Chapter 4. Public Health and Sanitation

§ 41505. Cleaning, Sanitizing and Storage of Equipment and 26 G AR – P UBLIC H EALTH & S OCIAL S ERVICES D IV . 1 – D IRECTOR OF P UBLIC H EALTH & S OCIAL S ERVICES C H . 4 P UBLIC H EALTH AND S ANITATION 269 Utensils. (a) Equipment and Utensil Cleaning and Sanitization. (1) Clea…

§ 41506. Sanitary Facilities and Controls. (a) Water Supply. (1) General. Enough potable water for the needs of the retail food store shall be provided from a source constructed, maintained, and operated according to law. (2) Transportation. All potable water not provided directl…

§ 41507. Construction and Maintenance of Physical Facilities. (a) Floors. (1) Floor Construction. (A) Except as specified in paragraph (2) below, floors and floor coverings of all food preparation, food storage and warewashing areas, and the floors of all walk-in refrigerators, d…

§ 41508. Compliance Procedures. (a) Sanitary Permits and Health Certificates. (1) General. No person shall operate a retail food store who does not have a valid sanitary permit issued to him or her by the Division. Only a person who complies with the requirements of these regulat…

§ 41601. Purpose. (a) The purpose of these rules is to regulate the lawful manufacture, distribution, and dispensing of controlled substances through registration and control to prevent the diversion of legitimately produced controlled substances into illegitimate channels. (b) T…

§ 41602. Authority. Section 67.301 of P.L. 24-149, an Act to Repeal and Reenact Chapter 67 of Title 9, Guam Code Annotated, authorizes the Director to promulgate rules providing for the registration and control of the manufacture, distribution, and dispensing of controlled substa…

§ 41603. Title. The rules and regulations shall be known and cited as the Rules Governing the Manufacture, Distribution, and Dispensing of Controlled Substances or the Rules for Pharmaceutical Controlled Substances.

§41604. Definitions . As used in these rules: (a) ‘Act’ shall mean P.L. 24-149, an Act to Repeal and Reenact Chapter 67, Title 9, Guam Code Annotated, which is also known as the Uniform Controlled Substances Act. (b) ‘Cannabis’ or ‘Marijuana’ or ‘Marihuana’ means all parts of the…

§ 41605. Guam Controlled Substances Registration. (a) Every person who manufactures, distributes, dispenses, imports, or exports any listed chemical compound contained in the controlled substance listing or any controlled substance other than Cannabis and Cannabis products, or wh…

§ 41606. Separate Registrations for Separate Locations, and Transfer of Locations. (a) A separate registration is required for each principal place of business of professional practice where controlled substances are manufactured, distributed, or dispensed by a person or business…

§ 41607. Application. 26 G AR – P UBLIC H EALTH & S OCIAL S ERVICES D IV . 1 – D IRECTOR OF P UBLIC H EALTH & S OCIAL S ERVICES C H . 4 P UBLIC H EALTH AND S ANITATION 310 (a) Any practitioner who is required to be registered and who is not so registered may apply for registratio…

§ 41608. Filing of Application. (a) All applications shall be delivered to the Division of Environmental Health of the Department of Public Health in Mangilao or mailed to the Division of Environmental Health, the Department of Public Heal th and Social Services, 123 Chalan Karet…

§ 41609. Additional Information. (a) DPHSS may require an applicant to submit such documents or written statements of fact as DPHSS deems necessary to determine whether the application should be granted. The failure of the applicant to provide such documents or statements within …

§ 41610. Amendments to and Withdrawals of Applications. An application may be amended or withdrawn without 26 G AR – P UBLIC H EALTH & S OCIAL S ERVICES D IV . 1 – D IRECTOR OF P UBLIC H EALTH & S OCIAL S ERVICES C H . 4 P UBLIC H EALTH AND S ANITATION 312 permission of DPHSS at …

§ 41611. Fee Amounts. (a) For each initial Controlled Substances Registration: (1) To manufacture controlled substances, the applicant shall pay a fee of One Thousand Dollars ($1000). (2) To distribute controlled substances, the applicant shall pay a fee of Five Hundred Dollars (…

§ 41612. Persons Exempt from Fee. (a) Department of Public Health and Social Services shall be exempt from payment of a fee for registration or renewal- registration any official, employee, or entity of DPHSS who or which is authorized to purchase controlled substances, to obtain…

§ 41613. Exemption of Agents and Employees; Affiliated Practitioners. (a) The requirement of registration is waived for any agent or employee of a person who is registered to engage in any group of independent activities, if such agent of employee is acting in the usual course of…

§ 41614. Exemption of Certain Military and Other Personnel. (a) The requirement of registration is waived for any official of the U.S. Army, U.S. Navy, U.S. Marine Corp., U.S. Air Force, U.S. Coast Guard, and U.S. Public Health Service who is authorized to prescribe, dispense, or…

§ 41615. Exemption of Law Enforcement Officials. (a) The requirement of registration is waived for the following persons in circumstances described in this section: (1) Any officer or employee of a Government of Guam agency who is engaged in the enforcement of any Guam law relati…

§ 41616. Exemption of Civil Defense Officials. (a) The requirement of registration is waived for any official of a civil defense or disaster relief organization who, in the course of his official duties, is authorized to: (1) Maintain, and distribute for such maintenance, control…

§ 41617. Administrative Review Generally. DPHSS may inspect or cause to be inspected the establishment of an applicant or registrant, pursuant to the Act. DPHSS shall review the application for registration and other information regarding an applicant in order to determine whethe…

§ 41618. Certificate of Registration. DPHSS shall issue a certificate of registration to an applicant if the issuance of registration or renewal is required under the applicable provisions of the Act. In the event that the issuance of registration or renewal is not appropriate, D…

§ 41619. Suspension or Revocation of Registration. (a) DPHSS may suspend any registration pursuant to the Act for any reasonable and justifiable period of time as determined by DPHSS. (b) DPHSS may revoke any registration pursuant to the Act. (c) Before revoking or suspending any…

§ 41620. Suspension of Registration Pending Final Order. (a) DPHSS may suspend any registration simultaneously with or at any time subsequent to the service upon the registrant of an order to show cause why such registration should not be revoked or suspended, in any case where D…

§ 41621. Extension of Registration Pending Final Order. In the event that an applicant for renewal-registration (who is doing business under a registration previously granted and not revoked or suspended) has applied for renewal-registration at least 30 calendar days before the d…

§ 41622. Order to show cause. (a) If, upon examination of the application for registration from an applicant and other information regarding that applicant, DPHSS is unable to make the determination by the applicable provisions of the Act to register the applicant, or decides to …

§ 41623. Hearings Generally. (a) In a case where DPHSS shall hold a hearing on any registration or application, the procedures for such hearings shall be governed by the Administrative Adjudication Law. (b) Any hearing under this part shall be independent of, and not in lieu of, …

§ 41624. Response to Order to Show Cause. (a) After the filing of and service upon the registrant of an order to show cause, the registrant has fifteen (15) calendar days after service of the order in which to reply. The registrant may: (1) Request a hearing. (2) Object to the or…

§ 41625. Request for Hearing. A simple request for a hearing shall be deemed a specific denial of all parts of the accusation contained within the order to show cause, which are not expressly admitted. Said notice of defense shall be in writing signed by or on behalf of the appli…

§ 41626. Filing of Response. The registrant or applicant shall file his response to the order not more than fifteen (15) calendar days after the service of the order upon him.

§ 41627. Failure to File a Notice. A failure to file a notice of defense or any notice indicating that the applicant or registrant desires a hearing and will appear upon the date stated in the order to show cause shall constitute a waiver of the applicant or registrant's right to…

§ 41628. Notice. DPHSS shall include with the order to show cause served upon the applicant or registrant a notice of defense entitled as such which may be in any form satisfactory to DPHSS. Also, DPHSS shall include a notice stating that the applicant or registrant waives a hear…

§ 41629. Serving of Order to Show Cause. Service of the order to show cause may be made by any person so delegated by DPHSS by personally serving the applicant or registrant or by sending the order to show cause by registered mail to the last known address of the applicant or reg…

§ 41630. Serving of Other Materials. All other papers required to be served upon the applicant or registrant may be served in the manner of the order.

§ 41631. Amended or Supplemental Orders. At any time before the matter is submitted for a decision, DPHSS may file or permit the filing of amended or supplemental orders. All parties shall be notified if this occurs. If the amended or supplemental orders present new charges, DPHS…

§ 41632. Time and Place of Hearing. The time and place of the hearing shall be as stated on the order to show cause. 26 G AR – P UBLIC H EALTH & S OCIAL S ERVICES D IV . 1 – D IRECTOR OF P UBLIC H EALTH & S OCIAL S ERVICES C H . 4 P UBLIC H EALTH AND S ANITATION 324

§ 41633. Order to Show Cause Form. The order to show cause shall be in substantially the following form, but may include any other information and the charges: 26 G AR – P UBLIC H EALTH & S OCIAL S ERVICES D IV . 1 – D IRECTOR OF P UBLIC H EALTH & S OCIAL S ERVICES C H . 4 P UBLI…

§ 41634. Subpoena. Before the hearing has commenced, DPHSS shall issue subpoena and subpoena duces tecum at the request of any party in accordance with the provisions of Section 1985 of the Code of Civil Procedure. After the hearing has commenced, the Director or hearing officer …

§ 41635. Depositions. Upon the verified petition of any patty, DPHSS may order that the testimony of any material witness residing within or outside the island of Guam be taken by deposition in the manner prescribed by law for depositions in civil actions. The petition shall set …

§ 41636. Power to Administer Oaths and Affirmations by DPHSS. In any proceedings under the order to show cause or any other hearing provided for by the Act, the Director of the Department of Public Health and Social Services, or any of his duly authorized representatives, have th…

§ 41637. Hearing Officer. A hearing officer shall preside over every hearing in a contested case. Said person shall be an attorney and may be an attorney in the full time service of the government. DPHSS may request the Attorney General of Guam to assign a member of his staff as …

§ 41638. Disqualification. A hearing officer or member of DPHSS shall voluntarily disqualify himself and withdraw from any case in which he cannot accord a fair and impartial hearing or consideration. Any party may request the disqualification of any hearing officer or member of …

§ 41639. Granting of Continuance. DPHSS may grant continuances at any stage of the proceeding, the need of which shall be determined by the hearing officer.

§ 41640. Evidences and Witnesses. Oral evidence shall be taken only upon oath or affirmation. Each party shall have the right to call and examine witnesses, to introduce exhibits, to cross-examine opposing witnesses on any matter relevant to the issues even though the matter was …

§ 41641. Admission of Relevant Evidence. This hearing need not be conducted according to the rules relating to evidence and witnesses. Any relevant evidence shall be admitted if it is evidence which responsible persons are accustomed to rely upon in the conduct of serious affairs…

§ 41642. Matter not covered in Administrative Adjudication Law and Uniform Controlled Substances Act. Any matter not covered by these rules and regulations, the Administrative Adjudication Law or by the Uniform Controlled Substances Act, shall be decided by the agency or hearing …

§ 41643. Security Requirements Generally 26 G AR – P UBLIC H EALTH & S OCIAL S ERVICES D IV . 1 – D IRECTOR OF P UBLIC H EALTH & S OCIAL S ERVICES C H . 4 P UBLIC H EALTH AND S ANITATION 329 (a) All applicants and registrants shall provide effective controls and procedures to det…