Guam Administrative Code

§ 2101. Purpose. The rules and regulations within this chapter implement 3 GCA Chapter 16 and in so doing establish an orderly and efficient method for processing initiative, referendum and legislative submission matters.

§ 2102. Definitions. For the purpose of these Rules and Regulations: (a) Commission shall mean the Guam Election Commission; (b) Director shall mean the Executive Director of the Guam Election Commission; (c) Initiative means the power of the voters to propose statutes, and to ad…

§ 2103. Initiative: Submission to Election Commission. (a) The GEC Executive Director shall mark on the front page of both the original and the copy the exact time and date of receipt of the draft. The Commission shall keep the original and return the copy to the proponent. (b) T…

§ 2104. Commission to Develop Registration and Disclosure Requirements and Form. The provisions of 4 GCA Chapter 13 and 6 GAR Chapter 4 shall apply to any person, and all individual shareholders or members of any organization, partnership, corporation, committee, or business, whi…

§ 2105. Same: Summary of Proposed Measure. (a) Within twenty-five (25) days of the submission of any initiative measure, the Commission’s legal counsel shall prepare and submit to GEC a summary of the chief purposes and points of the proposal. The summary shall not exceed one hun…

§ 2106. Same: Acceptance of Petitions for Filing. (a) The Executive Director shall determine if the petition conforms with all the requirements and any other requirements of 3 GCA Chapter 16, before accepting the petition for filing. The date of acceptance for filing shall be dee…

§ 2107. Same: Preparation and Publication of Ballot Title. The Executive Director shall publish the ballot title once a week for three (3) consecutive weeks in a newspaper of general circulation on Guam including the date of the election during which the measure will be voted. SO…

§ 2108. Same: Ballot Pamphlets. (a) The Executive Director shall cause to be printed one and one- tenth (1-1/10) times as many ballot pamphlets as there are registered voters, to be available not less than thirty (30) days prior to an election in which an initiative measure will …

§ 2109. Same: Mailing of Ballot Pamphlets. Not less than thirty (30) days prior to an election in which an initiative measure is presented to voters, the Executive Director shall cause to be mailed the ballot pamphlets as specified in 3 GCA §16512.…

§ 2110. Same: Form of Ballot. (a) Proposed initiative measures may appear on the same ballot as that of names of nominees for offices, or on a separate ballot, at the discretion of the Commission. If a measure appears on the same ballot as names of nominees for offices, the measu…

§ 2111. Referendum Procedure Generally. Referendum Procedure shall be governed by the provisions of the GAR applicable to initiative measures.

§ 2112. Same: Ballot Pamphlets. The provisions of 6 GAR § 2107 shall apply in the case of a legislative submission measure. For purposes of this Section the words “legislative submission” shall be substituted for the word “initiative” wherever it appears in 6 GAR § 2107.…

§ 2113. Same: Mailing of Ballot Pamphlets. The provisions of 6 GAR § 2108 shall be applicable to ballot pamphlets on a legislative submission measure. For the purposes of this Section, the words “legislative submission” shall be substituted for the word “initiative” wherever it a…

§ 2114. Same: Form of Ballot. Title 6 GAR § 2109 shall govern the ballot form on a legislative submission measure. 6 COL922014

§ 3101. Purpose and Scope of Rules. Purpose. The purpose and intent of these rules and regulations are to implement Chapter 17 of 3 GCA, as amended, cited as Election Campaign Contributions and Expenditures.

§ 3102. Dissolution of Organizations. (a) When to dispose after dissolution. Candidates, committees or political parties shall dispose any organizational residual contributions by the twentieth (20th) day after activities cease. (b) How to dispose. Any organization or candidate n…

§ 3103. Contents of Report. Pursuant to 3 GCA Chapter 17, and the Administrative Adjudication Law, the Organizational Report and Election Campaign Contributions and Expenditures Report forms, and accompanying instructions thereto, are herein incorporated as Appendix A and B, resp…

§ 3104. Complaints, Investigation and Rule Amendments. (a) Correction of Report. Correction of information contained in a report filed pursuant to the Election Campaign Contributions and Expenditures Chapter may be made at any time upon the findings by the Guam Election Commissio…

§ 3105 Fines. Any person, corporation, organization, or association who willfully violates any provisions in 3 GCA Chapter 17 shall be fined not less than one thousand dollars ($1,000). Fines collected under this section shall be payable to the Treasurer of Guam to be deposited i…

§ 3106. Specific Instructions for Organizational Report and Campaign Contribution and Expenditures Report. COMPILER NOTE: References to the Guam Code Annotated (GCA) found at the end of the subsections were supplied by the Guam Election Commission. (a) Name of Candidate, Committe…

§ 4101. Authority. Pursuant to 4 GCA § 13101 and the Administrative Adjudication Law, the following rules and regulations are promulgated by the Election Commission.

§ 4102. Purpose and Scope of Rules. (a) Purpose It is the purpose of these rules to implement the provision of 4 GCA Chapter 13 cited as the Financial Disclosure Act. (b) Who must file. Every person who is an “official” during any portion of any calendar year must file a report u…

§ 4103. Procedures for Filing and Publication. (a) Filing. In addition to the instructions accompanying reporting forms attached as appendices to these rules, reports required to be filed under 4 GCA Chapter 13 shall be governed by the following: (1) When to file. An official mus…

§ 4104. Contents of Report. Forms. Pursuant to 4 GCA § 13104 Forms FDA-1, Statement of Assets and Liabilities, FDA-2, Statement of Income, and FDA-3, Statement of Receipts and Disbursements, and accompanying instructions thereto, are herein incorporated as Appendices A, B, C and …

§ 4105. Penalties. (a) Failure to File. Any official or candidate who fails to file a report required by this Chapter, or who knowingly and willfully files a false report under this Chapter shall be guilty of a misdemeanor. The Guam Election Commission shall report to the Attorne…

§ 4106. Rights of Petition and Appeal. (a) Correction of Report. Correction of information contained in a report filed pursuant to the Financial Disclosure Act may be made at any time upon a finding by the Election Commission that the error is not the product of a knowing or will…

§ 7201. Authority. The Guam Energy Office (GEO) is the authority to implement and administer the Plug-In Electric Drive Motor Vehicle Rebate Program in accordance with Article 9 of Chapter 3, Title 16, GCA.

§ 7202. Purpose. The purpose of these Rules and Regulations is to establish procedural requirements for plug-in electric vehicle rebates funded under the General Fund.

§ 7203. Same: Definitions. Terms used in these rules and regulations which are defined in Title 16 Guam Code Annotated shall have the same definition for the purpose of these rules and regulations. (a) Business shall mean a locally registered business in good standing. (b) Nonpro…

§ 7204. Same: Rebate Incentive Offered. (a) Each natural person, business, or nonprofit that purchases a qualified plug-in electric drive motor vehicle shall be eligible for one (1) rebate that shall be calculated as ten percent (10%) of the total base price of the qualified plug…

§7205. Same: Program, Phase-out. The rebate authorized in this Chapter is subject to a phase- out (reduction) once one hundred (100) qualified plug-in electric drive motor vehicle rebates have been provided beginning after October 1, 2014. The phase-out shall begin in the second …

§7206. Procedure: Application. A standard rebate application form shall be provided by GEO to the Purchaser. The Director of the GEO shall approve all applications submitted to the GEO for rebate.

§7207. Procedure: Requirement. As a condition for receiving Guam rebate funds, the applicant must comply with the requirements below. The Purchaser is responsible for reviewing program requirements prior to applying for a rebate. Eligible Purchaser(s) must meet the following requ…

§7208. Procedure: Prorate Formula. Rebate Amount Issued/36 months = Rebate Amount per month. Remaining Term x Rebate Amount per month Prorated Amount Owed.

§7209. Procedure: Exceptions. There shall be no exceptions except as provided for by law.

§7210. Severability. If any section or part of these rules and regulations is held invalid for any reason, the invalidity shall not affect the validity of the remaining sections or parts of these rules and regulations. --------------…

§ 1100. General. Whereas, Chapter 8 of Title XIV, Government Code of Guam, as enacted by Public Law 9-117, provides for the issuance of rules and regulations governing the issuance of agricultural leases for government land, the following rules and regulations apply to the progra…

§ 1101. Introduction. For purposes of implementation pursuant to Public Law 9-117 of August 25, 1967 with respect to the enactment of a new Chapter 8, Title XV of the Government Code of Guam relating to agricultural leases of government land, and repealing the homestead law regar…

§ 1102. Rules and Regulations. The Act, among other statutory provisions, provides that the Department of Agriculture shall verify the eligibility of the applicant and all essential facts set forth by the applicant, and shall then approve or disapprove the application in accordan…

§ 1103. Administration. (a) The Department of Agriculture, government of Guam shall be the responsible agency for the administration of this Act, and shall from time to time submit recommendations to the Governor for approval for the effective and continued implementation of the …

§ 1104. Definitions. (a) The term agriculture as used herein shall include also grazing and stock raising. (b) Department or Director of Agriculture shall also include any successor to said Department or Director. (c) Tract means a defined area of land either large or small; sepa…

§ 1105. Qualifications and Eligibility. (a) Person presently utilizing government land under authorization originally granted by virtue of the land use permit law (Article 7, Public Law 33) would continue to utilize such tract of land as formerly agreed up to the expiration of th…

§ 1106. Rent. (a) The amount of rent due shall be established by using a rent schedule to be promulgated by the Director with the approval of the Governor, which shall operate in inverse proportion to the investment made on the lease land. (Reference: Appendix "B.") CH. 1 - AGRIC…

§ 1107. Terms and Conditions. (a) The maximum term of any lease shall be for a period not to exceed fifty (50) years, to be divided into ten (10) years increments and renewable at the option of the lessee. (b) If a tract of land has been occupied by a lessee but was terminated fo…

§ 1108. Taxes. (a) Awardee to government real property under an agricultural lease pursuant to the provisions of this Act shall not be subject to real estate taxes during his first five (5) years of occupancy other than improvements in the same manner as any other private propert…

§ 1109. Transfers or Encumbrances. CH. 1 - AGRICULTURAL LAND LEASE - 1997 - P. 6 COL7292014 No rights derived from any lease executed under the provisions of this Act shall be assigned, sold, subleased, encumbered or hypothecated unless the approval of the Governor is obtained.…

§ 1110. Annual Financial Statement. Every lessee under a lease executed under the provisions of this Act shall annually submit to the Department of Agriculture a financial statement and report setting forth in detail the improvements on and income derived from the leased land on …

§ 1111. Other Requirements. (a) It shall be the responsibility of the appropriate Division of the Department of Agriculture to make periodic and/or quarterly inspection of leased land for proper evaluation of improvements made as to crops, poultry or livestock raised to ascertain…

§ 1112. Cancellation. (a) The government of Guam shall reserve the right to cancel at any time, any lease executed hereunder; provided, lessee is not utilizing the land for the purpose for which leased, unless good cause for such failure can be shown, except that no lease can be …

§10100. Definitions of Terms. The following terms as used herein, except where the context otherwise requires, shall include both the singular and the plural and shall be construed, respectively, to mean: (a) Director - The Director of the Department of Agriculture, government of…