Title 3, Human Resources

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) Training, development, supervision and evaluation of staff. …

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 “department” of Community and Cultural Affairs, see Executive Or…

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 accounting of the use of such funds shall be made to the…

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 knowingly operate a day care center without a license requir…

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 Source: DL 5-31, § 1 (1977); repealed and reenacted by PL 16-51 § 4 (January 15, 2010).

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” means a program that: (1) is operated by a community-bas…

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 private nonprofit or for-profit agencies, public agen…

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 Source: PL 14-36, § 4; repealed and reenacted by PL 20-43 § 2 (Mar. 2, 2018).

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 responsive to family and caregiver’s needs before fam…

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) procedures and guidelines for determining priorities, elig…

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 purposes provided in 3 CMC §§ 2432 and 2433. (b) bulk of th…

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).

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 is authorized to set up a voucher and/or stipend pro…

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 indicates otherwise, have the following meanings: (a) "Approved employment …

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 figures that repeated written words pursuant to 1 CMC § 3806(e). *PL 17-1 (en…

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 approved employment contract pursuant to which a specifically identified f…

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 worker, to undergo a physical examination in the Commonwealth performed …

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 acceptable to the Secretary, for the faithful performance of the obligat…

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 Secretary shall find necessary, and the expiration date of the card. (1) If t…

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 worker's name, and the relative's name, LIDS number, such identifying inform…

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: The Commission replaced section references with proper code citations and d…

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) Identification. Upon being issued an identification card, a foreign natio…

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 providing coverage for each foreign national worker employed. This contra…

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 required to provide housing, food, transportation, and other benefits beyond…

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 shall cover the rights and obligations of employers, agents of employers, a…

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 made by submitting to the Secretary a renewal form signed by the employer…

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 be granted as a remedy only pursuant to an administrative order issued by…

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 sixty days prior to the reduction in force. Source: PL 15-108, § 4(4937), mod…

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 foreign national worker upon commencement of employment within the Commonwea…

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 workers are employed. (1) No warrant is required for inspection of a worksite,…

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 working conditions, employer-supplied benefits, and the health and safety…

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 contract may make a complaint to the Department. Any employer of a foreign natio…

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 wage laws of the Commonwealth, including but not limited to any violation o…

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 powers as may be necessary to implement this chapter effectively. A hearing…

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, to the foreign national worker at the address supplied with the complaint…

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 evidence shall be given to all parties. Notwithstanding any other provision o…

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. Dismissal shall be reviewable pursuant to the Administrative Procedure Act (1…

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 filing a written notice of appeal, in a form prescribed by regulations, statin…

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 may be contrary to the provisions of this chapter, judicial review shall …

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 of Labor to secure the performance of an employer, with respect to any ob…

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 date of exit and date of return. No final administrative order shall be …

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 CMC § 4956 of this chapter. Source: PL 15-108, § 4(4952), modified. Commis…

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 sections, deleted figures that repeated written words and changed capitaliza…

Responsibility for Costs of Repatriation. (a) The last employer of record of a foreign national worker shall be responsible for the costs of repatriating that worker except that employment under a temporary work authorization shall not give rise to this obligation. For the purpos…

Limited Stay and Re-entry for Litigation Purposes. (a) A foreign national worker who is required to exit the Commonwealth shall be permitted to remain in the Commonwealth for a period not to exceed thirty days in order to pursue a civil or criminal claims, or to pursue violations…

No Stay or Bar in Other Actions. No provision of this chapter shall make available or operate as a stay of any court order of deportation. No provision of this chapter shall bar any other civil or criminal action. Source: PL 15-108, § 4(4957), modified. Commission Comment: The Co…