Title 5 — Government Operations

This Chapter may be cited as the Department of Administration Law. SOURCE: GC § 6000 repealed and reenacted by P.L. 11-219 (Jan. 17, 1973). COMMENT: The word act in P.L. 11-219 changed by Compiler of Laws to conform the usages of the Guam Code Annotated.

[Repealed.] SOURCE: Added by P.L. 28-151:3 (Oct. 31, 2006). Repealed by P.L. 29-004:16 (Sept. 6, 2007). NOTE: This section was added by P.L. 28-151 in relation to the authorization of the Governor to make COLA payments pursuant to Rios v. Camacho, Superior Court Case No. SP0206-9…

[Repealed.] SOURCE: Added by P.L. 28-151:4 (Oct. 31, 2006). Repealed by P.L. 29-004:17 (Sept. 6, 2007). NOTE: This section was added by P.L. 28-151 in relation to the authorization of the Governor to make COLA payments pursuant to Rios v. Camacho, Superior Court Case No. SP0206-9…

(a) Director means the Director of Administration. (b) Department means the Department of Administration SOURCE: GC § 6001 renumbered from § 54151 by P.L. 11-219 (Jan. 17, 1973).

Except as otherwise specifically provided, the Department does hereby assume all the powers, duties and responsibilities of the Department of Finance as set out in this Title and the Department of Labor and Personnel as set out in Title 4 Guam Code Annotated. The Department shall…

All references in this Code to the Department of Finance shall mean and be read as Department of Administration and all references therein to the Director of Finance shall mean and be read as Director of Administration. All references in Title 4 of this Code to the Department of …

(a) The Director may establish such divisions or other organizational units as he may determine to be necessary for the efficient and effective administration and operation of the Department. Each such division or organizational unit shall be subject to the supervision and direct…

As head of the Department, the Director (a) shall administer the Department; (b) shall exercise and discharge the powers and duties of the Department through such divisions or other organizational units as he may establish pursuant to this Division or as otherwise provided by law…

Upon the transfer of functions as provided in this Law, all contracts, books, records, papers, maps, plans, documents, property and pending business heretofore made, used and acquired or conducted by the Departments of Labor and Personnel and Finance in the exercise of the functi…

[Repealed.] SOURCE: GC § 6008 renumbered from § 54158 by P.L. 11-219 (Jan. 17, 1973). Repealed by P.L. 28-068:IV:43 (Sept. 30, 2005), effective January 1, 2006.

This Chapter shall take effect upon its passage and approval, but in order that there be no interruption of the administrative business of the government, the Governor may, for a period of not to exceed six months, postpone the actual transfer of all or a portion of the functions…

The Director of Administration, notwithstanding any other provision of law, is authorized and directed to collect the following fees for the furnishing of certified, authenticated, or photocopied copies of records, documents, receipts, or other papers: Copy of filed income tax re…

(a) Payroll Deduction. The government of Guam may provide payroll deduction services to employees of the government as requested by an employee; however, if payroll deduction services are provided for payment to one of a class of businesses, it must be provided for payment to all…

This Article shall be cited as the Educational Personnel Development and Training Act. Its purpose is to improve the ability of officers and employees of Department of Education, Guam Community College, and University of Guam to perform the duties to which they have been assigned…

The Director of Administration, hereinafter referred to as the “Director” shall establish and administer effective training and development programs for the employees of departments and agencies of the government of Guam except for those departments and agencies who are exempted …

The Director shall, with due regard to the functions and mandates of the agencies concerned, provide training for skills enhancement and job advancement of employees in certain departments and agencies; provide training facilities and logistical support for government-wide employ…

Directors of the various government of Guam departments and line agencies and boards of directors of autonomous instrumentalities and public corporations shall budget for and finance the annual cost of continuing education for accounting personnel employed by such departments, an…

The Director shall make such rules and regulations as are necessary or proper to effectuate the purpose and intent of this Article.

University of Guam. The heads of the Department of Education, Guam Community College, and University of Guam are hereby granted the opportunity and option to coordinate, fund, and administer any specialized or professional training needs of the employees in their respective depar…

As used in this Chapter, unless the context otherwise requires: (a) Director means the Director of the Department of Commerce of the government of Guam. (b) Person means an individual, corporation, government, or governmental subdivision or agency, business trust, estate, trust, …

The owner of a patent, copyright, or trademark registered with the United States Patent and Trademark Office, who desires to register it in Guam, may do so by complying with the following provisions: (a) By supplying a certified copy of the United States Registration of such pate…

Patents, copyrights or trademarks renewed in the United States Patent and Trademark Office must likewise be renewed with the government of Guam, and the procedure as set forth in § 20402 of this Chapter is required for such renewal, with the addition that a certified copy of the …

When other than the owner of a patent, copyright or trademark applies for registration or renewal of the same, documentary evidence satisfactory to the Director setting forth the right of the applicant to such registration or renewal must be furnished prior to the granting of the…

(a) Any person desiring to register any print, label or trademark intended to be attached or applied to goods or manufactured articles or to bottles, boxes or package containing the goods or manufactured articles to indicate the name of the manufacturer and any person desiring to…

Unless otherwise provided in this Act, the filing of an application as provided in § 20405 shall remain in full force and effect for a period of five (5) years. SOURCE: GC § 6405 added by P.L. 23-062:3 (Dec. 5, 1995). Renumbered by the Compiler.

Upon receiving the application accompanied by the fee, the Director shall cause the print, label, trademark, service mark or tradename to be filed with the Department of Commerce and shall issue to the regulations as may be necessary to carry out the purposes of this section in a…

(a) Any person who signs and certifies as correct any application filed pursuant to this Chapter, knowing the same to be false in any material particular, shall be fined not more than Thirty Thousand Dollars ($30,000). (b) Any person who negligently, but without intent to defraud…

Used. It shall be unlawful for any person to adopt or use a print, label, trademarks, service mark or tradename which is identical to or confusingly similar with any registered print, label, trademark, service mark or tradename or the name of any person. SOURCE: GC § 6408 added b…

(a) Any person using such identical or similar print, label, trademark, service mark, or tradename as set forth in Section [20409], shall be fined not less than Ten Thousand Dollars ($10,000). (b) The Superior Court of Guam shall have the power to grant injunctions, according to …

(a) If any print, label, trademark, service mark, or tradename is not used by the registrant in accordance with the declaration either in Guam or elsewhere in the United States for a period exceeding three hundred and sixty-five (365) consecutive days, and the print, label, servi…

(a) This Chapter is applicable to all registrations filed with the Office of the Director of the Department of Commerce; the intent hereof being that all prints, labels, trademarks, service marks, or tradenames not used by the applicant in the Territory of Guam or elsewhere in th…

(a) Any person claiming to be the owner of a print, label, service mark, trademark, or tradename for which a Guam certificate of registration pursuant to this Chapter has been issued to any other person shall file a verified petition in the Office of the Director of the Departmen…

Any person aggrieved by any action of the Director under this Chapter in issuing a Guam certificate of registration of a print, label, trademark, service mark, or tradename or in revoking any such certificate of registration or in denying an application may, within thirty (30) da…

The Department of Administration is hereby designated as the State Agency for the purpose of § 203(j) of the Federal Property and Administrative Services Act of 1949, as amended (40 U.S.C. 484(j)) (hereinafter referred to as the Federal Act.) SOURCE: GC § 6200; added by P.L. 11-2…

The Director is authorized and empowered to (a) acquire from the United States of America such property as is allocated to the Department pursuant to the Federal Act, (b) to warehouse such property, and (c) to distribute such property to those entities and institutions which meet…

Subject to the provisions of the Administrative Adjudication Law, the Director may prescribe such rules and regulations as may be necessary for the efficient administration of this Article or as may be required by Federal laws and regulations. SOURCE: GC § 6203 added by P.L. 11-2…

The Director may make the necessary certifications, undertake such action, and make such reports as may be required by Federal law or regulations or which may otherwise be necessary to provide for the efficient administration of this Article. SOURCE: GC § 6204 added by P.L. 11-21…

The Director may enter into contracts and other agreements for and on behalf of Guam, including the cooperative agreements within the purview of § 203(n) of the Federal Act (40 U.S.C. 484(n)) with Federal agencies, as well as agreements with other SASP or groups and associations …

The Director may, subject to the availability of funds in the Special Surplus Property Fund provided for by § 20511 of this Article, acquire and hold title to real property, make capital improvements thereto, and make advance payments of rent for distribution centers, office spac…

The Director is authorized and empowered to appoint advisory board or committees, and to appoint, under the government of Guam Personnel Law and Compensation Law (Title 4 of this Code), subject to such additional standards as may be required by the United States Department of Hea…

The Director is authorized and empowered to act as a clearinghouse for information for the entities and institutions which may be eligible to acquire Federal surplus property, and to assist, as necessary, such entities and institutions in obtaining such property. SOURCE: GC § 620…

The Director shall, consistent with the provisions of this Article, cooperate to the fullest extent with the departments or agencies of the United States of America, file a Guam plan of operation approved by the Governor, operate in accordance therewith, and take such action as m…

The Director may delegate to any employees of the Department such power and authority as he deems reasonable and proper for the effective administration of this Article. SOURCE: GC § 6210 added by P.L. 11-219 (Jan. 17, 1973).

The Director may assess a service and handling charge or fee for the acquisition, warehousing, distribution, or transfer of any Federal surplus property, within limits established by Federal law, which charge or fee shall be limited to that reasonably related to the costs of care…

(a) There is hereby established a fund to be known as the Special Surplus Property Fund, which shall be maintained separate and apart from any other funds from the government of Guam, and independent records and accounts thereof shall be established in connection therewith. The C…

There is hereby authorized to be appropriated to the Special Fund such sums as may be necessary to carry out the provisions of this article. SOURCE: GC § 6213 added by P.L. 11-219 (Jan. 17, 1973). ARTICLE 6 RECORDS MANAGEMENT ACT

This Article shall be known as the Records Management Act. SOURCE: GC § 6700.

Unless the context otherwise requires, the definitions set forth in this Section govern the construction of this Article. (a) Records means document, book, paper, photograph, sound recording, or other material, regardless of physical form or characteristic, made or received pursu…

The Director of Administration, hereinafter referred to as the Director, shall establish and administer in the Executive Branch a record management program, which will apply efficient and economical management methods to the creation, utilization, maintenance, retention, preserva…

The Director shall, with due regard for the functions of the agencies concerned: (a) Establish standards, procedures, and techniques for effective management of records; (b) Make continuing surveys of paper work operations and recommend improvement sin current records management …