Guam Administrative Code

§ 6101. Authority. By virtue of the authority vested in it by 22 GCA Chapter 3 and § 5210, the Department of Labor hereby issues these Rules and Regulations, which it finds necessary in order to carry out its responsibilities in the administration and enforcement of the provision…

§ 6102. Statement of Policy. (a) It is the public policy of the territorial government of Guam to protect and safeguard the civil rights of all individuals to seek, have access to, obtain and hold employment without discrimination because of race, religious creed, color, national…

§ 6103. Purpose. The intended purpose and objectives of the law and these Rules and Regulations are to promote equal employment opportunity and to assist all individuals in understanding their rights, duties and obligations, so as to effectuate compliance with the law.…

§ 6104. Definitions. (a) Person shall mean one or more individuals, partnerships, associations, corporations, legal representatives, business trustees, receivers or any organized group of persons. (b) Employer shall mean any person employing an individual within the territory of …

§ 6105. Complaint. (a) Who May File: (1) Any individual claiming to be aggrieved by an alleged unlawful employment practice or discrimination may make, sign and file a complaint with the Department. (2) Any person claiming to have been discharged, expelled, refused employment or …

§ 6106. Same: Form and Contents; Time for Filing. (a) Complaint Form. All complaints shall be on an official Department form approved by the Director of Labor. (b) Contents of Complaint. Each complaint shall contain the following: (1) The full name, address and telephone number (…

§ 6107. Same: Filing. (a) Time Limitation for Filing Complaint. No complaint shall be filed after the expiration of ninety (90) days from the date upon which the alleged act of unlawful employment practice or discrimination occurred. (b) Manner and Place of Filing: (1) The compla…

§ 6108. Same: Service, Amendment or Withdrawal. (a) Service of Complaint. Within fifteen (15) days after a complaint is filed with the Department, the Department shall personally serve upon the respondent a notice of the complaint, including the date, place and general descriptio…

§ 6109. Investigation. (a) After the filing of a complaint, the Department shall assess the complaint and if reasonable cause exists, may open an investigation into the allegations contained in the complaint. The Investigating Officer shall have authority to request for records, …

§ 6110. Conciliation. (a) Conference. The Department may require any or all of the parties to an informal conciliation conference for the purpose of attempting to informally resolve the matter. All parties shall be reasonably notified of the time, date and the place of the inform…

§ 6111. Dismissal of Complaints. (a) The Department shall dismiss the complaint under the following conditions: (1) If it is determined that the Department does not have jurisdiction over the complaint. (2) If it is determined after investigation that reasonable cause does not ex…

§ 6112. Predetermination Settlement. (a) Settlement of all complaints at the earliest stage of the complaint processing is recommended and encouraged. The following action is suggested in endeavoring predetermination settlement: (1) At any time after the filing of a complaint, bu…

§ 6113. Reconsideration of Decision for Dismissal. (a) Request by Complainant. A complainant may submit to the Director a request for reconsideration of the dismissal of his complaint. Such request must be in writing, state specifically the grounds upon which it is based, and be …

§ 6114. Department’s Order. (a) Issuance of Order. After determination is made that the respondent has engaged in unlawful employment practice or discrimination as defined in the law, and conciliation efforts terminated, the Department shall state its findings of facts and shall …

§ 6115. Hearings. (a) Request for Hearing. In all cases where the respondent objects and/or opposes the order of the Department, in whole or in part, the respondent may request for a hearing on the case. Such request shall be in writing, signed by or on behalf of the respondent. …

§ 6201. Definitions. These definitions shall be used for the purposes of administering the Fair Chances Hiring Process. (a) Applicant means any person considered for, or who requests to be considered for, employment by an employer; or, any employee considered for, or who requests…

§ 6202. Fair Chances Hiring Process (a) An employer shall not request or require a court clearance from an applicant prior to making a conditional offer of employment to the applicant. (1) Complaints: Persons wishing to file a complaint for a violation of the Fair Chances Hiring …

§ 6203. Signage Posting Compliance. (a) All employers shall have a visible FEPD posting present in their place of business. Any employer who fails to meet this requirement may be found in violation of the rules and may be subject to civil penalties at 22 GCA § 6104(b). (1) Postin…

§ 6204. Inspections & Investigations The staff and management personnel of the FEPD division may conduct site inspections and investigations as permitted by 22 GCA Chapter 1 § 1108. (a) Inspections may be unannounced and at random. (b) Inspections may be performed for purposes of…

§ 6205. Penalties. (a) In the event of a violation of this section of the Rules, the employer shall be served with a notice of violation, commonly referred to as a “citation”, which details the violation and the level of fine to be imposed. The citation shall be signed and approv…

§ 6206. Appeals Hearings. (a) Upon the filing of a timely request of an appeal of a violation, the Director of Labor shall hold a hearing of the facts, and shall give the employer the opportunity to be heard and to provide testimony in their defense or to present rebuttal evidenc…

§ 6207. Advisory Opinions: (a)The Department may issue advisory opinions upon request. Requests for advisory opinions must be in writing and clearly state the issue with specificity. The Department may request additional information as needed, but at a minimum, the request must s…

§ 6208. Public Posting of Repeat Offenders: (a) Employers who have been cited for more than one violation of an Unlawful Withdrawal of a Conditional Offer, shall have their information posted on the Department’s website for a period of seven years, in compliance with the statute …

§ 6209. Petitions. (a) Any individual shall have the right to submit to the Director of Labor a petition for the establishment or modification of rules and regulations on subjects under the Authority of the Director, and shall have the right to request advisory rulings, consultat…

§ 6210. Severability. If any part of these Regulations is for any reason declared to be invalid by a court of law, the remaining regulations under this Title shall not be affected thereby, and shall remain valid and enforceable.…

§ 6211. Interpretation. The provisions of these Regulations shall be liberally interpreted to ensure the compliance of employers in Guam with the objectives and purposes of the Fair Chances Hiring Process Act. 23…

§ 7101. Authority and Purpose. (a) Authority. Authority under Guam law for the promulgation of Rules and Regulations affecting labor conditions in Guam by the Director of Labor is contained principally in 22 GCA § 1106, and additional authority for these Rules and Regulations is …

§ 7102. Definitions. For the purposes of this Chapter and to clarify verbiage in 22 GCA Chapter 7, and unless required by context, the following terms shall have the following definitions: (a) Department of Labor; Director of Labor shall mean the Government of Guam Department of …

§ 7103. Certification Required; Expiration; Extension. A Temporary Labor Certification is required before a Temporary Alien Worker can be permitted entry to work in Guam. Such certification shall be valid only for the employer submitting the prerequisite Application for Certifica…

§ 7104. Certification Requirements. It is intended in these Regulations that every responsible effort is made to ensure that the objectives of the laws of Guam and the United States regarding the employment of Temporary Alien Workers are met, both in the letter and the spirit of …

§ 7105. Registration of Temporary Alien Workers; Identification Badges. Once certification is obtained by the employer, it shall be the employer's responsibility that each Temporary Alien Worker be registered with the Department of Labor upon arrival in Guam. This process shall r…

§ 7106. Renewal of Certification and Registration. In order for an employer to retain the labor services of a Temporary Alien Worker in an Employment Position beyond the period for which the Temporary Worker is authorized to stay in the United States, the employer must meet all o…

§ 7107. Exit Clearance. At least 15 days prior to the departure of a Temporary Alien Worker from Guam, the Temporary Worker's employer shall apply with the Department of Labor for exit clearance for the Temporary Worker, and such application shall be approved by the Director of L…

§ 7108. Living Arrangements. Any employer having certification for more than five Temporary Alien Workers in Guam shall make lodging and 27 COL1192018 meals available to its employees in Guam. Provided, however, that the employer may opt to provide only lodging if the employees d…

§ 7109. Control of Temporary Alien Workers' Behavior and Passports. The activities of a Temporary Alien Worker in Guam are the responsibility of the employer having certification for that Temporary Worker, except that no employer of any Temporary Alien Worker in Guam shall contro…

§ 7110. Employer's Workplace Monthly Report. Every employer having certification for Temporary Alien Workers in Guam shall file a complete monthly report with the Department of Labor on a form provided by the Department. Such report shall be filed no later than the seventh day of…

§ 7111. Notices. Any notices or Applications to be filed with the Department of Labor in relation to Temporary Alien Workers shall be filed with the Department's Alien Labor Processing and Certification Division. Any notices to be served upon an employer of Temporary Alien Worker…

§ 7112. Other Laws, Rules and Regulations Applicable. All other laws, rules and regulations of Guam and of the United States, applicable in Guam, relating to the employment of persons and the conduct of business, shall be applicable to the employment of Temporary Alien Workers in…

§ 7113. Penalties. Any violation of these Rules and Regulations may be subject to an administrative penalty under this Chapter. A violation of these rules and Regulations may subject the violator to a fine of not more than Five Hundred Dollars ($500.00) for each such violation. A…

§ 7114. Hearings. Upon the request and appeal of an employer of any Temporary Alien Worker or such Temporary Worker himself or herself, the Director of Labor shall hold a hearing of the facts, and shall give the employer or Temporary Worker cited for a violation of these Regulati…

§ 7115. Petitions. Any individual shall have the right to submit to the Director of Labor a petition for the establishment or modification of rules and regulations on subjects under the Authority of the Director, and shall have the right to request advisory rulings, consultations…

§ 7116. Severability. If any part of these Regulations is for any reason declared to be invalid by a court of law, the remaining regulations under this Title shall not be affected thereby, and shall remain valid and enforceable.…

§ 7117. Interpretation. The provisions of these Regulations shall be liberally interpreted to ensure the compliance of Temporary Alien Workers and their employers in Guam with the objectives and purposes of the laws and regulations of Guam and the United States.…

§ 7118. Limitations of Temporary Alien Workers. The employer may not utilize his Temporary Alien Workers in ways which would violate any of the terms of the job offer on the labor certification granted by the Governor. Specifically the Temporary alien worker must: (a) Perform wor…

§ 7119. Mandatory Employer Participation. Employers may be summoned to mandatory meetings held by the Department of Labor. To accomplish this, the Department must notify an employer at least seven calendar days in advance of a mandatory meeting. Such notice may be served in the f…

§ 7120. Additional Project Requests. 33 COL1192018 Employers may request that projects be added to their existing Project Summary Sheets in order to allow their existing Temporary Alien Workers to perform services on new projects. (a) Additional Project Request: The employer must…

§ 7121. Repeal of Policy. This amended policy supersedes all previous issuance and additionally repeals 17 GAR Chapter 2, § 2101 thru § 2127 in its entirety as regulations in Chapter 2 are obsolete. ---------- 34 COL1192018…

§ 1100. Authority. These Regulations are prescribed in compliance with 21 GCA § 60503, and supplement the provisions of that Chapter.

§ 1101. Application. These Regulations apply to all land surveys conducted in Guam; provided, however, that in cases of surveys made for military purposes by personnel of the Armed Forces or those con- ducting surveys pursuant to contract with the Armed Forces, they apply only to…

§ 1102. Surveys, By Whom Conducted. Every land survey must be conducted by a land surveyor duly registered in accordance with 21 GCA Chapter 60, or by persons exempt from registration as provided in said Title.