Guam Administrative Code

§ 4B705. In-Service Withdrawals for Hardship. (a) At the request of a Participant, the Plan Administrator may authorize a withdrawal at any time from the Participant’s D IV . 1 - D EPARTMENT OF A DMINISTRATION Account, provided that the authorization for such withdrawal and the a…

§ 4B706. In-Service Distributions. D IV . 1 - D EPARTMENT OF A DMINISTRATION Voluntary In-Service Distribution of De Minimis Accounts. The Plan Administrator may permit a Participant, while in employment with the Employer, to elect an in-service distribution of the total amount p…

§ 4B707. Plan to Plan Transfers. (a) Post-Severance Transfer. (1) At the sole discretion of the Plan Administrator, and subject to the requirements of this Section 4B707(a), the Plan may upon request transfer the Account balance of a Participant or Beneficiary to another eligible…

§ 4B801 . Designation Procedure. D IV . 1 - D EPARTMENT OF A DMINISTRATION Each Employee, upon becoming a Participant in the Plan, may designate a Beneficiary or Beneficiaries to receive the benefits provided under the Plan in the event of the Participant’s death. A Participant s…

§ 4B802. Lack of Designation. If it is determined by the Plan Administrator that all the individuals designated by the Participant as Beneficiaries to receive his interest in the Plan by reason of his death have predeceased the Participant or are otherwise incapable of receiving …

§ 4B901. Plan Governance. This Article describes the allocation of powers and duties for the operation of the Plan, Plan administration, and management of Plan assets among the Board of Trustees, the Plan Administrator, and the other parties, if any, involved in Plan Administrati…

§ 4B902. Plan Representatives. The Board of Trustees or the Plan Administrator may appoint Plan Representatives to represent the Plan, the Board of Trustees, or the Plan Administrator in the day-to-day administration of the Plan.

§ 4B903. Reliance. To the extent permitted by law, the Board of Trustees, the Plan Administrator and any person to whom either may delegate any duty or power in connection with administering the Plan, the Employer, and the officers and directors thereof, shall be entitled to rely…

§ 4B904. Indemnification. The Employer may, in its discretion, purchase insurance to protect the Board of Trustees, the Plan Administrator, or Plan Representatives against any potential liability under the terms of this Plan. The Employer shall indemnify the members of the Board …

§ 4B905. Expenses. All usual and reasonable expenses that shall arise in connection with the administration of the Plan, including but not limited to, administrative expenses and proper charges and disbursements under the Plan, and compensation and other expenses and charges of a…

§ 4B906. Claims for Benefits. Any Participant, surviving Spouse, or other Beneficiary making a claim for benefits under the Plan shall file a written application with the Plan Administrator. In the event of a mistake or misstatement as to the eligibility, participation, or servic…

§5101. Reserved.

§ 5101. Purpose. To recognize and define the role of public employee organizations and to promote effective, equitable and uniform implementation within government of Guam policies, rights and responsibilities prescribed in 4 GCA Chapter 10, commonly called the “Public Employee -…

§ 5102. Policy. (a) It is a policy of the government of Guam that all employees, except those hereinafter specifically excluded or who C H . 5 - P UBLIC E MPLOYEE - M ANAGEMENT R ELATIONS A CT shall be determined by the Governor, pursuant to the authority granted him by 4 GCA Cha…

§5102. Responsibility for Selection of Methods of Construction Contracting Management . (1) Application of Regulation and General Policy. (a) Application . This Section contains provisions applicable to the selection of the appropriate method of management for construction contra…

§5103. Bid Security (Requirement). (1) Requirement for Bid Security. Bid security shall be required for all competitive sealed bidding for construction contracts when the price is estimated by the Director of Public Works to exceed $25,000. Bid security shall be a bond provided b…

§ 5103. Exclusions. (a) These rules and regulations shall not apply to any department, office or entity in the Executive Branch which is primarily performing investigative, intelligence or security functions, if the Governor of Guam determines that the provision of this rule cann…

§ 5104. Definitions. As used in these rules and regulations: (a) Government means the Executive Branch of the government of Guam, including any political or organizational subdivision thereof, and any corporation, association or authority wholly owned by the government of Guam. (…

§5104. Contract Performance and Payment Bonds. (1) Performance Bonds. (a) General . A performance bond satisfactory to the territory, executed by a surety company authorized to do business in this territory or otherwise secured in a manner satisfactory to the territory, is requir…

§ 5105. Right of Representation. (a) Advisory groups or councils of employees established in a Government department pursuant to regulations of a particular Government component are not employee organization for purpose of this rule. No such group or council will be organized for…

§5105. Bond Forms and Copies. (1) Forms. (a) Bid Bond. The required bid bond shall be in substantially the following form: BID BOND BOND NO.___________ KNOW ALL MEN BY THESE PRESENTS, that we, _____________________, as Principal, hereinafter called the Principal, and Bonding Comp…

§ 5106. Employee Units. (a) For purpose of exclusive recognition requested by qualified employee organizations, appropriate units of employees shall be established by the Director on any reasonable basis, such as departmental, functional, craft or other basis which will assure a …

§5106. Contract Clauses and Their Administration. (1) Introduction. The contract clauses presented in this Section are promulgated for use in construction contracts in accordance with 5 GCA §5306 (Contract Clauses and Their Administration) of the Guam Procurement Act. Alternative…

§ 5107. Exclusive Recognition. (a) The Governor shall have sole power to grant to an employee organization recognition as the exclusive bargaining agent for an appropriate employee unit. (b) An employee organization which desires exclusive recognition in an employee unit it propo…

§5107. Fiscal Responsibility. Every contract modification, change order, or contract price adjustment under a construction contract with the territory in excess of $5,000 shall be subject to prior written certification by the fiscal officer of the entity responsible for funding t…

§5108. Architect-Engineer and Land Surveying Services. (1) Application . The provision of these Regulations applies to every procurement of services within the scope of the practice of architecture, professional engineering, or land surveying, as defined by the laws of this terri…

§ 5108. Elections. (a) The Director shall order and conduct a secret ballot election to determine what, if any, employee organization shall be granted recognition as exclusive bargaining agent for an appropriate unit when: (1) A valid petition is filed by one or more employee org…

§ 5109. Certification of Election Results, Notification of Exclusive Recognition and Appeal of Election Results. C H . 5 - P UBLIC E MPLOYEE - M ANAGEMENT R ELATIONS A CT (a) Immediately upon the conclusion of an election, the Director shall: (1) Cause a tally of the election res…

§ 5110. Duration of Recognition. (a) Exclusive recognition granted to an employee organization shall continue for a minimum period of one (1) year without further proof of majority status, provided, however, the Director may request the Governor to withdraw recognition upon obtai…

§ 5111. Unfair Labor Practices. (a) It shall be an unfair labor practice for the Director or any Government management official to: (1) Restrain, coerce or interfere with the exercise of the rights assured to public employees by Public Law 9-240. (2) Dominate, sponsor, control or…

§ 5112. Miscellaneous Provisions. (a) It shall be the mutual responsibility of department heads or their designees and employee organization representatives to negotiate in good faith with the objective of reading an agreement by diligent and serious exchange of information and v…

§ 5201. Scope. C H . 5 - P UBLIC E MPLOYEE - M ANAGEMENT R ELATIONS A CT These rules govern procedure before the Director of Administration under the Public Employee-Management Relations Act of Guam as now or hereafter amended, and such other related acts as may now or hereafter …

§ 5202. Construction of Rules. The rules shall be liberally construed to effectuate the purposes of the Act and to secure the just and speedy determination of every proceeding.

§ 5203. Definitions. As used in these rules, except otherwise required by the context: (a) Act. The term Act shall mean the Public Employee- Management Relations Act of Guam. (b) Director. The term Director shall mean the Director of Administration. (c) Party. The term Party shal…

§ 5204. Appearance and Practice Before the Director. (a) Appearance Before The Director. A public employee may appear in his own behalf; an employee organization may be represented by a person or persons duly designated and authorized by the employee organization; and a public em…

§ 5205. Proceedings Before the Board: Filing of Documents. (a) Place Of Filing Documents. All complaints, pleadings, submittals, petitions, reports, exceptions, briefs, memoranda and other papers required to be filed with the Director in any proceeding shall be filed with the Dir…

§ 5206. Same: Computation Of Time. (a) Day Of Act, Event, Default. In computing any period of time prescribed or allowed by these rules or order of the Director, the day of the act, event or default, after which the designated period of time is to run, is not to be included. (b) …

§ 5207. Same: Investigation by Director. (a) Initiation Of Investigation. The Director may at any time institute investigations on its own motion. (b) Notice Of Investigation. The Director shall serve its notice of investigation upon the public employee, employee organization or …

§ 5208. Same: Referral to Other Agencies. C H . 5 - P UBLIC E MPLOYEE - M ANAGEMENT R ELATIONS A CT In any proceeding before the Director, the Director may obtain the assistance or solicit the views of other governmental agencies, employee organizations or public employers or pri…

§ 5209. Same: Record of Proceedings. (a) Official Record. An official reporter shall make the only official recording of such proceeding. (b) Copies Shall Be Provided. Copies of the official recording shall be provided by the Director upon request.

§ 5210. Same: Hearings. (a) Who Shall Conduct. The hearing for the purpose of taking evidence may be conducted by the Director or hearings officer. (b) Nature Of Hearing. The hearing shall be open to the public, unless otherwise provided by the rules, or ordered, for good cause, …

§ 5211. Same: Motions. C H . 5 - P UBLIC E MPLOYEE - M ANAGEMENT R ELATIONS A CT (a) During Hearing. All motions made during a hearing shall be made part of the record of the proceedings. (b) Before or After Hearing. (1) Form; Contents. All motions other than those made during a …

§ 5212. Same: Waiver of Objection. An objection not duly urged before the hearings officer shall be deemed waived unless the failure to urge such objection shall be excused by the Director because of extraordinary circumstances. C H . 5 - P UBLIC E MPLOYEE - M ANAGEMENT R ELATION…

§ 5213. Same: Appearance at Hearings. (a) Appearance. The provisions of 2 GAR § 5204 shall govern appearances at the hearing. (b) Witness. All witnesses shall appear in person and shall be examined under oath or affirmation.

§ 5214. Same: Depositions. (a) Written Application. Upon application and for good cause shown, the Director or hearings officer may permit the parties to take deposition upon oral examination or written interrogatories in the manner prescribed under the Guam Rules of Civil Proced…

§ 5215. Same: Rules of Evidence. (a) Technical Rules. In any proceeding, the Director or hearings officer shall not be bound by technical rules of evidence. (b) Irrelevant, Immaterial, Repetitious Evidence. All irrelevant, immaterial or unduly repetitious evidence shall be exclud…

§ 5216. Same: Contemptuous Conduct. (a) Grounds for Exclusion. Contemptuous conduct at any hearing shall be grounds for exclusion from the hearing. (b) Refusal of Witness to Answer. The refusal of a witness at any such hearing to answer any question which has been ruled to be pro…