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NMC willing to work on refining licensing regs
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Posted on Apr 07 2005
The Northern Marianas College board of regents has expressed willingness to work with the Attorney General’s Office in refining the proposed licensing regulations for postsecondary schools, which the AGO had described as broad and counterproductive, among other things.
NMC chair Kimberlyn King-Hinds said yesterday that the regents have tasked their legal counsel, Jesus C. Borja, to draft the board’s official response to assistant attorney general Alan J. Barak’s memorandum regarding the proposed regulations.
“[The memorandum] was a little disconcerting because [the AGO] used a couple of languages calling our policy arbitrary and capricious. But we are a very gracious board in terms of accepting constructive criticism or feedback,” King-Hinds said. “I don’t want to get into a feud with the AG regarding our policy. Rather, I would like us to sit down and have the opportunity to discuss [the AG’s] concerns.”
She said some of the issues raised by Barak were valid, while others were a matter of opinion. But what’s important, she added, was to have a policy in place, as several institutions and individuals have already expressed interest in applying for a license.
In his 17-page memorandum issued March 19, 2005, Barak recommended redrafting the licensing regulations prepared by NMC.
Barak said the proposed regulations could not be approved by the AGO until certain legal and technical issues are resolved.
“[Your] requirements are so broad and expensive to meet, and self-contradictory that they could put many current Saipan-based, legitimate businesses out of business,” Barak said. “[Moreover], it appears that your regulations may be counterproductive—they make it so difficult, expensive and uncertain to independently open a higher education school here that virtually no legitimate program will come to the CNMI independent of the college.”
The college drafted the regulations in response to the Saipan University scandal in 2003, which occurred due partly to the current absence of any statute or regulation that directly addresses educational fraud and its prevention.
