Guam Administrative Code

§ 41631. Amended or Supplemental Orders. At any time before the matter is submitted for a decision, DPHSS may file or permit the filing of amended or supplemental orders. All parties shall be notified if this occurs. If the amended or supplemental orders present new charges, DPHS…

§ 41632. Time and Place of Hearing. The time and place of the hearing shall be as stated on the order to show cause. 26 G AR – P UBLIC H EALTH & S OCIAL S ERVICES D IV . 1 – D IRECTOR OF P UBLIC H EALTH & S OCIAL S ERVICES C H . 4 P UBLIC H EALTH AND S ANITATION 324

§ 41633. Order to Show Cause Form. The order to show cause shall be in substantially the following form, but may include any other information and the charges: 26 G AR – P UBLIC H EALTH & S OCIAL S ERVICES D IV . 1 – D IRECTOR OF P UBLIC H EALTH & S OCIAL S ERVICES C H . 4 P UBLI…

§ 41634. Subpoena. Before the hearing has commenced, DPHSS shall issue subpoena and subpoena duces tecum at the request of any party in accordance with the provisions of Section 1985 of the Code of Civil Procedure. After the hearing has commenced, the Director or hearing officer …

§ 41635. Depositions. Upon the verified petition of any patty, DPHSS may order that the testimony of any material witness residing within or outside the island of Guam be taken by deposition in the manner prescribed by law for depositions in civil actions. The petition shall set …

§ 41636. Power to Administer Oaths and Affirmations by DPHSS. In any proceedings under the order to show cause or any other hearing provided for by the Act, the Director of the Department of Public Health and Social Services, or any of his duly authorized representatives, have th…

§ 41637. Hearing Officer. A hearing officer shall preside over every hearing in a contested case. Said person shall be an attorney and may be an attorney in the full time service of the government. DPHSS may request the Attorney General of Guam to assign a member of his staff as …

§ 41638. Disqualification. A hearing officer or member of DPHSS shall voluntarily disqualify himself and withdraw from any case in which he cannot accord a fair and impartial hearing or consideration. Any party may request the disqualification of any hearing officer or member of …

§ 41639. Granting of Continuance. DPHSS may grant continuances at any stage of the proceeding, the need of which shall be determined by the hearing officer.

§ 41640. Evidences and Witnesses. Oral evidence shall be taken only upon oath or affirmation. Each party shall have the right to call and examine witnesses, to introduce exhibits, to cross-examine opposing witnesses on any matter relevant to the issues even though the matter was …

§ 41641. Admission of Relevant Evidence. This hearing need not be conducted according to the rules relating to evidence and witnesses. Any relevant evidence shall be admitted if it is evidence which responsible persons are accustomed to rely upon in the conduct of serious affairs…

§ 41642. Matter not covered in Administrative Adjudication Law and Uniform Controlled Substances Act. Any matter not covered by these rules and regulations, the Administrative Adjudication Law or by the Uniform Controlled Substances Act, shall be decided by the agency or hearing …

§ 41643. Security Requirements Generally 26 G AR – P UBLIC H EALTH & S OCIAL S ERVICES D IV . 1 – D IRECTOR OF P UBLIC H EALTH & S OCIAL S ERVICES C H . 4 P UBLIC H EALTH AND S ANITATION 329 (a) All applicants and registrants shall provide effective controls and procedures to det…

§ 41644. Physical Security for all Registrants. Persons registered under this Act shall maintain security in conformance with the security requirements of Federal law and accordance to other requirements stated in these rules.

§ 41645. Security for Pharmacies. All pharmacies dispensing controlled substances in Schedules II through N shall be equipped with an alarm within its premises which shall transmit a signal directly to a central station protection company or the Guam Police Department, or a 24-ho…

§ 41646. Increase in Security Requirements. (a) In evaluating the overall security system of a registrant, 26 G AR – P UBLIC H EALTH & S OCIAL S ERVICES D IV . 1 – D IRECTOR OF P UBLIC H EALTH & S OCIAL S ERVICES C H . 4 P UBLIC H EALTH AND S ANITATION 330 DPHSS may consider, but…

§ 41647. Inspection: How often, Authority, and Consent. (a) DPHSS may make administrative inspections of registered establishments or activity based upon administrative probable cause. Such warrant shall be issued upon the affidavit of duly authorized persons and sworn to before …

§ 41648. Prescription Information. All prescriptions for controlled substances shall provide the information mandated by Federal law and any other requirements stated elsewhere in these rules and the Act.

§ 41649. Printing and Signing of Prescription. Where an oral order is not permitted, prescriptions shall be written with ink or indelible pencil, typewriter, or printed on a computer printer and shall be manually signed by the practitioner and dated as of, and signed on, the day …

§ 41649.1. Electronic Transmission of Prescriptions of Controlled Substances. (a) Except as otherwise prohibited by law, prescriptions of controlled substances may be transmitted by electronic means from the prescriber to the pharmacy. (b) Electronic transmission shall be as defi…

§ 41650. Identification. Upon receipt of a prescription for controlled substance, a pharmacist must verify the identification of that person to whom the prescription is written for by examining valid and current picture identification. Valid and current picture identification sha…

§ 41651. Submitting of Prescription by Third Party. In the event a prescription for controlled substance is brought to a pharmacy by an individual other than the person the prescription is written for,. the pharmacist shall verify the identification of that individual before the …

§ 41652. Acquisition of Signature. Prior to the actual dispensing of a controlled substance, a pharmacist must obtain a signature of the individual submitting a prescription for controlled substances listed in Schedules II, III, and IV. The signature shall be written on the back …

§ 41653. Effective Date. These rules shall be effective after ninety (90) calendar days have elapsed from the dated of filing with the Legislative Secretary. At that time, all other rules and regulations or parts of 26 G AR – P UBLIC H EALTH & S OCIAL S ERVICES D IV . 1 – D IRECT…

§ 41654. Separability. If any provision or application of any provision of these rules are held invalid, that invalidity shall not affect the other provisions or applications of these rules. ------- A RTICLE 17 T EMPORARY W ORKFORCE H OUSING R EGULATIONS SOURCE: Added by PL 33-02…

§ 41701. Short Title. These rules and regulations may also be known and cited as the “Temporary Workforce Housing Regulations.”

§ 41702. Authority. Title 10, Guam Code Annotated, Chapter 26A, § 26A108 authorizes the Director to establish rules and regulations to conduct inspections of temporary workforce housing and carry out other provisions of Chapter 26.

§ 41703. Purpose. The purpose of these rules and regulations is to protect and promote the health and safety of occupants in a temporary workforce housing and those who may reside in the immediate vicinity of such premises.

§ 41704. Definitions. (a) Change of temporary workforce housing status shall mean any significant variances to temporary workforce housing in relation to the most recent prior inspection. (b) Division of Environmental Health or DEH shall mean the Division of the DPHSS established…

§ 41705. Requirements to Obtain and Apply for a Workers’ Dormitory Permit. (a) No person shall directly or indirectly in any manner conduct, control, manage, maintain, or operate a dormitory unless a valid Workers’ Dormitory Permit issued by the Department to operate such a facil…

§ 41706. Requirements to Obtain and Maintain a Sanitary Permit. (a) If upon inspection the Director is satisfied that the establishment meets the minimum requirements of these rules and regulations as the Director may prescribe and a Workers’ Dormitory Permit is issued, a non-tra…

§ 41707. Maximum Occupancy. The maximum capacity for Temporary Workforce Housing shall be based on: (a) the square footage of the housing facility; and (b) the number of bathing, hand washing, laundry, and toilet facilities.

§ 41708. Location and Premises. (a) Facility sites used for a dormitory shall be adequately drained. They shall not be subject for periodic flooding, nor 26 G AR – P UBLIC H EALTH & S OCIAL S ERVICES D IV . 1 – D IRECTOR OF P UBLIC H EALTH & S OCIAL S ERVICES C H . 4 P UBLIC H EA…

§ 41709. Shelter. (a) Every shelter in the dormitory shall be constructed in a manner which will provide protection against the elements. (b) Each room used for sleeping purposes shall contain at least fifty (50) square feet of superficial floor area for each occupant. At least a…

§ 41710. Water Supply. (a) An adequate supply of potable water from an approved source and under pressure shall be provided at all times in each dormitory for drinking, cooking, bathing and laundry purposes. (b) Drinking water dispensed by means of drinking fountains, cups, and w…

§ 41711. Toilet Facilities. (a) Toilet facilities shall be of adequate capacity based on latest applicable codes. (b) Each toilet shall be located so as to be accessible without any individual passing through any sleeping room. Toilet rooms shall have windows not less than six (6…

§ 41712. Sewage Disposal. An approved sewage disposal system which is located, constructed, and operated in conformance with the standards established for such systems by the Guam Environmental Protection Agency and the Guam Waterworks Authority.

§ 41713. Laundry, Hand-Washing, Bathing and Cleaning Facilities. (a) Laundry, hand-washing, bathing, and cleaning facilities shall be provided in the following ratio: (1) one (1) lavatory to each ten (10) persons in shared facilities; (2) one (1) shower head to each eight (8) per…

§ 41714. Lighting. (a) Each habitable room in a dormitory shall be provided with at least one (1) ceiling-type light fixture and at least one (1) separate floor - or wall-type convenience outlet. (b) Laundry and toilet rooms and rooms where people congregate shall contain at leas…

§ 41715. Refuse Disposal. (a) All refuse shall be disposed of as often as necessary and in such a manner as to prevent a public health nuisance. (b) Fly-tight, rodent-tight, impervious and easily cleanable containers shall be provided for the storage of garbage and rubbish. (c) R…

§ 41716. Construction and Operation of Kitchen, Dining Halls, and Feeding Facilities. (a) In a dormitory where central dining or feeding operations are permitted and provided, adequate facilities and proper methods for the preparation, serving, refrigeration, and storage of food …

§ 41717. Insect and Rodent Control. (a) Effective measures shall be taken to prevent infestation by and harborage of animal or insect vectors or pests. (b) Every door opening directly to outdoor space shall be equipped with a self-closing device for protection against mosquitoes,…

§ 41718. Safety and First Aid. (a) Approved first aid supplies shall be provided and be accessible at all times. The supplies shall be equivalent to the sixteen (16) unit first aid kit recommended by the American Red Cross, and shall be provided in the ratio of one (1) to each fi…

§ 41719. Animals and Poultry. No cats, dogs, livestock, or poultry shall be permitted in the dormitory, kitchen, dining or other buildings used for housing purposes.

§ 41720. Reporting of Communicable Disease. (a) It is the duty of the owner or operator to report immediately to the Department the name and address of any individual in the facility known to have or suspected of having a communicable disease. (b) Whenever there occurs in any tem…

§ 41721. Compliance. (a) All new temporary workforce housing shall be in compliance with these rules and regulations. The owner shall designate a responsible employee to manage the daily operations of the establishment. (b) All temporary workforce housing shall comply with these …

§ 41722. Inspections. (a) Sanitary Inspections, Phases: For the purposes of sanitary regulation, and pursuant to Title 10 GCA, Chapter 26A, permitting of temporary workforce housing shall be required during each of the following phases: (1) Primary Inspection Phase (A) During the…