TITLE 10: LOCAL LAWS DIVISION 2: SECOND SENATORIAL DISTRICT (TINIAN, ETC.)
§ 2530. Division of Enforcement. (a) There is hereby established a Division of Enforcement under the Commission, to be headed by the Executive Director which shall have the responsibility for enforcement of this chapter and for conducting investigations under this chapter. (b) Powers and Duties (1) The Division shall promptly and in reasonable order investigate all applications, enforce the provisions under this chapter and any regulations promulgated thereunder, and prosecute before the Commission all proceedings for violations of this chapter or any regulations promulgated hereunder. The Division shall provide the Commission with all information necessary for all action under article 3 of this chapter and for all proceedings involving enforcement of the provisions of this chapter or any regulations promulgated hereunder. (2) The Division shall: (i) Investigate the qualifications of each applicant before any license, certificate, or permit is issued pursuant to the provisions of this chapter; (ii) Investigate the circumstances surrounding any act or transaction for which Commission approval is required; (iii) Investigate violations of this chapter and regulations promulgated hereunder; (iv) Initiate, prosecute and defend such proceedings before the Commission, or appeals therefrom, as the Division may deem appropriate; (v) Provide assistance upon request by the Commission in the consideration and promulgation of rules and regulations; (vi) Conduct continuing review of casino operations through onsite observation and other reasonable means to assure compliance with this chapter and regulations promulgated hereunder, subject to 10 CMC § 2521(h)(8). (c) The Division shall refer for prosecution all criminal violations of this chapter to the Attorney General. The Division and its employees and agents shall have such law enforcement powers provided under this chapter and as may be delegated to it by the Attorney General to effectuate the purposes of this chapter. (d) The Division and its employees and agents, upon approval of the Executive Director, shall have the authority, without notice and without warrant: (1) To inspect and examine all premises wherein casino gaming is conducted; or gaming devices or equipment are manufactured, sold, distributed, or serviced, or wherein any records of such activities are prepared or maintained; (2) To inspect all equipment and supplies in, about, upon or around such premises; (3) To seize summarily and remove from such premises and impound any such equipment or supplies for the purposes of examination and inspection;
TITLE 10: LOCAL LAWS DIVISION 2: SECOND SENATORIAL DISTRICT (TINIAN, ETC.)
(4) To inspect, examine and audit all books, records, and documents pertaining to a casino licensee’s operation, including required table game and slot accounting systems. (5) To seize, impound or assume physical control of any book, record, ledger, game, device, cash box and its contents, counting room or its equipment, or casino operations; and (6) To inspect the person, and personal effects present in a casino facility licensed under this chapter, or any holder of a license or registration issued pursuant to this chapter while that person is present in a licensed casino facility. (e) To effectuate further the purposes of this chapter, the Division and its employees and agents may obtain administrative warrants for the inspection and seizure of any property possessed, controlled, bailed or otherwise held by any applicant, licensee, registrant, intermediary company, or holding company. (f) The Division may investigate, for the purpose of prosecution, any suspected violation of the provisions of this chapter or of any criminal activity engaged in on the casino premises. For the purposes of the administration and enforcement of this chapter, so far as it involves crimes against the property of gaming licensees, the Commission, the Division and the executive, supervisory and investigative personnel of both the Commission and the Division have the powers of a peace officer of the Commonwealth. (g) For the purpose of protecting members of the Commission and providing security at meetings of the Commission or Division, the employees of the Division have the powers of peace officers of the Commonwealth. (h) The Division or the Commission shall initiate proceedings or actions appropriate to enforce the provisions of this chapter and may request that the Attorney General prosecute any public offense committed in violation of this chapter. If the Division initiates any action or proceeding or requests the prosecution of any offense, it shall immediately notify the Commission. (i) The Commission and its employees shall exercise police powers against non-licensees or applicants only to the extent that such “police powers” or “powers of a peace officer” have been specifically delegated by the Commonwealth Department of Public Safety. The Commission shall refer to the Office of the Attorney General all requests for prosecutions of violations of the criminal code of the CNMI. The Attorney General’s office shall then review and evaluate the referral and independently determine whether criminal prosecution should be undertaken. Neither the Commission or its employees shall undertake warrantless searches of non-licensees unless such search is otherwise permitted by law and shall conduct a warrantless search of licensees only pursuant to a waiver of rights given by the licensee to the Commission or its employees. Source: TLL 21-9, § 4 (§ 2530) (Mar. 30, 2020).