Guam Administrative Code

§ 6303. Signage Posting Compliance. (a) All employers shall have 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 § 304(i). (1) Posting m…

§ 6304. Inspection and Investigations. (a) The staff and management personnel of the FEPD division may conduct site inspection sand investigations as permitted by 22 GCA § 1108. (b) Inspections may be unannounced and at random. (c) Inspections may be performed for the purposes of…

§ 6305. Penalties. (a) Monetary Penalties. 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 …

§ 6306. Appeals Hearings. (a) The employer shall have the right to an administrative hearing conducted by the Director of Labor or his designee. The offender may either pay the fine, or appeal in writing, within fifteen (15) calendar days from the receipt of the notice of violati…

§ 6307. Administrative/Civil Process. (a) Before an individual may file a civil action, the administrative process through the Department must be exhausted. (b) Should a civil action be filed in court before the Department’s administrative process is complete, the Department will…

§ 6308. 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…

§ 6309. 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.

§ 6310. 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 “ Pregnant Workers Fairness Act. ” ---------- COL 2026-08-06

§ 7 119. 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 …

§ 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 …

§ 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 COL1192018 C H . 7 T EMPORARY A LIEN W ORKERS 28 meals available to its employees in Guam. Provided, however, that the employer may opt to prov…

§ 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.

§ 7120. Additional Project Requests. COL1192018 C H . 7 T EMPORARY A LIEN W ORKERS 34 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…

§ 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. ---------- COL1192018

§ 8101. Authority. Public Law 35-39 amended 22 GCA Chapter 10 on October 14, 2019, specifically §10107 requires the Guam Department of Labor to promulgate Rules and Regulations, which it may find necessary in order to carry out its responsibilities in the administration and enfor…

§ 8102. Definitions. The definitions set forth herein shall govern the construction and interpretation of this Chapter: (a) “ Apprentice ” means an employee of a business participating in the Guam Registered Apprenticeship Program who is at least sixteen (16) years of age, except…

§ 8103. Program Eligibility. Program Participants must submit to GDOL: COL 2026-08-06 C H . 8 G UAM R EGISTERED A PPRENTICE P ROGRAM 3 (a) an original and one copy of GRAP Form 1 - Application for Guam Registered Apprenticeship Program Tax Credit, along with the following: (1) US…

§ 8104. Approved Demand Occupations Listing. In the first quarter of each fiscal year, the Director shall establish a list of skilled occupations and trades that correspond to recognized USDOL-OA apprenticeship programs. At this time, the Director may amend a prior year’s occupat…

§ 8105. GRAP Tax Credit Certification. Active program participants may apply for a certification from the Director of Labor by submitting an application on GRAP Form 2. (a) Upon receipt of a completed GRAP form 2 and associated supporting documents, the Director or his authorized…

§ 8106. Denial of Tax Credit. The Director may, after reviewing documents submitted by a program participant, elect to deny or disallow claimed training costs, in whole or in part. (a) Reasons for denial or disallowing costs are as follows: (1) The claimed costs were not associat…

§ 8107. Eligible Training Costs. Eligible training costs are costs associated with the training and development of the apprentice and apprentice’s Instructor/Mentor or Journey Worker. (a) Eligible costs are as follows: (1) Direct wages of apprentice. (2) Direct medical and dental…

§ 8108. Cooperative Programs Authorized. Pursuant to 22 GCA § 10111, when necessary, the Director of the GDOL shall develop and enter into a memorandum of understanding (MOU) with other government agencies or instrumentalities or private organizations to provide specialized train…

§ 8109. Electronic Filing of Documents. Electronic filing of documents may be accepted at the discretion of the Director.

§ 8110. Fraud and Abuse. (a) Should the Department determine that fraud or material misrepresentation has occurred in an effort to obtain GRAP tax credits, the employer will be disqualified for utilizing the program. Additionally, the matter may be referred to the Attorney Genera…

§ 8111. Disqualification Appeal. The Director’s decision to disqualify an employer may be appealed in writing to the Director within fifteen (15) days from the date of the issuance of a Disqualification Notice. (a) The Director, who shall be the hearing officer, may opt to rescin…

§ 8112. Technical Assistance Guide. In order to provide program guidance, the director may develop a technical assistance guide (TAG). COL 2026-08-06 C H . 8 G UAM R EGISTERED A PPRENTICE P ROGRAM 7

§ 8113. Petitions. Any individual shall have the right to submit to the Director 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 or decla…

§ 8114. Severability. If any provision of this Act or its application to any person or circumstance is found to be invalid or inorganic, such invalidity shall not affect other provisions or applications of this Act that can be given effect without the invalid provision or applica…

§ 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.