Guam Administrative Code

§16118. Same: Officer's Authority. The hearings officer shall have authority with respect to cases assigned to him to: (a) Give notice concerning and to hold hearings; (b) Administer oaths and affirmations; (c) Issue subpoenas, either at his own instance or upon written applicati…

§16119. Same: Evidence. 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. 1997 - P. 5

§16120. Same: Oral Argument. Any party shall be entitled, upon request, to a reasonable period at the close of the hearing for oral argument.

§16121. Recommended Order: Content. The Recommended Order shall contain the hearings officer's disposition of the case which shall be either to dismiss the complaint, or to require that the respondent cease and desist from such unlawful employment practice or discrimination found…

§16122. Same: Filing. The hearings officer shall file the original of his report and Recommended Order with the Director and cause a copy thereof to be served upon each of the parties.

§16123. Same: Exceptions to. Within fifteen (15) days after receipt of a copy of the hearings officer's Recommended Order any party may file with the Director an original and two (2) copies of a statement in writing setting forth exceptions to the Recommended Order or to any othe…

§16124. Same: Final Upon Approval of Director. In the event no statement of exceptions and request for review is filed as herein provided, the findings, conclusions and Recommended Order of the hearings officer shall become final upon approval of the Director, unless the Director…

§16125. Final Order. Upon the filing of a statement of exceptions and brief, the Director may decide the matter forthwith upon the record, may grant the opportunity for oral argument, or may reopen the case and receive further evidence. After making his review, the Director shall…

§16126. Appeal of Director's Decision. Within thirty (30) days from the date of the Final Order, any party aggrieved thereby may petition a judge of the Superior Court for review of the same, subject to the general provisions of law for the calling in of another judge. Such petit…

§16127. Same: Commencement of Proceedings Not Stay of Final Order. Commencement of appeal proceedings shall not stay enforcement of the Department's Final Order unless the reviewing court orders a stay upon such terms as it deems proper.

§16128. Appeal of Superior Court Decision. Any party may appeal from a decision of a Superior Court judge entered under the provisions of this Act to the District Court. Such appeal shall be taken and presented in the same manner and form and with the same effect as is provided i…

§ 4101. Definitions. For the purposes of the Minimum Wage and Hour Act of Guam: (a) [Repealed.] (b) [Repealed.] (c) [Repealed.] (d) [Repealed.] (e) The term retail store shall mean any store in which goods or commodities in small quantities or parcels are sold at retail or direct…

§ 4102. Employees Employed in Activities Incidental, Minor or Subsidiary to the Principal Activity. (a) The provisions of 22 GCA '3105 and '3107, as amended, shall not apply to employees employed in activities, incidental, minor or subsidiary to the principal exempt activity; pro…

§ 4103. Handicapped Clients in Sheltered Workshops, Learners and Apprentices. The provisions of 22 GCA '3105 and '3107, as amended, shall not apply to handicapped clients in sheltered workshops, learners or apprentices; provided, application for a special license or forms to be p…

§ 4104. Employers' Records. (a) Every employer shall maintain and keep records in English containing the following information and data on each employee to whom 22 GCA '3105 and '3107, as amended apply: (1) Name in full, and also an identifying symbol or number if such is used in…

§ 4105. Reasonable Cost of Board, Lodging and Other Facilities. (a) The reasonable cost to the employer of furnishing an employee with board, lodging or other facilities is hereby determined to be the actual cost of operation and maintenance, including adequate depreciation, plus…

§ 4106. Reduction of Wages. No employer shall reduce a wage paid by him which is in excess of the minimum wage under the Minimum Wage and Hour Act of Guam for 6 the purpose of evading the overtime provisions of 22 GCA '3107, as amended.…

§ 4107. Payment of Wages. (a) Except as provided for by 22 GCA '3201, as amended, the earned wages of all employees shall be due and payable within seven (7) days after the end of each pay period. (b) In the case of a dispute over wages resulting in, or existing at the time of te…

§ 4108. Display of Posters. Every employer shall display posters containing provisions of the Minimum Wage and Hour Act of Guam in conspicuous places on his premises as furnished by the Commissioner.

§ 4109. Effective Date. These Rules shall take effect upon promulgation by executive order. Dated at Agana, Guam this 17th day of May, 1961. --------- 7…

§ 5101. Definitions. As used in this Section: (a) Act means the child labor provisions 19 GCA Chapter 11. (b) Wage and Hour Division means the Wage and Hour Division of the Department of Labor. (c) Employment Certificate means a certificate of employment issued by the Commissione…

§ 5102. Employment Certificate: Effect. (a) If an employer of a minor under the age of sixteen (16) obtains from the Commissioner of Wage and Hour or his designated representative, a certificate of employment issued and held in accordance with this Regulation, he shall have compl…

§ 5103. Information Concerning Application for Minor’s Employment Certificate, the Employment Certificate and Proof of Age Required. (a) Application for minor’s employment certificate shall contain the following information: (1) Last name, first name, middle name of minor. (2) Ag…

§ 5104. Periods and Conditions of Employment. (a) Except as provided in Subsection (b) of this Section, employment in any of the occupations to which this Section is applicable shall be confined to the following periods: (1) Outside school hours; 4 COL1192018 (2) Not more than si…

§ 5201. Definitions. As used in this Regulation, Commissioner, Employ, Employer, Employee, Industry, Wage and Week mean the same as the terms are defined in 19 GCA Chapter 11.

§ 5202. Occupations of Motor Vehicle Driver and Outside Helper. (a) Except as otherwise provided in this Section, the occupations of motor vehicle driver and outside helper on any public road, highway, in or about any mine (including open-pit mine or quarry), place where logging …

§ 5203. Occupations in Operation of Power-Driven Woodworking Machines. 7 COL1192018 (a) Except as otherwise provided in this Section, the following occupations involved in the operation of power-driven woodworking machines are declared to be hazardous for minors under eighteen (1…

§ 5204. Occupations Involving Exposure to Radioactive Substances and to Ionizing Radiations. (a) The following occupations involving exposure to radioactive substances and to ionizing radiations are declared to be hazardous occupations for minors under eighteen (18) years of age:…

§ 5205. Occupations Involved in the Operation of Elevators and Other Power-Driven Hoisting Apparatus. 10 COL1192018 (a) The following occupations involved in the operation of power-driven hoisting apparatus are declared to be hazardous for minors under eighteen (18) years of age:…

§ 5206. Occupations Involved in the Operation of Power- Driven Metal Forming, Punching and Shearing Machines. (a) Except as otherwise provided in this Section, the occupations of operator of or helper on the following power-driven metal forming, punching and shearing machines are…

§ 5207. Occupations in or About Slaughtering and Meat Packing Establishments and Rendering Plants. (a) Except as otherwise provided in this Section, the following occupations in or about slaughtering and meat packing establishments, rendering plants or wholesale, retail or servic…

§ 5208. Occupations Involved in the Operation of Certain Power-Driven Bakery Machines. The following occupations involved in the operation of power- driven bakery machines are declared to be hazardous occupations for minors under eighteen (18) years of age: (1) The occupations of…

§ 5209. Occupations Involved in the Operation of Certain Power-Driven Paper Products Machines. 16 COL1192018 (a) Except as otherwise provided in this Section, the following occupations are declared to be hazardous occupations for minors under eighteen (18) years of age: (1) The o…

§ 5210. Occupations Involved in the Manufacture of Brick, Tile and Kindred Products. (a) The following occupations involved in the manufacture of clay construction products and of silica refractory products are declared to be hazardous occupations for minors under eighteen (18) y…

§ 5211. Occupations Involved in the Operation of Circular Saws, Band Saws and Guillotine Shears. (a) Except as otherwise provided in this Section, the following occupations are declared to be hazardous occupations for minors under eighteen (18) years of age: (1) The occupation of…

§ 5212. Occupations Involved in Wrecking, Demolition and Shipbreaking Operations. (a) All occupations in wrecking, demolition and shipbreaking operations are declared to be hazardous occupations for minors under eighteen (18) years of age. (b) As used in this Section, wrecking, d…

§ 5213. Occupations Involved in Roofing Operations. (a) Except as otherwise provided in this Section, all occupations in roofing operations are declared to be hazardous occupations for minors under eighteen (18) years of age. (b) As used in this Section, roofing operations means …

§ 5214. Occupations in Excavation Operations. (a) Except as otherwise provided in this Section, the following occupations in excavation operations are declared to be hazardous occupations for minors under eighteen (18) years of age: (1) Excavating, working in or backfilling (refi…

§ 5215. Occupations in Connection with Mining, Other Than Coal. (a) All occupations in connection with mining are declared to be hazardous occupations for minors under eighteen (18) years of age except the following: (1) Work in offices, in the warehouse or supply house, in the c…

§ 5216. Logging Occupations and Occupations in the Operation of any Sawmill, Lath Mill, Shingle Mill or Cooperage Stock Mill. (a) All occupations in logging and all occupations in operation of any sawmill, lath mill, shingle mill or cooperage stock mill are declared to be hazardo…

§ 5217. Occupations Involved in Agricultural Operations. (a) The following occupations in agriculture are declared to be hazardous occupations for minors under sixteen (16) years of age: (1) Transporting, transferring or applying anhydrous ammonia; handling or applying including,…

§ 5218. Additional Hazardous Occupations for Minors Under Sixteen (16). In addition to occupations hereinbefore declared hazardous, the following occupations are declared to be hazardous occupations for minors under sixteen (16) years of age: (1) Manufacturing or processing occup…

§ 5219. Non-Hazardous Occupations for Minors Fourteen (14) Years of Age and Over in Retail, Food Service and Gasoline Service Establishments. (a) The following occupations in retail, food service and gasoline service establishments shall not be deemed hazardous for minors who hav…

§ 5220. Occupations in or About Plants or Establishments Manufacturing or Storing Explosives or Articles Containing Explosive Components. (a) Finding and Declaration of Fact. The following occupations in or about plants or establishments manufacturing or storing explosives or art…

§ 5301. Definitions. As used herein: (a) Commissioner means the Commissioner of Wage and Hour. (b) Theatrical Employment means gainful occupation as a model, dancer, singer, musician, entertainer or motion picture, television, radio or theatrical performer. (c) Other terms used a…

§ 5302. Theatrical Employment Permitted. 32 COL1192018 A minor under sixteen (16) years of age may be employed or permitted to work in theatrical employment, provided: (a) A written consent to such employment is filed with the Commissioner by a guardian or parent with whom such a…

§ 5303. Hours of Employment. A minor under sixteen (16) years of age, but not under six (6) years of age, may be employed or permitted to work in theatrical employment after 7:00 P.M. provided that: (a) On any night preceding a day when a minor is not legally required to attend s…

§ 5304. Application and Issuance of Employment Certificate. (a) Application for employment of a minor in theatrical employment shall be made by the employer to the Commissioner on forms furnished by the Commissioner. The application must contain all information required by the fo…

§ 5305. Revocation or Cancellation of Employment Certificate. A certificate for theatrical employment may be revoked or cancelled for cause at any time by the Commissioner after affording all interested parties reasonable opportunity for a fair hearing. Cause shall mean violation…

§ 5306. Reconsideration and Appeal. (a) Any person aggrieved by the Commissioner’s action in denying, granting, revoking or cancellation of an employment certificate for theatrical employment may: (1) Within ten (10) days from such action, file a written request for reconsiderati…