Title 3, Human Resources

Sanctions and Penalties. After hearing pursuant to the Administrative Procedure Act, 1 CMC § 9191 et seq.: (a) Violation of any subsection of 3 CMC §§ 4923 and 4931 by an employer shall be grounds for debarment of the employer; provided however confiscation of travel documents fo…

Exemptions [Deleted]. Source: PL 15-108, § 4(4965), modified; deleted by PL 17-1 § 5(Q)(6)(c) (March 22, 2010).* Commission Comment: The Commission deleted figures that repeated written words and changed capitalization pursuant to 1 CMC § 3806(e) and (f). *PL 17-1 (enacted on Mar…

No Liability. The review and approval of any employment contract for a foreign national worker shall not subject the Secretary, the Department, or the Commonwealth government to liability on the employment contract, even if the approved employment contract does not comply with th…

Required Records. An employer of any foreign national worker shall keep, and present immediately upon demand by the Secretary or a designee, the following information: (a) Personnel records for each foreign national worker including the name, current residence address, age, domic…

Fees. (a) The Secretary shall establish fees for the administrative actions to be taken by the Department under this part. The Commonwealth government shall be exempted from paying such fees. (b) Fees imposed under subsection (a) for providing data not otherwise published by the …

Statistical Data. (a) The Secretary shall maintain statistical data with respect to the number of foreign national workers employed in each of the relevant NAICS categories. (b) The Secretary shall describe any special definitions used in these regards to account for all employme…

Required Reports. (a) The Secretary shall prepare and submit to the Governor and the presiding officers of the Legislature the following written reports: (1) Within one-hundred-twenty days of the end of the government fiscal year, the Secretary shall prepare an annual report incl…

Electronic Filing and Access. (a) The Secretary shall establish by regulation a plan for switching from hard copy filing of documents to electronic filing of documents at the Department in order to reduce paperwork and the cost of administration of the requirements with respect t…

Transition Provisions. (a) Transition for employment contracts: Any employer employing foreign national workers in the Commonwealth, and any foreign national worker within the Commonwealth, shall comply fully with all provisions of this chapter, and no contract, contract modifica…

Authorization of Appropriations. There is hereby authorized to be appropriated such sums as may be necessary to carry out the provisions of this chapter. Source: PL 15-108, § 4(4973).

Boating Safety: Declaration of Policy. (a) In order to protect the public interest in the prudent and equitable use of the waters of the Commonwealth and to enhance the enjoyment of pleasure boating and other recreational water sports on the waters of the Commonwealth, the Depart…

Boating Safety: Definitions. As used in this chapter: (a) “Boat livery” means a business which holds any vessel for renting, leasing, or chartering. (b) “Commonwealth” means the Commonwealth of the Northern Mariana Islands. (c) “Department” means the Department of Public Safety. …

Boat Numbering. (a) All undocumented vessels equipped with propulsion machinery of any type shall have a number issued by the director. (b) A vessel need not be numbered if it is any of the following: (1) A foreign vessel temporarily using waters subject to the jurisdiction of th…

Boat Numbering: Other Numbers Prohibited. No identification numbers other than those awarded to a vessel as indicated in a valid certificate of number that is in full force and effect shall be displayed on the forward half of any undocumented vessel. Any other previously awarded …

Boat Numbering: Numbers Display. (a) Each number required by 3 CMC § 5421 shall: (1) Be painted on, permanently attached to, or otherwise permanently displayed on each side of the forward half of the vessel in plain vertical characters not less than six inches in height, except a…

Contents of Application for Certificate of Number. The application for a certificate of number shall be made by the owner to the director in accordance with procedures and forms prescribed by the director along with the fees as required by 3 CMC § 5432 and shall contain: (a) Name…

Contents of Certificate of Number. Each certificate of number shall contain the following information: (a) Number issued to the vessel; (b) Expiration date of the certificate; (c) Island of principal use; (d) Name and address of the owner; (e) Statement as to use (pleasure, liver…

Form of Number. Each number issued shall consist of the capital letters “CM” identifying the Commonwealth of the Northern Mariana Islands as the jurisdiction of principal use followed by not more than four numerals; followed by: (a) PU for pleasure use. (b) CF for commercial fish…

Authority to Grant or Refuse Applications. The director shall examine and determine the genuineness, regularity and legality of every application for numbering of a vessel and may in all cases conduct any investigation as may be deemed necessary or require additional information,…

Period of Validity and Renewal of Certificate of Number. (a) The certificate of number initially awarded to a vessel pursuant to this chapter shall continue in full force and effect for a period ending one year from the date of issuance of that certificate unless sooner terminate…

Inspection of Certificates. The certificate of number shall be water-resistant and be available at all times for examination by any federal or Commonwealth law enforcement officer on the vessel for which issued whenever such vessel is in operation. Source: PL 3-25, § 12.

Reporting Requirements. The owner of a vessel required to have a number by 3 CMC § 5421 shall, within 15 days, notify the director of any change in address; the theft or recovery of the vessel; the destruction or abandonment of the vessel; the loss or destruction of a valid certi…

Prohibitions. (a) No person may buy, receive, operate, possess, sell or dispose of a vessel with knowledge that an identification number on the vessel has been removed or falsified and with intent to avoid compliance with this chapter or to conceal or misrepresent the identity of…

Fees and Charges. (a) The fee for each certificate of number shall be $10. (b) The charge for each duplicate certificate of number shall be $2. Source: PL 3-25, § 15.

Definitions. (a) “Conviction” means a final conviction, the payment of a fine, a plea of guilty, or nolo contendere if accepted by the court. (b) “Long-term incapacitating injury” means an injury that causes serious impairment of a body function. (c) “Open container” means any bo…

Boating Under the Influence Prohibited. (a) It is unlawful for a person to operate a vessel on the waters of the Commonwealth if: (1) the person is under the influence of intoxicating liquor or a controlled substance, or both; or (2) the person has a Blood Alcohol Concentration (…

Presumptions. (a) The amount of alcohol in the operator’s blood at the time alleged as shown by chemical analysis of the person’s blood, urine, or breath gives rise to the following presumptions: (1) If at the time the operator had a Blood Alcohol Concentration (BAC) of 0.03 perc…

Implied Consent. (a) A person who operates a vessel on the waters of the Commonwealth is considered to have given consent to chemical tests of his or her blood, breath, or urine for the purpose of determining the amount of alcohol or presence of a controlled substance, or both, i…

Chemical Tests and Analysis of Person’s Blood. The following will apply with respect to a chemical test and analysis of a person’s blood, urine, or breath, other than a preliminary chemical breath analysis: (a) The amount of alcohol or presence of a controlled substance, or both,…

Collection of Fines. Fifty percent of all fines collected for the violation of 3 CMC §§ 5433–40 shall be distributed to the Department of Public Safety to offset the cost of administering Title 3, Division 5, Chapter 4 of the Commonwealth Code. The remaining fifty percent of all …

Penalties. (a) Violation of 3 CMC § 5434(a) or (c) is a misdemeanor punishable by a fine of up to $1,000, or imprisonment for up to one year, or both. (b) Violation of 3 CMC § 5434(b) or (d) is a misdemeanor punishable by a fine of up to $500, or imprisonment for up to six months…

Impoundment. (a) When an operator of a vessel is arrested for violation of 3 CMC §§ 5433– 40, the Department of Public Safety may impound the vessel or, with the permission of the operator or owner of the vessel, the Department of Public Safety may turn the vessel over to a quali…

Accident Reports. (a) The operator of a vessel shall submit a written casualty or accident report to the director whenever a boating accident results in: (1) The death or the disappearance of any person under circumstances that indicate death or injury; (2) Personal injury requir…

Accident Reports: Contents. Each report required by 3 CMC § 5441 must be in writing, dated upon completion, signed by the person who prepared it, and must contain, if available, at least the following information about the casualty or accident: (a) The numbers and names of each v…

Accident Reports: Not Public Records. All written reports required by 3 CMC § 5441 shall be without prejudice to the individual so reporting and shall be for the confidential use of the department or other Commonwealth agencies having use of the records for accident prevention pu…

Classification and Required Equipment. (a) Motor Boat Lights, Whistles and Bells. All lighting, whistle, and bell requirements are to be in compliance with the United States Coast Guard “Navigation Rules: International-Inland” (CG-169). These rules are published by the United Sta…

Vessels Carrying Passengers for Hire. All vessels subject to this chapter which carry passengers for hire shall, in addition to any rules and regulations promulgated under this chapter, comply with the Coast Guard rules and regulations concerning vessels carrying passengers for h…

Boat Liveries. (a) The owner of a boat livery shall cause to be kept a record of the name and address of the person or persons hiring any motorboat or vessel, the identification number thereof, and the departure date and time, and the expected time of return. The record shall be …

Unsafe Operation Prohibited. (a) No person shall operate any motorboat or vessel, or manipulate any water skis, aquaplane, surfboard, or similar device while under the influence of alcohol, any narcotic drug, barbiturate, or marijuana. (b) Subject to the expectations described in…

Water Skis, Aquaplane, Surfboards, or Similar Devices. (a) Observer. No person shall operate a vessel on any waters of the Commonwealth towing a person or persons on water skis, aquaplane, surfboard, or similar device unless there is in the vessel a competent person, in addition …

Overloading or Unsafe Condition Prohibited. Overloading shall be determined by the capacity plate limitations posted on vessels which has been predetermined by the manufacturer for the class or model boat under United States Coast Guard regulations. The capacity plate posted may …

Regattas, Races, Marine Parades, Tournaments or Exhibitions. The Director of Public Safety may regulate the holding of regattas, motorboat or other boat races, marine parades, tournaments or exhibitions which, by their nature, circumstance or location, will introduce extra or unu…

Comprehensive Safety and Educational Program. The Director of Public Safety may inaugurate a comprehensive boating safety and boating educational program, to establish appropriate advisory committees, and to seek the cooperation of boatmen, the federal government and the other st…

Prohibition; Operation Near Shore. (a) No person shall operate a motorboat, vessel, aqua-plane, or have in tow or otherwise assist a person on water skis over five miles per hour within 200 yards of the shore. (b) The director shall promulgate rules and regulations with respect t…

Rules and Regulations. (a) The Director of Public Safety may promulgate rules and regulations with respect to the operation of vessels on any waters within the Commonwealth. (b) Until such time as rules and regulations are adopted, Title 46 of the Code of Federal Regulations, Sec…

Boating Safety: Enforcement. (a) Authority to Stop and Board. Any person empowered to enforce the provisions of this chapter and any rule or regulation adopted pursuant thereto shall at any time, during daylight hours, without any particularized suspicion, have the authority to s…