Title 2. PROVISIONS OF GENERAL APPLICABILITY TO STATE
GOVERNMENT
Chapter 1. Oath of Office
Section 2.101. Oath of office. The oath of office is: "I solemnly swear that I shall
honor, uphold and protect the Constitution and laws of the State, and that I
dedicate myself to perform my public duties faithfully in the public interest
to the best of my abilities. So help me God."
Section 2.102. Administration of oath. An oath of office taken pursuant to this chapter is
administered by persons in the following positions in descending order,
depending on their availability:
a. Chief Justice of the State Court;
b. Associate Justices of the State Court, in order of
seniority;
c. Chief Justice of the Supreme Court of the Federated
States of Micronesia;
d. Associate Justices of the Supreme Court of the Federated
States of Micronesia, in the order of seniority;
e. any other judge;
f. the Governor, in the case of a position in the Executive;
the Speaker, in the case of a Senator; the Speaker or the Governor, upon their
consultation and agreement in the case of positions in the Judiciary, agencies,
municipal governments, and all other public offices for which an oath of office
is required.
Section. 2.103. Oath ceremony. An oath of office is administered in a public setting of
solemnity following at least 24 hours public notice by the Governor of the
time, place and subject of the ceremony.
Section. 2.104. Affirmation. A person taking the oath of office provided in Section
2.101 may elect to substitute the word "affirm" for the word
"swear", and to omit the words "So help me God".
Section 2.105. Irregularity. An irregularity in the administration of an oath of office
does not invalidate a subsequent act of the person who took the oath.
Chapter 2. Seat of Government
Section 2.201. Seat of Government. Tofol and its environs are the seat of the Government at
which the principal offices and facilities of the Legislature, the Governor,
the Lieutenant Governor, a department director, the Judiciary and an agency are
situated.
Chapter 3.
Impeachment
Section 2.301. Petition.
(1) A petition of impeachment:
(a) is on oath;
(b) plainly describes each alleged instance of misfeasance
or malfeasance;
(c) provides
documentary evidence of each instance, if available to the petitioner, or, if
not available but known to the petitioner, the location of documentary
evidence;
(d) states the name
of at least one witness to each alleged instance, and any additional witnesses;
and
(e) is accompanied
by the sworn statement of each stated witness, unless the witness refuses to
cooperate with the petitioner.
(2) A petitioner may be a witness.
Section 2.302. Subsequent petition. A petitioner who
has made a petition of impeachment against an official may not submit a
subsequent petition for the impeachment of the same official unless the subsequent
petition differs in a substantive way in either the evidence presented or an
alleged instance of misfeasance or malfeasance.
Section 2.303. Amendment. A petition is not subject to substantive amendment. Following
a finding of probability pursuant to Section 2.305, the Legislature may allow a
non-substantive amendment of a petition to have it conform to evidence
presented to the Legislature.
Section 2.304. Convening of Legislature. The Speaker calls the Legislature into special session
within three days of receipt of a petition of impeachment. If the Legislature
is in session when the Speaker receives a petition, it remains in session,
deferring pending matters until it disposes of the petition. In a special
session convened pursuant to this chapter the Legislature acts only on the
petition.
Section 2.305. Probability; notification.
(1) If following the convening of the Legislature pursuant
to Section 2.304, the Legislature by a majority vote of Senators present finds
that the petition conforms to law and that it is probable that the impeached
official committed an alleged act of misfeasance or malfeasance, the Speaker
notifies the impeached official of the impeachment, presenting him with a copy
of the petition.
(2) If the Legislature by a majority vote of the Senators
present finds that it is not probable that the impeached official committed an
alleged act of misfeasance or malfeasance, the Legislature does not act further
on the petition in the trial proceedings and the Speaker notifies the
petitioner that the Legislature has dismissed the petition.
(3) In this section it is probable that an act occurred,
if it is more likely than not that the act occurred.
(4) In determining probability or an absence of probability
the Legislature relies exclusively on the petition and accompanying documents
and the petitioner's testimony.
Section 2.306. Impeached official's status. Upon receipt of notification pursuant to Section 2.305, an
official does not exercise the powers and duties of office, does not receive
Government compensation or benefits, or use Government property.
Section 2.307. Prosecutor. Pursuant to rule the Speaker appoints and employs an
impartial, competent person not holding State public office or Government
employment to prosecute a petition of impeachment before the Legislature.
Counsel to the Legislature advises the Speaker and the Legislature during
proceedings pursuant to this chapter.
Section 2.308. Impeached official's counsel. An
impeached official's counsel or other person assisting the official in
impeachment proceedings does not hold public office.
Section 2.309. Trial.
(1) An impeached official has the right to counsel, to
confront a witness, and to compel a witness to testify.
(2) The Speaker conducts the trial of an impeached official.
(3) To the extent consistent with law, trial on the
impeachment petition is pursuant to the Court's rules of criminal procedure and
evidence, except that the Legislature by rule may provide for other or
different rules.
Section 2.310. Vote.
(1) The Legislature listens to the evidence presented by the
prosecutor and the impeached official and at the conclusion of proceedings
meets to consider the evidence and reach a judgment.
(2) A majority of the Senators determines whether its
deliberations following trial are public, and the manner of voting.
(3) Proof beyond a reasonable doubt is necessary to
establish a judgment of guilty.
(4) The Legislature expresses its vote by a written
judgment, certified by the Speaker and Clerk, which plainly states a judgment
of guilty or not guilty. If the Legislature reaches a judgment of guilty, the
judgment expresses the consequences of the judgment for the convicted official
which may include removal from office. An impeached official who by virtue of
Legislature judgment resumes his Government duties is entitled to receive
compensation deferred pursuant to Section 2.306, unless found guilty in the
judgment.
(5) The Speaker immediately informs the Attorney General,
the Governor, the Chief Justice, the Lieutenant Governor and the public of the
Legislature's judgment and its consequences.
Chapter 4.
Regulations
Section 2.401. Effect of law. A regulation adopted pursuant to this chapter has the force
and effect of law.
Section 2.402. Power to regulate. A department director and a governing body may make a
regulation to carry out a power or duty granted by law.
Section 2.403. Effectiveness. A regulation is not effective until adoption and
publication of the regulation occurs pursuant to this chapter.
Section 2.404. Former regulations. A regulation adopted before the Code takes effect remains
in effect until March 1, 1986 unless earlier amended or repealed.
Section 2.405. Compilation, inspection and reproduction
of regulations.
(1) The Office of Public Affairs within the Office of the
Governor and Lt. Governor:
(a) maintains an English and Kosraean language version of
the following documents which are available for public inspection during
business hours:
(i) proposed and newly adopted regulations;
(ii) administrative directives; and
(iii) emergency orders of the Governor.
(b) compiles, indexes, and publishes regulations adopted
pursuant to law, revising a compilation at least once a year.
(c) provides a copy of any agency or departmental regulation
to the Legislature within 30 days of adoption.
(2) A compilation is available for purchase upon request at
a reasonable price set by the Office of Public Affairs to cover mailing and
printing costs.
Background
Subection (1) was amended by
State Law 4-40. Subsections (1) and (2)
were amended by State Law 7-1.
Section 2.406. Adoption; amendment; repeal.
(1) Prior to
adoption, amendment or repeal of a regulation, the acting party:
(a) gives thirty days notice of the proposed action by radio
and by posting in public places in the municipalities in the English and
Kosraean languages. The notice includes:
(1)
a statement of the substance of the proposed action or a description of the
subjects and issues involved;
(2) a reference to the authority for the action; and
(3) the time, place and the manner for presentation of views
on the proposed action;
(b) provides a copy of the proposed action to the Kosrae State
Legislature for comment not less than thirty days prior to the proposed action;
and
(c) affords a person
reasonable opportunity to submit data, position, or argumentation in
written form, giving full consideration, to a submission; and
(d) both before giving public notice of intended action and
before adoption, amendment or repeal receives the Attorney General's written
statement that the intended action conforms with law.
(2) Upon final action pursuant to this section the acting
party, upon request made no later than thirty days after action, issues a
concise statement of the principal considerations for and against action,
including its reasons for not accepting the considerations against action.
(3) If a department or agency finds that an imminent peril
to the public health, safety, or welfare necessitates action before compliance
with this section can occur, it may adopt an emergency regulation without
compliance with subsection 1, stating in writing its reasons for the finding.
An emergency regulation is effective for a period not exceeding one hundred
twenty days. Thereafter the department or agency may not adopt an identical
emergency regulation.
(4) A regulation, including an emergency regulation, adopted
by a department becomes effective upon signature by the Governor. A regulation
adopted by an agency becomes effective upon signature by the chairman of its
governing body or by its administrator if it has no governing body.
(5) An adopted regulation is not valid unless adopted in
substantial compliance with this section.
(6) A person commences a judicial proceeding for a
declaratory judgment to contest a regulation on the ground of noncompliance
with the procedural requirements of this section within one year from the
effective date of the regulation.
Background
Subsection (1) was amended by
State Law 4-70.
Section 2.407. Declaratory ruling. A person may petition the Attorney General in the case of a
department regulation, or an agency in the case of an agency regulation, for a
declaratory ruling as to the applicability or meaning of a regulation. A ruling
on a petition issues promptly.
Chapter 5. Holidays
Section 2.501. Holidays.
(1) The following
are the Government holidays for celebration on the indicated date:
(a) New Year’s Day January 1st
(b) Kosrae State Constitution Day January 11th
(c) Good Friday Friday before
Easter Sunday
(d) Federated States of Micronesia Constitution Day May 10th
(e) Gospel Day (Mwo
Sasu Day) August 21
(f) Kosrae
Liberation Day September 8th
(g) Self Government Day November 3rd
(h) Thanksgiving Day Last Thursday of November
(i) Christmas Day December 25th
Any
legal holiday observed by the Government of the Federated States of Micronesia
and not listed above shall also be a Kosrae State Government holiday.
(2) A Government
employee receives leave with pay for a sufficient period of time to allow him
to vote in a Government, national government or municipal government election
for which he is qualified and registered to vote.
(3) If the date of a
holiday is a Saturday or Sunday, the Governor, following consultation with the
Speaker and Chief Justice, provides by written directive for celebration of the
holiday on a day which would usually be a workday. With the concurrence of the
Speaker and the Chief Justice the Governor may by written directive provide for
the celebration of a holiday on a preceding or succeeding Monday or Friday
rather than on the date indicated in this section.
(4) The Government may not grant leave with pay or use a
similar method to create the effect of a Government holiday.
Background
Subsection (1) was amended by
State Law 4-32, State Law 7-27 and State Law 7-76.
Chapter 6. Permits
and Licenses
Section 2.601. Revocation; suspension. A department or agency which issued a permit or license may
suspend or revoke it if used in violation of law or the conditions pursuant to
which it issued, in accordance with the following:
(1) The department or
agency gives the alleged violator written notice of the intended action and an
opportunity to present his position.
(2) The department or agency makes a written finding
concerning its final action.
Chapter 7. State Anthem
Section 2.701. State
Anthem. The composition consisting
of words and music entitled “An Kosrae” is the Kosrae State Anthem.
Background
Added by State Law 6-133.
Chapter 8. State
Bird
Section 2.801. State
Bird. The “Trum” or “Kosrae
White-eye” (Zosterops cinereus cinereus) is the State Bird of Kosrae.
Added by State Law 7-31.