§ 161. Authorization to conduct hearing and investigations.
§ 162. Procedure for hearings and investigations.
§ 163. Petition to Court for enforcement.
§ 164. Appeals to chief.
§ 165. Appeals to Court.
§ 166. Injunctions.
§ 167. Penalties for violation of chapter.
§ 168. Penalties for violation of section 115.
§ 169. Materiality of all information; Sanctions.
(1) The chief or his district representative is hereby authorized to conduct hearings or investigations as he may deem appropriate and necessary to enforce the provisions of this chapter.
(2) In connection with such hearings or investigations, the chief or his district representative may subpoena witnesses, records, and documents.
(1) The chief or his district representative shall upon a sworn affidavit by a person that a violation of this chapter or any rule or regulation issued thereunder has occurred, investigate all complaints, and he shall have the power to schedule a public or closed hearing as he may deem appropriate under the circumstances.
(2) Adequate notice shall be given to parties involved in the controversy or investigation should a hearing be scheduled, and opportunity shall be made available to them to present such evidence as they may desire.
(3) The district representative of the chief upon conclusion of his investigation or hearing shall have the power to issue an order disposing of the matter. Such order shall be in force and effect until modified, sustained, or repealed by the chief who shall review within 30 days all investigations and hearings conducted on a district level.
(1) The chief may petition the Trial Division of the High Court of the Trust Territory for the enforcement of an order issued under the provisions of this chapter, and the appropriate temporary relief or restraining order.
(2) The chief shall file in the Court a transcript of the records in the proceedings, including, where appropriate, the pleading and testimony upon which the order was entered and the findings and order of the chief.
(3) Upon such filing, the Court shall cause notice to be served upon the person against whom the order is directed. Thereupon the Court shall have jurisdiction of the proceeding and may grant such temporary relief or restraining order as it shall deem just and proper, or issue a decree enforcing, modifying and enforcing as so modified, or setting aside in whole or in part, the order of the chief.
(4) In all such actions the chief shall be represented by the Office of the Attorney General of the Trust Territory.
Anyone aggrieved by a decision of the Employment Service in the implementation of this chapter, or by a decision of the chief in the implementation or enforcement of this chapter, may appeal such decision to the chief within ten days after he received notice of such decision. In connection with such appeal, he shall be entitled to a public hearing, and may be represented in person or by counsel of his choice. Within ten days after such hearing, the chief shall give notice to the appellant of his findings, and issue an order disposing of the matter.
(1) Anyone aggrieved by an order of the chief issued under the provisions of sections 162 or 164 of this chapter may appeal the order to the Trial Division of the High Court of the Trust Territory within ten days following the date of the order.
(2) The commencement of any proceedings in any court shall not operate as a stay of compliance with any provisions of this chapter, or any rules, regulations, or orders issued hereunder.
(3) All findings, decisions, or orders by the chief on questions of fact shall be deemed final if supported by substantial evidence.
Case annotations: If the court were to take the plaintiff at his word that November 26, 2010 is the date of the demand for an immigration hearing, that 17 F.S.M.C. 109(4) obliges the court to view December 26, 2010 as the effective date of rejection, and that 51 F.S.M.C. 165 is now applicable, the court must deny his administrative appeal of the rejection because he filed his motion 15 days after December 26, 2010 and, under 51 F.S.M.C. 165(1), he had to make the appeal within 10 days following the date of the effective rejection. Smith v. Nimea, 17 FSM R. 333, 337 (Pon. 2011).
A party cannot file a civil action in anticipation of an adverse final agency decision and expect, without more, that that civil action works as an administrative appeal of the later-issued final agency decision. In order for a party to include an administrative appeal in a preexisting civil action, he must amend or request leave of court to amend his pleadings. Smith v. Nimea, 17 FSM R. 333, 337 (Pon. 2011).
Under both state and national law, the plaintiff’s claims for wrongful termination and unpaid wages are not property before the FSM Supreme Court when, under state law, the plaintiff is either statutorily barred from asserting his claims for unpaid wages, overtime and wrongful termination due to his failure to appeal the Director’s decision or if the Director was not the proper "Chief" of PL&MD, he is barred by the statute of limitations from further pursuing his claims for his failure to request administrative relief within six years of his employment’s termination and when, under national law, he has failed to make a proper and timely appeal, which would have been to file a new civil action or request leave to amend his complaint by March 4, 2005. Smith v. Nimea, 17 FSM R. 333, 338 (Pon. 2011).
In addition to any of the other penalties prescribed by this chapter, the Attorney General may bring action in the Trial Division of the High Court of the Trust Territory to enjoin violations of the provisions of this chapter or any of the rules and regulations issued pursuant thereto.
(1) Any employer who willfully violates any of the provisions of this chapter or any of the rules and regulations issued pursuant thereto shall, upon conviction thereof, be fined not more than $2,000, or imprisoned for not more than six months, or both.
(2) Any nonresident worker who fails to comply with the provisions of section 138(3) of this chapter shall, upon conviction thereof, be fined not more than $50, or imprisoned for not more than five days, or both.
Any contractor who violates any provision of a Government contract containing the requirements imposed by section 115 of this title shall be guilty of a misdemeanor, and upon conviction thereof shall be sentenced to a fine of $1,000, and shall also be ordered to pay reasonable expenses for transportation, lodging, and board to any employee entitled thereto to whom it was not so furnished.
(1) All information provided to the Labor Division regarding the application of an alien for employment under this chapter, whether such information is submitted by the employer or the alien, or by another person on behalf of the employer or alien, shall be deemed material to the Labor Division’s decision whether to permit such employment.
(2) The furnishing of any false or misleading information by the alien, the employer, or by another person on behalf of the employer or alien, shall be grounds for the Labor Division to deny employment under this chapter.