with the procedure stated herein.

 

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

 

History: Adopted 28 Com. Reg. 26129 (Aug. 24, 2006); Proposed 28 Com. Reg. 25829 (June 19, 2006); Emergency and Proposed 28 Com. Reg. 25640 (May 19, 2006) (effective for 120 days from May 19, 2006); Proposed 27 Com. Reg. 23982 (Feb. 17, 2005).

 

Commission Comment: The Commission made condition plural in subsection (a) to correct a manifest error.

 

Part 400 -       Suspension or Revocation of License

 

§ 95-20.3-401 Causes for Revocation or Suspension

 

(a)       The license issued to an institution is granted based upon the conditions laid out in the required documentation submitted with the license application. Non-adherence to such conditions shall be cause for suspension or revocation of the institution’s license to operate a postsecondary educational institution within the CNMI, at the discretion of the BOR.

 

(b)       Anyone* of the following shall be cause for suspension or revocation of an institution’s license to operate in the CNMI:

(1)       Misrepresentation in the documentation submitted with the license application; or

(2)       Failure on the part of the institution to maintain the standards and conditions set forth by the institution in its license application; or

(3)       Failure to operate in accordance with its stated mission and purposes;

(4)       Failure to maintain a performance/surety bond or trust account, or combination thereof;

(5)       Failure to meet financial obligations; and,

(6)       Failure to maintain facilities, personnel, and/or services as required and stated in its approved application for the license.

 

* So in original.

 

Modified, 1 CMC § 3806(f), (g).

 

History: Adopted 28 Com. Reg. 26129 (Aug. 24, 2006); Proposed 28 Com. Reg. 25829 (June 19, 2006); Emergency and Proposed 28 Com. Reg. 25640 (May 19, 2006) (effective for 120 days from May 19, 2006); Proposed 27 Com. Reg. 23982 (Feb. 17, 2005).

 

Commission Comment: The original paragraphs of this section were not designated. The Commission designated subsections (a) and (b) and created the title for this section. In subsection (b)(6), the Commission changed “approve” to “approved” to correct a manifest error.

 

The original version of this section as published in the Commonwealth Register is out of order. The Commission inserted part of this section from 28 Com. Reg. 25878 (June 19, 2006) rather than from the consecutive page (28 Com. Reg. 25877 (June 19, 2006)). In the original (Policy 017), this section and § 95-20.3-405 comprised one section. The Commission separated § 95-20.3-401 and created the section title.

 

§ 95-20.3-405 Procedure for Revocation or Suspension

 

When the Board determines that a complaint, filed as provided for under § 95-20.3-340, may warrant suspension or termination of the institution’s license to operate in the CNMI, the following procedures, including those in § 95-20.3-305, shall apply:

 

(a)       The Board chair shall notify the affected institution of the possible suspension or revocation of its operating license and the reasons for such determination;

 

(b)       The Board chair shall appoint a review team of not less than three members to conduct a review of the institution relative to the complaint, with such review to take place not more than 15 working days after appointment of the review team. The institution shall be given written notification of the institutional review, with such notification stating the purpose of the review, the names of the review team members, and the dates during which the review will be conducted;

 

(c)       The review team shall review institutional documents and interview faculty, staff, and students relative to the complaint;

 

(d)       Within 5 working days after completion of the institutional review, the review team shall submit to the program committee of the Board a written report containing the results of its findings and its recommended action;

 

(e)       Within 5 working days of the review team’s submission of its written report to the program committee, the program committee shall consider the review team’s report and determine its own recommendation to be made to the Board. The program committee shall provide the affected institution a copy of its recommendation, with supporting justification;

 

(f)        Within 10 working days after the program committee has determined its recommendation, the Board shall hold a session to make a final decision regarding the revocation or suspension of the institution’s license to operate. The affected institution shall be notified of the Board session and shall be provided an opportunity to present its position regarding the action to be taken;

 

(g)       The Board shall meet in executive session to make its final decision regarding the institution and shall notify the institution of its decision by registered mail within 5 working days following the executive session.

 

Modified, 1 CMC § 3806(c), (f), (g).

 

History: Adopted 28 Com. Reg. 26129 (Aug. 24, 2006); Proposed 28 Com. Reg. 25829 (June 19, 2006); Emergency and Proposed 28 Com. Reg. 25640 (May 19, 2006) (effective for 120 days from May 19, 2006); Proposed 27 Com. Reg. 23982 (Feb. 17, 2005).

 

Commission Comment: The original version of this section as published in the Commonwealth Register is out of order. The Commission inserted part of this section from the previous page (28 Com. Reg. 25877 (June 19, 2006)) rather than from the consecutive page.

 

In the original (Policy 017), this section and § 95-20.3-401 comprised one section. The Commission separated this section from § 95-20.3-401 and created the section title. The Commission removed the extra comma found after “recommendation” in the first sentence of subsection (f).

 

§ 95-20.3-410 Emergency Suspension

 

(a)       The Chairperson of the BOR, based upon documented evidence of gross serious problems within the licensed institution identified in § 95-20.3-401, which present an immediate concern for the welfare of the students and/or staff of the licensee, may issue a temporary suspension of license and operations letter to the chief operations officer or person immediately exercising administrative authority over the institution. The letter is to be delivered by hand and a receipt obtained.

 

(b)       The letter must state exactly what serious problems have caused the suspension, provide copies of documentation or other evidence which led to the issuance of the letter and provide the institution 3 working days in which to provide adequate evidence for the Chairperson to rescind the letter or take other action. The Chairperson shall notify all BOR members of its action on the same day the temporary suspension of license and operations letter is delivered to the licensee.

 

(c)       If the institution disputes the problem or problems cited for suspending operations then the timelines stated in § 95-20.3-405 shall begin. However, unless compelling evidence to the contrary exists, the suspension shall remain in force during the § 95-20.3-405 process.

 

Modified, 1 CMC § 3806(c), (f).

 

History: Adopted 28 Com. Reg. 26129 (Aug. 24, 2006); Proposed 28 Com. Reg. 25829 (June 19, 2006); Emergency and Proposed 28 Com. Reg. 25640 (effective for 120 days from May 19, 2006); Proposed 27 Com. Reg. 23982 (Feb. 17, 2005).

 

Commission Comment: The original paragraphs in this section were not designated. The Commission designated subsections (a) – (c). The original version of this section as published in the Commonwealth Register is out of order. The Commission inserted part of this section from 28 Com. Reg. 25879 (June 19, 2006)) rather than from the consecutive page.

 

Part 500 -       Miscellaneous Provisions

 

§ 95-20.3-501 Student Records

 

(a)       The institution shall make adequate provision for the maintenance of all academic records, financial aid information, and other student records in original document or hard copy in a permanent form, for example, original paper copy or compact disc.

 

(b)       The Board will not be responsible for student records if an institution decides to close.

 

(c)       A closing institution is expected to make arrangements with another college or university or with the CNMI archives to preserve student records, and to inform the Board about such arrangements. Prior to closure, the institution shall attempt to notify every current and past student by mail about the closure, where the academic records are being stored, and how students can access those records. The same information shall be placed in advertisements in all local newspapers for a period of not less than one week.

 

(d)       To the extent possible and practical, a copy of a student’s academic record should also be forwarded to the individual student.

 

History: Adopted 28 Com. Reg. 26129 (Aug. 24, 2006); Proposed 28 Com. Reg. 25829 (June 19, 2006); Emergency and Proposed 28 Com. Reg. 25640 (effective for 120 days from May 19, 2006); Proposed 27 Com. Reg. 23982 (Feb. 17, 2005).

 

Commission Comment: The original paragraphs in this section were not designated. The Commission designated subsections (a) – (d). The Commission created the title for part 500.

 

§ 95-20.3-505 Accreditation Status

 

The CNMI Board of Regents is not an accrediting body. Therefore, the Board’s issuance of a license to establish an institution of higher education in the CNMI does not constitute accreditation of the institution. Within three years, all institutions receiving a license are expected to seek accreditation from the Western Association of Schools and Colleges or from some other appropriate accrediting body recognized by a U.S. government agency; and, the BOR may at its discretion require the licensee to do so.

 

History: Adopted 28 Com. Reg. 26129 (Aug. 24, 2006); Proposed 28 Com. Reg. 25829 (June 19, 2006); Emergency and Proposed 28 Com. Reg. 25640 (effective for 120 days from May 19, 2006); Proposed 27 Com. Reg. 23982 (Feb. 17, 2005).

 

§ 95-20.3-510 Hold Harmless; Indemnity

 

(a)       Hold Harmless

The applicant will hold harmless the Board of Regents (BOR), its staff, consultants, and other personnel from any liability whatsoever resulting from the assessment of the material provided to the BOR for purposes of deciding whether or not to issue a license to the applicant for purposes of operating a postsecondary educational institution in the CNMI. This provision will, in no way, derogate from, detract or limit the immunity of Northern Marianas College, the Board of Regents, its staff, consultants, and other personnel under law.

 

(b)       Indemnity

The applicant upon being licensed by the BOR will indemnify, defend and hold harmless the BOR, its staff, consultants, and other personnel from and against any and all claims, demands, liabilities, damages, losses, costs and expenses, including without limitation, reasonable attorneys’ fees in connection with any claim, action, or proceeding brought by any third party resulting from or arising out of any breach by the licensee for any reason whatsoever.

 

Modified, 1 CMC § 3806(f).

 

History: Adopted 28 Com. Reg. 26129 (Aug. 24, 2006); Proposed 28 Com. Reg. 25829 (June 19, 2006); Emergency and Proposed 28 Com. Reg. 25640 (effective for 120 days from May 19, 2006); Proposed 27 Com. Reg. 23982 (Feb. 17, 2005).

 

§ 95-20.3-515 Investigation

 

Nothing in this licensing policy shall affect the ability of the Division of Immigration to investigate and/or determine whether a licensed institution is in compliance with Immigration Regulation § 5-40.1-646 concerning foreign student attendance.

 

Modified, 1 CMC § 3806(c), (f).

 

History: Adopted 28 Com. Reg. 26129 (Aug. 24, 2006); Proposed 28 Com. Reg. 25829 (June 19, 2006); Emergency and Proposed 28 Com. Reg. 25640 (effective for 120 days from May 19, 2006); Proposed 27 Com. Reg. 23982 (Feb. 17, 2005).

 

Commission Comment: PL 17-1 (March 22, 2010) eliminated the Division of Immigration. The administrative regulations pertaining to immigration were repealed on March 22, 2010, through 32 Com. Reg. 30094 (Apr.19, 2010).

 


 

SUBCHAPTER 95-20.4

STUDENT DEVELOPMENT POLICY

 

Subchapter Authority: 3 CMC § 1316.

 

Subchapter History: Proposed 27 Com. Reg. 23838 (Jan. 17, 2005).*

 

*Notice of adoption was not published.

 

Commission Comment: For a complete history of the authority of the Northern Marianas College Board of Regents see the general comment to chapter 10 of this title.

 

PL 4-34 (effective March 28, 1985), the “Post-secondary Education Act of 1984,” codified as amended at 3 CMC §§ 1301-1331, created the Northern Marianas College as a nonprofit public corporation, under the general control and direction of the Board of Regents of the Northern Marianas College. See 3 CMC § 1304; see also 3 CMC § 1311. 3 CMC § 1316 defines the duties of the Board of Regents and provides the Board the authority to adopt rules and regulations for the implementation of the act and its duties thereunder.

 

In January 2005, the Northern Marianas College Board of Regents published a notice proposing a “Student Development Policy” See 27 Com. Reg. 23838 (Jan. 17, 2005). A notice of adoption was not published.

 

[Reserved for future student development regulations]


 

CHAPTER 95-30

NORTHERN MARIANAS COLLEGE PERSONNEL MANUAL

 

 

Chapter Authority: 3 CMC § 1316.

 

Chapter History:

 

Commission Comment: For a complete history of the authority of the Northern Marianas College Board of Regents see the general comment to chapter 10 of this title.

 

PL 4-34 (effective March 28, 1985), the “Post-secondary Education Act of 1984,” codified as amended at 3 CMC §§ 1301-1331, created the Northern Marianas College as a nonprofit public corporation, under the general control and direction of the Board of Regents of the Northern Marianas College. See 3 CMC § 1304; see also 3 CMC § 1311. 3 CMC § 1316 defines the duties of the Board of Regents and provides the Board the authority to adopt rules and regulations for the implementation of the act and its duties thereunder.

 

On April 18, 1986, the Board of Regents published notice of a proposed “Personnel Manual.” See 8 Com. Reg. 4301 (Apr. 18, 1986). A notice of adoption was never published.

 

[Reserved for future personnel rules and regulations.]


 

 

CHAPTER 95-50

PROCUREMENT POLICIES AND PROCEDURES

 


Part 001          [reserved]

 

Part 100          General Information

§ 95-50-101    Purpose

§ 95-50-105    Authority

§ 95-50-110    Applicability

§ 95-50-115    Public Access to Procurement Information

§ 95-50-120    Requirement of Good Faith

§ 95-50-125    Validity of Contract

§ 95-50-130    Remedy Against Employee

§ 95-50-135    Inspection and Audit

§ 95-50-140    Reports and Records

§ 95-50-145    Supplementary General Principles of Law Applicability

§ 95-50-150    Severability

 

Part 200          Definitions

§ 95-50-201    Definitions

 

Part 300          Procurement Organization

§ 95-50-301    Contracting and Expenditure Authorities

§ 95-50-305    Procurement Organization

§ 95-50-310    Procurement and Property Manager Responsibilities

 

Part 400          General Principles

§ 95-50-401    Procurement Planning

§ 95-50-405    Local Vendors

§ 95-50-410    Methods of Source Selection

§ 95-50-415    Procurements Exempt from Procurement Policies and Procedures

 

Part 500          Limitations in Purchasing

§ 95-50-501    Items Not to Be Purchased

§ 95-50-505    Unauthorized Practices

 

Part 600          Small Purchases

§ 95-50-601    Conditions for Use

§ 95-50-605    Adequate and Reasonable Competition

§ 95-50-610    Purchase Orders

§ 95-50-615    Receipt and Payment of Goods and Services

 

Part 700          Sole Source and Expedited Purchasing in Special Circumstances Procurements

§ 95-50-701    Conditions for Use

§ 95-50-705    Expedited Purchasing in Special Circumstances

§ 95-50-710    Procedures

 

Part 800          Emergency Procurements

§ 95-50-801    Conditions for Use

§ 95-50-805    Procedures

 

Part 900          Purchase Order and Contract Administration

§ 95-50-901    General

 

Part 1000        Competitive Sealed Bidding

§ 95-50-1001  Conditions for Use

§ 95-50-1005  Split Purchases

§ 95-50-1010  Invitation for Bids Procedures

 

Part 1100        Competitive Sealed Proposals

§ 95-50-1101  Conditions for Use

§ 95-50-1105  Procedures

 

Part 1200        Contracting for Services

§ 95-50-1201  General

§ 95-50-1205  Applicability

§ 95-50-1210  Procedures for Contracting for Services and Service Contract Addendum/Change Orders

§ 95-50-1215  Exceptions

§ 95-50-1220  Responsibility

 

Part 1300        Types of Contracts

§ 95-50-1301  General

§ 95-50-1305  Types of Contracts

§ 95-50-1310  Contracts Not Allowed

§ 95-50-1315  Addendum/Change Order

 

Part 1400        Construction and Architect-Engineer Services

§ 95-50-1401  Policy

§ 95-50-1405  Procedures: Construction

§ 95-50-1410  Procedures: Architect-Engineer Services

 

Part 1500        Protests and Disputes

§ 95-50-1501  Protests

§ 95-50-1505  Disputes

§ 95-50-1510  Procedures: Bid Protests and Appeals

§ 95-50-1515  Appeals to the Public Auditor

§ 95-50-1520  Remedies

§ 95-50-1525  Effective Date

§ 95-50-1530  Disputes

 

Part 1600        Ethics in Contracting

§ 95-50-1601  Standards of Conduct

§ 95-50-1605  Purchase Order and Contract Administration

 

Part 1700        Requirements of Federally Funded Purchases

§ 95-50-1701  Federal Flow-down Provisions

§ 95-50-1705  Purchases Using Federal Funds

§ 95-50-1710  Federal Acquisition Regulations Applicable to Northern Marianas College


 

Subchapter Authority: 3 CMC § 1316.

 

Subchapter History: Adopted 33 Com. Reg. 31393 (Feb. 24, 2011); Proposed 32 Com. Reg. 31109 (Dec. 20, 2010).

 

Commission Comment: For a complete history of the authority of the Northern Marianas College Board of Regents see the general comment to chapter 10 of this title.

 

PL 4-34 (effective March 28, 1985), the “Post-secondary Education Act of 1984,” codified as amended at 3 CMC §§ 1301-1331, created the Northern Marianas College as a nonprofit public corporation, under the general control and direction of the Board of Regents of the Northern Marianas College. See 3 CMC § 1304; see also 3 CMC § 1311. 3 CMC § 1316 defines the duties of the Board of Regents and provides the Board the authority to adopt rules and regulations for the implementation of the act and its duties thereunder.

 

The Board of Regents promulgated these regulations as Chapter 50, Subchapters 50.1 through 50.17. The Commission re-designated the subchapters as parts pursuant to 1 CMC § 3806(a). As of this date, the Board has not proposed a Chapter 40.

 

The Commission replaced the ampersand symbol with the word “and” throughout this chapter.

 

Part 001 -       [reserved]

 

Part 100 -       General Information

 

§ 95-50-100    Purpose

 

These procurement policies and procedures have been developed to:

 

(a)       Define the College’s procurement policies and practices,

 

(b)       Delineate the authority and responsibilities of College personnel involved in the acquisition of goods, services, construction, and cooperative agreements,

 

(c)       Establish standard procedures to effectively manage the College’s purchasing and contracting activities,

 

(d)       Ensure compliance with Commonwealth and Federal laws, rules and regulations, as well as Board of Regents’ policies,

 

(e)       Ensure fair and equitable treatment of all persons who deal with the procurement system of the College,

 

(f)        Provide increased economy in the College’s procurement activities and to maximize the purchasing value of public funds entrusted to it; and

 

(g)       Provide safeguards for the maintenance of a procurement system of quality and integrity.

 

History: Adopted 33 Com. Reg. 31393 (Feb. 24, 2011); Proposed 32 Com. Reg. 31109 (Dec. 20, 2010).

 

§ 95-50-105    Authority

 

CNMI Public Law 9-53 [3 CMC § 1316]. Section 6(v), authorizes Northern Marianas College to establish its own procurement policies. Public Law 9-53 specifically permits the institution “[t]o establish procurement policies for the College and to expend funds appropriated by the federal or Commonwealth government or donated to the College by any other entity.”

 

History: Adopted 33 Com. Reg. 31393 (Feb. 24, 2011); Proposed 32 Com. Reg. 31109 (Dec. 20, 2010).

 

Commission Comment: The Commission inserted the citation to the Commonwealth Code pursuant to 1 CMC § 3806(c). The Commission corrected the capitalization of the words “to” and “federal” pursuant to 1 CMC § 3806(f).

 

§ 95-50-110    Applicability

 

These policies and procedures apply to all expenditures of College funds irrespective of fund source, including federal assistance monies. It is noted however that should any conflict arise between the policies and procedures contained herein and federal procurement policies, procedures and regulations or specific conditions of a federal grant or award, the federal procurement policies, procedures and regulations and/or grant or award expectations shall prevail. These policies and procedures do not apply to contracts between the College and other government agencies or educational institutions (e.g., Memorandums of Understanding and Memorandums of Agreement) or for services provided to entities within the organization by departments or units. These policies and procedures also do not apply to employment contracts.

 

History: Adopted 33 Com. Reg. 31393 (Feb. 24, 2011); Proposed 32 Com. Reg. 31109 (Dec. 20, 2010).

 

§ 95-50-115    Public Access to Procurement Information

 

Procurement information shall be a matter of public record and shall be available for public inspection. Procurement information may be kept confidential when necessary to insure* proper bidding procedures. The Procurement and Property Manager shall make this decision in consultation with the Chief Financial and Administrative Officer.

 

* So in original.

 

History: Adopted 33 Com. Reg. 31393 (Feb. 24, 2011); Proposed 32 Com. Reg. 31109 (Dec. 20, 2010).

 

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

 

§ 95-50-120    Requirement of Good Faith

 

This policy requires all parties, including College employees, contractors, and suppliers, involved in the negotiation, bidding, performance or administration of College contracts, procurement of goods or services, to act in good faith.

 

History: Adopted 33 Com. Reg. 31393 (Feb. 24, 2011); Proposed 32 Com. Reg. 31109 (Dec. 20, 2010).

 

§ 95-50-125    Validity of Contract

 

No Northern Marianas College contract (except employment contracts), shall be valid unless it complies with these policies and procedures.

 

History: Adopted 33 Com. Reg. 31393 (Feb. 24, 2011); Proposed 32 Com. Reg. 31109 (Dec. 20, 2010).

 

Commission Comment: The Commission corrected “contracts” to “contract” pursuant to 1 CMC § 3806(g).

 

§ 95-50-130    Remedy Against Employee

 

Any procurement action of an employee of the College in violation of these policies and procedures is an action outside the scope of his/her employment. The College will seek to have any liability asserted against it by a contractor, which directly results from improper acts to be determined judicially to be the individual liability of the employee who committed the wrongful act. Deliberate actions of employees committing institutional resources beyond these policies and procedures will be considered just cause for disciplinary action including termination of employment.

 

History: Adopted 33 Com. Reg. 31393 (Feb. 24, 2011); Proposed 32 Com. Reg. 31109 (Dec. 20, 2010).

 

§ 95-50-135    Inspection and Audit

 

(a)       Right to Inspect Place of Business

The College may, at reasonable times, inspect the place of business of a contractor or any subcontractor, which is related to the performance of any contract awarded or to be awarded by the College.

 

(b)       Right to Audit Records

As required by Section 404 of Public Law No. 3-91 (1 CMC § 7845), the contractor and subcontractor or grantee and sub-grantee at all levels shall provide the Public Auditor of the Commonwealth with access to and the right to examine and copy any records, data, or papers relevant to a college contract or grant for a period of three years after the final payment under the contract or grant. A clause to this effect shall appear in all College contracts and obligations.

 

History: Adopted 33 Com. Reg. 31393 (Feb. 24, 2011); Proposed 32 Com. Reg. 31109 (Dec. 20, 2010).

 

Commission Comment: The Commission struck the figure “3” pursuant to 1 CMC § 3806(e).

 

§ 95-50.1-140 Reports and Records

 

(a)       Report of Anti-competitive or Deceptive Practices

When for any reason any person suspects the following practices are occurring among bidders, offerors, contractors, or sub-contractors, he/she shall transmit without delay a written notice of relevant facts to the Procurement and Property Manager and the Procurement and Property Manager shall forward such written notice to the Legal Counsel through the Chief Financial and Administrative Officer and the President.

(1)       Unfair methods of competition;

(2)       Deceptive acts; or

(3)       Unfair business practices.

These acts are more fully defined at 4 CMC § 5101 through § 5206.

 

(b)       Retention of Procurement Records

(1)       The Procurement and Property Management Office shall maintain all procurement records for a minimum of three years. Records for real property, capitalized property, selected non-capitalized property, designated non-capitalized property, shall be retained for three years after final disposition. The College official with expenditure authority shall also keep copies of all procurement records for their respective office and shall keep such records until all audits have been completed. However should an action be initiated against the College, the related records shall be maintained until such action is resolved.

(2)       The Procurement and Property Management Office shall maintain a record listing all contracts for a minimum of three years. The records shall contain:

(i)        Each contractor’s name;

(ii)       The amount and type of each contract; and

(iii)      A listing of the supplies, services, or construction procured under each contract.

(3)       All procurement records except those designated herein as not subject to disclosure, shall be available for public inspection.

 

History: Adopted 33 Com. Reg. 31393 (Feb. 24, 2011); Proposed 32 Com. Reg. 31109 (Dec. 20, 2010).

 

Commission Comment: The original paragraphs of subsection (b) were undesignated. The Commission designated them as subsections (b)(1) through (b)(3). The Commission struck the figure “3” in subsections (b)(1) and (b)(2) pursuant to 1 CMC § 3806(e).

 

§ 95-50-145    Supplementary General Principles of Law Applicability

 

Unless displaced by the particular provisions of these policies, the principles of law and equity including, but not limited to, the Uniform Commercial Code of the Commonwealth and common law of fraud, conflicts of interest, waste, false pretenses, and public purpose shall supplement these policies and procedures.

 

History: Adopted 33 Com. Reg. 31393 (Feb. 24, 2011); Proposed 32 Com. Reg. 31109 (Dec. 20, 2010).

 

§ 95-50-150    Severability

 

If any provision of these policies and procedures or any application thereof to any person or circumstances is held invalid by a court of competent jurisdiction, such invalidity shall not affect other provisions or applications of these policies and procedures which can be given effect without the invalid provision or application, and to this end, the provisions of these policies are declared to be severable.

 

History: Adopted 33 Com. Reg. 31393 (Feb. 24, 2011); Proposed 32 Com. Reg. 31109 (Dec. 20, 2010).

 

Part 200 -       Definitions

 

§ 95-50-201    Definitions

 

The words defined in this Section shall have the meanings set forth below whenever they appear in the NMC procurement policies and procedures unless the context in which they are used clearly requires a different meaning, or a different definition is prescribed for a particular section.

 

(a)       “Adjunct”. A person providing temporary services to the college as an instructor, administrator, manager, or administrative support staff.

 

(b)       “Appeal”. A written request to the Public Auditor for a ruling on a decision made by the College regarding an award of a contract.

 

(c)       “Bid”. The executed document submitted by a bidder in response to an Invitation for Bids.

 

(d)       “Bid Security”. The legally sufficient form of security furnished by an offeror as a warranty of good faith that the offeror will enter into a contract with Northern Marianas College and supply the necessary performance and payment bonds should its offer be accepted and which amount will be forfeited in the event of failure or refusal of the offeror to enter into a contract.

 

(e)       “Bid Opening”. The process of opening and reading bids at the time and place specified in the Invitation for Bids.

 

(f)        “Bidder” or “Offeror”. Any individual, partnership, or corporation submitting directly or through a duly authorized representative or agent, a bid or proposal in response to an Invitation for Bids or a Request for Proposals.

 

(g)       “Capital Item”. All non-consumables with a value of $5,000.00 and above.

 

(h)       “Check Request”. A document used to request payment for intangibles.

 

(i)        “College”. Northern Marianas College.

 

(j)        “Commonwealth”. The Commonwealth of the Northern Mariana Islands and its respective government.

 

(k)       “Competitive Sealed Bidding”. A procurement method by which vendors submit sealed bids or proposals (offers) in response to an advertised solicitation.

 

(l)        “Confidential Information”. Any information which is available to an employee only because of the employee’s status as an employee of the College and is not a matter of public knowledge or available to the public on request.

 

(m)      “Confirming Purchase Order”. A purchase order that is prepared for goods or services already purchased without following the College’s normal procurement processes regardless of cost and type of purchases. Does not apply to exempt purchase order.

 

(n)       “Conflict of Interest”. A situation when a College official’s responsibilities, duties, or activities conflict with the official’s private interests whether they are of a business, family, social, or other nature.

 

(o)       “Conspicuously”. “Conspicuously” means written in such special or distinctive form, print, or manner that a reasonable person against whom it is to operate ought to have noticed it.

 

(p)       “Construction”. The process of building, altering, repairing, improving or demolishing of a College structure, building, or improvement to real property. It does not include the routine maintenance of existing structures, buildings, or real property.

 

(q)       “Consultant Contract”. A contract engaging the services of a consultant where the only (or predominant) service to be rendered is advice or counsel in either verbal or written form. Included under this definition shall be contracts engaging individuals or firms to perform studies or evaluations of College programs, systems, or procedures.

 

(r)        “Contract”. A legally enforceable agreement for the procurement of goods, services, or construction between the College and a Contractor.

 

(s)        “Contractor”. Any person or legal entity having a contract with the College.

 

(t)        “Cost-Plus-Percentage Contract”. An agreement on a construction project in which the contractor is provided a specified percentage profit over and above the actual costs of construction.

 

(u)       “Cost-Reimbursement Contract”. A contract under which a contractor is reimbursed for costs, which are allowable, and in accordance with the contract terms and these regulations, and a fee, if any.

 

(v)       “Days”. Calendar days unless otherwise specified.

 

(w)      “Designated Non-Capitalized Property”. Non-capitalized property with a purchase value of less than $1,000.00, which is designated for control for physical accountability.

 

(x)       “Direct or Indirect Participation”. Involvement through decision, approval, disapproval, recommendation, preparation of any part of a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity.

 

(y)       “Dispute”. A disagreement concerning the legal rights and obligations of contracting parties, which, if not settled by mutual agreement, must be referred to a neutral third party for resolution.

 

(z)       “Emergency”. A situation that threatens the health and safety of any person or the preservation or protection of buildings or property of the College and other situations that would cause adverse effects to College programs or activities if not remedied immediately.

 

(aa)      “Emergency Purchase”. A purchase made without following the normal purchasing procedures in order to obtain goods, services, or construction immediately to meet an emergency.

 

(bb)     “Employee”. An individual receiving salary and benefits from the College.

 

(cc)      “Exempt Purchase Order”. Refer to section 90-50-415.

 

(dd)     “Expendable Items/Supplies”. All tangible supplies which, when put to use, is consumed, loses its identity, or becomes an integral part of another property.

 

(ee)      “Expenditure Authority”. A College official authorized to purchase goods or services for his/her respective program.

 

(ff)      “Financial Interest”. “Financial interest” means:

(1)       Ownership of any interest or involvement in any relationship from which or as a result of which, a person within the past year has received or is presently or in the future entitled to receive compensation; or

(2)       Holding a position in a business such as an officer, director, trustee, partner, employee or the like or holding any position of management.

 

(gg)     “Fixed Price Contract”. A lump sum award that provides for a price to be determined in advance for specific services. The contract amount is not subject to adjustment based on the contractor’s actual costs incurred, thereby placing the risk on the contractor to perform within the fixed price. This type of contract is suitable only when definite performance requirements are available and when fair and reasonable prices can be established at the outset.

 

(hh)     “Goods.” All property, including but not limited to equipment, materials, apparels, supplies, and other tangible personal property of any kid or nature, printing, insurance, leases of real and personal property, and sale or disposal of real and personal property.

 

(ii)       “Gratuity”. A payment, loan, subscription, advance, deposit of money, services or anything of more than nominal value, present or promised, unless consideration of substantially equal or greater value is received.

 

(jj)       “Immediate Family”. Spouse, children, parents, brothers, and sisters.

 

(kk)     “Independent Contractor”. Any service provider having a contract with the College who is subject to the control and direction of the College for which services are performed only as to the result of the work and not as to the means. Among the most frequently used categories of independent contractors are:

(1)       “Consultant”: An individual or firm possessing expertise in a particular field for which it is engaged to give expert or professional advice or counsel in return for an established fee.

(2)       “Speaker”: an individual having specialized knowledge of a particular subject who is engaged to convey this knowledge by discourse to an audience in return for an established fee. Note: The Internal Revenue Service (IRS) has ruled that, in most cases, adjunct faculty is considered employees.

(3)       “Technical Service”: an individual or firm rendering technical service for a fee.

 

(ll)       “Intangible”. Untouchable; not tangible such as services and bills for utilities, telephone service, subscription or registration and renewal etc.

 

(mm)   “Invitation for Bid”. A written solicitation, including all documents, whether attached or incorporated by reference, to prospective bidders requesting bids on College requirements.

 

(nn)     “Lease-Purchase Contract”. A rental contract in which the College’s periodic payments or parts thereof are applied both to fulfill the rental and as installments for eventual College-ownership of the commodity upon completion of the agreement.

 

(oo)     “Non-Capitalized Property”. Non-expendable item with a purchase value of less than $5,000, which is charged to an activity expense account at the time of receipt.

 

(pp)     “Non-Expendable Item”. A tangible item which has continuing use as a self-contained unit, is not consumed in use, does not lose its identity when put to use, or does not ordinarily become a component of another property.

 

(qq)     “Offer”. Bid, proposal, or quotation.

 

(rr)      “Open Purchase Order”. A purchase order on which goods or services are not specified to be purchased and is for a set sum of money. Open purchase orders are for services and consumable items only.

 

(ss)      “Payment Bond”. The legally sufficient form of security, which guarantees payment and protection for those furnishing labor and materials to the contractor or its subcontractors for the work bonded.

 

(tt)       “Performance Bond”. The legally sufficient form of security, which indemnifies the College against loss resulting from the failure of the contractor to perform a contract, in particular a construction contract, in accordance with the plans and specifications.

 

(uu)     “Procurement”. The buying, purchasing, renting, leasing, or otherwise acquiring of goods, services, or construction including all functions that pertain to the obtaining of goods, services, or construction such as description of requirements, selection and solicitation of sources, preparation and award of contracts and all phases of contract administration.

 

(vv)     “Professional Services”. Those services within the scope of the practice of architecture, landscape architecture, professional engineering, land surveying, real property appraisal, law, medicine, accounting, dentistry, or any other practice defined as professional by the laws of the Commonwealth.

 

(ww)    “Protest”. A complaint concerning a College procurement action or decision brought by a bidder or vendor to the appropriate College official.

 

(xx)     “Purchase Order”. A purchasing document used to formalize a transaction with a vendor containing statements as to the quantity, description, and price of the goods, services, or construction ordered; agreed terms as to payment, discounts, date of performance, transportation terms, and all other information pertinent to the purchase and its execution by the vendor. Written acceptance of a purchase order or shipment of all or any portion of the items or services covered by a purchase order by a vendor constitutes a contract.

 

(yy)     “Quotation”. A current official vendor document indicating cost of goods and/or services.

 

(zz)      “Request for Proposals”. A written solicitation, including all documents, whether attached or incorporated by reference, to prospective offerors requesting proposals on College requirements.

 

(aaa)    “Responsible Bidder or Offeror”. A bidder or offeror who meets minimum or special standards as may be pre-scribed.*

 

(bbb)   “Responsive Bidder or Offeror”. A bidder or offeror whose bid or offer conforms in all material respects to the invitation for bids or request for proposals.

 

(ccc)    “Selected Non-Capitalized Property”. Non-capitalized property with a purchase value between $1,000.00 and $5,000.00, that is controlled for physical accountability.

 

(ddd)   “Services”. The furnishing of labor, time, or effort by a contractor, not involving the delivery of a specific end product other than reports, plans, and incidental documents.

 

(eee)    “Sale Source”. A procurement process where a contract may be awarded without competition when there is only one source for a required good, service, or construction or when the College seeks to maintain continuity with an existing vendor or contractor or other circumstances which warrant securing the services or goods from a particular vendor or service provider.

 

(fff)     “Solicitation”. An invitation for bids, a request for proposals, or any other document issued by the College for the purpose of soliciting bids or proposals to perform a College requirement.

 

(ggg)   “Specifications”. The directions, provisions, and requirements of the College pertaining to the method and manner of performance and to quantities and qualities of materials to be furnished under a contract.

 

(hhh)   “Subcontractor”. An individual, partnership, firm, corporation, joint venture or other legal entity which enters into an agreement with the contractor to perform a portion of the work for the contractor.

 

(iii)      “Tangible”. Material assets, touchable, capable of being treated as fact, real, concrete and physical.

 

History: Adopted 33 Com. Reg. 31393 (Feb. 24, 2011); Proposed 32 Com. Reg. 31109 (Dec. 20, 2010).

 

Commission Comment: The original section did not contain subsections. The Commission designated subsections (a) through (iii). The Commission inserted quotation marks around terms defined. The Commission inserted a comma after the word “manager” in subsection (g) and a period at the end of subsection (eee) pursuant to 1 CMC § 3806(g). The Commission corrected the capitalization of the word “contractor” in subsection (r) pursuant to 1 CMC § 3806(f).

 

Part 300 -       Procurement Organization

 

§ 95-50-301    Contracting and Expenditure Authorities

 

The President, or his/her designee, is the only formally recognized Contracting Officer of the College. The President has the authority to expend funds for designated purposes of the College. However, the President has delegated expenditure authority for certain funds to other College officials as indicated in the College’s “Budget and Expenditure Handbook.”

 

History: Adopted 33 Com. Reg. 31393 (Feb. 24, 2011); Proposed 32 Com. Reg. 31109 (Dec. 20, 2010).

 

Commission Comment:  The Commission corrected the capitalization of “only” pursuant to 1 CMC § 3806(f). The Commission moved the final period inside the quotation mark pursuant to 1 CMC § 3806(g).

 

§ 95-50-305    Procurement Organization

 

There is established within the College a Procurement and Property Management Office (PPMO). The office has two sections: Procurement and Property Management. The Procurement section is responsible for all NMC procurement functions and the Property Management section is responsible for the inventory and accounting of all College properties. The PPMO is headed by a Procurement and Property Manager who reports directly to the Chief Financial and Administrative Officer.

 

History: Adopted 33 Com. Reg. 31393 (Feb. 24, 2011); Proposed 32 Com. Reg. 31109 (Dec. 20, 2010).

 

§ 95-50-310    Procurement and Property Manager Responsibilities

 

The duties and responsibilities of the Procurement and Property Manager include, but are not limited to, the following:

(a)       Oversee and implement College procurement and property management policies;

 

(b)       Develop guidelines and procedures for areas including:

(1)       Purchasing, receiving, and inspecting goods;

(2)       Vendor requirements and selection;

(3)       Bid and proposal evaluations; and

(4)       Property management;

 

(c)       Conduct bidding, procurement, negotiation, or administration of College contracts upon request of the College official with expenditure authority;

 

(d)       Review procurement documents such as contracts and purchase orders for compliance with College policies;

 

(e)       Provide general oversight over capital equipment and supply inventories;

 

(f)        Sell, trade, or otherwise dispose of surplus physical assets;

 

(g)       Assist in the review and response to protests or disputes pertaining to bids, sealed quotations, or proposal evaluations.

 

History: Adopted 33 Com. Reg. 31393 (Feb. 24, 2011); Proposed 32 Com. Reg. 31109 (Dec. 20, 2010).

 

Commission Comment: The Commission removed an extraneous dash from the opening paragraph, inserted semicolons at the ends of subsections (b)(1), (b)(2), and (b)(4), and converted the commas at the ends of subsections (c) through (f) to semicolons pursuant to 1 CMC § 3806(g).

 

Part 400 -       General Principles

 

§ 95-50-401    Procurement Planning

 

All procurement of goods and services, shall, where possible, be made sufficiently in advance of the date for delivery or performance to promote maximum competition and sound resource management.

 

History: Adopted 33 Com. Reg. 31393 (Feb. 24, 2011); Proposed 32 Com. Reg. 31109 (Dec. 20, 2010).

 

§ 95-50-405    Local Vendors

 

Whenever possible, procurement of goods, services, and supplies shall be acquired from licensed local businesses, provided that:

 

(a)       The quality of the purchased item(s) is equal to that of off-island vendors; and

 

(b)       Such acquisition will not result in the College paying an excessive price over that of off-island vendors for in stock items.

 

History: Adopted 33 Com. Reg. 31393 (Feb. 24, 2011); Proposed 32 Com. Reg. 31109 (Dec. 20, 2010).

 

§ 95-50-410    Methods of Source Selection

 

All College purchases of $25,000 and above, shall be awarded by competitive sealed bidding, except as provided in:

 

(a)       § 95-50-415 - Procurements Exempt from Procurement Policies and Procedures.

 

(b)       Part 600 - Small Purchases

 

(c)       Part 700 - Sole Source and Expedited Purchasing in Special Circumstances

Procurements

 

(d)       Part 800 - Emergency Procurements

 

(e)       SECTION TEN - Competitive Requests for Proposals* [Competitive Sealed Bidding]

 

(f)        SECTION ELEVEN - Contracting for Services* [12]

 

(g)       SECTION TWELVE - Construction and Architect-Engineer Services [14]

 

Every expenditure of College funds, irrespective of their source, unless exempt under Section 95-50-415, shall be made in accordance with one of the seven methods of source selection, which are discussed in detail in sections to follow.

 

* So in original. See Commission Comment.

 

History: Adopted 33 Com. Reg. 31393 (Feb. 24, 2011); Proposed 32 Com. Reg. 31109 (Dec. 20, 2010).

 

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

 

Section Ten of the original regulation is titled “Competitive Sealed Bidding” and is codified as Part 1000. Section Eleven is titled “Competitive Sealed Proposals” and is codified as Part 1100. The section entitled “Contracting for Services” is Section 12 of the original regulation and is codified as Part 1200. The section entitled “Construction and Architect-Engineer Services” is Section 14 of the original regulation and is codified at Part 1400.

 

§ 95-50-415    Procurements Exempt from Procurement Policies and Procedures

 

The following items are exempt from the College’s procurement and procedures*:

 

(a)       Payment of obligations, which the College is required to pay by law, including paying fees, claims, making refunds, and returning funds held by the College as trustee, custodian, or bailee;

 

(b)       Payment of dues or fees of professional organizations of which the College is a member;

 

(c)       Disbursement of funds to financial institutions for deposit, investment, or safekeeping, including expenses related to their deposit, investment, or safekeeping;

 

(d)       Disbursement of funds to government agencies of the Commonwealth;

 

(e)       Procurement of goods, services, or construction from a Commonwealth government agency, federal government, a state or other type of government, or another educational institution;

 

(f)        Services of expert witnesses for potential or actual litigation of legal matters involving the College and its officers and employees;

 

(g)       Educational materials used in the classrooms, laboratories, and libraries including textbooks, workbooks, visuals, kits, guides, and tests, in print, video, audio, magnetic, or electronic form;

 

(h)       Research and reference materials including books, maps, periodicals, and pamphlets, which are published in print, video, audio, magnetic, or electronic form;

 

(i)        Utility services, including but not limited to telephone, power, water, sewer, whose rates or prices are fixed by regulatory processes or agencies.

 

(j)        Performances, including entertainment, speeches, and cultural and artistic presentations;

 

(k)       Goods for commercial resale by the College (e.g., textbooks);

 

(l)        Sub-grants and contracts to organizations directed by the funding agency;

 

(m)      Used and surplus government items that are advantageous, only available on short notice, and subject to sale, such as through an auction.

 

(n)       Professional service contracts for adjuncts.

 

The Procurement and Property Manager shall maintain a record of all exempt purchases made and shall report these purchases to the President through the Chief Financial and Administrative Officer on a quarterly basis.

 

* So in original.

 

History: Adopted 33 Com. Reg. 31393 (Feb. 24, 2011); Proposed 32 Com. Reg. 31109 (Dec. 20, 2010).

 

Commission Comment: The Commission converted the periods at the ends of subsections (e) and (i) to semicolons pursuant to 1 CMC § 3806(g).

 

Part 500 -       Limitations in Purchasing

 

§ 95-50-501    Items Not to Be Purchased

 

(a)       The following items will not be purchased or paid for with College funds:

(1)       Alcoholic beverages, except those purchased by the President or his/her designee for entertainment of official College guests or for special College events;

(2)       Attaché/briefcases;

(3)       Cigarettes and other tobacco products;

(4)       Clothing, except those purchased for program use or by the bookstore for resale to promote the College and its programs or where such purchases are necessary for the promotion and performance of activities specific to a federal, state, or local grant;

(5)       Coffee-making equipment including all devices for making and serving coffee;

(6)       Contributions or donations to various causes;

(7)       Desk clocks;

(8)       Personal holiday cards, and office or holiday decorations;

(9)       Library fines;

(10)     Medication except for the first aid kit;

(11)     Personally inscribed appointment books;

(12)     Personally inscribed stationery and related supplies, except official business cards;

(13)     Personal type purchases;

(14)     Repairs to personally owned property;

(15)     Repairs to College property where the assigned employee is determined by proper authority to be at fault; and

(16)     Traffic fines.

 

(b)       The above prohibitions apply to all funds expensed by the College unless specifically authorized otherwise by the funding agency.

 

History: Adopted 33 Com. Reg. 31393 (Feb. 24, 2011); Proposed 32 Com. Reg. 31109 (Dec. 20, 2010).

 

Commission Comment:  The original paragraphs were undesignated. The Commission designated them as subsections (a) and (b). The Commission inserted a comma after the word “state” in subsection (a)(4) and corrected the periods at the ends of subsections (a)(7), (a)(9), (a)(12), and (a)(14) to semicolons pursuant to 1 CMC § 3806(g).

 

§ 95-50-505    Unauthorized Purchases

 

(a)       Whenever an employee of the College procures or enters into a verbal contract to procure goods, services, or construction without such authorization or in violation of federal or Commonwealth law or established College policy, this procurement and the liability resulting there from shall not be honored by the College and the employee shall be personally liable for the cost. Deliberate actions of employees committing institutional resources beyond these policies and procedures will be considered just cause for disciplinary action including termination of employment.

 

(b)       Although the personal purchase of goods, services, and construction by a College employee and subsequent request for reimbursement are in violation of College procurement procedures, there are occasions when this method of acquisition may be considered appropriate, e.g., postage costs for urgent mail, printing/copying costs for documents needed immediately. However, this method of acquisition should be used only when the purchase is approved in advance, in writing, by the President or the Chief Financial and Administrative Officer, in the absence of the President, after a review of availability of approve budget for the same.

 

History: Adopted 33 Com. Reg. 31393 (Feb. 24, 2011); Proposed 32 Com. Reg. 31109 (Dec. 20, 2010).

 

Commission Comment: The original paragraphs were undesignated. The Commission designated them as subsections (a) and (b). The Commission inserted commas after the word “services” in subsections (a) and (b) pursuant to 1 CMC § 3806(g). The Commission corrected the capitalization of “federal” in subsection (a) pursuant to 1 CMC § 3806(f).

 

Part 600 -       Small Purchases

 

§ 95-50-601    Conditions for Use

 

College expenditures of less than $25,000 for goods, services, and construction, shall be made in accordance with the small purchase procedures. Expenditures made pursuant to these procedures do not require public notice or public bid openings.

 

§ 95-50-605    Adequate and Reasonable Competition

 

(a)       The College buys on a competitive basis to obtain fair and reasonable prices for quality goods, services, and construction. However, the College recognizes that due to limited stocks maintained by local vendors, it may be difficult at times to solicit quotations from a broad number of vendors for items to be procured. Nevertheless, programs should solicit quotations with the intention of obtaining adequate and reasonable competition.

 

(b)       Quotations may be obtained via the following methods:

(1)       Hard Copy - vendors may provide a hard copy of their price quotation via telephone facsimile, personal delivery, the United States Postal Service.

(2)       Electronically - vendors may transmit their price quotation via telephone facsimile or electronic mail.

(3)       If a project or procurement is deemed urgent, requestors may telephonically call vendors for price quotations. The following information must be written in a cost comparison/quotation worksheet:

(i)        Name and telephone number of the vendor;

(ii)       Name of the person representing the vendor who provided the price information;

(iii)      List of the goods and/or services being sought;

(iv)      Price and quantity of the goods and/or services being sought;

(v)       Date and time of the call;

(vi)      Name and signature of the caller.

 

(c)       The following shall be used as a guideline for soliciting quotations:

 

Dollar Amount

No. of Quotations Required to be Solicited

$0.01 - $2,499.99

At least one written quotation should be obtained.

$2,500 - $24,999.99

At least three written quotations must be obtained; or two written quotations plus a written statement indicating reason(s) for not being able to obtain a third quotation or one quotation and a sole source justification.

$25,000 or more

Formally advertised procurement (Invitation for Bids or Request for Proposals).

 

History: Adopted 33 Com. Reg. 31393 (Feb. 24, 2011); Proposed 32 Com. Reg. 31109 (Dec. 20, 2010).

 

Commission Comment: The original paragraphs were undesignated. The Commission designated them as subsections (a) through (c). The Commission corrected the capitalization of “urgent” in subsection (b)(3) and “vendor” in subsection (b)(3)(i) pursuant to 1 CMC § 3806(f). The Commission converted the periods at the ends of subsections (b)(3)(1) through (b)(3)(v) to semicolons pursuant to 1 CMC § 3806(g). The Commission struck the figures “1,” “2,” and “3” from subsection (c) pursuant to 1 CMC § 3806(e).

 

§ 95-50-610    Purchase Orders

 

(a)       Purchasing Expenditure Authority

Each program expenditure authority is allowed to prepare and issue a purchase order to acquire goods and services in accordance with their authorized budget and the guideline above.

 

(b)       Approval of Purchase Orders

The College official with expenditure authority must approve each purchase order for the program to indicate that the expenditure is consistent with the program it is intended to support. All purchases of $25.000.00 and above must be approved by the President and the Chairperson of the Board of Regents.

 

(c)       Open Purchase Orders

(1)       Open purchase orders may be used to facilitate acquisition of items when:

(i)        The nature but not the precise amount of the requirement is known;

(ii)       The source of supply has been determined; and

(iii)      A number of repetitive orders are anticipated by the program during the period of time that the open purchase order is in effect.

(2)       This method of purchasing should be used when the above conditions exist rather than issuing numerous individual purchase orders.

(3)       An individual open purchase order may not exceed $2,499.99 and may not be issued for a period exceeding the end of the fiscal year in which it was issued.

(4)       The total amount of the open purchase order should be estimated as closely as the purchasing variables will permit. An open purchase order may be issued where the annual cumulative amount of expenditure is less than $24,999.99 as long as the criterion set forth above in this subsection is met.

(5)       Issuance of an open purchase order is subject to the approval of the College official with expenditure authority for the program.

 

(d)       Confirming Purchase Orders

Confirming purchase orders should not be used.

 

History: Adopted 33 Com. Reg. 31393 (Feb. 24, 2011); Proposed 32 Com. Reg. 31109 (Dec. 20, 2010).

 

Commission Comment: The paragraphs of subsection (c) were undesignated in the original regulation. The Commission designated them as subsections (c)(1) through (c)(5).

 

§ 95-50-615    Receipt and Payment of Goods and Services

 

(a)       Own Purchase Orders

The program originating the open purchase order is permitted to pick up/receive the goods charged against the open purchase order. The program should obtain an invoice/receipt from the vendor describing the goods obtained and the open purchase order number should be clearly stated on the invoice. A copy of the vendor invoice/receipt must be provided to the Procurement Property Management Office to ensure that the goods acquired are in accordance with the terms and conditions of the purchase order. The Procurement Property Management Office shall submit the invoice/receipt to the Finance Office for payment.

 

(b)       Other Purchase Orders

Goods ordered through purchase orders other than open purchase orders must be received by the Procurement Property Management Office. In situations where the item ordered is highly unique or specialized and the Procurement Property Management Office is not familiar with the unique specifications of the goods ordered, the Procurement Property Management Office shall contact the program originating the order to verify the goods received. The original vendor invoice/receipt shall be received by the Procurement Property Management Office who in turn shall submit it to the Finance for payment.

 

History: Adopted 33 Com. Reg. 31393 (Feb. 24, 2011); Proposed 32 Com. Reg. 31109 (Dec. 20, 2010).

 

Part 700 -       Sole Source and Expedited Purchasing in Special Circumstances Procurements

 

§ 95-50-701    Conditions for Use

 

(a)       Sole Source

A contract may be awarded for supply, service, or construction without competition when:

(1)       The particular goods, services, or construction have specific, unique feature*, characteristic or capability that is essential in order for the program to accomplish its work.

(2)       The particular goods, services, or construction having the unique feature, characteristic, or capability are available from only one supplier or source.

 

(b)       A written sole source procurement memorandum shall be prepared by the official expenditure authority. The written justification sole source memorandum shall contain:

(1)       The specific, unique feature, characteristic, or capability of the vendor/contractor selected.

(2)       The specific reasons why such unique capabilities are required for the particular procurement;

(3)       What specific efforts were made to obtain competition, and what other specifically named sources, both on island and off-island, have been considered and why they were not selected. Generalized statements are not adequate, and documents to support the statements justifying the sole source procurement are mandatory. Examples of particular goods, services, and construction, which have a unique feature, characteristic, or capability, are:

(i)        Proprietary items;

(ii)       Compatibility with existing equipment; and*

(iii)      Public utility repairs or construction that can only be provided by the utility company;

(iv)      Contracts solely for the purpose of obtaining expert witnesses for litigation;

(v)       Contracts for legal defense, legal advice, or legal services.

 

(c)       Sole Source Justification

A sole source justification memorandum shall be used for such purchases deemed acceptable by the Procurement and Property Manager and/or the Chief Financial and Administrative Officer.

 

* So in original.

 

History: Adopted 33 Com. Reg. 31393 (Feb. 24, 2011); Proposed 32 Com. Reg. 31109 (Dec. 20, 2010).

 

Commission Comment: The Commission inserted commas after the words “service” in subsection (a) and “characteristic” in subsection (b)(1) pursuant to 1 CMC § 3806(g). The Commission inserted a semicolon at the end of subsection (b)(3)(iii) pursuant to 1 CMC § 3806(g). The Commission corrected the capitalization of the word “sole” in subsection (c) pursuant to 1 CMC § 3806(f).

 

§ 95-50-705    Expedited Purchasing in Special Circumstances

 

When special circumstances require the expedited purchasing of goods and/or services, the College official with expenditure authority must request in writing, or electronically, the Procurement and Property Manager to approve expedited procurement without the solicitation of bids or proposals. Factors to be considered by the Procurement and Property Manager in approving or disapproving this request are:

 

(a)       The urgency of the College’s need for the goods or services;

 

(b)       The comparative costs of procuring the goods or services from a sole source or through the competitive process;

 

(c)       The availability of the goods or services in the Commonwealth and the timeliness in acquiring it; and

 

(d)       Any other factors establishing that the expedited procurement is in the best interest of the College.

 

History: Adopted 33 Com. Reg. 31393 (Feb. 24, 2011); Proposed 32 Com. Reg. 31109 (Dec. 20, 2010).

 

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

 

§ 95-50-710    Procedures

 

(a)       Sole Source

In order to execute a sole source purchase a written justification for sole source procurement shall be prepared by the College official with expenditure authority for the program procuring the good, service, or construction. A sole source justification memorandum may be used as deemed acceptable by the Procurement and Property Manager and/or the Chief Financial and Administrative Officer. The sole source justification memorandum shall indicate the following information:

(1)       Unique capabilities required and why they are required; and

(2)       Considerations given to alternative sources.

 

(b)       Expedited Purchasing in Special Circumstances

(1)       Upon the Procurement and Property Manager’s determination that the factors in section 95-50-701(a) justify an expedited purchase, she/he shall process a sole source justification memorandum and assist the College official with the expenditure authority in procuring the required goods or services in the most efficient manner.

(2)       If the Procurement and Property Manager determines that the request for the expedited procurement did not meet the criteria in section 95-50-701(a), she/he should notify the College official with expenditure authority of his/her disapproval in writing.

(3)       The total amount of goods or services that may be procured under this section either by a single or by cumulative procurement shall not exceed the total amount of $25,000.00.

 

History: Adopted 33 Com. Reg. 31393 (Feb. 24, 2011); Proposed 32 Com. Reg. 31109 (Dec. 20, 2010).

 

Commission Comment: The original paragraphs of subsection (b) were undesignated. The Commission designated them as subsections (b)(1) through (b)(3) pursuant to 1 CMC § 3806(a). The Commission substituted section numbers pursuant to 1 CMC § 3806(d). The Commission corrected the capitalization of “sole” in subsections (a) and (b) and “sole source justification memorandum” in subsection (a) pursuant to 1 CMC § 3806(f). The Commission corrected the phrase “Property Manager determination” in subsection (b)(1) to “Property Manager’s determination” pursuant to 1 CMC § 3806(g).

 

Part 800 -       Emergency Procurements

 

§ 95-50-801    Conditions for Use

 

Normal procurement procedures may be suspended for the purchase of goods, services, or construction in bona fide emergency situations. Emergency procurement may be utilized only to purchase that which is necessary to cover the emergency; subsequent requirements shall be obtained using normal purchasing procedures. An emergency procurement must be as competitive as practicable under the circumstances. For this purpose, emergency procurement shall be considered only when the following conditions exist:

 

(a)       A situation which creates a threat to public health, welfare, or safety such as may arise by reason of major natural disaster, epidemic, riot, or fire; and

 

(b)       The existence of such condition creates an immediate and serious need for goods, services, or construction that cannot be met through normal procurement methods, the lack of which would seriously threaten the continued function of the College, the preservation or protection of property, or the health or safety of any person.

 

History: Adopted 33 Com. Reg. 31393 (Feb. 24, 2011); Proposed 32 Com. Reg. 31109 (Dec. 20, 2010).

 

§ 95-50-805    Procedures

 

(a)       A written justification, addressed to the Procurement and Property Manager, stating the basis for the emergency and for the selection of the particular vendor or contractor must be made by the appropriate Expenditure Authority. The written justification must contain the following information:

(1)       Nature of the emergency;

(2)       Work to be done including goods, services, or construction to be procured;

(3)       Name of vendor/contractor and reason for selection of the particular vendor/contractor; and

(4)       Estimated amount of expenditure.

 

(b)       The Procurement and Property Manager shall indicate his/her approval or disapproval of the emergency purchase in writing. Such determination shall be made in consultation with the Chief Financial and Administrative Officer.

 

History: Adopted 33 Com. Reg. 31393 (Feb. 24, 2011); Proposed 32 Com. Reg. 31109 (Dec. 20, 2010).

 

Commission Comment: The original paragraphs were undesignated. The Commission designated subsections (a) and (b) pursuant to 1 CMC § 3806(a).

 

Part 900 -       Purchase Order and Contract Administration

 

§ 95-50-901    General

 

(a)       Purchase order and contract administration consists of the management of all facets of purchase orders and contracts to assure that the vendor’s products meet purchase order requirements and that the contractor’s performance is in accordance with its contractual commitments and that the obligations of the College are fulfilled. It includes the monitoring and supervision of contract actions from award of the contract to completion of the work required. It also includes, but is not limited to, the following:

(1)       Ensuring timely delivery;

(2)       Inspection and acceptance of goods;

(3)       Reconciling of invoices with orders;

(4)       Making payment (progress payments for construction);

(5)       Clarifying contract plans and drawings;

(6)       Issuing amendments or contract modifications, if necessary;

(7)       Resolving disputes;

(8)       Processing claims;

(9)       Issuing stop work orders;

(10)     Interpreting contract provisions;

(11)     Assessing liquidated damages;

(12)     Terminating contracts; and

(13)     Closing the contract file.

 

(b)       The administration of purchase orders and contracts from their initiation to their closing is the responsibility of the appropriate College official with expenditure authority.

 

History: Adopted 33 Com. Reg. 31393 (Feb. 24, 2011); Proposed 32 Com. Reg. 31109 (Dec. 20, 2010).

 

Commission Comment: The original paragraphs were undesignated. The Commission designated subsections (a) and (b) pursuant to 1 CMC § 3806(a). The Commission inserted a semicolon at the end of subsection (a)(9) pursuant to 1 CMC § 3806(g).

 

Part 1000 -     Competitive Sealed Bidding

 

§ 95-50-1001  Conditions For Use

 

(a)       Competitive sealed bidding is a procurement method by which vendors submit sealed bids or proposals (offers) in response to an advertised solicitation. The solicitation is in the form of an Invitation for Bids or Requests for Proposals and sets forth with specificity what the College is interested in acquiring and under what terms and conditions.

 

(b)       Unless authorized by law, all contracts of $25,000 or more for goods, services, and construction shall be awarded by competitive sealed bidding except as provided by the other six methods of source selection, i.e., small purchases, sole source and special circumstances procurements, emergency procurements, competitive sealed proposals, contracting for services, and construction and architect-engineer services.

 

History: Adopted 33 Com. Reg. 31393 (Feb. 24, 2011); Proposed 32 Com. Reg. 31109 (Dec. 20, 2010).

 

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

 

§ 95-50-1005  Split Purchases

 

The parceling of a purchase to avoid competitive bidding requirements is strictly prohibited. If the Procurement and Property Manager determines that a contract has been split into subcontracts for the purpose of avoiding bidding or if a change order or modification is unreasonably being made in a contract to increase the contract price where a contract has been bid and awarded to the lowest responsible and responsive bidder, then she/he may require the contract or the modification to be competitively bid. An unreasonable modification or change order would be, for example, one which would have been reasonably foreseeable at the time of the formation of the contract.

 

History: Adopted 33 Com. Reg. 31393 (Feb. 24, 2011); Proposed 32 Com. Reg. 31109 (Dec. 20, 2010).

 

§ 95-50-1010  Invitation for Bids Procedures

 

(a)       Overview

(1)       Use of the Invitation for Bids precludes negotiation, and award of a contract is always made to the lowest responsive and responsible bidder. A bidder who is not financially or otherwise qualified to perform (responsibility) or who takes exception to the specifications, terms, or conditions in the Invitation for Bids (responsiveness) shall have its bid rejected. This type of procurement is generally used for large scale purchases of goods or services where it is in the best interest of the College to solicit interest from qualified vendors for the same. Examples of such purchases include construction of buildings, development of architectural plans, etc.

(2)       Initiation of bidding processes must originate at the department level following bona fide proof of funds availability. The bid/proposal process shall be controlled by, and under the review of, the Procurement and Property Manager. Prior to notification of award, and following approved selection process, the Legal Counsel shall review the findings with the Procurement and Property Manager. No contract for goods or services, or advice of such contract, involving College funds shall be issued by other than the Procurement and Property Manager.

(3)       The Requisitioner will prepare a memorandum requesting the purchase and the technical specifications.

 

(b)       Preparing the Invitation for Bids

The Invitation for Bids is the means by which competitive bids are solicited. An Invitation for Bids shall include at the minimum:

(1)       An Invitation for Bids number;

(2)       Date of issuance;

(3)       Name, address, and location of the issuing office;

(4)       Specific location where bids must be submitted;

(5)       Date, hour, and place of bid opening;

(6)       A purchase description in sufficient detail to permit full and open competition and allow bidders to properly respond;

(7)       Quantity to be furnished;

(8)       Time, place, and method of delivery or performance requirements;

(9)       Essential contractual terms and conditions; and

(10)     Any bonding requirements.

 

(c)       Public Notice

Adequate and reasonable public notice of the Invitation for Bids shall be given a reasonable time prior to the date set forth for the opening of bids. Publications of notice in a newspaper of general circulation in the Commonwealth once in each week over a period of thirty calendar days shall be deemed to be adequate and reasonable notice, unless it is determined by the Procurement and Property Manager that a shorter period is reasonable and necessary.

 

(d)       Bidding Time

Bidding time is the period of time between the date of publication of the Invitation for Bids and the time and date set for the opening of bids. In each case bidding time will be set to provide bidders a reasonable time to prepare their bids. A bidding time of thirty calendar days shall be provided, unless the Procurement and Property Manager determines a shorter period is reasonable and necessary, however, shall never be less than fourteen calendar days.

 

(e)       Bid Receipt

(1)       All bids shall be submitted to the Procurement and Property Manager. Bids shall be received prior to the time set for opening and shall be maintained sealed in a locked receptacle at the office. Bids submitted from vendors outside the Commonwealth must be postmarked by the date set in the Invitation for Bids and must be received within seven working days of that date. Bidders outside the Commonwealth must notify the Procurement and Property Manager in writing of their intent to bid in order to receive an additional seven days for the receipt of the actual bid documents. This notice of intent to bid may be by any mode of written communication including telex, facsimile, or other electronic transmission.

(2)       If a bid is opened by mistake, it shall be resealed and the person who opened the bid shall write his/her signature and print his/her title on the envelope and deliver it to the Procurement and Property Manager. No information contained in the bid shall be disclosed prior to the bid opening. The Procurement and Property Management Manager shall cause the opened bid to be placed into a sealed receptacle.

 

(f)        Bid Opening

The Procurement and Property Manager shall conduct the bid package opening. Bids shall be opened publicly in the presence of one or more witnesses at the time and place designated in the Invitation for Bids. The Procurement and Property Manager shall be present at the bid opening. The bids received prior to the bid closing date shall be publicly opened. The amount of each bid, together with the name of each bidder shall be recorded; the record and each bid shall be open to public inspection. The Procurement and Property Manager shall prepare a written summary of the bid opening.

 

(g)       Bid Acceptance and Bid Evaluation

Bids shall be unconditionally accepted without alteration or correction, except as authorized in these policies. Bids shall be evaluated based on the requirements set forth in the Invitation for Bids, which may include criteria as is necessary to reasonably permit a determination as to the acceptability of the bid for the particular purpose intended.

 

(h)       Bid Rejection

A bid may be rejected for any of the following reasons:

(1)       Failure to conform to essential requirements of the Invitation for Bids such as specifications or time of delivery;

(2)       Imposition of conditions or restrictions in the bid, which modify requirements of the invitation or limit the bidder’s liability to the College. For example, bids shall be rejected in which the bidder:

(i)        Protects against future changes in conditions, such as increased costs;

(ii)       Fails to state a price and indicates that price shall be the price in effect at the time of delivery;

(iii)      States a price but qualifies it as subject to price in effect at time of delivery; or

(iv)      Limits the rights of the College.

(3)       Unreasonableness as to the price; or

(4)       A bid from a non-responsible bidder.

 

(i)        Correction or Withdrawal of Bids; Cancellation of Awards

Correction or withdrawal of inadvertently erroneous bids, before or after award, or cancellation of awards based on bid mistakes must be approved by the Procurement and Property Manager in writing. After the bid opening, no changes in bid price or other provisions of bids prejudicial to the interest of the College or fair competition shall be allowed. Whenever a bid mistake is suspected, the College shall request confirmation of the bid prior to award. In such an instance, if the bidder alleges an error, the College shall only permit correction of the bid or withdrawal of the bid in accordance with subsections (i)(1) or (i)(2).

(1)       Correction of Bids

Correction of bids shall only be permitted when:

(i)        An obvious clerical mistake is clearly evident from examining the bid document. Examples of such mistakes are errors in addition or the obvious misplacement of a decimal point; or

(ii)       The otherwise low bidder alleges a mistake and the intended bid is evident from the bid document or is otherwise supported by clear and convincing evidence as to the bid intended and the corrected bid remains the low bid. A low bidder may not be permitted to correct a bid mistake resulting from any error in judgment.

(2)       Withdrawal of Bids

Withdrawal of a bid shall only be permitted where the otherwise low bidder alleges a mistake and there is clear and convincing evidence as to the existence of a mistake.

(3)       Cancellation of Awards

Cancellation of awards or contracts shall only be permitted when:

(i)        Evidence as to the existence of the mistake is not discovered until after the award;

(ii)       There exists no clear and convincing evidence to support the bid intended; and

(iii)      Performance of the contract at the award price would be unconscionable.

 

(j)        Award

(1)       The contract shall be awarded with reasonable promptness by written notice to the lowest responsible and responsive bidder whose bid fully meets the requirements and criteria set forth in the Invitation for Bids and these regulations. Unsuccessful bidders shall also be promptly notified.

(2)       Notice of an award shall only be made by the presentation of a contract with all of the required signatures to the bidder. No other notice of an award shall be made. No acceptance of an offer shall occur nor shall any contract be formed until a College contract is written and has been approved by all the College officials required by these regulations. College contracts shall contain a clause, which states that the signature of the private contractor shall be the last in time to be affixed to a contract and that no contract can be formed prior to the approval of all required College officials.

(3)       In the event all bids exceed available funds and the bid of the lowest responsive and responsible bidder does not exceed those funds by more than five percent, and time or economic considerations preclude re-solicitation of work of a reduced scope, the Procurement and Property Manager may be authorized by the President or his/her designee to negotiate an adjustment of the bid price including changes in bid requirements, with the lowest responsive and responsible bidder in order to bring the bid price within the amount of available funds. The negotiation shall be documented in writing and attached to the bidding documents.

 

(k)       Cancellation of Invitation for Bids

An invitation for bids may be canceled, and any and all bids may be rejected, when such action is determined in writing by the College official with expenditure authority and approved by the Procurement and Property Manager to be in the best interest of the College based on:

(1)       Inadequate or ambiguous specifications contained in the solicitation;

(2)       Specifications, which have been revised;

(3)       Goods or services being procured which are not longer required;

(4)       Inadequate consideration given to all factors of cost to the College in the solicitation;

(5)       Bids or proposals received indicate that the needs of the College can be satisfied by a less expensive good or service;

(6)       All offers with acceptable bids or proposals received are at unreasonable prices;

(7)       Bids were collusive; or

(8)       Cancellation is determined to be in the best interest of the College.

 

(l)        Qualifications and Duties

(1)       Responsibilities of Bidders and Offerors

Awards shall be made only to responsible contractors. To be determined responsible, a

prospective contractor must:

(i)        Have adequate financial resources to perform the contract, or the ability to obtain

them;

(ii)       Ability* to comply with the required delivery or performance schedule;

(iii)      Have a satisfactory performance record;

(iv)      Have a satisfactory record of integrity and business ethics;

(v)       Have the necessary organization, experience, and skills (or the ability to attain them) required to successfully perform the contract;

(vi)      Have the necessary production, construction, and technical equipment facilities, or the ability to attain them; and

(vii)     Be otherwise qualified and eligible to receive an award under applicable laws and rules;

(viii)    Not be disbarred from conducting official business with the US Government when such services involve federal funds. This determination shall be made by the Procurement and Property Manager based on a review of information available on entities disbarred at the time of review. Additionally, prospective bidders shall provide assurance in writing that they are not disbarred from conducting official business with the US Government at submission of their interest to provide goods or services to the College as part of a procurement process.

(2)       Obtaining Information

Prior to award, the Procurement and Property Manager shall obtain information from the bidder or offeror necessary to make a determination of responsibility using the factors in subsection (l)(1). The unreasonable failure of a bidder or offeror to promptly supply information in connection with an inquiry with respect to responsibility may be grounds for determination of non-responsibility with respect to that bidder or offeror.

(3)       Right of Non-disclosure

Information furnished by a bidder or offered pursuant to subsection (l)(2) may not be disclosed outside of the office of the Procurement and Property Manager, or any other College official involved without the prior consent of the bidder or offeror.

(4)       Non-responsibility Determination

When a bid or proposal on which a contract award would otherwise be made is rejected because the prospective contractor is found to be non-responsible, a written determination shall be signed by the Procurement and Property Manager stating the basis for the determination and this shall be placed in the contract file.

 

(m)      Pre-qualification of Contractors

Prospective suppliers of goods or services may be pre-qualified for particular types of construction, goods, and services when determined necessary by the Procurement and Property Manager. Opportunity for qualification before solicitation shall be afforded to all suppliers. Solicitation mailing lists of potential contractors shall include, but shall not be limited to, prequalified suppliers. In no event will bidders be allowed to qualify after the bid opening.

 

* So in original.

 

History: Adopted 33 Com. Reg. 31393 (Feb. 24, 2011); Proposed 32 Com. Reg. 31109 (Dec. 20, 2010).

 

Commission Comment: The paragraphs of subsections (a), (e), and (j) were undesignated in the original regulation. The Commission designated them as subsections (a)(1) through (a)(3), (e)(1) through (e)(3), and (j)(1) through (j)(3) pursuant to 1 CMC § 3806(a). The Commission struck the figures “30” in subsections (c) and (d), “7” in subsection (e), and “5%” in subsection (j)(3) pursuant to 1 CMC § 3806(e). The Commission corrected the period at the end of subsection (l)(1)(vii) to a semicolon pursuant to 1 CMC § 3806(g).

 

Part 1100 -     Competitive Sealed Proposals

 

§ 95-50-1101  Conditions for Use

 

When the College official with expenditure authority determines in writing that the use of competitive sealed bidding is either not practical or not advantageous to the College and receives the approval from the Procurement and Property Manager, a contract may be entered into by competitive sealed proposals.

 

History: Adopted 33 Com. Reg. 31393 (Feb. 24, 2011); Proposed 32 Com. Reg. 31109 (Dec. 20, 2010).

 

§ 95-50-1105  Procedures

 

(a)       Request for Proposals

Competitive sealed proposals shall be solicited through a Request for Proposals.

 

(b)       Public Notice

Adequate and reasonable public notice of the request for proposals shall be given in the same manner as provided for in the competitive sealed bids.

 

(c)       Receipt of Proposals

Proposals shall not be disclosed to competing offerors during the process of negotiation. A register of proposals shall be prepared and opened for public inspection after contract award.

 

(d)       Evaluation Factors

The request for proposals shall state the relative importance of price and other evaluation factors.

 

(e)       Discussion With Responsible Offerors and Revisions to Proposals

As provided in the request for proposals, discussions may be conducted with responsible offerors who submit proposals determined to be reasonably susceptible of being selected for award for the purpose of clarification and to insure full understanding of, and responsiveness to, solicitation requirements. Offerors shall be accorded fair and equal treatment with respect to any opportunity for discussion and revision of proposals and such revisions may be permitted after submission and prior to award for the purpose of obtaining the best and final offers. In conducting discussions, there shall be no disclosure of any information derived from proposals submitted by competing offerors.

 

(f)        Award

Award shall be made to the responsible offeror whose proposal is determined in writing to be the most advantageous to the College taking into consideration price and the evaluation factors set forth in the request for proposals. No other factors or criteria shall be used in the evaluation, and the contract file shall contain the basis on which the award is made.

 

(g)       Cancellation of Request for Proposals

A request for proposal may be canceled based on the same factors as provided for in the competitive sealed bids.

 

History: Adopted 33 Com. Reg. 31393 (Feb. 24, 2011); Proposed 32 Com. Reg. 31109 (Dec. 20, 2010).

 

Part 1200 -     Contracting for Services

 

§ 95-50-1201  General

 

Programs requiring specialized skills, knowledge, resources and/or experience, which cannot be provided by existing staff, may obtain such services on a contractual basis from providers outside the College. Under no circumstances should a services contract be used to circumvent College employment procedures. For the purposes of classification, services are categorized as professional services or independent contracts.

 

History: Adopted 33 Com. Reg. 31393 (Feb. 24, 2011); Proposed 32 Com. Reg. 31109 (Dec. 20, 2010).

 

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

 

§ 95-50-1205  Applicability

 

This section shall apply to all College officials, programs, and organizations.

 

History: Adopted 33 Com. Reg. 31393 (Feb. 24, 2011); Proposed 32 Com. Reg. 31109 (Dec. 20, 2010).

 

§ 95-50-1210  Procedures for Contracting for Services and Service Contract Addendum/Change Orders

 

The acquisition of services for all College programs shall be subject to the following procedures:

 

(a)       In general, College policy provides that services shall be acquired by one of the following source selection methods: Small Purchases, Sole Source and Expedited Purchasing in Special Circumstances procurements, Emergency procurements, Competitive Sealed Bidding, Competitive Sealed Proposals, and Construction and Architect-Engineer Services. Programs should review the relevant section of the College Procurement Policies and Procedures to determine the appropriate source selection method for a specific requirement.

 

(b)       Subsequent to completion of the appropriate source selection process, the following procedure shall apply:

(1)       Professional Services

(i)        The program shall notify the Procurement and Property Management Office in writing of the consultant selected to provide the services. The memo shall include all pertinent information to be incorporated into the contract.

(A)      Scope of work and deliverables

(B)       Total obligation of the College

(C)       Account number for certification funds

(D)      Business license

(E)       Tax (Federal/Local) Identification number

(ii)       The Procurement and Property Management Office shall prepare a Contract for Professional Services for the selected contractor.

(iii)      The contract shall be signed by the following individuals in order:

(A)      College official with expenditure authority of the program

(B)       Procurement and Property Manager

(C)       The Funds Certification Officer

(D)      The Chief Financial and Administrative Officer

(E)       Legal Counsel

(F)       President

(G)      Chairperson of the Board of Regents if the contract amount exceeds $24,999.99

(H)      Contractor

(I)        Procurement and Property Manager (for signature verification)

(2)       Non-Professional Services

(i)        The Procurement and Property Manager shall issue an award letter to the independent contractor selected to provide the services and a declination letter to those not chosen.

(ii)       A contract for Independent Services shall be prepared by the Procurement and Property Manager.

(iii)      The contract shall be signed by the following individuals in the same order:

(A)      College official with expenditure authority of the program

(B)       Procurement and Property Manager

(C)       Funds Certification Officer

(D)      Chief Financial and Administrative Officer

(E)       Legal Counsel

(F)       President

(G)      Chairperson of the Board of Regents if the contract amount exceeds $24,999.99

(H)      Contractor

(I)        Procurement and Property Manager - for signature verification

(3)       Limitations

All contracts that exceed $24,999.99 require Chairperson, Board of Regents approval.

 

History: Adopted 33 Com. Reg. 31393 (Feb. 24, 2011); Proposed 32 Com. Reg. 31109 (Dec. 20, 2010).

 

Commission Comment: The phrase “Addendum/Change Orders” in the section title is struck through in the original proposed regulation, but was not noted as amended in the proposed or enacted regulations. The Commission corrected the capitalization of the word “deliverables” in subsection (b)(1)(i)(A) pursuant to 1 CMC § 3806(f).

 

§ 95-50-1215  Exceptions

 

(a)       Honoraria

An “honorarium” is a payment that is primarily intended to confer distinction on or to demonstrate respect, esteem, or admiration for the recipient. It is paid to non-employees at the discretion of the College and is not a fee charged or negotiated by the person being paid. If the recipient is being paid to render services, e.g., to give a lecture or deliver an address, the payment, regardless of the amount, will be considered a payment for services and shall be subject to the procedures mentioned above; Written justification for honoraria exceeding $1,000.00 must be attached to the payment document and maintained in the file by Procurement and Property Manager.

 

History: Adopted 33 Com. Reg. 31393 (Feb. 24, 2011); Proposed 32 Com. Reg. 31109 (Dec. 20, 2010).

 

§ 95-50-1220  Responsibility

 

Programs requiring professional or non-professional services are responsible for:

 

(a)       Where practical, planning the acquisition of the services with adequate procurement leadtime.

 

(b)       Determining limitations, if any, and obtaining all required approvals in advance of contract preparation, and insuring that the specifications and/or contract terms are clear, complete, and justifiable before transmittal to the President.

 

(c)       Ensuring that appropriate supporting documentation are included and made a part of the contract.

 

(d)       Ensuring that all contracted services are performed satisfactorily and on time, in accordance with the contract terms.

 

History: Adopted 33 Com. Reg. 31393 (Feb. 24, 2011); Proposed 32 Com. Reg. 31109 (Dec. 20, 2010).

 

Part 1300 -     Types of Contracts

 

§ 95-50-1301  General

 

The selection of an appropriate contract type depends on factors such as the nature of the goods, services, or construction to be procured, the uncertainties that may be involved in contract performance, and the extent to which the College or contractor is to assume the risk of the cost of performance of the contract. Contract types differ in the degree of responsibility assumed by the contractor.

 

§ 95-50-1305  Types of Contracts

 

The following are the most common types of contracts used by the College. Other types of contracts not described may be used, subject to the approval of the President.

 

(a)       Fixed-Price Contracts

A fixed price contract places responsibility on the contractor for the delivery of the product or the complete performance of the services or construction in accordance with the contract terms at a price that is firm or may be subject to contractually specified adjustments. The fixed-price contract is appropriate for use when the extent and type of work necessary to meet College requirements can be reasonably estimated, as is generally the case for construction or standard commercial products. A fixed-price type of contract is the only type of contract that can be used in competitive sealed bidding.

 

(b)       Leases

A lease is a contract for the use of equipment or property under which title will not pass to the College at any time. A lease may be entered into provided all conditions for renewal and costs of termination are set forth in the lease and the lease is not used to circumvent normal procurement procedures.

 

(c)       Lease-Purchase Contract

A lease-purchase contract is a contract for the use of equipment under which title will pass to the College if and when the College exercises the option to purchase. Such a contract specifies the initial term of the contract with an option for renewal, extension, or purchase. Renewals or extensions for succeeding periods shall be subject to the availability of funds. At the end of the lease term, the College may exercise its option of purchasing the equipment for a nominal amount or returning it to the Contractor. The College does not acquire an equity interest in the equipment until the exercise of the purchase option under this type of contract.

 

(d)       Installment-Purchase Contract

This type of contract provides for the purchase of equipment over a specific period. The contract specifies the initial term of the contract which shall be renewable annually thereafter up to the agreed upon term period, contingent upon the availability of funds. At the end of the specified term, title to the equipment passes to the College. The College does acquire an equity interest in the equipment under this type of contract.

 

(e)       Cost Reimbursement Contract

A cost reimbursement contract may be used when the Procurement and Property Manager determines in writing which is attached to the contract that:

(1)       Uncertainties in the work to be performed make the cost of performance too difficult to estimate with the degree of accuracy required for a firm fixed-price contract; or

(2)       Use of a cost reimbursement contract is likely to be less costly to the College than any other type due to the nature of the work to be performed under the contract.

 

History: Adopted 33 Com. Reg. 31393 (Feb. 24, 2011); Proposed 32 Com. Reg. 31109 (Dec. 20, 2010).

 

§ 95-50-1310  Contracts Not Allowed

 

(a)       Cost-Plus-Percentage of Cost

An agreement on a construction project in which the contractor is provided a specified percentage profit over and above the actual costs of construction.

 

History: Adopted 33 Com. Reg. 31393 (Feb. 24, 2011); Proposed 32 Com. Reg. 31109 (Dec. 20, 2010).

 

§ 95-50-1315  Addendum/Change Order

 

(a)       Execution of a addendum/change order shall only be allowed if an increase, decrease, or change in the scope of work is required which was not reasonably foreseeable at the time of the formation of the contract. However, no change order resulting in an increase in contract cost or time shall be allowed when it is a direct result of the contractor(s) inexperience, inefficiency, or incompetence.

 

(b)       Before adding significant new work to existing contracts, the program shall thoroughly assess whether or not it would be more prudent to seek competition. Change orders on Construction and A & E contracts which exceed 25 percent of the cumulative contract price shall automatically be procured through competitive procedures* section 95-50-1001, except when the procurement of the additional work is authorized without using full and open competition under section 95-50-410(c).

 

(c)       Contractors shall not be allowed to continue working beyond the expiration term of an original contract in the absence of an approved new contract or change order. Addendum/Change orders shall be processed using the procedures for signing new contracts.

 

(d)       Extension of Services. Award of contracts for continuing service requirements are often delayed due to circumstances beyond control of the contracting program. In order to avoid negotiation of short extension* to existing contracts, the contracting program may include an option clause in the contract which will enable the college to require continued performance of any services within the limits and at the rates specified in the contract. The option provision may be exercised more than once, but the total extension of performance there under shall not exceed 6 months.

 

* So in original.

 

History: Adopted 33 Com. Reg. 31393 (Feb. 24, 2011); Proposed 32 Com. Reg. 31109 (Dec. 20, 2010).

 

Commission Comment: The Commission substituted section numbers pursuant to 1 CMC § 3806(d). The final paragraph was undesignated in the original regulation. The Commission designated it as subsection (d) pursuant to 1 CMC § 3806(a).

 

Part 1400 -     Construction and Architect-Engineer Services

 

§ 95-50-1401  Policy

 

It is the policy of NMC to publicly announce all requirements for architect-engineer services and negotiate contracts on the basis of demonstrated competence and qualifications at a fair and reasonable price.

 

§ 95-50-1405  Procedures: Construction

 

(a)       Invitation For Bids

(1)       Contents

The invitation for bids shall be prepared in accordance with Section 9 – C*. In addition,

the following items shall be included in the Invitation for Bids:

(i)        Notice to Bidders. General information regarding the project;

(ii)       Instruction to Bidders. Information on the preparation of bids, bid security requirements, and forms and certifications that must be submitted with the bid;

(iii)      General Conditions. Standard contract clauses governing the performance of work;

(iv)      Special Conditions. Special contract clauses depending on the nature and dollar amount of the work to be performed; and

(v)       Technical Specifications. Specifications governing the technical aspects of the work to be performed.

 

(b)       Bid Security

(1)       Requirement.

Bid security shall be required for all competitive sealed bidding construction contracts where the price is estimated by the Procurement and Property Manager to exceed $25,000.00 or when the Procurement and Property Manager, in consultation with the Chief Financial and Administrative Officer, determines it is in the interest of the College. Bid security shall be on a bid bond, in cash, by certified check, cashier’s check, or other form acceptable to the College. A surety company shall hold the certificate of authority from the U.S. Secretary of the Treasury as an acceptable surety or other surety acceptable to the Attorney General.

(2)       Amount

Bid security shall be an amount equal to at least fifteen percent of the amount of the bid or other amount as specified in the Invitation for Bids depending upon the source of funding.

(3)       Rejection of Bid

Failure to furnish bid security, when required by the invitation, shall result in rejection of the bid as non-responsive.

 

(c)       Contract Performance and Payment Bonds

When a construction contract is awarded in excess of $25,000.00 the following bonds or security shall be delivered to the College and shall become binding on the parties upon the execution of the contract:

(1)       A performance bond satisfactory to the College, executed by a surety company authorized to do business in the Commonwealth or otherwise secured in a manner satisfactory to the College, in an amount equal to one hundred percent of the price specified in the contract; and

(2)       A payment bond satisfactory to the College, executed by a surety company authorized to do business in the Commonwealth or otherwise secured in a manner satisfactory to the College, for the protection of all persons supplying labor and material to the contractor of its subcontractors for the performance of the work provided for in the contract. The bond shall be in an amount equal to one hundred percent of the price specified in the contract.

 

(d)       Suits on Payment Bonds; Right to Institute

Every person who has furnished labor or material to the contractor or its subcontractors for the work provided in the contract, in respect of which a payment bond is furnished under this section, and who has not been paid in full before the expiration of a period of ninety days after the day on which the last of the labor was done or performed by such person or material was furnished or supplied by such person for which such claim is made, shall have the right to sue on the payment bond for the amount, or the balance thereof, unpaid at the time of institution of such suit and to prosecute said action for the sum or sums justly due such person; provided, however that any person having a direct contractual relationship with a subcontractor of contractor but no contractual relationship express or implied with the contractor furnishing said payment bond, shall have a right of action upon the payment bond upon giving written notice to the contractor within ninety days from the date on which such person did or performed the last of the labor or finished or supplied the last of the material upon which such claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the material was furnished or supplied or for whom the labor was done or performed. Such notice shall be personally served or served by mailing the same by registered or certified mail, postage prepaid, in an envelope addressed to the contractor at any place the contractor maintains an office or conducts its business.

 

(e)       Suits on Payment Bonds; Where and When Brought

Every suit instituted upon a payment bond shall be brought in a court of competent jurisdiction for the Commonwealth; but no such suit shall be commenced after the expiration of one year after the day on which the last of the labor was performed or material was supplied by the person bringing suit. The obligee named in the bond need not be joined as a party in any such suit.

 

(f)        Fiscal Responsibility

Every contract modification, change order, or contract price adjustment under a construction contract shall be subject to prior written certification by the Chief, Financial and Administrative Officer as to the effect of the contract modification, change order, or adjustment in contract price on the total project budget or the total contract budget. In the event that the certification discloses a resulting increase in the total project budget and/or the total contract budget, such contract modification, change order, or adjustment in contract price shall not be made unless sufficient funds are available therefore*, or the scope of the project or contract is adjusted so as to permit the degree of completion that is feasible within the total project budget and/or total contract budget as it existed prior to the price under consideration; provided, however, that with respect to the validity, as to the contractor of any executed contract modification, change order, or adjustment in price which the contractor has reasonably relied upon, it shall be presumed that there has been compliance with the provisions of this subsection.

 

History: Adopted 33 Com. Reg. 31393 (Feb. 24, 2011); Proposed 32 Com. Reg. 31109 (Dec. 20, 2010).

 

Commission Comment: The Commission corrected the spelling of “cashier’s check” and inserted a comma after the word “check” in subsection (b)(1) pursuant to 1 CMC § 3806(g). The Commission struck the figures “15%” in subsection (b)(2), “100%” in subsections (c)(1) and (c)(2), “90” in subsection (d), and “1” in subsection (e) pursuant to 1 CMC § 3806(e).

 

§ 95-50-1410  Procedures: Architect-Engineer Services

 

(a)       Procurement Method

Architect-Engineer services shall be procured as provided in section 95-50-1405 except when authorized as a small purchase or emergency procurement.

 

(b)       Policy

It is the policy of NMC to publicly announce all requirements for architect-engineer services and negotiate contracts on the basis of demonstrated competence and qualifications at a fair and reasonable price.

 

(c)       Selection

The Procurement and Property Manager will maintain files of current statements of qualifications of architect-engineer firms. After public announcement of requirement for architect-engineer services, current statements shall be reviewed together with those submitted by other firms in response to the announcement Discussions shall be conducted with at least three of the firms regarding the contract requirements and technical approach and selection made there from, in order of preference, of no less than three firms determined to be the most highly qualified to perform the service required, unless the number of qualified vendor/service providers is less than (3).

 

(d)       Negotiation

The Procurement and Property Manager shall negotiate a contract with the highest qualified architect-engineer firm at a price determined to be fair and reasonable to the College. If a fair and reasonable price cannot be negotiated, negotiations shall be terminated and negotiations shall be undertaken with the second highest qualified firm. If a fair and reasonable price cannot be negotiated, negotiations shall be terminated and negotiations shall be undertaken with the third highest qualified firm. If a fair and reasonable price cannot be negotiated with any of the firms, then the Procurement and Property Management Manager shall select additional firms in order of competence and qualifications and continue negotiations until a fair and reasonable price is agreed upon. In the event only one qualified vendor/service provider is available, the College may at its discretion elect to reject the vendor/service provider or may alternatively choose to negotiate and enter into a contract with the sole vendor/service provider.

 

History: Adopted 33 Com. Reg. 31393 (Feb. 24, 2011); Proposed 32 Com. Reg. 31109 (Dec. 20, 2010).

 

Commission Comment: The Commission substituted section numbers pursuant to 1 CMC § 3806(d). The Commission struck the figure “3” from subsection (b) pursuant to 1 CMC § 3806(e).

 

Part 1500 -     Protests and Disputes

 

§ 95-50-1501  Protests

 

Any actual or prospective bidder, offeror, or contractor who is aggrieved in connection with the solicitation or award of a contract may protest to the President.

 

History: Adopted 33 Com. Reg. 31393 (Feb. 24, 2011); Proposed 32 Com. Reg. 31109 (Dec. 20, 2010).

 

§ 95-50-1505  Disputes

 

Any dispute between the College and a contractor relating to the performance, interpretation of or compensation due under a contract, which is the subject of these regulations, must be filed in writing with the President within ten calendar days after knowledge of the facts surrounding the dispute.

 

History: Adopted 33 Com. Reg. 31393 (Feb. 24, 2011); Proposed 32 Com. Reg. 31109 (Dec. 20, 2010).

 

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

 

§ 95-50-1510  Procedures: Bid Protests and Appeals

 

Protests to the President*

 

(a)       General

(1)       Any actual or prospective bidder, offeror, or contractor who is aggrieved in connection with the solicitation or award of a contract may protest to the President. The protest shall be received by the President in writing within ten days after such aggrieved person knows or should have known of the facts giving rise thereto. The President shall consider all protests or objections to the award of a contract, whether submitted before or after award (within the timeframe provided herein).

(2)       Other persons, including bidders, involved in or affected by the protest shall be given notice of the protest and its basis in appropriate cases. These persons shall also be advised that they may submit their views and relevant information to the President within a specified period of time. Normally, the time specified will be one calendar week.

(3)       The President, in consultation with Procurement and Property Manager, the Chief Financial and Administrative Officer and Legal Counsel, shall decide on the protest within twenty calendar days after all interested parties have submitted their views unless she/he certifies that the complexity of the matter requires a longer time, in which event she/he shall specify the appropriate longer time.

(4)       When a protest, before or after award, has been appealed to the Public Auditor, as provided in these procedures, and the President is requested to submit a report, the President should include with his/her report a copy of:

(i)        The protest;

(ii)       The bid submitted by the protesting bidder and a copy of the bid of the bidder who is for award, or whose bid is being protested;

(iii)      The solicitation, including the specifications on portions relevant to the protest;

(iv)      The abstract of offers or relevant portions;

(v)       Any other documents that are relevant to the protest; and

(vi)      The President’s signed statement setting forth findings, actions, and recommendations and any additional evidence or information deemed necessary in determining the validity of the protest. The statement shall be fully responsive to the allegation of the protest. If the award was made after receipt of the protest, the President’s report will include the determination prescribed in subsection (b)(2).

(5)       Since timely action on protests is essential, they should be handled on a priority basis. Upon receipt of notice that an appeal from the President’s decision has been taken to the Public Auditor, the President shall immediately begin compiling the information necessary for a report as provided in subsection (a)(4). To further expedite processing, the official who furnishes the agency’s report should, upon request of the protester or the Public Auditor, simultaneously furnish a complete copy (except for information privileged by law or which the President deems must be confidential in order to benefit from competitive bidding) to the protester. In such instances, the protester shall be requested to furnish a copy of any comments on the administrative report directly to the Public Auditor as well as the President.

 

(b)       Protests before Award

(1)       When a proper protest against the making of an award is received, the award will be withheld pending disposition of the protest. The bidders whose bids might become eligible for award shall be informed of the protest. In addition, those bidders shall be requested, before expiration of the time for acceptance of their bids, to extend the time for acceptance to avoid the need for re-advertisement. In the event of failure to obtain such extensions of bids, consideration shall be given to proceeding with an award under subsection (b)(2).

(2)       When a written protest is received, award shall not be made until the matter is resolved, unless the President determines that:

(i)        The materials and services to be contracted for are urgently required;

(ii)       Delivery or performance will be unduly delayed by failure to make award promptly; or

(iii)      A prompt award will otherwise be advantageous to the College.

(3)       If award is made under subsection (b)(2), the President shall document the file to explain the need for an immediate award. The President shall also give written notice to the protester and others concerned of the decision to proceed with the award.

 

(c)       Protests after Award

Although persons involved in or affected by the filing of a protest after award may be limited, in addition to the President, at least the contractor shall be furnished the notice of protest and its basis in accordance with subsection (a)(2). When it appears likely that an award may be invalidated and a delay in receiving the supplies or services is not prejudicial to the College’s interest, the President should consider seeking a mutual agreement with the contractor to suspend performance on a no-cost basis.

 

(d)       Computation of Time

(1)       Except as otherwise specified, all “days” referred to in this part are deemed to be working days of the College. The term “file” or “submit” except as otherwise provided refers to the date of transmission.

(2)       In computing any period of time prescribed or allowed by these procedures, the day of the act or event from which the designated period of time begins to run shall not be included.

 

History: Adopted 33 Com. Reg. 31393 (Feb. 24, 2011); Proposed 32 Com. Reg. 31109 (Dec. 20, 2010).

 

Commission Comment: The Commission struck the figures “10” in subsection (a)(1), “1” in subsection (a)(2), and “20” in subsection (a)(3) pursuant to 1 CMC § 3806(e). The Commission substituted section numbers pursuant to 1 CMC § 3806(d).

 

§ 95-50-1515  Appeals to the Public Auditor

 

(a)       Jurisdiction; Exhaustion of Remedies

A written appeal to the Public Auditor from a decision by the President may be taken provided that the party taking the appeal has first submitted a written protest to the President as provided in section 95-50-1510(a)(1) of these Procedures, and the President has denied the protest or has failed to act on the protest within the time provided for in section 95-50-1510(a)(1).

 

(b)       Form of Appeal

No particular form of pleading is required for filing an appeal to the Public Auditor. The appeal shall, however:

(1)       Include the name and address of the appellant;

(2)       Identify the contracting agency and the number of the solicitation or contract;

(3)       Contain a concise, logically arranged, and direct statement of the grounds for appeal; and

(4)       Specifically request a ruling by the Public Auditor.

 

(c)       Time for Filing; Appeal

An appeal from the President’s decision must be received by the office of the Public Auditor not later than ten days after the appellant receives the decision of the President or, in the event that the President has not decided the protest within ten days from the date that s/he should have decided the protest pursuant to section 95-50-1510(a)(3). Any appeal received after these time limits shall not be considered by the Public Auditor, unless good cause is shown or the Public Auditor determines that the appeal presents issues significant to procurement practices that are not outweighed by the detriment to the College should the appeal be considered.

 

(d)       Notice of Protest, Submission of President’s Report, and Time for Filing of Comments on Report

(1)       The Public Auditor shall notify the President by telephone and in writing within one day of the receipt of an appeal, requesting the President to give notice of the appeal to the contractor if award has been made or, if no award has been made, to all bidders or proposers who appear to have a substantial and reasonable prospect of receiving an award if the appeal is denied. The President shall be requested to furnish in accordance with section 95-50-1510(a)(2) of these Procedures copies of the protest and appeal documents to such parties with instructions to communicate further directly with the Public Auditor.

(2)       Material submitted by the appellant will not be withheld from any Commonwealth or federal agency that may be involved in the appeal except to the extent that the withholding of information is permitted or required by law or regulation. If the appellant considers that the protest contains material that should be withheld, a statement advising of this fact must be affixed to the front page of the appeal document and the allegedly proprietary information must be so identified wherever it appears.

(3)       The Public Auditor shall request the President to submit a complete report on the appeal to the Public Auditor as expeditiously as possible (generally within 25 working days) in accordance with section 95-50-1510(a)(4) of these Procedures and to furnish a copy of the report to the appellant and other interested parties as defined in section 95-50-1510(a)(2).

(4)       Comments on the College report shall be filed with the Public Auditor within ten days after the Public Auditor’s receipt of the report, with a copy to the agency office that furnished the report and to other interested parties. Any rebuttal an appellant or interested party may care to make shall be filed with the Public Auditor within five days after receipt of the comments to which rebuttal is directed, with a copy to the agency office that furnished the report, the appellant, and interested parties, as the case may be. Unsolicited agency rebuttals shall be considered if filed within five days after receipt by the agency of the comments to which rebuttal is directed.

(5)       The failure of an appellant or any interest party to comply with the time limits stated in this section may result in resolution of the appeal without consideration of the comments untimely filed.

 

(e)       Withholding of Award

When an appeal has been filed before award, the President will not make an award prior to resolution of the protest except as provided in this section. In the event the President determines that award is to be made during the pendency of an appeal, the President will notify the Public Auditor.

 

(f)        Furnishing of Information on Protests

The Public Auditor shall, upon request, make available to any interested party information bearing on the substance of the appeal that has been submitted by interested parties or agencies except to the extent that withholding of information is permitted or required by law or regulation. Any comments thereon shall be submitted within a maximum of ten days.

 

(g)       Time for Submission of Additional Information

Any additional information requested by the Public Auditor from the appellant or interested parties shall be submitted no later than five days after the receipt of such request. If it is necessary to obtain additional information from the President, the Public Auditor will request that such information be furnished as expeditiously as possible.

 

(h)       Conference

(1)       A conference on the merits of the appeal with the Public Auditor may be held at the request of the appellant, any other interested party, or the President. Request for a conference should be made prior to the expiration of the time period allowed for filing comments on the agency report. Except in unusual circumstances, requests for a conference received after such time will not be honored. The Public Auditor will determine whether a conference is necessary for resolution of the appeal.

(2)       Conferences normally will be held prior to expiration of the period allowed for filing comments on the agency report. All interested parties shall be invited to attend the conference. Ordinarily, only one conference will be held on an appeal.

(3)       Any written comments to be submitted and as deemed appropriately by the Public Auditor as a result of the conference must be received in the Office of the Public Auditor within five days of the date on which the conference was held.

 

(i)        Time for Decision: Notice of Decision

The Public Auditor shall, if possible, issue a decision on the appeal within 25 days after all information necessary for the resolution of the appeal has been received. A copy of the decision shall immediately be mailed or otherwise transmitted to the appellant, other participating parties, and the President.

 

(j)        Request for Reconsideration

(1)       Reconsideration of a decision of the Public Auditor may be requested by the appellant, any interested party who submitted comments during consideration of the protest, the President, and any agency involved in the protest. The request for reconsideration shall contain a detailed statement of the factual and legal grounds upon which reversal or modification is deemed warranted, specifying any errors of law made or information not previously considered.

(2)       Request for reconsideration of a decision of the Public Auditor shall be filed not later than ten days after the basis for reconsideration is known or should have been known, whichever is earlier. The term “filed” as used in this section means receipt in the Office of the Public Auditor.

(3)       A request for reconsideration shall be subject to these bid protest procedures consistent with the need for prompt resolution of the matter.

 

History: Adopted 33 Com. Reg. 31393 (Feb. 24, 2011); Proposed 32 Com. Reg. 31109 (Dec. 20, 2010).

 

Commission Comment: The Commission substituted section numbers pursuant to 1 CMC § 3806(d). The Commission struck the figures “10” in subsection (c), “1” in subsection (d), “10” and “5” in subsection (d)(4), “10” in subsection (f), “5” in subsections (g) and (h)(3), and “10” in subsection (j)(2) pursuant to 1 CMC § 3806(e).

 

§ 95-50-1520  Remedies

 

(a)       Remedies Prior to Award

If prior to award the President or the Public Auditor determines that a solicitation or proposed award of a contract is in violation of law or policies, then the solicitation or proposed award shall be:

(i)        Cancelled; or

(ii)       Revised to comply with law or policies.

 

(b)       Remedies After an Award

If after an award the President or the Public Auditor determines that a solicitation or award of a contract is in violation of law or policies, then:

(1)       If the person awarded the contract has not acted fraudulently or in bad faith:

(i)        The contract may be ratified and affirmed, provided it is determined that doing so is in the best interest of the College; .or

(ii)       The contract may be terminated and the person awarded the contract shall be compensated for the actual expenses reasonably incurred under the contract, plus a reasonable profit, prior to termination.

(2)       If the person awarded the contract has acted fraudulently or in bad faith.

(i)        The contract may be declared null and void; or

(ii)       The contract may be ratified and affirmed if such action is in the best interests of the College, without prejudice to the College’s rights to such damages as may be appropriate.

 

(c)       Finality of Findings of Fact by the Public Auditor

 

A determination of an issue of fact by the Public Auditor under these Procedures shall be final and conclusive unless arbitrary, capricious, fraudulent, or clearly erroneous.

 

History: Adopted 33 Com. Reg. 31393 (Feb. 24, 2011); Proposed 32 Com. Reg. 31109 (Dec. 20, 2010).

 

§ 95-50-1525  Effective Date

 

All protests as to the manner of bidding, the failure to properly award a bid, the failure of college to contract with a business after bidding, or the cancellation of bids which may or may not be subject of a lawsuit but have not reached final judgment as of the effective date of these policies and procedures shall be heard in accordance with this Part upon the request of the actual or prospective bidder, offeror, or contractor who is aggrieved.

 

History: Adopted 33 Com. Reg. 31393 (Feb. 24, 2011); Proposed 32 Com. Reg. 31109 (Dec. 20, 2010).

 

§ 95-50-1530  Disputes

 

(a)       Filing of Disputes

Any dispute between the College and a contractor relating to the performance, interpretation of or compensation due under a contract which is the subject of these policies and procedures, must be filed in writing with the President within ten calendar days after knowledge of the facts surrounding the dispute.

 

(b)       Resolution of Disputes

The Procurement and Property Manager will attempt to resolve the dispute by mutual agreement. If the dispute cannot be settled by mutual agreement and a decision on the dispute is necessary, the President shall review the facts pertinent to the dispute, secure necessary legal assistance and prepare a written decision that shall include:

(1)       Description of the dispute;

(2)       Reference to pertinent contract terms;

(3)       Statement of the factual areas of disagreement or agreement; and

(4)       Statement of the decision as to the factual areas of disagreement and conclusion of the dispute with any supporting rationale.

The President may require a hearing or that information be submitted on the record, at his/her discretion.

 

(c)       Duty to Continue Performance

A contractor that has a dispute pending before the official with expenditure authority or the Procurement and Property Manager must continue to perform according to the terms of the contract, failure to do so shall be deemed to be a material breach of the contract unless s/he obtains a waiver of this provision by the President.

 

History: Adopted 33 Com. Reg. 31393 (Feb. 24, 2011); Proposed 32 Com. Reg. 31109 (Dec. 20, 2010).

 

Commission Comment: The Commission struck the figure “10” from subsection (a) pursuant to 1 CMC § 3806(e). The Commission inserted a comma after the word “assistance” in subsection (b) and a period at the end of subsection (c) pursuant to 1 CMC § 3806(g).

 

Part 1600 -     Ethics in Contracting

 

§ 95-50-1601  Standards of Conduct

 

College personnel who deal with any phase of contracting shall abide by the following:

 

(a)       Gifts

No employee shall solicit, accept, or receive, directly or indirectly, any gift, whether in the form of money, service, loan, travel, entertainment, hospitality, or promise, or in any other form, under circumstances in which it can reasonably be inferred that the gift is intended to influence the employee in the performance of the employee’s official duties or is intended as a reward for any official action on the employee’s part.

 

(b)       Confidential Information

No employee shall disclose information which by law or practice is not available to the public and which the employee acquires in the course of the employee’s official duties, or use the information for the employee’s personal gain or for the benefit of anyone.

 

(c)       Fair Treatment

No employee shall use or attempt to use the employee’s official position to secure or grant unwarranted privileges, exemptions, advantages, contracts, or treatment, for oneself or others including, but not limited to, the following:

(1)       Seeking other employment or contract for services for oneself by the use or attempted use of the employee’s office or position;

(2)       Accepting, receiving, or soliciting compensation or other consideration for the performance of the employee’s official duties or responsibilities except as provided by law;

(3)       Using College time, equipment, or other facilities for private business purposes; and

(4)       Soliciting, selling, or otherwise engaging in a substantial financial transaction with a subordinate or a person or business that the employee inspects or supervises in the employee’s official capacity.

 

(d)       Conflict of Interest

No employee shall participate in any phase of contracting, where, to his or her knowledge, any of the following has a financial interest in that contract:

(1)       The employee or any member of his or her immediate family;

(2)       His or her business partner;

(3)       An organization in which any of the above is an officer, director, partner, or employee; or

(4)       A person or organization with whom any of the above individuals is negotiating or has any arrangement concerning prospective employment.

 

(e)       Disclosure

Any employee who participates directly or indirectly in a procurement and obtains any benefit from any College contract with a business in which the employee has a financial interest shall report such benefit to the Procurement and Property Manager. Any employee who knows or should have known of such benefit and fails to report such benefit is in breach of these ethical standards.

 

(f)        Discovery of Actual or Potential Conflict of Interest.

Upon discovery of an actual or potential conflict of interest, an employee shall promptly file with the Procurement and Property Management Manager a written statement of disqualification and shall withdraw from further participation in the transaction involved. The employee may, at the same time, apply to the Public Auditor for an advisory opinion as to what further participation, if any, the employee may have in the transaction.

 

(g)       Kickbacks.

When expending federal funds, the College is required to comply with the Anti-Kickback Act of 1986, which prohibits the making or accepting of payments for the purpose of improperly obtaining or rewarding favorable treatment.

 

(h)       Restrictions on Employment of Present and Former Employees

(1)       Present Employees

It shall be a breach of ethical standards for any college employee to participate directly or indirectly in procurement when the employee knows that:

(i)        the employee or any member of the employee’s immediate family has a financial interest pertaining to the procurement; or

(ii)       any other person, business, or organization with whom the employee or any member of the employee’s immediate family is negotiating or has arrangement concerning prospective employment is involved in the procurement.

(2)       Discovery of actual or potential conflict of interest, disqualification and waiver. Upon discovery of an actual or potential conflict of interest, an employee shall promptly file with the Procurement and Property Manager a written statement of disqualification and shall withdraw from further participation in the transaction involved. The employee may at the same time, apply to the Chief Financial and Administrative Officer for an advisory opinion as to what further participation, if any the employee may have in the transaction.

(2)       Former Employees

It shall be a breach of ethical standards for any former employee knowingly to act as a principal, or as an agent for anyone other than the College, in connection with any:

(i)        judicial or other proceeding, application, request for ruling or other determination,

(ii)       contract,

(iii)      claim; or

(iv)      charge or controversy

in which the employee participated personally and substantially through decision, approval, disapproval, recommendation, rendering of advice, investigation, or otherwise while an employee, where the College is a party or has a direct or substantial interest.

 

(i)        Disqualification of Business

It shall be a breach of ethical standards for a business in which a college employee has a financial interest knowingly to act as a principal, or as an agent for anyone other than the College, in connection with any:

(1)       judicial or other proceeding, application, request for ruling or other determination,

(2)       contract,

(3)       claim; or

(4)       charge or controversy

in which the employee participated personally and substantially through decision, approval, disapproval, recommendation, rendering of advice, investigation, or otherwise, or which is the subject of the employee’s official responsibility, where the College is a party or has a direct or substantial interest.

 

(j)        Collusion by Bidders

Collusion or secret agreements between bidders for the purpose of securing an advantage to the bidders against the authorizing agent in the awarding of contracts is prohibited. The official with the expenditure authority may declare the contract void if he/she finds sufficient evidence after a contract has been awarded that the contract was obtained by a bidder or bidders by reason of collusive or secret arrangement among the bidders to the disadvantage of the College.

 

(k)       Civil and Administrative Remedies

(1)       College Employees

A College employee is any person whether appointed in an excepted service arrangement*. An employee who violates the provisions of these rules and regulations is subject to adverse action as may be appropriate in his or her particular circumstances. This action includes but is not limited to reprimand, suspension without pay, termination of employment, civil injunction, civil suit for damages or return of College money, or criminal prosecution.

(2)       Contractors

A contractor who violates a provision of these regulations shall be subject to a written warning of reprimand, the termination of the contract or suspension of being a contractor or subcontractor under a College contract in addition to other penalties prescribed by law.

(3)       All proceedings under this section must be in accordance with due process requirements.

 

(l)        Authority to Debar or Suspend

(1)       Authority

After reasonable notice to the person involved and reasonable opportunity for the person to be heard under the Administrative Procedures Act, the President after consultation with the College Legal Counsel shall have authority to debar a person for cause from consideration for award of contracts. The debarment shall not be for a period of more than three years. The President, after consultation with the College Legal Counsel, shall have authority to suspend a person from consideration for award of contracts if there is probable cause for suspension. The suspension shall not be for a period exceeding three months.

(2)       Causes for Debarment or Suspension

The causes for debarment or suspension include the following:

(i)        Conviction for commission of a criminal offense incident to obtaining or attempting to obtain a public or private contract or subcontract, or in the performance of such contract or subcontract;

(ii)       Conviction under Commonwealth or federal statutes of embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, violation of the Consumer Protection Act (4 CMC § 5101 et. seq.), violation of any unfair business practices as prescribed by 4 CMC § 5202, or any other offense indicating a lack of business integrity or business honesty which currently, seriously, and directly affects its responsibility as a College contractor;

(iii)      Conviction under Commonwealth or federal anti-trust statutes arising out of the submission of bids or proposals such as in Chapter 2 of Division 5 of Title 4 of the Commonwealth Code;

(iv)      Violation of contract provisions, as set forth below, of a character which is regarded by the Procurement and Property Management Manager to be so serious as to justify debarment action:

(A)      Deliberate failure without good cause to perform in accordance with the specifications within the time limits provided in the contract; or

(B)       A recent record of failure to perform or of unsatisfactory performance in accordance with the terms of one or more contracts; provided that failure to perform or unsatisfactory performance caused by acts beyond the control of the contractor shall not be considered a basis for debarment.

(v)       Any other cause that the Procurement and Property Manager determines to be so serious and compelling as to affect responsibility as a College contractor, including debarment by another governmental entity; and*

(vi)      For violation of any of the ethical standards set forth in this Section.

(vii)     Debarment from participation or conduct of business with the US Government or its entities by a federal authority legally empowered to make such a decision. The Procurement Property Management Office shall periodically review the list of entities debarred from conducting business with the US Government or its entities issued by a duly authorized entity or agency of the federal government.

 

(m)      Decision

The Procurement and Property Manager shall issue a written decision to debar or suspend. The decision shall state the reasons for the action taken.

 

(n)       Notice of Decision

A copy of the decision shall be mailed or otherwise furnished immediately to the debarred or suspended person.

 

* So in original.

 

History: Adopted 33 Com. Reg. 31393 (Feb. 24, 2011); Proposed 32 Com. Reg. 31109 (Dec. 20, 2010).

 

Commission Comment: The Commission inserted commas after the words “equipment” in subsection (c)(3) and “business” in subsection (h)(1)(ii) pursuant to 1 CMC § 3806(g). The Commission struck periods from the ends of subsections (h)(2)(iv) and (i)(4) pursuant to 1 CMC § 3806(g). The Commission struck the figure “3” in subsection (l)(1) pursuant to 1 CMC § 3806(e).

 

§ 95-50-1605  Purchase Order and Contract Administration

 

(a)       General

Purchase order and contract administration consists of the management of all facets of purchase orders and contracts to assure that the vendor's products meet purchase order requirements and that the contractor’s performance is in accordance with its contractual commitments and that the obligations of the College are fulfilled. It includes the monitoring and supervision of contract actions from award of the contract to completion of the work required. It also includes, but is not limited to, the following:

(1)       Ensuring timely delivery;

(2)       Inspection and acceptance of goods;

(3)       Reconciling of invoices with orders;

(4)       Making payment (progress payments for construction);

(5)       Clarifying contract plans and drawings;

(6)       Issuing amendments or contract modifications, if necessary;

(7)       Resolving disputes;

(8)       Processing claims;

(9)       Issuing stop work orders;

(10)     Interpreting contract provisions;

(11)     Assessing liquidated damages;

(12)     Terminating contracts; and

(13)     Closing the contract file.

 

(b)       The administration of purchase orders and contracts from their initiation to their closing is the responsibility of the appropriate College official with expenditure authority.

 

History: Adopted 33 Com. Reg. 31393 (Feb. 24, 2011); Proposed 32 Com. Reg. 31109 (Dec. 20, 2010).

 

Commission Comment: The Commission designated subsection (b) pursuant to 1 CMC § 3806(a).

 

Part 1700 -     Requirements of Federally Funded Purchases

 

§ 95-50-1701  Federal Flow-down Provisions

 

When expending federal funds certain Federal Acquisition Regulation (FAR) clauses and provisions must be included in any contract entered into by the College. The Procurement and Property Management Manager maintains a current listing of federal flow-down provisions and includes it in all contracts utilizing federal funds.

 

History: Adopted 33 Com. Reg. 31393 (Feb. 24, 2011); Proposed 32 Com. Reg. 31109 (Dec. 20, 2010).

 

§ 95-50-1705  Purchases Using Federal Funds

 

Prior to purchasing with federal funds, College officials with expenditure authority over federally funded programs should be aware of their program's requirements and should inform the Procurement and Property Manager and the Chief Financial and Administrative Officer of any additional regulations or expectations imposed by the granting authority on specific federal programs administered by the College.

 

History: Adopted 33 Com. Reg. 31393 (Feb. 24, 2011); Proposed 32 Com. Reg. 31109 (Dec. 20, 2010).

 

§ 95-50-1710  Federal Acquisition Regulations Applicable to Northern Marianas College

 

(a)       Northern Marianas College is a legally established institution of higher education by the laws of the Commonwealth of the Northern Mariana Islands. It is governed a* Board of Regents who are appointed by the Governor of the Commonwealth of the Northern Mariana Islands. The Board of Regents establishes all policies which govern the operations and conduct of business of the College, including procurement policies. The President, selected and appointed by the Board of Regents, is charged with oversight and implementation of all policies set forth by the Board.

 

(b)       As Northern Marianas College is an institution of higher education, federal acquisition regulations applicable to institutions of higher education, related OMB Circulars and, as applicable, pertinent sections of the Circulars codified in the Code of Federal Regulations apply to federal grants/awards received and administered by Northern Marianas College.

 

(c)       The following is a list of, not comprehensive, federal documents which apply to Northern Marianas College’s administration of federal funds:

(1)       OMB Circular A-110, “Uniform Administrative Requirements for Grants and Agreements With Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations,” applicable chapter in the Code of Federal Regulations under Title 2;

(2)       OMB Circular A-133, “Audits of States, Local Government, and Non-Profit Organizations,” applicable chapter in the Code of Federal Regulations under Title 2;

(3)       OMB Circular A-21, “Cost Principles for Educational Institutions,” applicable chapter in the Code of Federal Regulations under Title 2;

(4)       Agency specific requirements; and

(5)       Agency documentation standards.

(6)       Codified provisions of various circulars and other procurement regulations applicable to Institutions of Higher Education. Examples include, Title 34, Subtitle A, Part 74 applies in conjunction with the policies and procedures contained herein for awards from the US Department of Education; Title 7, Chapter XXX, Part 3019 applies in conjunction with the policies and procedures contained herein for awards from the US Department of Agriculture, etc.

 

History: Adopted 33 Com. Reg. 31393 (Feb. 24, 2011); Proposed 32 Com. Reg. 31109 (Dec. 20, 2010).

 

Commission Comment: The original paragraphs of the regulation were undesignated. The Commission designated subsections (a) through (c) pursuant to 1 CMC § 3806(a). The Commission moved commas inside quotation marks in subsections (c)(1) through (c)(3) pursuant to 1 CMC § 3806(g). The Commission struck the duplicated phrase “applicable chapter in the Code of Federal Regulations under Title 2;” in subsection (c)(3) pursuant to 1 CMC § 3806(g).