Guam Administrative Code

§ 4401. Application Form. Application for compensation under these Rules shall be made using the official administrative form approved by the Commission. No other application form shall be acceptable. An applicant is required to make a sworn declaration attesting to the truthfuln…

§ 4402. Review for Eligibility and Completeness – Referral to Commission. (a) The administrative staff of the Commission is responsible for reviewing all filed applications promptly to determine whether the applicant is eligible and the completeness of the application. An incompl…

§ 4501. Hearing. (a) Hearings of the Commission must comply with the Open Government Law, except as authorized under 8 GCA § 161.30(b) and these Rules. (b) Hearings pertaining to the administrative business of the Commission are open to the public. (c) Adjudicative hearings perta…

§ 4502. Medical Examination. (a) The Commission may order the applicant to be examined by a licensed practitioner appointed by the Chair, specifically requesting a determination that is relevant to a determination of whether the injury was reasonably and likely a result of the ac…

§ 4601. Decision. (a) The Commission shall render a decision no later than one hundred and twenty (120) days from the date of the final hearing, including any continuances. The Commission may extend rendering its decision for good cause stated in writing to the applicant, and in …

§ 4602. Reconsideration. The Commission is permitted to reconsider any decision rendered, either sua sponte or on petition of an aggrieved applicant. A reconsideration motion must be filed no later than ten (10) working days after issuance of the Commission’s decision. Reconsider…

§ 4603. Appeal. An aggrieved applicant may appeal the decision of the Commission to the Superior Court of Guam on the sole grounds that the decision exceeded the Commission’s authority or jurisdiction, within thirty (30) calendar days after service upon the applicant an original …

§ 4701. Maximum Award. Compensation for medical expenses may be awarded up to the amount of Twenty Thousand Dollars ($20,000.00), and compensation for all other purposes allowed under this Chapter shall not exceed Ten Thousand Dollars ($10,000.00). [8 GCA § 161.90(b)]…

§ 4702. Attorney Fees. The Commission may order reasonable attorney fees based on an award granted to an applicant as provided in 8 GCA § 161.40. The Commission shall require the attorney to submit an Affidavit of 7 COL 20251217 RULES AND REGULATION FOR THE ADJUDICATION OF VICTIM…

§1101. Purpose. This policy is intended to define and implement the intent of the provisions of Public Law 11- 146, to provide payment of bonuses to persons who served with the Military or Naval Forces of the United States during World War II, The Korean Conflict or the Indo- Chi…

§1102. Coverage. It shall be the policy of the government of Guam to pay all qualified veterans a bonus which is declared a gift or gratuity made as a token of appreciation for service rendered by the veteran to the people of Guam in time of grave national emergency as is in no s…

§1103. Definitions. (a) Office of Veterans' Affairs means Bonus Section of the Office of Veterans‘ Affairs, government of Guam (b) Veterans' Affairs Officer means Veterans' Affairs Officer of the Office of Veterans' Affairs, government of Guam. (c) Armed Forces means the United S…

§1104. Exclusion. No compensation shall be paid to any person who received from another state or territory a bonus, compensation or benefit, the prerequisite of which is service in such forces, which service is the basis for the claim of benefits under this Act.

§1105. Bonus Computation - Amount. (a) Each person who is determined to be eligible by the Veterans' Affairs Officer, shall be entitled to receive a bonus of Thirty ART. 1 - BONUS SECTION - VETERANS‘ BONUSES - 1997 - P. 3 Dollars ($30.00) for each month of active service during W…

§1106. Application: Time of Filing and Return. (a) Applications for the payment of bonuses must be submitted to Veterans Affairs Officer, government of Guam, Agana, Guam in conformity with the following: (1) Eligible World War II and eligible Korean Conflict Veterans or their ben…

§1107. Evidence to be Mailed with Application. (a) Every application for compensation shall be accompanied by all documentary evidence required in the application: (1) The following shall be acceptable documentary evidence: (A) Authenticated copies of records or certificates made…

§1108. Oral Hearing - Procedure for Hearing. (a) No claimant shall be entitled to an oral hearing as a matter of right, but the Veterans’ Affairs Officer may, in his own discretion, order a hearing in any case presenting unusual circumstances, or where it appears that documentary…

§1109. Burden of Proof. A claimant, in all cases, must prove to the satisfaction of the Veterans' Affairs Officer that he is entitled to payments of veterans' bonus as provided in these Rules and Regulations.

§1110. Prompt Determination to be Made. Each application received by the Veterans' Affairs Officer shall be promptly reviewed to determine whether it is approved or disapproved for payment of veterans' bonus; and if approved, shall determined amount to be paid according to the pr…

§1111. Notice of Disapproval of Claim. (a) Any claim determined to be disapproved shall be sent to such claimant with a notice of such decision by mail at the address shown in the application. (b) Notice shall contain a designation of the reason for disapproval and shall inform t…

§1112. Effect of Final Disapproval. If the Veterans' Affairs Officer disapproves any claim for cause, no ART. 1 - BONUS SECTION - VETERANS‘ BONUSES - 1997 - P. 6 payment of a bonus shall be made. A notation of such decision shall be made in a permanent book or record in his offic…

§1113. Payment of Bonus. When a claim is approved, the Veterans' Affairs Officer shall promptly certify to the Treasurer of Guam the names and addresses of person found entitled to be paid a bonus and the amount payable to each.

§1114. Processing of Application. (a) The receipt and processing of bonus applications shall be on a centralized basis. (b) All bonus applications must be mailed to: Office of Veterans' Affairs, Bonus Section, Government of Guam, Agana, Guam (c) An application for a bonus shall n…

§ 10101. Authority. 10 GCA Chapter 47 - “Water Pollution Control Act.”

§ 10102. General Provisions: Purpose, Scope, Applicability and Exemptions. (a) Purpose. Whereas soil erosion and sedimentation resulting from the construction of sub-divisions, industrial and commercial developments, highways and other activities requiring excavation and filling …

§ 10103. Definitions. (a) Meanings of words and terms. The following words and terms, when used in these regulations, shall have the following meanings, unless the context clearly indicates otherwise: 5 (1) Accelerated erosion: The removal of the surface of the land through the c…

§ 10104. Permit Issuance and Denials. (a) Permits Required. (1) Unless exempted, no person shall commence or perform any grading, clearing, grubbing, embankment, filling, excavation or other earth-moving activity without a grading permit; (2) Unless exempted, no person shall comm…

§ 10105. Erosion and Sediment Control Plans. (a) General Requirements. 20 (1) All earth-moving activities on Guam shall be conducted in such a way as to prevent accelerated erosion and the resulting sedimentation. To accomplish this all persons engaged in earth-moving activities …

§ 10106. Erosion and Sediment Control Plans and Measures. (a) General policies for Erosion and Sediment Control. (1) All earth-moving operations on Guam shall be conducted in a manner that prevents accelerated land erosion, transportation of sediment to and along highways, or sil…

§ 10107. Special Requirements. (a) Protection of adjoining properties. Any person performing or causing to be performed any excavation or fill shall, at his own expense, provide the necessary means to prevent the movement of earth to the adjoining properties, and to maintain the …

§ 10108. Project Completion. (a) Products to be submitted. (1) As-built/graded plan, prepared by an engineer or land surveyor, upon completion of an earth-moving operation covering an area of greater than one (1) acre; 35 (2) Soils report, when earth-moving operations involve cut…

§ 10109. Permit Fees. (a) Applicability. All applicants (e.g.; private individuals, federal agencies, and government of Guam agencies or departments, including autonomous and semi-autonomous agencies) for earth-moving operations permits, shall pay required permit fees. (b) Gradin…

§ 10110. Permit Expiration. (a) Grading, clearing and grubbing and stockpiling permits. All grading, clearing and grubbing or stockpiling permits shall expire and become null and void under the following circumstances: (1) If permitted work is not started within one hundred eight…

§ 10111. Stop Work Order. (a) Unacceptable Conditions. Whenever the Administrator determines that any permitted clearing and grubbing, grading, or stockpiling is or may become unstable or dangerous, endangers property, adversely affects the safety, use, or stability of a public w…

§ 10112. Suspension or Revocation of Permit. (a) Criteria for Suspending or Revoking Permits. The Administrator shall, in writing, suspend or revoke a permit issued under the provisions of these regulations whenever: the permit has been issued on the basis of incorrect informatio…

§ 10113. Inspections. Access to the site. Each permit issued under these regulations shall be deemed to include the right of the Administrator or his authorized representative to enter at reasonable time upon any property to inspect the clearing and grubbing, grading, or stockpil…

§ 10114. Enforcement. (a) Corrective Measures. If the Agency determines that a person is conducting operations which are causing or are likely to cause pollution, the Administrator may order the owner or operation to take corrective measures needed to prevent or cease the polluti…

§ 10115. Penalties, Liability, and Severability Clause. (a) Penalties. (1) Field Citations. Any person violating the Water Pollution Control Act or these regulations may be served by the officer or inspector with a pollution citation. (A) Water Pollution citation violations shall…

§10104. Classification of Water and Wastewater Facilities. (a) A point system will be utilized to classify water and wastewater systems in order to fairly administer the provisions of this program and to establish the level of certified operators needed for proper operation of th…

§11101. Authority. Sections 52101-52117 Chapter 52, 10 GCA authorizes and directs the Administrator, with the approval of the Board of Certification, to promulgate rules and regulations necessary to implement the Water and Wastewater Operators Certification Act, which became effe…

§11102. Purpose. (a) The purpose of the operator certification program is to promote the improvement and certify the ability of personnel engaged in water and wastewater system operation and thereby reduce the hazards to public health and protect the water resources and the large…

§11103. Definitions. (a) Administrator means the Administrator of the Guam Environmental Protection Agency or his delegated representative. CH. 11 - OPERATOR CERTIFICATION REGULATIONS - 1997 - P. 1 Div. II - Water Control (b) Association of Boards of Certification (ABC) means the…

§11104. Classification of Water and Wastewater Facilities.

§11105. Operator Certification Qualifications. (a) All potable water supply systems and wastewater facilities whether publicly or privately owned, used or intended for use by the public or private persons, must at all times be under the direct supervision of an operator whose com…

§11106. Application, Examinations and Issuance of Certificates. (a) Application for Examination: (1) Applicants shall submit an application in writing to the Administrator on the appropriate form at least thirty (30) days prior to the date the examination if schedule. Applicants …

§11107. Renewal, Reciprocity and Revocation of Operator Certificates. (a) Renewal of Operator Certificates. All certificates shall be valid for a period of three (3) years upon fulfillment of the requirements provided in these regulations. Applications for renewal of certificates…

§11108. Fees. (a) Fees for certification shall be as follows: Application for examination $15.00 Reexamination resulting from failure to pass an examination 15.00 Renewal of certificate (every 3 years) 15.00 Reinstatement or reciprocity certificate 15.00 (b) Fees from applicants …

§11109. Penalties and Appeals. (a) Penalties. Any person who violates any provision of these regulations or who knowingly and willfully operates a system required to be certified under these regulations without the proper certification or who knowingly makes any false statements,…

§11110. Severability. NOTE: Rule-making authority cited for formulation of Water and Wastewater Operators Certification regulations by the Guam Environmental Protection Agency, 10 GCA, Chapter 52. §§ 52101- 52117 The regulations for the Water and Wastewater Operator Certification…

§57241 of the Water and Wastewater Operators Certification Act, Public Law 14-31. (b) Appeals: (1) Persons aggrieved by actions of the Administrator pursuant to these regulations may appeal to the Board within fifteen (15) days of written notice of such action as per the Administ…