Guam Administrative Code

§ 5220. Same: Intervention in Proceeding. (a) Petition to Intervene. In any proceeding other than representation proceedings, petition to intervene and become a party thereto shall submitted in writing to the Director or hearings officer. (b) Contents of Petition. The petition sh…

§ 5221. Same: Stipulation of Fact. (a) Agreed Statement Of Fact. In any proceeding, an agreed statement of facts may be introduced into the record with respect to any issue. (b) Acceptance Of Agreed Statement Of Facts. An agreed statement of facts may be accepted by the Director …

§ 5222. Same: Burden of Proof. The charging party, in asserting a violation of the Act or the rules, shall have the burden of proving the allegations by a preponderance of the evidence.

§ 5223. Same: Argument; Briefs; Proposed Findings . (a) Oral Argument. Any party shall be entitled, upon request made before the close of the hearing, to present oral argument. (b) Briefs; Proposed Findings. Any party shall be entitled, upon request made before the close of the h…

§ 5224. Same: Hearings Officer’s Report and Recommendations. (a) Submission of Recommendations. The hearings officer shall prepare a report setting forth findings of facts, conclusions of law and the reasons therefor, and a recommended order and submit the report of the case to t…

§ 5225. Same: Request for Extension of Time. (a) Form; Filing; Time. A request for extension of time within which to file exceptions or support briefs shall be in writing, filed with the Director at least three (3) working days before the expiration of the required time for filin…

§ 5226. Same: Oral Argument Before the Director. (a) Parties. If a party desires to argue orally before the Director, a written request with reasons therefor shall accompany the exceptions or the support briefs filed and the Director may grant such request. (b) Director. The Dire…

§ 5227. Same: Director’s Action. (a) In the event no statement of exceptions is filed as herein provided, the Director may reverse, modify or adopt the recommendations of the hearings officer. (b) Upon the filing of a statement of exceptions and briefs, the Director may render it…

§ 5228. Same: Unauthorized Ex Parte Communication. (a) Ex Parte Communication. Unauthorized ex parte communications are defined as private communications or arguments with the Director or its hearings officer as to the merits of a proceeding with a view towards influencing the ou…

§ 5229. Same: Adoption, Amendment or Repeal of Rules. (a) Who May Initiate. Any public employee, employee organization, public employer or interested person or organization may petition the Director for the adoption, amendment or repeal of any rule of the Director. (b) Petition. …

§ 5301. Introduction. Section 5108 of this Chapter provides that all elections shall be conducted under the supervision of the Director of Administration and shall be by secret ballot. In implementing this responsibility, the Director of Administration hereby issues those regulat…

§ 5302. Election Conference. (a) Participants. The agency or activity, the petitioner and all intervenors who have complied with 2 GAR § 5207(b) and who wish to appear on the ballot, should meet and attempt to reach an agreement on all election details. Their agreement should be …

§ 5303. Notice of Election. (a) Purpose of the Election. The Notice of Election should advise the employees in the unit that an election is to be conducted to determine whether they desire to be represented on an exclusive basis by a named labor organization under the provisions …

§ 5304. Same: Date. The election should be conducted on a day or days when the maximum number of eligible employees will be at work. For example, days immediately before or after holidays should be avoided, because many employees take leave, whereas paydays customarily result in …

§ 5305. Same: Hours. C H . 5 - P UBLIC E MPLOYEE - M ANAGEMENT R ELATIONS A CT Sufficient time should be provided to give all eligible employees a chance to vote. In single shift operations, early morning hours are desirable. In two-shift operations, the polls should be opened in…

§ 5306. Same: Place. C H . 5 - P UBLIC E MPLOYEE - M ANAGEMENT R ELATIONS A CT The location of voting places should take into consideration the distances to be travelled by employee from their work stations. Easy and convenient access to the polls will produce full participation;…

§ 5307. Same: Payroll Period for Eligibility. The parties should agree on an eligibility date. Employees hired after the fixed eligibility date will be ineligible. An eligibility date should be chosen which will produce the greatest possible participation. The payroll period imme…

§ 5308. Same: Ballot. Three (3) kinds of ballots may be used. Where a single labor organization seeks recognition a “Yes/No” type ballot should be used. Voters are asked “Do you wish to be represented for purposes of exclusive recognition under the provisions of Public Law 9-240 …

§ 5309. Election Procedures. The following procedures and provisions should be utilized the election process: (a) Challenge Ballot. Observers may not challenge the eligibility of voters whose names appear on the eligibility list. (b) Provision for Observers. Each party hereto wil…

§ 5310. Same: Ballots and Ballot Box. (a) Position on the Ballot. The place on the ballot should be agreed upon. If agreement cannot be reached, coin flipping, choice of straws or some other game of chance should be used to decide the issue. In the event the parties refuse to res…

§ 5311. Same: The Count. Agency or activity and labor organization officials should be permitted to attend the count. However, ballots should be handled only by the “observer-in- charge”. See 2 GAR § 5314 below. Where several voting places have been used, all the ballots should b…

§ 5312. Conducting the Election. Voting places should be well lighted, and should contain a table and chairs for the observers, a chair or stand on which to place the ballot box, and voting booths. Booths should be like those used in political elections. The front curtain of the …

§ 5313. Electioneering. No electioneering will be allowed in or near polling places on the day of election. The Director of Administration may remove from the ballot any party violating this rule.

§ 5314. Observer-in-Charge. An agreed upon “observer-in-charge” at a polling place should be the only observer handling ballots or assisting voters. If a voter does not understand the ballot, it should be read to him, and the “observer-in-charge” should point out the physical pos…

§6101. Eligibility . Any employee other than those in the unclassified service of the Government and those serving as members of the Incentive Award Board shall be eligible for cash or honorary awards under this program.

§6101 Contract Clauses and their Administration. (1) Introduction. The following contract clauses are available for use in supply and service contracts at the discretion of the Chief Procurement Officer, or the head of a Purchasing Agency, or the designee of either officer in acc…

§6102. Incentive Award Board . The Incentive Award Board shall meet in regular session at least once a month or at the call of the chairman. A majority of the members of the Board shall constitute a quorum for transacting business; provided, however, that a unanimous vote of the …

§6103. Report. The Board shall prepare each year an annual report to the Governor covering the preceding fiscal year, pursuant to 4 GCA §1109. This report shall include: (a) Information concerning suggestions approved for monetary and commendatory awards. (b) Measurable savings t…

§6104. Beneficial Suggestion. (a) A beneficial suggestion is a constructive idea, conceived and developed by an employee or group of employees and submitted to the Incentive Award Board for evaluation and award consideration based on tangible and/or for evaluation and award consi…

§6201. Purpose. The Administrative Internship Program is designed to encourage college students to seek careers in government service by offering them work experience during their college years and by exposing them to the actual functions of government agencies and departments. O…

§6202. Qualifications and Requirements. An intern must: (a) Be a U.S. citizen and a permanent resident of Guam. (b) Be a full-time college Junior with a minimum of 60 credit hours (Administrative Aide I); Senior with a minimum of 90 credit hours or graduate students (Administrati…

§6203. Coordination Between Training and Development Division and Assigned Agency or Department . Training and development shall coordinate closely ART. 2 - ADMINISTRATIVE INTERNSHIP PROGRAM - 1997 - P. 6 with the department or agency head regarding intern's assignment, attendanc…

§6204. Intern's Jobs to Be Commensurate With Their Education and Experience. Interns must be assigned jobs commensurate with their education and experience. Major study should be considered for departmental placement. [3]

§6205. Outline of Intern's Duties and Responsibilities . Department or agency, with an assigned intern, shall provide Training and Development an outline of the intern's duties and responsibilities.

§6206. Intern's Work Schedule . Immediate supervisors shall prepare a work schedule with coincides with Intern's class schedule, and shall furnish a copy to Training and Development Division.

§6207. Time Sheet. Time sheet, filled in by the Intern and approved by the supervisor, must be turned in by 4 P.M. Friday before Pay Day to Training and Development Division. Time sheets may be obtained at the same division. [6]

§6208. Meetings . A meeting of all Interns shall be held occasionally to determine the effectiveness of the program.

§6209. Intern's Assignment to Other Departments . Intern's assignment to other departments shall be on a rotational basis and shall take place during the first week of each semester.

§6210. AIP Evaluation Forms . At end of each school year, AIP evaluation forms shall be filled in by all Interns and returned to Training and Development Division.

§6211. Policies and Procedures . Director of Administration may formulate additional policies and procedures governing the Administrative Internship Program. ART. 3 - JUNIOR EXECUTIVE TRAINING PROGRAM - 1997 - P. 7 Article 3 Junior Executive Training Program (J.E.T.)

§6301. Purpose . The Junior Executive Training Program (J.E.T.) is designed to enable employees with supervisory potentials to upgrade and further develop themselves through a broader knowledge and understanding of managerial and supervisory responsibilities.

§6302. Nomination of Employees by Department and Agency Heads. Department and agency heads shall nominate not more than three (3) employees who have demonstrated outstanding ability and supervisory capability.

§6303. Eligibility. To be eligible' an employee with permanent employment status must be a high school graduate or have passed the General Education Development (G.E.D.) test.

§6304. Entrance Placement Test . Each employee must take the Entrance Placement Test to be administered by the ART. 3 - JUNIOR EXECUTIVE TRAINING PROGRAM - 1997 - P. 8 University of Guam, before being considered by the Selection Committee herein created.

§6305. Selection Committee . The Selection Committee shall consist of the Director of Administration as Chairman, Director of Education, and the President of the University of Guam.

§6306. Recommendation to The Governor . The Selection Committee shall recommend to the Governor for his approval, twenty (20) or twenty-five (25) employees who have taken the test and fulfilled the academic requirements set forth by the University of Guam.

§6307. Full-Time Enrollment in a Nine Month Program. Selected employees shall become full-time enrollees in the program for a period of nine (9) months.