Guam Administrative Code

§ 9317. Contested Case Hearing Procedures. The following procedures shall be followed in conducting a contested case hearing before the Commission. (a) The Chairman or Presiding Officer shall convene the hearing and shall read the nature of the filed Claim. (b) Each party or the …

§ 9318. Commission Decision. The Commission shall consider the whole record, and will resolve all questions of fact by what it deems to be the greater weight of evidence thereon, and make a final written decision stating the reasons or basis therefore and enter an appropriate det…

§ 9319. Rehearing. The Commission may entertain a written petition to reconsider or rehear its final decision. The petition shall be determined promptly. Denial of such petition shall be in writing with the reasons stated therefore. Petition to reconsider or rehear any final dete…

§ 9320. Extinguishment of Ancestral Land Claim. After the Commission has made a final determination in favor of a Claimant, the ancestral land Claim will be duly registered and extinguished. In exchange for a deed of title, the ancestral titleholder surrenders all rights and inte…

§ 9321. Notification of Extinguishment of Ancestral Claims. The Commission shall ensure that all parties whose interests may be affected in the extinguishment of an ancestral Claim are notified in writing, if possible, and through public notice in a Guam newspaper of general circ…

§ 9322. Notification of Possible Ancestral Land Claims Where the Commission identifies potential claimants who have not made an ancestral land Claim, the Commission shall notify such claimants in writing, if possible, and through public notice in a Guam newspaper of general circu…

§ 9323. Authority to Set Fees. The Commission shall prescribe, impose and collect, fees or charges for the administration of the ancestral land Claim determinations, and shall revise such fees and charges from time to time whenever necessary.…

§ 9324. Landowner’s Recovery Fund. There is created the ‘Landowner’s Recovery Fund’ to further the purposes of Chapter 80 of Title 21 of the Guam Code Annotated, to grant loans, or guarantees of loans or grants-in-aid to landowners, or to defer costs or fees of professional servi…

§ 9325. Administering Authority. The Guam Ancestral Lands Commission shall be the administering authority of the Landowner’s Recovery Fund and shall administer the Fund and make loans therefrom. The Board shall promulgate all rules and regulations necessary for the operation of t…

§ 9326. Eligibility Requirements for Loans. To be eligible for loans under this Chapter, an applicant shall be a land Claimant as defined in this Chapter. All Loan Standards and Conditions will be as set forth in §74108 of Title 12 of the Guam Code Annotated.…

§ 9327. Funds and Accounts. There shall be established a revolving source of funds whereby the fees generated by the implementation of this Guam Ancestral Lands Act shall be subject to the use of the Commission to further advance the goals and intent of this Guam Ancestral Lands …

§ 9328. Operation of Funds. The Commission may invest and reinvest any of its funds, not otherwise immediately needed for the purposes of the funds, in such bonds and securities as authorized by Guam Law for the investment of fund monies.…

§ 9329 . Repayment of Landowner’s Recovery Fund Loans. Where an ancestral land Claimant recovers title to property, the claimant agrees and is legally bound to repay any and all loans and fees waived in the assistance of that ancestral land claimant.…

§ 9330. Document Retention. All documents filed with or presented to the Commission may be retained in the files of the Commission. However, the Commission may permit withdrawal of original documents upon submission of properly authenticated copies to replace such documents. ARTI…

§ 1101. Definitions. As used in this part: (a) The term Attorney General means the Attorney General of the territory of Guam or his delegate. (b) The term related crime means any crime similar in nature to that which gives rise to the seizure of property for forfeiture, for examp…

§ 1102. Procedure Relating to Judicial Forfeitures. (a) A petition for remission or mitigation of forfeiture shall be addressed to the Attorney General, and shall be sworn to by the petitioner, or by his counsel upon information and belief, and shall be submitted in triplicate to…

§ 1103. Contents of Petition for Mitigation or Remission. (a) Petitions shall be sworn, and shall include the following information in clear and concise terms: 4 (1) A complete description of the property, including license numbers and serial numbers, and the date and place of se…

§ 1104. Mitigation and Remission. (a) Mitigation: In addition to his discretionary authority to grant relief by way of complete remission of forfeiture, the Attorney General may, in the exercise of his discretion, mitigate forfeitures of seized property. This authority may be exe…

§ 1105. Terms and Conditions of Remission. (a) The terms and conditions of remission or mitigation of forfeitures in cases subject to judicial forfeiture proceedings shall, at a minimum, require that a petitioner pay the costs and expenses incident to the seizure of the property …

§ 1201. Explanation. (a) The law provides that the Attorney General shall adopt, pursuant to the Administrative Adjudication Law, Child Support 9 Guidelines, a schedule of normal child support payments to be paid by a non-custodial parent to a custodial parent. [5 GCA §34118] (b)…

§ 1202. Introduction. (a) Purposes. (1) To establish a standard of support for children consistent with the reasonable needs of children and the ability of parents to pay; 10 (2) To make child support awards consistent for persons in similar circumstances (3) To give parents and …

§1203. How to Use the Guidelines in Sole Physical Custody Situations. (a) The gross income of the parties shall be determined, as follows: (1) Gross income includes income from any source, and may include, but is not limited to, income from salaries, wages, commissions, bonuses, …

§ 1204. How to Use the Guidelines in Shared Physical Custody Situations. (a) A parent has shared physical custody (or shared custody) of children for purposes of this guidelines if the children reside with that parent for a period specified in writing in the custody order of at l…

§1205. Gifts in lieu of money. The child support award is to be paid in money. Gifts of clothing, supplies, etc. in lieu of money are not to be offset against the support award, except by court order.

§1206. Medical Insurance. An order for child support shall assign responsibility for providing medical insurance for the children who are the subject of the support award. The court shall specify the percentage of uninsured medical expenses for the children which each parent shal…

§1207. Review and Adjustment (Modification). Review and adjustment may be initiated by the Office of the Attorney General, Child Support Enforcement Division when: (a) there is no provision for health insurance in the order; (b) in TANF cases, thirty-six (36) months after establi…

§1208. Judge‘s findings. The court shall make findings in the record as to: adjusted monthly gross income, basic child support obligation, total child support obligation, each parent's proportionate share of the total child support obligation, the child support award and medical …

§1209. Adoption of Guidelines, Effect on Modifications. The adoption of these guidelines cannot, by itself, be the sole basis for a request for a modification of an existing child support order.

§1210. Effective date. Effective ______________, all child support awards shall be made pursuant to these guidelines, whether they be original awards or modifications of pre-existing awards. ------------- ARTICLE 3 RULES FOR REMOTE ONLINE NOTARIZATION SOURCE: Adopted by P.L. 35-1…

§ 3101. Online Notarization. (a) A notary public who has been properly commissioned to conduct online notarizations may complete authorized notarial acts by means of an electronic interactive two-way audio and video communication that meets the following requirements. An online n…

§ 3102. Application for Online Notary Public Commission; Renewal. (a) A person who has been previously commissioned as a notary public by the Attorney General of Guam, or meets the qualification requirements for commissioning as a notary public as outlined in Chapter 33 of Title …

§ 3103. Performance of Notarial Acts. (a) An online notary public may perform authorized online notarial acts relating to electronic documents only if the principal personally appears before the online notary public at the time of the notarization; however, such personal appearan…

§ 3104. Electronic Signature and Seal. (a) An online notary public must use the same electronic signature for all online notarial acts performed by the online notary public. (b) An online notary public must use the same electronic seal for all online notarial acts performed by th…

§ 3105. Standards for Online Notarization. (a) Identity proofing and credential analysis must be performed by a third party who has provided evidence to the online notary public of the ability to satisfy the requirements of this Article. (b) Requirements for Credential Analysis. …

§ 3106. Fees. An online notary public, or the online notary public’s employer, may charge a fee that does not exceed Twenty-five 30 Dollars ($25.00) for performing each online notarization.…

§ 3107. Changes after Commissioning. (a) An online notary public who changes his or her address, such that the online notary public no longer qualifies for either a traditional notary public commission or an online notary public commission, vacates the office of online notary pub…

§ 3108. Termination of Commission. If the Attorney General of Guam determines that any online notary public has not complied with these regulations or the provisions of Chapter 33 of Title 5, Guam Code Annotated, related to online notarization, the Attorney General shall terminat…

§ 4101. Purpose. These Rules and Regulations are adopted pursuant to the Compensation for Damages from Criminal Activities Act (Act) [8 GCA § 161.120] for the purpose of conducting the administrative business of the Criminal Injuries Compensation Commission (Commission), and the …

§ 4102. Definitions. In addition to those terms defined under 8 GCA § 161.10 the following terms are defined and made applicable: (a) “Adjudicate” means to consider evidence supporting an application for compensation, and to vote to approve or disapprove an award of compensation …

§ 4201. Membership. The Commission shall be made up of five (5) members appointed by I Maga’hågan/Maga’låhen Guåhan with the advice and consent of I Liheslaturan Guåhan. 2 COL 20251217 RULES AND REGULATION FOR THE ADJUDICATION OF VICTIM CLAIMS 2025 NOTE: Reference to the “Governo…

§ 4202. Chairperson/Term Limit. The Commission shall elect a Chair from among the membership who shall serve for a period of two (2) years. A commissioner may be reelected to one consecutive term as Chair for a total of four (4) years, unless no other member expresses interest in…

§ 4203. Hearings/Working Sessions. (a) Hearings. (1) A hearing shall be called by the Chair at such times, dates and places as shall be set by the Chair. Additional hearings can be called by a majority of the members in writing requesting the Chair to convene a hearing with a pro…

§ 4204. Quorum. (a) A validly convened hearing requires a quorum present. A quorum of the Commission for purposes of a hearing shall consist of three (3) members. No decision of action of the Commission shall be valid without a quorum. No hearing can be convened without a valid q…

§ 4205. Vacancy. A vacancy in the membership of the Commission shall be filled only in accordance with statute. [8 GCA § 161.20] The Commission shall notify I Maga’håga/Maga’låhi and I Liheslaturan Guåhan of a vacancy with a request to have such vacancy filed expeditiously for th…

§ 4206. Voting. Decisions of the Commission require a vote of three (3) members participating in a validly called hearing. No decision is valid without a quorum vote of three members. A Commissioner who is participating in a hearing via video or teleconferencing shall be permitte…

§ 4207. Public Notice. (a) All hearings of the Commission shall comply with the notice requirements of the Open Government Law. Working sessions do not require compliance with the Open Government Law. [5 CGA Chapter 8] (b) The Commission is authorized to conduct closed hearings t…

§ 4208. Disclosure of Record. Confidential records of victims or eligible applicants are protected from public disclosure, inspection, reporting or discovery without the prior written consent of the victim/eligible applicant, or as compelled by court order, federal or local law. …

§ 4301. Eligibility. An applicant is eligible to apply for compensation in the following circumstances: (a) The act of omission resulted in the death or injury to the applicant. (b) Death or injury occurred within Guam, or if it occurred outside of Guam, the victim or eligible ap…

§ 4302. Burden to Demonstrate Eligibility. The burden of proving eligibility rests wholly with the person who seeks compensation as a victim or eligible applicant. (a) A copy of the police report containing the criminal history and investigation of the crime is presumptive proof …

§ 4303. Statutory Limitations. An application must be filed within eighteen (18) months of the date of injury, death of the victim, or property damage. [8 GCA § 161.90(a)] ARTICLE 4 APPLICATION…