Marshall Islands Administrative Procedure Act 1979
TITLE 6 – PUBLIC PROCEEDINGS AND RECORDS
CHAPTER 1 - ADMINISTRATIVE PROCEDURE ACT
sRepublic of the Marshall Islands
Jepilpilin Ke Ejukaan
MARSHALL ISLANDS ADMINISTRATIVE PROCEDURE
ACT 1979
Arrangement of Sections
Section Page
§101. Short Title. ............................................................................................................................. 3
§102. Interpretation. ....................................................................................................................... 3
§103. Public information; adoption of rules; availability of rules and orders. ...................... 4
§104. Notice procedure for adoption of rules. ............................................................................ 5
§105. Emergency rules. .................................................................................................................. 6
§106. Effective date and filing of rules. ....................................................................................... 6
§107. Publication of rules. ............................................................................................................. 7
§108. Petition for adoption of rules. ............................................................................................. 7
§109. Declaratory judgment on validity or applicability of rules. ........................................... 8
§110. Declaratory rulings by agencies. ........................................................................................ 8
§111. Contested cases; notice; hearing; records. ......................................................................... 8
§112. Rules of evidence; official notice. ....................................................................................... 9
§113. Examination of evidence by agency. ............................................................................... 10
§114. Decisions and orders. ......................................................................................................... 10
§115. Ex parte consultations. ....................................................................................................... 11
§116. Licenses. ............................................................................................................................... 11
§117. Judicial review of contested cases. ................................................................................... 12
§118. Appeals. ............................................................................................................................... 13
§119. Validity of regulations. ...................................................................................................... 13
TITLE 6 – PUBLIC PROCEEDINGS AND RECORDS
CHAPTER 1 - ADMINISTRATIVE PROCEDURE ACT
sRepublic of the Marshall Islands
Jepilpilin Ke Ejukaan
MARSHALL ISLANDS ADMINISTRATIVE PROCEDURE
ACT 1979
AN ACT to regulate the rule-making procedures of administrative agencies of the
Government of the Marshall Islands.
Commencement: December 19, 1979
Source: M.1. Code (1975)
Amended By: P.L. 1979-23 P.L. 1980-15
§101. Short Title.
This Chapter may be cited as the “Marshall Islands Administrative
Procedure Act 1979â€. [P.L. 1979-23, §1.]
§102. Interpretation.
As used in this Chapter :
(a) “agency†means each board, commission, department, or
officer of the Government of the Marshall Islands authorized
by law to make rules or to determine contested cases, except
the Nitijela, the judiciary and local government council;
(b) “contested case†means an adjudicatory proceeding, including
rate-making and licensing, in which the legal rights of a party
are asserted by the party to have been directly and adversely
affected by an agency rule or action;
(c) “license†includes the whole or part of any agency permit,
certificate, approval, registration, charter, or similar form of
permission required by law, except that it does not include a
license required solely for revenue accountability;
(d) “licensing†includes the agency process of grant, denial,
renewal, revocation, suspension, annulment, withdrawal, or
amendment of a license;
(e) “party†means each person or agency named or admitted as a
party, or properly seeking and entitled, as a matter of right, to
be admitted as a party;
(f) “person†means any individual, partnership, corporation,
association, governmental subdivision, or public or private
organization of any character other than an agency;
(g) “rule†means each agency statement of general applicability
that implements, interprets, or regulates conduct or action,
prescribes policy, or describes the organization, procedure, or
practice requirements of any agency. The term includes the
amendment or repeal of a prior rule, but does not include a
statement exclusively concerned with the internal
management of any agency not affecting private rights or
procedures available to the public, nor declaratory rulings
issued pursuant to Section 109 of this Chapter, nor intra-
agency memoranda. [M.I. Code (1975), §2.401; P.L. 1979-23, §2.]
§103. Public information; adoption of rules; availability of rules and
orders.
(1) In addition to other rule-making requirements imposed by law, each
agency will:
(a) adopt a rule describing its organization, stating the general
course and method of its operations, and setting out the
procedures whereby the public may obtain information from
the agency or make submissions or requests to the agency;
(b) adopt rules of practice setting forth the nature and
requirements of all formal and informal procedures available,
including a description of all forms and instructions of general
application used by the agency;
(c) make available for public inspection all rules and all other
written statements of policy or interpretations formulated,
adopted, or used by the agency in the discharge of its
functions; and
(d) make available for public inspection all final orders, decisions,
and opinions of general applicability or effect upon the public.
(2) Any agency rule, order, or decision which fails to comply with
Section 104, 105, or 107 of this Chapter shall remain in full force and
effect notwithstanding that failure, and if a court determines that any
of those Sections have not been complied with, relief shall be limited
to an order compelling compliance. [M.I. Code (1975), §2.402; P.L. 1979-23, §2;amended by P.L. 1980-15, §2.]
§104. Notice procedure for adoption of rules.
Prior to adoption, amendment or repeal of any rule:
(a) an agency shall give at least thirty (30) days notice of a
proposed rule by posting notice of the rule in the office of the
Chief Secretary, in the office of each department head of the
Public Service, at the Public Administration Office, at the office
of the Chief Secretary’s Representative on Ebeye, at the
Courthouse on Majuro Atoll and at the Council Buildings on
Majuro Atoll and Ebeye Island, Kwajalein. The notice shall
also be read over the radio broadcasting station at Majuro
Atoll on five (5) consecutive calendar days within fifteen (15)
days after it is posted. Such notice shall be in English and
Marshallese and shall include:
(i) a statement of either the terms of substance of the
proposed rule or a description of the subject and issues
involved;
(ii) reference to the authority under which that rule is
proposed;
(iii) the time when, the place where, and the manner in
which interested persons may present their views
thereon; and
(iv) the location where copies of the proposed rule will be
available for reading or distribution to the public.
(b) an agency shall make copies of each proposed rule available
for reading at the Office of the Chief Secretary, the Office of the
Chief Secretary’s Representative on Ebeye, and at the Public
Service Administration Office;
(c) an agency shall afford all interested persons reasonable
opportunity to submit data, views, or arguments, in writing;
(d) the agency shall conduct a public hearing on a proposed rule if
requested by the Nitijela, a Committee of the Nitijela, or
another government agency. An agency shall consider fully all
written and oral submissions concerning the proposed rule;
(e) if requested to do so by an interested person prior to adoption
or within thirty (30) days after adoption, the agency shall issue
a concise statement of the basis upon which it has adopted or
rejected a proposed rule. [M.I. Code (1975), §2.403; P.L. 1979-23, §2.]
§105. Emergency rules.
If there is clear, present, substantial and imminent danger to the public
health, safety, or welfare, requiring adoption of a rule upon fewer than
thirty (30) days notice, the agency upon stating, in writing, the nature of the
danger, may, unless disapproved by the Cabinet, proceed without prior
notice or hearing, or upon abbreviated notice and hearing, to adopt an
emergency rule. The emergency rule shall be void one hundred twenty (120)
days after adoption or upon notice of the termination of the emergency by
the agency of the Cabinet, whichever occurs earlier, filed with the Registrar
of Corporations and the Chief Secretary. An emergency rule shall be
delivered to the Cabinet as soon as possible, or in any event, within twenty-
four (24) hours after adoption. [M.I. Code (1975), §2.404; P.L. 1979-23, §2.]
§106. Effective date and filing of rules.
The agency shall file a certified copy of each rule adopted by it with the
Cabinet, by delivery to the Clerk of the Cabinet. The Cabinet shall act to
approve or disapprove the rule within twenty (20) consecutive calendar
days after receipt by the Clerk of the Cabinet. If the Cabinet does not act to
approve or disapprove the rule within the twenty (20) day period, the rule
shall be approved as if the Cabinet had acted affirmatively. Within one day
after the Cabinet’s action or on the twenty-first day after receipt of the rule
in the event the Cabinet did not act, the Clerk of the Cabinet shall file with
the Chief Secretary, the Registrar of Corporations and the agency, copies of
the action on the rule, or a notice that the Cabinet did not act affirmatively
on the rule.
A rule adopted by an agency shall be effective only after it has been
approved by the Cabinet and notice of the Cabinet’s approval has been filed
pursuant to this Section, except that:
(a) if a later date is required by statute or specified in the rule, the
later date shall be the effective date; and
(b) an emergency rule shall be effective immediately upon filing
the rule with the Registrar of Corporations, and the Chief
Secretary, unless the Cabinet disapproves the rule within
twenty (20) days thereafter, or unless provided by other law to
the contrary. The agency’s statement of basis for the
emergency rule shall be filed with each such rule. The agency
shall take every reasonable measure to make such emergency
rule known to those persons who will be affected by it. [M.I. Code(1975), §2.405; P.L. 1979-23, §2.]
§107. Publication of rules.
(1) The Registrar of Corporations and the Chief Secretary shall each
compile, index, and maintain all effective rules adopted by each
agency. Compilations shall be supplemented or revised promptly as
new rules become effective.
(2) The Chief Secretary shall publish for public distribution, a monthly
bulletin setting forth a summary of each rule filed during the
preceding month.
(3) The Registrar of Corporations shall promptly provide a copy of the
full text of each rule to the Secretary of Internal Affairs, who shall
further distribute a copy of the full text of each rule to each local
government area where it shall be kept on file and be available for
public inspection. [M.I. Code (1975), §2.406; P.L. 1979-23, §2.]
§108. Petition for adoption of rules.
An interested person may petition an agency requesting the promulgation,
amendment, or repeal of a rule. Each agency shall prescribe, by rule, the
form for petitions and the procedure for their submission, consideration,
and disposition. Within thirty (30) days after submission of a petition, the
agency shall either deny the petition in writing, stating its reasons for the
denial or shall convene a public hearing on the petition, and within fifteen
(15) days thereafter, notify the petitioner of the agency action, in writing. A
denial shall include the reasons therefor. [M.I.Code (1975), §2.407; P.L. 1979-23, §2.]
§109. Declaratory judgment on validity or applicability of rules.
The validity or applicability of any rule may be determined in an action for
declaratory judgment in the High Court, if it is alleged that the rule, or its
threatened application, interferes with or impairs, or threatens to interfere
with or impair, the legal rights or privileges of the plaintiff. The agency shall
be made a party to the action. A declaratory judgment may be rendered
whether or not the plaintiff has requested the agency to pass upon the
validity or applicability of any statutory provision or any rule or order of the
agency. Proceedings on petitions for declaratory ruling shall be conducted
as in contested cases. [M.I. Code (1975), §2.408; P.L. 1979-23, §2.]
§110. Declaratory rulings by agencies.
Each agency shall provide, by rule, for the filing and prompt disposition of
petitions for declaratory rulings by the agency, as to the applicability of any
statutory provision or any rule or order of the agency. Proceedings on
petitions for declaratory ruling shall be conducted as in contested cases. [M.I.Code (1975), §2.409; P.L. 1979-23, §2.]
§111. Contested cases; notice; hearing; records.
(1) In a contested case, all parties shall be afforded an opportunity for
hearing after reasonable notice. The notice shall include:
(a) a statement of the time, place, and nature of the hearing;
(b) a statement of the legal authority and jurisdiction under which
the hearing is to be held;
(c) a reference to the particular sections of the statutes and rules
involved;
(d) a short and plain statement of the matters asserted. If the
agency or other party is unable to state the matters in detail at
the time the notice is served, the initial notice may be limited
to a statement of the issues involved. Thereafter upon
application, a more definite and detailed statement shall be
furnished.
(2) Opportunity shall be afforded all parties in a contested case to
respond and present evidence and argument on all issues involved.
(3) Unless precluded by law, informal disposition may be made of any
contested case by stipulation, agreed settlement, consent order, or
default.
(4) The record in a contested case shall include:
(a) all pleadings, motions, interim rulings;
(b) evidence received or considered;
(c) a statement of matters officially noticed;
(d) questions and offers of proof, objections, and rulings thereon;
(e) proposed findings and exceptions;
(f) any decision, opinion, or report by the officer presiding at the
hearing;
(g) all staff memoranda or data submitted to the hearings officer
or members of the agency in connection with their
consideration of the case.
(5) Oral proceedings in contested cases shall be recorded, and any part
thereof shall be transcribed on request of any party at the party’s
expense.
(6) Findings of fact in contested cases shall be based exclusively on the
evidence and on matters officially noticed. [M.I. Code (1975), §2.410;P.L. 1979-23, §2.]
§112. Rules of evidence; official notice.
The following procedures concerning evidence shall be observed in
contested cases:
(a) irrelevant, immaterial, or unduly repetitious evidence shall be
excluded. The rules of evidence as applied in cases in the High
Court shall be followed. When necessary to ascertain facts not
reasonably susceptible of proof under those rules, evidence not
admissible thereunder may be admitted (except where
precluded by statute) if it is of a type commonly relied upon
by reasonably prudent men in the conduct of their affairs.
Objections to evidentiary offers may be made and shall be
noted in the record. Subject to these requirements, when a
hearing will be expedited and the interests of the parties will
not be prejudiced substantially, any part of the evidence may
be received in written form;
(b) documentary evidence may be received in the form of copies
or excerpts, if the original is not readily available. Upon
request, parties shall be given an opportunity to compare the
copy with the original;
(c) a party may conduct cross-examinations required or a full and
true disclosure of facts; and
(d) notice may be taken of judicially cognizable facts. In addition,
notice may be taken of generally recognized technical or
scientific facts within the agency’s specialized knowledge.
Parties shall be notified either before or during the hearing, or
by reference in preliminary reports or otherwise, of the
material noticed, including any staff memoranda or data, and
they shall be afforded an opportunity to contest the material so
noticed. The agency’s experience, technical competence, and
specialized knowledge may be utilized in the evaluation of the
evidence. [M.I. Code (1975), §2.411; P.L. 1979-23, §2.]
§113. Examination of evidence by agency.
When, in a contested case, a majority of the officials of the agency who are to
render the final decision have not heard the case or read the record, the
decision, if adverse to a party to the proceeding other than the agency itself,
shall not be made until a proposal for decision is served upon the parties,
and an opportunity is afforded to each party adversely affected to file
exceptions and present briefs and oral argument to the officials who are to
render the decision. The proposal for decision shall contain a statement of
the reasons therefor and of each issue of fact or law necessary to the
proposed decision, prepared by the person who conducted the hearing or by
a person who has read the record. The parties, by written stipulation, may
waive compliance with this Section. [M.I. Code (1975), §2.412; P.L. 1979-23, §2.]
§114. Decisions and orders.
A final decision, or order adverse to a party in a contested case, shall be in
writing or stated in the record. A final decision shall include findings of fact
and conclusions of law, separately stated. Findings of fact, if set forth in
statutory language, shall be accompanied by a concise and explicit statement
of the underlying facts supporting the findings. If, in accordance with
agency rules, a party submitted proposed findings of fact, the decision shall
include a ruling upon each proposed finding. A copy of the decision or
order shall be delivered or mailed forthwith to each party and to his
attorney of record. [M.I. Code (1975), §2.413; P.L. 1979-23, §2.]
§115. Ex parte consultations.
Unless required for the deposition of exparte matters authorized bylaw,
members or employees of an agency assigned to render a decision or to
make findings of fact and conclusions of law in a contested case shall not
communicate directly or indirectly, in connection with any issue of law,
with any person or his representative, except upon notice and opportunity
for all parties to participate. An agency member:
(a) may communicate with other members of the agency; and
(b) may have the aid and advice of one or more personal
assistants. [M.I. Code (1975) , §2.414; P.L. 1979-23, §2.]
§116. Licenses.
(1) When the grant, denial or renewal of a license is required to be
preceded by notice and opportunity for hearing, the provisions of
this Chapter concerning contested cases shall apply.
(2) When a licensee has made timely and sufficient application for the
renewal of a license or a new license for an activity of a continuing
nature, the existing license shall not expire until the application has
been finally determined by the agency, and, in case the application is
denied or the terms of the new license limited, the existing license
shall not expire until the last day for seeking review of the agency
order or a later date fixed by order of the receiving court.
(3) No revocation, suspension, annulment, or withdrawal of any license
is lawful unless, prior to the institution of agency proceedings, the
agency gave due notice to the licensee of facts or conduct which
warrant the intended action, and the licensee was given an
opportunity to show compliance with all lawful requirements for the
retention of the license. If the agency finds that the public health,
safety, or welfare is clearly, imminently and substantially
endangered, requiring emergency action, and incorporates a finding
to that effect in its order, with a statement of the nature of the danger,
summary suspension of a license may be ordered pending
proceedings for revocation or other action. These proceedings shall
be promptly instituted and determined. [M.I. Code (1975), §2.415; P.L. 1979-23, §2.]
§117. Judicial review of contested cases.
(1) A person who has exhausted all administrative remedies available
within the agency and who is aggrieved by a final decision in a
contested case, is entitled to judicial review of the decision. This
Section does not limit utilization of the scope of judicial review
available under other means of review, redress, relief or trial de novo
provided by law. A preliminary, procedural or interim agency action
or ruling is immediately reviewable if review of the final agency
decision would not provide an adequate remedy.
(2) Proceedings for review are instituted by filing a petition in the High
Court within thirty (30) days after receipt of the final decision of the
agency, or, if a rehearing is requested, within thirty (30) days after the
decision thereon. Copies of the petition shall be served upon the
agency and all parties of record.
(3) The filing of the petition does not itself stay enforcement of the
agency decision. The agency may grant, or the reviewing court may
order, a stay upon appropriate terms.
(4) Within sixty (60) days after the service of the petition, or within
further time allowed by the court, the agency shall transmit to the
reviewing court the original or a certified copy of the entire record of
the proceeding under review. By stipulation of all parties to the
review proceedings, the record may be shortened. A party
unreasonably refusing to stipulate to limit the record may be taxed by
the court for the additional costs. The court may require or permit
subsequent corrections or additions to the record.
(5) If, before the date set for hearing, application is made to the court for
leave to present additional evidence, and it is shown to the
satisfaction of the court that the additional evidence is material and
that there were justifiable reasons for failure to present it in the
proceeding before the agency, the court may order that the additional
evidence be taken before the agency upon conditions determined by
the court. The agency may modify its findings and decision by reason
of the additional evidence and shall file that evidence and any
modifications, new findings, or decisions with the reviewing court.
(6) The review shall be conducted by the court without a jury and shall
be confined to the record. In cases of alleged irregularities in
procedure before the agency, not shown in the record, proof thereon
may be taken in the court. The court, upon request of either party,
shall hear oral argument and receive written brief.
(7) The court shall not substitute its judgment for that of the agency as to
the weight of the evidence on questions of fact. The court may affirm
the decision of the agency or remand the case for further proceedings.
The court may reverse or modify the decision if substantial rights of
the petitioner have been prejudiced because the administrative
findings, inferences, conclusions, or decisions are:
(a) in violation of constitutional or statutory provisions;
(b) in excess of the statutory property of the agency;
(c) made upon unlawful procedure;
(d) affected by other error of law;
(e) clearly erroneous in view of the reliable, probative, and
substantial evidence in the whole record; or
(f) arbitrary, or capricious, or characterized by abuse of discretion
or clearly unwarranted exercise of discretion. [M.I. Code (1975), §2.416;P.L. 1979-23, §2.]
§118. Appeals.
An aggrieved party may obtain a review of any final judgment of the court
under this Chapter by appeal to the Supreme Court. The appeal shall be
taken as in other civil cases. [M.I.Code (1975), §2.417; P. L. 19 79-23, §2.]
§119. Validity of regulations.
Each rule and regulation, consistent with the Constitution and the laws of
the Marshall Islands, adopted pursuant to the Administrative Procedure Act
1970, and in force on June 30, 1980, shall continue to be in full force and
effect, unless repealed by law, or is voided by its own terms. [P.L. 1979-23, §5;amended by P.L. 1980-15, §3.]
Note: Sections 102-118 above were formerly Sections 2.401-2.417 of the 1975
Marshall Islands Code, introduced originally by P.L. 1979-23, Section 102,
Section 119 was formerly section 5 of PL. 1979-23 as amended by P.L. 1980-15,
Section 3.
