Guam Administrative Code

§11102. Purpose. These Regulations shall be interpreted liberally to achieve the purpose of encouraging the development of effective and economical methods for making legal service plans available to the people of Guam; and to protect the interests of the public as consumers of l…

§11103. Definitions. (a) Legal Service Benefit Organization (LSBO) or organization means any person or group of persons authorized by this statute to provide or offer a legal service plan or plans. (b) Legal Service Plan means a contract between an enrollee or group of enrollees …

§11104. Exemptions. These Regulations shall not apply to: (a) Retainer contracts made by an attorney with individual clients with fees based upon an estimate of the nature and amount of services to be provided to a specific client and similar contracts made with a group of client…

§11105. Establishment of Legal Services Organizations . (a) Any person may apply to the Director of Revenue and Taxation to obtain a Certificate of Authority to establish and operate a Legal Service Benefit Organization in compliance with these Regulations. (b) No person shall se…

§11106. Certificate of Authority . (a) The Director of Revenue and Taxation shall issue to any person filing an application, within 30 days of the filing, a Certificate of Authority; or (b) The Director of Revenue and Taxation may refuse to issue a Certificate of Authority, if he…

§11107. Working Capital and Reserves. (a) The Legal Service Benefit Organization must have and maintain minimum working capital of two hundred and fifty thousand dollars ($250,000.00). If it is shown in the application or in the annual report that an organization's working capita…

§11108. Powers of a Legal Service Benefit Organization. The powers of a holder of a Certificate of Authority issued pursuant to Section 6 shall, in addition to any other powers conferred by the law under which the legal services benefit organization is organized, include the foll…

§11109. Contract Forms. (a) All forms of contracts issued by the organization to enrollees and marketing documents purporting to describe the organization's Legal Service Plan shall contain: (1) A complete description of the legal services to which the enrollee is entitled, inclu…

§11110. Annual Report. (a) All Legal Service Benefit Organizations subject to these regulations shall annually, on or before the date when the Legal Service Benefit Organization's Certificate of Authority expires, file a report with the Director of Revenue and Taxation, verified …

§11111. Complaint System. Every Legal Service Benefit Organization shall establish and maintain a complaint system, which has been approved by the Director of Revenue and Taxation, to provide reasonable procedures for the resolution of complaints initiated by enrollees concerning…

§11112. Prohibited Practices. (a) No Legal Service Benefit Organization, or representative thereof, may cause or knowingly permit the use of advertising or solicitation which is false, fraudulent, misleading or deceptive or any form of evidence of coverage which is deceptive for …

§11113. Regulation of Sales. (a) It shall be unlawful for any person to do or perform any act in Guam as a Sales Representative of a Legal Service Benefit Organization, or to hold himself out as such, without holding a valid license issued by the Director of Revenue and Taxation …

§11114. Examinations . (a) The Director of Revenue and Taxation may conduct periodic examination of the operations of any Legal Service Benefit Organization. Such examination shall include, but not be limited to, all contracts, agreements and arrangements for the operation of the…

§11115. Administrative Findings and Sanctions. (a) The Director of Revenue and Taxation, consistent with the provisions of Guam Administrative Adjudication Law may initiate proceedings to determine if a Legal Service Benefit Organization has: (1) Operated in a manner that materia…

§11116. Fees . Every organization subject to this Act shall pay to the Department of Revenue and Taxation the following fees: (1) For filing a copy of its application for a Certificate of Authority or Amendment thereto, $75,000. (2) For filing an annual report pursuant to Section…

§ 12101. Purpose. These regulations apply to tow truck businesses and tow truck drivers. They have been promulgated by the Department of Revenue and Taxation in order to implement and carry out the provisions of 16 GCA

§ 12102. Definitions. (a) The definitions found in 16 GCA § 12101 (Public Law 23- 144:3) apply to these regulations. (b) Holiday means those days designated as holidays or public holidays by the Guam Legislature. (c) Legal owner has the same meaning as is stated in 16 GCA § 1102(…

§ 12103. Certificates of Inspection. A tow truck business must obtain a certificate of inspection from the Department of Revenue and Taxation for every tow truck used for tow truck services. The certificate of inspection must be carried in the tow truck at all times. The Departme…

§ 12104. Classification of Tow Trucks. Each tow truck used by a tow truck business shall be classified according to the amount of weight the tow truck is authorized to tow. The certificate of inspection shall state the classification for each tow truck. Tow trucks shall be classi…

§ 12105. Class-A Tow Truck. (a) A Class-A tow truck shall have equipment adequate to tow a load weighing up to 8,000 pounds. (b) A wrecker-type Class-A tow truck shall have the following truck specifications: (1) a gross vehicle weight rating of not less than 10,000 pounds; (2) a…

§ 12106. Class-B Tow Truck. (a) A Class-B tow truck shall have equipment adequate to tow a load weighing up to 12,000 pounds. If a Class-B tow truck renders services which a Class-A tow truck is authorized to perform, the Class-B tow truck must charge the same fee charged for tow…

§ 12107. Class-C Tow Truck. (a) A Class-C tow truck shall have equipment adequate to tow a load weighing up to 25,000 pounds. If a Class-C tow truck renders services which a Class-A tow truck is authorized to perform, the Class-C tow truck must use equipment which meets the Class…

§ 12108. Class-D Tow Truck. (a) A Class-D tow truck shall have equipment adequate to tow a load weighing more than 25,000 pounds. If a Class-D tow truck renders services which a Class-A tow truck is authorized to perform, the Class-D tow truck must use equipment which meets the C…

§ 12109. Transition to New Requirements. This section 12109 applies to sections 12105, 12106, 12107 and 12108. Any tow truck and tow truck equipment, which is already being used by a tow truck business on the date that these regulations go into effect and which met the previously…

§ 12110. Tow Truck Standards. (a) The standards for each class of tow truck shall be determined solely by the manufacturer’s specifications for the capabilities of the tow truck and all tow truck equipment. The gross vehicle weight rating shall be painted on the doors of the tow …

§ 12111. Towing Damaged or Disabled Vehicles. The following requirements apply to the towing of damaged or disabled vehicles: (a) Except as provided in subsection (c) below, either the front wheels or the rear wheels of the vehicle being towed shall be clear of the highway. (b) T…

§ 12112. Use of a Dolly or Other Wheeled Auxiliary Device. (a) No vehicle shall be transported on a dolly or other wheeled auxiliary device, except when the dolly or other device is specifically designed for towing damaged or disabled vehicles. (b) No dolly or other wheeled auxil…

§ 12113. Disconnecting the Drive Line. A person performing a tow truck service may disconnect or remove the drive line of a vehicle to be towed when it is necessary to prevent damage to the vehicle or the vehicle cannot be towed by lifting the rear end.

§ 12114. Safety Considerations. (a) A tow truck business is not obligated to tow vehicles when in the reasonable judgment of the person who is to perform a tow truck service, the weather or road conditions make it unsafe to do so. (b) No person, other than an employee of the tow …

§ 12115. Safety Equipment. All tow trucks must have the following equipment which must be in good working order: (a) front and rear flashing amber lights which must be in operation whenever a tow truck is performing a tow truck service; (b) a vehicle in tow must have flashing eme…

§ 12116. Altered, Mutilated or Missing Vehicle Identification Numbers (VIN). When any person employed by a tow truck business learns that a vehicle in the custody of the business has an altered, mutilated or missing VIN, an agent of the business must immediately notify the Guam P…

§ 12117. Storage Facilities. (a) Every tow truck business must have a secure facility for the storage of vehicles which the tow truck business has taken into its custody. The facility may be either a fenced and lighted area or a completely enclosed structure. (1) If the facility …

§ 12118. Impounded Vehicles. (a) If a vehicle has been impounded by a law enforcement agency and entrusted to the custody of a tow truck business, the tow truck business must obtain a written authorization from the law enforcement agency before releasing the vehicle to any person…

§ 12119. Owner Inspection. Except as provided in subsections 12118(a) and (b), the owner of a vehicle or the owner’s agent shall have the right, without charge, to inspect the vehicle and to remove personal property from the vehicle, including proof of ownership of the vehicle, f…

§ 12120. Stolen Vehicles. A tow truck business shall release a stolen vehicle to the owner of the vehicle without charge to the owner (See 16 GCA § 12104(2)). A copy of a stolen vehicle report filed with the Guam Police Department shall be sufficient proof that the vehicle was st…

§ 12121. Disposal of Vehicles. A tow truck business shall not dispose of an unclaimed vehicle or any parts from an unclaimed vehicle except as provided by law, including 18 GCA §§ 39105, 39106 & 39107; 16 GCA § 3606; 16 GCA

§ 12122. Notice to Legal Owner. Whenever a tow truck business is required to provide notice to the owner or registered owner of a vehicle or to the Director, the tow truck business shall send a copy of such notice by certified mail to the legal owner of the vehicle within the sam…

§ 12123. Maximum Fees for Specified Tow Truck Services. (a) This section states the maximum fees a tow truck business may charge for tow truck services performed in response to a peace officer dispatch call, a Motor Vehicle Division call and any other call when the owner of the v…

§ 12124. Maximum Fees for Storage of Specified Vehicles. (a) This section states the maximum fees a tow truck business may charge for the storage of vehicles stored as a result of a peace officer dispatch call, a Motor Vehicle Division call and any other call when the owner of th…

§ 12125. Other Fees. (a) A tow truck business may charge a reasonable fee to prevent perishable goods contained in a towed vehicle from spoiling. (b) If a tow truck business uses the services of the Motor Vehicle Division of the Department of Revenue and Taxation or a motor vehic…

§ 12126. Enforcement. Officials from the Department of Revenue and Taxation shall, at any reasonable time, be allowed to inspect the tow trucks and the storage facilities of a tow truck business to insure compliance with the law and with these regulations.

§ 12127. Liability. These regulations are not intended to limit the liability of a tow truck business for performing tow truck services and for storing vehicles.

§ 12128. Penalties. (a) Any violation of these regulations shall be grounds for the suspension or termination of the business license of a tow truck business. In addition, the failure of a tow truck business to meet the requirements of section 12117, regarding storage facilities,…

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§ 107.805 of this chapter: (1i Current copies of those portions of this subchapter applicable to its cyl- inder requalification and marking· ac- tivities at that location: 330 Pipeline and Hazardous Materials Safety Admin., DOT § 180.215 (5} Current copies of all special per- mit…

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§178.320. §178.345. or §178.338-1 of this subchapter, as applicable. Stf'etching means any change in length, width or diameter of tJ1e carg·o tank, or any change to a cargo t.ank motor vehicle's und.ercart'iage that may affect the capg·o tank's struetural integrity. [Amdt. 18{}-2…