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Northern Mariana Islands Statutes, Title 4

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Title 4, Economic Resources

115 chapters · 1,834 sections in this title.

All chapters in Title 41,834 Ch 1, General Provisions308 Ch 4, Finances and Management201 Ch 8, Administrative Provisions196 Ch 5, Irrevocable Trust Fund185 Ch 3, Board of Directors141 Ch 2, Powers of the Authority127 Ch 6, Loan Write-offs97 Ch 10, Developer Infrastructure Tax Act78 Ch 9, Other Administrative Provisions76 Ch 21, Taulamwaar Sensible CNMI Cannabis Ac…74 Ch 18, Statutory Liens64 Ch 7, Bond Authorizations55 Ch 14, Non-Residential Construction Tax47 Ch 13, MPLT Line of Credit39

308 sections·Filtered byTitle 4✕Ch 1✕

4 CMC § 6103 Definitions
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Definitions. As used in this division unless the context clearly requires otherwise: (a) “Action” in the sense of a judicial proceeding includes recoupment, counterclaim, setoff, suit in equity and any other proceedings in which rights are determined. (b) “Bank” means any person …
4 CMC § 6104 Effect of Existing Banks
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Effect on Existing Banks. All Commonwealth banks and, to the extent applicable, all banks carrying on banking business from within the Commonwealth shall hereafter be operated in accordance with the provisions of this division, subject to the provisions of 4 CMC §§ 6216 and 6234 …
4 CMC § 6105 Director of Banking
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Director of Banking. (a) For the purpose of this division, the Director of Commerce and Labor shall serve as the Director of Banking. (b) The director may delegate to any officer or employee of the department any of the director’s ministerial powers and duties. (c) The director s…
4 CMC § 6106 Powers of the Director
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Powers of the Director. The director has the following powers: (a) To administer and enforce the provisions of this division as well as any applicable federal banking law for the protection of the general welfare of Commonwealth residents. (b) To investigate the qualifications of…

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4 CMC § 6107 Additional Banking Powers of the Director

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Additional Banking Powers of the Director. In addition to the powers conferred by 4 CMC § 6106, the director may require a bank to: (a) Maintain its accounts in accordance with such regulations as the director may prescribe having regard to the size of the organization. (b) Obser…

4 CMC § 6108 Rules and Regulations

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Rules and Regulations. The director may issue and adopt all necessary rules and regulations to carry out the purposes of this division. In the exercise of this power to make rules and issue regulations pursuant to this division, the director shall act in the interests of promotin…

4 CMC § 6109 Appeals from Determination of the Director

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Appeals from Determinations of the Director. Any person aggrieved by a determination or failure to act of the director may appeal the matter to the Commonwealth Trial Court. The court shall uphold the action of the director if it is supported by evidence found in the record taken…

4 CMC § 6110 Authority of Director: Revocation of Licenses

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Authority of Director: Revocation of Licenses. If in the opinion of the director a bank in carrying on its business, in the Commonwealth or elsewhere, is contravening the provisions of any applicable law, order, or regulations made pursuant to this division, the director may requ…

4 CMC § 6111 Revocation of Licenses: Hearings

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Revocation of Licenses: Hearings. The director shall conduct hearings pursuant to the provisions of the Administrative Procedure Act (1 CMC § 9101 et seq.), prior to ordering any action under 4 CMC § 6110 where the legal rights, duties, or privileges of specific banks are conditi…

4 CMC § 6112 Additional Adjudicatory Powers

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Additional Adjudicatory Powers. (a) The director may subpoena witnesses, compel their attendance, require the production of evidence, administer an oath, and examine any person under oath in connection with any investigation, hearing, or other subject relating to a duty imposed u…

4 CMC § 6113 Court Review

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Court Review. (a) Any person aggrieved and directly affected by an order of the director may appeal to the Commonwealth Trial Court within 30 days after issuance and notice of the order is served upon the party. The validity of an order may be tested only by an appeal and may not…

4 CMC § 6114 Legal Assistance

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Legal Assistance. The director shall utilize the office of the Attorney General or its designee for legal assistance and representation in carrying out the provisions of this division. Source: PL 3-104, § 108. Commission Comment: With respect to the references to the “director” o…

4 CMC § 6115 Banking Interest of Officers and Employees

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Banking Interest of Officers and Employees. No officer or employee of the department may be an officer, director, trustee, attorney, owner, shareholder or partner in any bank, or, except as hereinafter provided, receive, directly or indirectly, any payment or gratuity from any su…

4 CMC § 6116 Annual Report

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Annual Report. The director shall report to the Governor and the legislature within 60 days after the end of each fiscal year. The report shall include a summary of all major changes in the banking business since the last previous report and a statement of the most recent reporte…

4 CMC § 7101 Short Title

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Short Title. This division may be cited as the Commonwealth Insurance Act of 1983. Source: PL 3-107, § 2. Commission Comment: PL 3-107 took effect February 24, 1984.

4 CMC § 7102 Compliance Required

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Compliance Required. No person may transact a business of insurance in the Commonwealth without complying with the applicable provisions of this division. Source: PL 3-107, § 2.

4 CMC § 7103 Definitions

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Definitions. (a) “Alien insurer” means an insurer formed under the laws of a nation other than the United States or a state as defined in this division. (b) “Capital funds” means the excess of the assets of an insurer over its liabilities. Capital stock, if any, shall not be deem…

4 CMC § 7104 Insurance Commissioner Established

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Insurance Commissioner Established. The Insurance Commissioner of the Commonwealth shall be the Director of Banking until such time as the legislature, at the recommendation of the Insurance Commissioner pursuant to 4 CMC § 7112, creates a separate office or position. No bond sha…

4 CMC § 7105 Powers and Duties of Commissioner

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Powers and Duties of Commissioner. The Insurance Commissioner shall have the authority expressly conferred by this division and such other authority as may be reasonably implied from the provisions of this division. The powers and duties of the commissioner include: (a) Administe…

4 CMC § 7106 Administrative Orders and Notice

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Administrative Orders and Notice. The commissioner may issue such orders as may be necessary to carry out his powers and duties. Orders of the commissioner shall not be effective unless in writing signed by the commissioner or under his or her authority. Every order and notice is…

4 CMC § 7107 Enforcement

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Enforcement. (a) The Insurance Commissioner may cause to be prosecuted an action in any court of competent jurisdiction to enforce any order made by the commissioner pursuant to any provision of this division. (b) If the commissioner has cause to believe that any person has viola…

4 CMC § 7108 Delegation

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Delegation. Any power, duty, or function vested in the Insurance Commissioner by this division may be exercised, discharged, or performed by any employee of the Department of Commerce and Labor acting in the name and by the written delegated authority of the commissioner. Source:…

4 CMC § 7109 Records

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Records. (a) The Insurance Commissioner shall preserve in permanent form, records of proceedings, hearings, investigations, and examinations, and shall file those records in the commissioner’s office or a government storage area. (b) The records of the commissioner and insurance …

4 CMC § 7110 Copies and Certificates as Evidence

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Copies and Certificates as Evidence. (a) Copies of records or documents in his office certified to by the Insurance Commissioner shall be received as evidence in all courts in the same manner and to the same effect as if they were the originals. (b) When required for evidence in …

4 CMC § 7111 Interstate Cooperation

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Interstate Cooperation. (a) The Insurance Commissioner shall to the extent the commissioner deems useful for the proper discharge of responsibilities under this division: (1) Consult and cooperate with the public officials having supervision over insurance in the states; (2) Shar…

4 CMC § 7112 Annual Report

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Annual Report. (a) The commissioner, as early each calendar year as accurate preparation enables, shall make and publish a report which shall contain the information required in subsection (b) of this section. Copies of the annual report shall be given to the Governor, the Speake…

4 CMC § 7113 Initial Implementation; Transition

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Initial Implementation; Transition. (a) During the period of two years from February 24, 1984, the commissioner shall be required only to give effect to such provisions of this division as may be necessary to adequately enable the commissioner to report to the legislature pursuan…

4 CMC § 81101 Public School System Water and Waste Water Rate

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Public School System Water and Waste Water Rate. (a) Notwithstanding any law or regulation to the contrary, the Commonwealth Utilities Corporation shall charge the Public School System the commercial rate for water and waste water. (b) CUC may recover the decrease in water and wa…

4 CMC § 8111 Short Title

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Short Title. This chapter may be cited as the Commonwealth Utilities Corporation Act of 2008. Source: PL 4-47, § 1 (§ 8111); amended by EO No. 2006-04, § 4(8111); repealed and reenacted by PL 16-17 § 10(8111), modified. Commission Comment: PL 4-47 took effect October 1, 1985. Exe…

4 CMC § 8112 Definitions

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Definitions. As used in this chapter, the following terms shall, unless the context clearly indicates otherwise, have the following meanings: (a) “Board” means the Board of Directors of the Commonwealth Utilities Corporation; (b) “Commonwealth” means the Commonwealth of the North…

4 CMC § 8113 Bankruptcy Protection

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Bankruptcy Protection. CUC is hereby granted the corporate power under 4 CMC § 8123 to seek bankruptcy protection consistent with its corporate purposes. Source: PL 16-17 § 11.

4 CMC § 8121 Commonwealth Utilities Corporation: Public Corporation

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Commonwealth Utilities Corporation: Public Corporation. (a) There is in the Commonwealth government a Commonwealth Utilities Corporation (CUC), a public corporation. (b) CUC is the successor to Commonwealth Utility Rate Commission for all legal purposes. (c) CUC shall have the fo…

4 CMC § 8122 Commonwealth Utilities Corporation: Duties

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Commonwealth Utilities Corporation: Duties. (a) CUC shall supervise the construction, maintenance operations, and regulation of electric, water, and sewage services; provided that whenever feasible CUC shall contract with the private sector to assume its duties with respect to on…

4 CMC § 8123 Commonwealth Utilities Corporation: Powers

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Commonwealth Utilities Corporation: Powers. Except as otherwise provided or limited in this division or by other law, in order to carry out its duties CUC shall have all of the powers conferred by law on a public corporation, and all the powers reasonably incidental to that purpo…

4 CMC § 8124 CUC Power Privatization

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CUC Power Privatization. The Commonwealth Utilities Corporation shall comply with the provisions of 4 CMC §§ 8521-8573 and any development to privatize the power division of the Commonwealth Utilities Corporation shall be consistent with and subject to the provisions of 4 CMC §§ …

4 CMC § 8131 Board of Directors: Established

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Board of Directors: Established. (a) The Corporation shall be governed by a board of directors. The Board shall be composed of eight members. The Governor shall appoint the members with the advice and consent of the Senate; provided, however, that no employee or official of the C…

4 CMC § 8132 Board of Directors: Meetings

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Board of Directors: Meetings. (a) Meetings of the Board shall be held within the Commonwealth at a time and place publicly designated by the Board at least once every month for its first two years of existence. Thereafter it shall meet at least quarterly. Special meetings may be …

4 CMC § 8133 Officers and Staff of the Corporation

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Officers and Staff of the Corporation. (a) Executive Director. The Board shall appoint an executive director to administer the operations of the corporation on behalf of the Board. The Executive Director shall have, in addition to such other qualifications as the Board may prescr…

4 CMC § 8134 Executive Director: Duties

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Executive Director: Duties. (a) The Executive Director shall prepare an operating manual to implement the general operation and management policies established by this chapter and by the Board including all internal administration, metering, billing, and collection procedures, pr…

4 CMC § 8141 Management

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Management. (a) The Executive Director and Board shall manage the corporation in a business-like manner so as to provide the most efficient delivery of its services at the most reasonable cost to consumers. (b) If the Board contracts with a private business to provide a utility s…

4 CMC § 8142 Rates and Charges; Public Hearing

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Rates and Charges; Public Hearing. Before proposing any schedule affecting rates for services provided by the Corporation, the Board or its designee shall comply with any requirement regarding the holding of public hearings within the Commonwealth required by the PUC. Source: PL …

4 CMC § 8143 Metering and Billing

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Metering and Billing. (a) CUC shall accurately meter electricity and water and shall bill all consumers, including government consumers and all government buildings, for electrical power, water consumption, and sewer services by no later than October 1, 2007, at not less than the…

4 CMC § 8144 Disconnecting of Utility Services

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Disconnection of Utility Services. (a) Offset security deposit. (1) Prior to the disconnection of utility services, the security deposit of residential and commercial customers shall be used to offset amount past due for utility services. (2) CUC shall establish by regulation pro…

4 CMC § 8145 Reconnection of Utility Services

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Reconnection of Utility Services. (a) Fees. The corporation shall charge a reconnection fee of $25.00 for water utility services and $25.00 for electric utility service for residential consumers. In the event both electrical and water services for residential consumers are discon…

4 CMC § 8146 Electric Charges and Rates

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Electric Charges and Rates. Notwithstanding any law or regulation to the contrary, the Commonwealth Utilities Corporation shall establish the following residential electric charges and rates: Commonwealth Utilities Corporation Schedule of Electric Charges and Rates Customer Month…

4 CMC § 8147 Metering

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Metering. Any new schedule of electrical fuel rates shall not apply until the subsequent scheduled monthly meter reading date after the effective date of Public Law 1594. Meter reading estimates shall not exceed the average monthly billing amount for the previous three months. Al…

4 CMC § 8148 Regulations

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Regulations. The Commonwealth Utilities Corporation shall promulgate rules and regulations necessary to implement the provisions of 4 CMC §§ 8146-8148 . Source: PL 15-94 § 4, modified. Commission Comment: The Commission changed “this act” to “4 CMC §§ 8146-8148” pursuant to 1 CMC…

4 CMC § 8151 Legal Counsel

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Legal Counsel. The Board may retain or engage private legal counsel. In addition, unless prevented by conflict from doing so, the Attorney General shall serve as legal counsel to the Corporation upon the request of the Board, providing representation of such scope as the Board ma…

4 CMC § 8152 Procurement and Audits

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Procurement and Audits. (a) The Public Auditor shall audit the operations, books, and records of the Corporation in accordance with 1 CMC § 7710(a) and P.L. 3-91. The final report of the audit shall be made public and shall be transmitted to the Board, the Executive Director, the…

4 CMC § 8153 Conflicts of Interest

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Conflicts of Interest. No member of the Board, officer, counsel, agent, or employee of the Corporation shall in any manner, directly or indirectly, participate in the determination of any question affecting his personal interest or the interests of any enterprise in which he or h…