Title 3 — Human Resources
47 chapters · 719 sections in this title.
3 CMC § 1401 Short Title
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TITLE 3: HUMAN RESOURCES DIVISION 1: EDUCATION § 1401. Short Title. This chapter may be cited as the Child Care Standards Act of 1985. Source: PL 4-67, § 1. Commission Comment: PL 4-67 took effect September 10, 1985.
3 CMC § 1402 Purpose
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TITLE 3: HUMAN RESOURCES DIVISION 1: EDUCATION § 1402. Purpose. (a) In order to fulfill requirements of Section 401 of U.S. Public Law 98-473, each state must enact its own local laws, develop procedures, and promulgate regulations to: (1) Establish procedures for employment hist…
3 CMC § 1403 Definitions
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TITLE 3: HUMAN RESOURCES DIVISION 1: EDUCATION § 1403. Definitions. As used in this chapter: (a) “Child” means any person who has not reached the age of 18. (b) “Day care” means the provision of care for children with or without charging fee. (c) “Day care center” means part-day …
3 CMC § 1404 Designation of Department
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TITLE 3: HUMAN RESOURCES DIVISION 1: EDUCATION § 1404. Designation of Department. The Department of Community and Cultural Affairs is the responsible Commonwealth agency in the licensing of day care facilities in coordination with other relevant Commonwealth agencies. The departm…
3 CMC § 1405 Powers, Functions, and Duties of the Department
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TITLE 3: HUMAN RESOURCES DIVISION 1: EDUCATION § 1405. Powers, Functions, and Duties of the Department. The department shall: (a) Establish rules, regulations, and policies for the licensing and operation of day care centers within the Commonwealth. (b) Grant operation certificat…
3 CMC § 1406 Content of Licensing Requirements
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TITLE 3: HUMAN RESOURCES DIVISION 1: EDUCATION § 1406. Content of Licensing Requirements. Within 90 days after September 10, 1985, the director shall promulgate regulations that address the following concerns with regard to the issuance of licenses for day care centers: (a) Train…
3 CMC § 1407 Procedures
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TITLE 3: HUMAN RESOURCES DIVISION 1: EDUCATION § 1407. Procedures. The Administrative Procedure Act [1 CMC § 9101 et seq.] shall govern the licensing procedures implemented by the department. Source: PL 4-67, § 7. Commission Comment: With respect to the reference to the “departme…
3 CMC § 1408 Grants
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TITLE 3: HUMAN RESOURCES DIVISION 1: EDUCATION § 1408. Grants. The department may accept gifts and grants-in-aid from any source for expenditure by the director without further appropriation. The funds shall be used for any lawful purpose undertaken by the department. An annual a…
3 CMC § 1409 Penalty
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TITLE 3: HUMAN RESOURCES DIVISION 1: EDUCATION § 1409. Penalty. (a) Any person who operates a day care center on or after January 7, 1986, shall apply for a license, as required by this chapter, within 90 days from January 7, 1986. (b) It shall be unlawful for any person to knowi…
3 CMC § 2411 Commonwealth Health Center
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TITLE 3: HUMAN RESOURCES DIVISION 2: HEALTH § 2411. Commonwealth Health Center. The Commonwealth Hospital located on Saipan shall be known as the “Commonwealth Health Center.” Source: DL 5-31, § 1 (1977); repealed and reenacted by PL 16-51 § 4 (January 15, 2010).
3 CMC § 2412 Payment of Fees for Services
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TITLE 3: HUMAN RESOURCES DIVISION 2: HEALTH § 2412. Payment of Fees for Services. [Repealed] Source: 63 TTC § 155; repealed by PL 16-51 § 8 (January 15, 2010). Commission Comment: With respect to the reference to the “Department of Public Health and Environmental Services,” see E…
3 CMC § 2431 Definitions and Scope
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TITLE 3: HUMAN RESOURCES DIVISION 2: HEALTH § 2431. Definitions and Scope. As used in this Act unless the context provides otherwise: (a) “Caregiver” means an individual providing ongoing care to one who is unable to care for oneself. (b) “Community Respite Services Program” mean…
3 CMC § 2432 Commonwealth Respite Services Program; Established
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TITLE 3: HUMAN RESOURCES DIVISION 2: HEALTH § 2432. Commonwealth Respite Services Program; Established. The DCCA shall establish the Commonwealth Respite Services Program (CRSP) to develop and encourage statewide coordination of respite services and to work with community-based p…
3 CMC § 2433 Program; Administration
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TITLE 3: HUMAN RESOURCES DIVISION 2: HEALTH § 2433. Program; Administration. The DCCA, through the Commonwealth Respite Services Program, shall coordinate the establishment of community respite services programs. Source: PL 14-36, § 4; repealed and reenacted by PL 20-43 § 2 (Mar.…
3 CMC § 2434 Services; Requirements
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TITLE 3: HUMAN RESOURCES DIVISION 2: HEALTH § 2434. Services; Requirements. Respite services made available through the Commonwealth Respite Services Program shall: (a) offer access to available respite services that are built on existing community support and services that are r…
3 CMC § 2435 Rule-making Authority
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TITLE 3: HUMAN RESOURCES DIVISION 2: HEALTH § 2435. Rule-making Authority. The DCCA is hereby authorized to hire personnel and shall adopt and promulgate rules and regulations for the operation and administration of the Commonwealth Respite Services Program, including: (a) proced…
3 CMC § 2436 Authorized Expenditures of Appropriated Funds
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TITLE 3: HUMAN RESOURCES DIVISION 2: HEALTH § 2436. Authorized Expenditures of Appropriated Funds. The Commonwealth Respite Services Program, under the administering authority of the DCCA, shall use the funds appropriated to the program for the following purposes: (a) the purpose…
3 CMC § 2437 Authorization for Appropriation
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TITLE 3: HUMAN RESOURCES DIVISION 2: HEALTH § 2437. Authorization for Appropriation. Funding shall be made available through the annual budget appropriation process. Source: PL 14-36, § 8; repealed and reenacted by PL 20-43 § 2 (Mar. 2, 2018).
3 CMC § 2438 Expenditure and Fiscal Authority
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TITLE 3: HUMAN RESOURCES DIVISION 2: HEALTH § 2438. Expenditure and Fiscal Authority. The DCCA shall be the expenditure authority over funds appropriated for the Commonwealth Respite Services Program. In addition to any other forms of assistance provided under this Act, the DCCA …
3 CMC § 4911 Foreign National Workers: Definitions
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TITLE 3: HUMAN RESOURCES DIVISION 4: EMPLOYMENT AND REGISTRATION § 4911. Foreign National Workers: Definitions. The definitions in 3 CMC § 4511 are hereby incorporated by reference and, in addition, as used in this chapter, the following terms shall, unless the context clearly in…
3 CMC § 4921 Entry by Foreign National Workers. [Deleted by PL 17-1 § 5(Q)(2)(b)]
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TITLE 3: HUMAN RESOURCES DIVISION 4: EMPLOYMENT AND REGISTRATION § 4921. Entry by Foreign National Workers § 5(Q)(2)(b)]. [Deleted by PL 17-1 Source: PL 15-108, § 4(4921), modified; deleted by PL 17-1 § 5(Q)(2)(b) (March 22, 2010).* Commission Comment: The Commission deleted figu…
3 CMC § 4922 Approved Employment Contract
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TITLE 3: HUMAN RESOURCES DIVISION 4: EMPLOYMENT AND REGISTRATION § 4922. Approved Employment Contract. (a) Each foreign national worker in the Commonwealth shall be a party to a currently effective approved employment contract. (b) An employer may apply to the Department for an a…
3 CMC § 4923 Health Certifications
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TITLE 3: HUMAN RESOURCES DIVISION 4: EMPLOYMENT AND REGISTRATION § 4923. Health Certifications. (a) The Secretary may require a foreign national worker admitted to the Commonwealth, or a person admitted to the Commonwealth as a member of the immediate family of a foreign national…
3 CMC § 4924 Approved Security Contract
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TITLE 3: HUMAN RESOURCES DIVISION 4: EMPLOYMENT AND REGISTRATION § 4924. Approved Security Contract. (a) Prior to commencement of work by a foreign national worker, an employer shall submit to the Secretary an approved security contract providing financial assurance, in an amount…
3 CMC § 4925 Foreign National Worker Status
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TITLE 3: HUMAN RESOURCES DIVISION 4: EMPLOYMENT AND REGISTRATION § 4925. Foreign National Worker Status. (a) The Secretary shall cause to be issued an identification card which shall include the foreign national worker's name, LIDS number, such identifying information as the Secr…
3 CMC § 4926 Entry By Immediate Family Members of Foreign National Workers
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TITLE 3: HUMAN RESOURCES DIVISION 4: EMPLOYMENT AND REGISTRATION § 4926. Immediate Relative of a Foreign National Worker Status. (a) Each immediate relative of a foreign national worker shall be issued an identification card which shall include the sponsoring foreign national wor…
3 CMC § 4927 Entry by Foreign National Workers in Religious Occupations. [Deleted by PL 17-1 § 5(Q)(2)(h)]
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TITLE 3: HUMAN RESOURCES DIVISION 4: EMPLOYMENT AND REGISTRATION § 4927. Entry by Foreign National Workers in Religious Occupations [Deleted by PL 17-1 § 5(Q)(2)(h)]. Source: PL 15-108, § 4(4927), modified; deleted by PL 17-1 § 5(Q)(2)(h) (March 22, 2010).* Commission Comment: Th…
3 CMC § 4931 Standard Conditions of Employment
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TITLE 3: HUMAN RESOURCES DIVISION 4: EMPLOYMENT AND REGISTRATION § 4931. Standard Conditions of Employment. (a) Single employer. A foreign national worker may be employed by only one employer pursuant to a single approved employment contract except as provided by regulation. (b) …
3 CMC § 4932 Medical Insurance
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TITLE 3: HUMAN RESOURCES DIVISION 4: EMPLOYMENT AND REGISTRATION § 4932. Medical Insurance. (a) After commencement of operation of the LHIRF as provided in subsection (d) of this section, employers of foreign national workers may opt to have an approved health insurance contract …
3 CMC § 4933 Benefits
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TITLE 3: HUMAN RESOURCES DIVISION 4: EMPLOYMENT AND REGISTRATION § 4933. Benefits. Except as otherwise provided by a memorandum or other agreement between the Commonwealth and the foreign country that issued a passport to the foreign national worker, employers may but are not req…
3 CMC § 4934 Orientation
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TITLE 3: HUMAN RESOURCES DIVISION 4: EMPLOYMENT AND REGISTRATION § 4934. Orientation. (a) Within one week of arrival in the Commonwealth each foreign national worker shall attend an orientation at the Department or other location as designated by the Secretary. The orientation sh…
3 CMC § 4935 Contract Renewal
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TITLE 3: HUMAN RESOURCES DIVISION 4: EMPLOYMENT AND REGISTRATION § 4935. Contract Renewal. (a) An approved employment contract with a foreign national worker may be renewed. The criteria for approval of renewals shall be provided by regulation. (b) A request for renewal shall be …
3 CMC § 4936 Transfer By Administrative Order
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TITLE 3: HUMAN RESOURCES DIVISION 4: EMPLOYMENT AND REGISTRATION § 4936. Transfer By Administrative Order. A foreign national worker shall not transfer from one employer to another at any time prior to or after contract expiration. A transfer or extension of time to transfer may …
3 CMC § 4937 Reductions in Force
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TITLE 3: HUMAN RESOURCES DIVISION 4: EMPLOYMENT AND REGISTRATION § 4937. Reductions in Force. An employer who employs foreign national workers may reduce the number of current employees based on economic necessity. The employer shall provide notice to the Department at least sixt…
3 CMC § 4938 Avoidance and Early Resolution of Potential Labor Disputes
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TITLE 3: HUMAN RESOURCES DIVISION 4: EMPLOYMENT AND REGISTRATION § 4938. Avoidance and Early Resolution of Potential Labor Disputes. (a) Notice to Foreign National Workers. The Secretary shall approve a form of written notice and each employer shall deliver the notice to each for…
3 CMC § 4939 Inspection of Worksites
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TITLE 3: HUMAN RESOURCES DIVISION 4: EMPLOYMENT AND REGISTRATION § 4939. Inspection of Worksites. (a) Administrative inspections of worksites. In order to enforce the labor laws of the Commonwealth, the Secretary or a designee may inspect any worksite where foreign national worke…
3 CMC § 4940 Investigations
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TITLE 3: HUMAN RESOURCES DIVISION 4: EMPLOYMENT AND REGISTRATION § 4940. Investigations. The Department or a designee shall conduct investigations as the Department may deem appropriate and necessary to enforce the provisions of this chapter and regulations, and to ensure lawful …
3 CMC § 4941 Complaints and Actions in Labor Matters
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TITLE 3: HUMAN RESOURCES DIVISION 4: EMPLOYMENT AND REGISTRATION § 4941. Complaints and Actions in Labor Matters. (a) Individual complaints. Any foreign national worker who is aggrieved by the failure or refusal of his or her employer to comply with an approved employment contrac…
3 CMC § 4942 Jurisdiction of the Administrative Hearing Office
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TITLE 3: HUMAN RESOURCES DIVISION 4: EMPLOYMENT AND REGISTRATION § 4942. Jurisdiction of the Administrative Hearing Office. (a) Jurisdiction. The Administrative Hearing Office shall have original jurisdiction to resolve all actions involving alleged violations of the labor and wa…
3 CMC § 4943 Reserved
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TITLE 3: HUMAN RESOURCES DIVISION 4: EMPLOYMENT AND REGISTRATION § 4943. Reserved. Source: PL 15-108, § 4(4943).
3 CMC § 4944 Powers of the Hearing Officer
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TITLE 3: HUMAN RESOURCES DIVISION 4: EMPLOYMENT AND REGISTRATION § 4944. Powers of the Hearing Officer. A hearing officer shall have general power to issue subpoenas, summon witnesses, require production of books, papers, documents and records, administer oaths, and such other po…
3 CMC § 4945 Service of Process
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TITLE 3: HUMAN RESOURCES DIVISION 4: EMPLOYMENT AND REGISTRATION § 4945. Service of Process. Service of process for any notice of any kind required for any proceeding conducted by the Administrative Hearing Office may be by personal service, by first class mail, postage prepaid, …
3 CMC § 4946 Conduct of Hearings
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TITLE 3: HUMAN RESOURCES DIVISION 4: EMPLOYMENT AND REGISTRATION § 4946. Conduct of Hearings. A hearing shall be commenced as soon as practicable after filing of a complaint and any mediation that may be held in the matter. Adequate notice and opportunity to present relevant evid…
3 CMC § 4947 Orders and Relief
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TITLE 3: HUMAN RESOURCES DIVISION 4: EMPLOYMENT AND REGISTRATION § 4947. Orders and Relief. (a) The hearing officer may, after notice and an opportunity to be heard is provided to the parties, dismiss sua sponte a complaint that the hearing officer finds to be without merit. Dism…
3 CMC § 4948 Appeal to the Secretary
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TITLE 3: HUMAN RESOURCES DIVISION 4: EMPLOYMENT AND REGISTRATION § 4948. Appeal to the Secretary. (a) Within fifteen days of issuance, any person or party affected by findings, decisions, or orders made pursuant to 3 CMC § 4947 of this chapter may appeal to the Secretary by filin…
3 CMC § 4949 Judicial Review
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TITLE 3: HUMAN RESOURCES DIVISION 4: EMPLOYMENT AND REGISTRATION § 4949. Judicial Review. (a) Judicial review of a final action of the Secretary is authorized after exhaustion of all administrative remedies and shall be initiated within thirty days of final action. (b) Except as …
3 CMC § 4950 Preservation of Private Rights of Action
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TITLE 3: HUMAN RESOURCES DIVISION 4: EMPLOYMENT AND REGISTRATION § 4950. Preservation of Private Rights of Action. (a) A foreign national worker may bring a direct action in the Commonwealth courts against an employer, or against the issuer of any bond required by the Department …
3 CMC § 4951 Exit During the Contract Term
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TITLE 3: HUMAN RESOURCES DIVISION 4: EMPLOYMENT AND REGISTRATION § 4951. Exit During the Contract Term. A foreign national worker who exits the Commonwealth during the term of an approved employment contract for any purpose other than employment shall inform the Department of the…
3 CMC § 4952 Exit After the Contract Term
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TITLE 3: HUMAN RESOURCES DIVISION 4: EMPLOYMENT AND REGISTRATION § 4952. Exit After the Contract Term. A foreign national worker shall exit the Commonwealth within fifteen days after the date of termination of the approved employment contract or renewal, except as provided by 3 C…
3 CMC § 4953 Periodic Exit Required [Deleted]
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TITLE 3: HUMAN RESOURCES DIVISION 4: EMPLOYMENT AND REGISTRATION § 4953. Periodic Exit Required [Deleted]. Source: PL 15-108, § 4(4953), § 5(Q)(5)(a)(March 22, 2010).* modified; deleted by PL 17-1 Commission Comment: The Commission replaced section references with proper code sec…