Guam Administrative Code

§10104. Policies: Reports of Issuance. Each carrier shall transmit to the Commissioner as promptly as possible a report of each policy issued or renewed under 22 GCA Chapter 9. The report may consist of a copy of the policy or the declarations page thereof with a signed copy of t…

§10105. Same: Endorsement Requirement. The following form of endorsement applicable to the standard worker's compensation and employer's liability policy, shall be used with the form of policy approved by the Commission for use by an authorized carrier: Worker's Compensation endo…

§10106. Same: Authorization of Carriers. An application for authority to write insurance under 22 GCA Chapter 9 shall be made in writing, signed by an officer of the applicant shown to be duly authorized to make such application, and transmitted to the Worker's Compensation Commi…

§10107. Procedure Applicable When the Government of Guam is the Employer. (a) In cases involving employees of the government of Guam, such records as are required by the Worker's Compensation Law to be kept by an employer shall be kept by the Commissioner. Heads of departments or…

§10108. Assessment of Civil Penalties. (a) In any case under 22 GCA Chapter 9, in which it appears that there has been a failure to perform a statutory obligation, for which failure the said Chapter 9 subjects an employer and/or carrier to the imposition of a civil penalty, the C…

§10109. Conferences and Hearings, Records Thereof. (a) In any case pending under 22 GCA Chapter 9, the Commissioner may set a conference for the purpose of defining the issues, simplifying the methods of proof, and peacefully disposing of any or all issues in dispute. At least te…

§10110. Lump-Sum Settlement. When liability for death benefits, as provided for in 22 GCA §9110, is to be discharged by payment of a lump-sum and the persons entitled are aliens, not residents (or about to become non- residents) of the United States, the territory of Guam or Cana…

§10111. Methods of Payment of Compensation to Claimants Residing in a Foreign Country. (a) The insurance carrier, in making installment payments or settlement with a claimant residing in a foreign country, shall deliver to him and receive a receipt for the amount of compensation …

§15100. Adoption of Rules. These Rules and Regulations are adopted to aid the Guam Employment Relations Board and interested persons in proceedings under Public Law 9-254, Chapters 1, 3 and 4.

§15101. Purpose. The intent of Public Law 9-254 is to promote peace in labor relations. Nothing in these Rules and Regulations shall be construed to prevent the Board from using its best efforts to adjust any dispute arising between employees and employers. CH. 15 - EMPLOYMENT RE…

§15102. Definitions. Any terms used herein are defined in 22 GCA §5101 of the Act and have the meaning therein set forth.

§15103. Combined Proceedings Allowed. Proceedings under several sections of the Act may be combined.

§15104. Board: Powers.

§15105. Complaint. A complaint that a person has engaged or is engaging in an unfair labor practice may be submitted by any party in interest. Such complaint shall be in writing upon a form provided by the Board. The original and four (4) copies of the complaint shall be signed a…

§15106. Same: Content. The complaint shall include: (a) The full name and address of the person making the complaint, hereinafter referred to as the complainant; (b) The full name and address of the person against whom the complaint is made, hereinafter referred to as the respond…

§15107. Same: Hearing Notice. On the filing of a complaint, the Board shall immediately serve on the respondent a copy thereof and a notice of the time and place of hearing, which hearing shall be not less than ten (10) nor more than forty (40) days after the filing of such compl…

§15108. Answer. (a) Each respondent may within ten (10) days from the service of the complaint, file an answer thereto. An original and four (4) copies of the answer shall be filed with the Board. Immediately upon the filing of an answer, the respondent shall serve a copy thereof…

§15109. Failure to Appear at Hearing. If any party or person, after being served with the notice of hearing, fails or neglects to appear at the time and at the place designated in the notice, the Board may apply to a judge of the Superior Court and such party or person shall be o…

§15110. Amendments.

§15111. Motions by Parties. All motions made previous to or subsequent to a hearing shall be filed in writing with the Board and shall state briefly the grounds for such motion and the relief applied for. The original and four (4) copies shall be signed by the moving party and a …

§15112. Ruling or Order. Any ruling or order announced outside of a hearing shall be in writing and a copy thereof shall be served upon each of the parties. Rulings and orders announced at a hearing may be stated orally, and shall be included in the stenographic report of the hea…

§15113. Intervention.

§15114. Witnesses. Witnesses shall be examined orally under oath or upon affirmation, except that for good cause shown after the issuance of complaint, their testimony may be permitted to be taken by deposition under oath or upon affirmation in the manner prescribed by law.

§15115. Subpoenas: Application for. A party may make written application for subpoenas requiring the attendance and testimony of witnesses and the production of any evidence, including books, records, correspondents or documents, in their possession or under their control. An app…

§15116. Same: Revocation. Any person, served with a subpoena, whether ad testificandum or duces tecum, if he does not intend to comply with the subpoena, shall, within five (5) days after the date of service of the subpoena upon him, petition in writing to revoke the subpoena. Al…

§15117. Same: Failure to Comply. Upon the failure of any person to comply with a subpoena issued upon the request of a private party, the hearings officer shall, in the name of the Board but on relation of such private party, institute proceedings in the Superior Court for the en…

§15118. Witness Fees. Witnesses summoned by the Board shall be paid the same fees and mileage allowances that are paid witnesses in the Superior Court, and witnesses whose depositions are taken and the persons taking the same shall severally be entitled to the same fees as are pa…

§15119. Hearings. A hearing for the purpose of taking evidence upon a complaint shall be conducted by a hearings officer designated by the Board, unless the Board or any member thereof presides. At any time the Board may designate a hearings officer to take the place of another h…

§15120. Same: Officers. It shall be the duty of the hearings officer to inquire fully into the facts as to whether the respondent has engaged in or is engaging in an unfair labor practice as set forth in the complaint or amended complaint. The hearings officer shall have authorit…

§15121. Same: Same: Unavailability. In the event the hearings officer designated to conduct the hearing becomes unavailable to the Board after the hearing has been concluded and before the filing of his Intermediate Report, the Board may transfer the case to itself for purposes o…

§15122. Same: Same: Withdrawal. A hearings officer may withdraw from a proceeding whenever he deems himself disqualified. Any party may request the hearings officer, at any time following his designation and before filing of his Intermediate Report, to withdraw on grounds of pers…

§15123. Same: Rights of Parties. Any party shall have the right to appear at such hearing in person, by counsel or by other duly authorized representative; to call, examine and cross-examine witnesses, and to introduce into the record documentary or other evidence.

§15124. Same: Stipulations of Fact. At any such hearing stipulations of fact may be introduced in evidence with respect to any issue.

§15125. Same: Objections. Any objection with respect to the conduct of the hearing, including any objection to the introduction of evidence, may be stated orally or in writing, accompanied by a short statement of the grounds of such objection, and shall be included in the record.…

§15126. Same Evidence. In such hearing, the Board or the hearings officer shall not be bound by technical rules of evidence. However, no hearsay evidence shall be admitted or considered; and all irrelevant, immaterial or unduly repetitious evidence shall be excluded. Rules or pri…

§15127. Same: Facts. The Board or the hearings officer may take notice of judicially recognizable facts. In addition, it may take notice of generally recognized technical or scientific facts within its specialized knowledge; but parties shall be afforded an opportunity to contest…

§15128. Same: Exclusions. Contemptuous conduct at any hearing before a hearings officer or the Board shall be ground for exclusion from the hearing. The refusal of a witness at any such hearing to answer any question which has been ruled to be proper shall, in the discretion of t…

§15129. Same: Findings and Conclusions. Any party shall be entitled, upon request, to a reasonable period at the close of the hearing for oral argument, which shall not be included in the stenographic report of the hearing, unless so directed by the person conducting the hearing.…

§15130. Intermediate Reports and Recommended Orders. After the final hearing, the hearings officer or any member of the Board conducting the hearing shall promptly make and file an Intermediate Report and Recommended Order incorporating findings of fact upon all the issued involv…

§15131. Same: Interlocutory Order. Pending the final determination of such controversy, the hearings officer or any member of the Board conducting the hearing may, after hearing, make interlocutory order which may be enforced as the same manner as final orders.

§15132. Same: Contents. The Intermediate Report shall contain findings of fact, conclusions and the reasons or basis therefor, upon all material issues of fact, law or discretion presented on the record. The Recommended Order shall contain the recommended disposition of the case …

§15133. Same: Not Public Information. No member of the Board, or its designated hearings officer who renders an Intermediate Report on a contested case shall consult any person on any issues of fact except upon notice and opportunity for all parties to participate, save to the ex…

§15134. Same: Filing. The hearings officer or any member of the Board conducting the hearing shall file the original of the Intermediate Report and Recommended Order with the Board and cause a copy thereof to be served upon each of the parties. Service of the Intermediate Report …

§15135. Same: Exceptions To. (a) Within ten (10) days, or within such period as the Board may allow, from the date of service of the Intermediate Report, any party may file with the Board one (1) original and four (4) copies of a statement in writing setting forth exceptions to t…

§15136. Board Decision. (a) In the event no statement of exceptions is filed as herein provided, the findings, conclusions and recommendations of the hearings officer or any member of the Board conducting the hearing as contained in his Intermediate Report and Recommended Order s…

§15137. Appeal of Board Decision. Within fifteen (15) days from the date of the final Decision and Order of the Board, any party aggrieved thereby may petition a judge of CH. 15 - EMPLOYMENT RELATIONS - 1997 - P. 11 the Superior Court for review of the same. The appeal shall be t…

§15138. Appeal of Superior Court Decision. Any party may appeal from the decree of a Superior Court judge to the District Court. Such appeal shall be taken in the same manner and form as is provided in other cases of appeal to the District Court from a decision, judgment, order o…

§15139. Determination of Collective Bargaining Unit: Petition. A petition for determination of a collective bargaining unit under 22 GCA §5103(b) may be filed by an employee or group of employees or any individual or labor organization acting in their behalf, or by an employer in…

§15140. Same: Notice of Hearing. The petition shall be prepared on a form furnished by the Board, and the original and four (4) copies thereof shall be signed and filed with the Board. If it appears to the Board or its designated hearings officer that the petition presents a ques…

§15141. Same: Hearing. At such hearing, the procedure shall be governed by the provisions of 17 GAR §15111-§15129 insofar as they are applicable. Any member of the Board conducting the hearing or its hearings officer shall make and file an Intermediate Report and Recommended Orde…