DPS starts charging fees for ‘non-essential services

Faced with a fiscal crisis, the Department of Public Safety has promulgated emergency regulations that would assess fees for services that it deems non-essential to the performance of its law enforcement responsibilities.

The emergency regulations, which were approved by Gov. Juan N. Babauta and certified by Attorney General Pamela Brown on Aug.10, take effect immediately and will be in effect for 120 days upon filing with the Registrar of Corporations.

The regulations allow the DPS to assess up to $1,000 per day for non-essential services, particularly for the use of its patrol boat for shoreline security protection.

The regulations enumerated other non-essential services to include towing of private boats, search and rescue operations performed after the first 72 hours, response to a security alarm whether or not the call is active, escorts, service of process in civil cases, special events, marine events, and non-emergency opening of locked vehicles.

DPS commissioner Santiago Tudela issued the emergency regulations following the adoption of a new law, Public Law 14-77, which gives the department authority to promulgate rules and regulations to enhance public safety.

In a public notice released to media offices yesterday, the department noted that the new law recognizes the need for it to collect fees for non-essential services in view of the government’s budgetary constraints.

The regulations set the fee for shoreline security protection at $35 per hour for every officer dispatched to the scene, and an additional $1,000 per day for the use of a DPS boat required for shoreline security. They also set a $100 fee for the towing of a privately owned or operated boat or other floating vessel; and $100 per day for search and rescue operations after the first 72 hours of each such operations.

The regulations also set a $200 fee for the service of a court process in a civil case; $100 per response to a private security alarm; $100 per escort; $100 for each marine event; and $35 for opening a locked vehicle.

They allow the DPS to assess $10 per hour for the deployment of each officer to a special event such as concerts, parades and other private activities.

“The commissioner…or deputy commissioner may waive or reduce any part of the foregoing fees if such fees cause an undue hardship or is in the best interest of the CNMI,” the regulations stated. “[Their] decision as to whether to grant or deny a fee waiver or reduction is final and non-appealable.”

The regulations allow the commissioner to enter into agreements with private entities regarding carrying out non-essential services. While they allow the private entities to set fees for the services, the regulations require written approval by the police commissioner.