16 chapters · 161 sections in this title.
2 GCA § 5101 Legislative Finding and Intent
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The Legislature finds that government bureaucracies have a tendency to serve group needs and forget individual needs. In today's system of government, the individual citizen with a problem often does not know where to start nor to whom to seek to solve his problem. Elected repres…
2 GCA § 5102 Definitions
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As used in this Chapter: (a) Agency means any department, organization, board, commission, council, institution or other governmental entity of the government of Guam, and any official, officer, employee or member thereof acting or purporting to act by reason of his connection wi…
2 GCA § 5103 Creation of Office
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The Office of the Suruhanu is created. SOURCE: GC § 1427. Added by P.L. 14-99; renumbered by P.L. 15-83.
2 GCA § 5104 Qualifications
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(a) The Suruhanu shall be a person of recognized judgment, objectivity and integrity who is well equipped to analyze problems of law, administration and public policy. (b) No person while serving as Suruhanu: (1) shall be actively involved in political party activities; (2) shall…
2 GCA § 5105 Election of Suruhanu
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The Legislature shall elect the Suruhanu by a two-thirds (2/3) vote of the membership. SOURCE: GC § 1428. Added by P.L. 14-99; renumbered by P.L. 15-83.
2 GCA § 5106 Certificates of Appointment
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Immediately after declaring the results of any election, the Legislative Secretary shall cause to be prepared Acertificates of appointment.@ The form of such certificate shall be prescribed by the Legislative Secretary and shall contain the essential facts of the appointment. The…
2 GCA § 5107 Term of Office
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COL120106 (a) The Suruhanu shall serve for a term of six (6) years commencing at 12 o'clock noon on April 1 of the year he takes office. He may be reappointed for additional terms. SOURCE: GC § 1430. Added by P.L. 14-99; renumbered by P.L. 15-83.
2 GCA § 5108 Removal and Vacancy
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(a) Qualified voters of Guam may initiate a petition for the removal of the Suruhanu by presenting a petition to the Election Commission signed by voters equal in number to ten percent (10%) of all votes counted for all candidates for the Governor at the last preceding general el…
2 GCA § 5109 Suruhanu, Salary of
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The salary of the Suruhanu shall be established by a majority vote of the Legislature at the time of his election to office. During his term of office, the salary of the Suruhanu may be increased only upon the adoption of a resolution or a statute. The salary of the Suruhanu shal…
2 GCA § 5110 Organization of Office
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(a) The Suruhanu shall select, appoint and fix the compensation within the amount available by appropriation of such other officers and employees, and including a Segundo Suruhanu as he may deem necessary to discharge his responsibilities under this Chapter. All officers and empl…
2 GCA § 5111 Powers
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The Suruhanu shall have the following powers: (a) To investigate, on complaint of a person but not an agency or on his own motion, any act of an agency without regard to its finality. (b) To adopt, promulgate, amend and rescind rules and regulations required for the discharge of …
2 GCA § 5112 Investigation of Complaints
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(a) The Suruhanu shall investigate any complaint alleging that an act of an agency is: (1) contrary to or inconsistent with law, regulation or agency practice; (2) based on mistaken facts or irrelevant considerations; (3) inadequately explained when reasons should have been revea…
2 GCA § 5113 Rights of Complainant - Communication With Complainant
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(a) After the Suruhanu has decided whether or not to investigate a complaint, he shall suitably inform the complainant. (b) The Suruhanu shall, if requested by the complainant, report the status of his investigation to the complainant. (c) After investigation of a complaint, he s…
2 GCA § 5114 Rights of Agency
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(a) If the Suruhanu decides to investigate a complaint, he may, if he deems it appropriate, suitably inform the agency involved. (b) Before announcing or reporting a conclusion or recommendation that criticizes or is adverse to an agency, the Suruhanu shall consult with that agen…
2 GCA § 5115 Recommendations
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(a) If, after investigation, the Suruhanu is of the opinion that an agency should: (1) consider the matter further; (2) modify or cancel an act; (3) alter a regulation, practice or ruling; (4) explain more fully the act in question; (5) rectify an omission; or (6) take any other …
2 GCA § 5116 Reports
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The Suruhanu shall annually report on his activities to the Governor and to the Legislature. SOURCE: GC § 1439. Added by P.L. 14-99; renumbered by P.L. 15-83. COL120106
2 GCA § 5117 Suruhanu's Immunities
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(a) No proceeding, conclusion, recommendation or report of the Suruhanu or member of his staff shall be reviewable in any court, unless it contravenes the provisions of this Chapter. (b) The Suruhanu and his staff shall have the same immunities from civil and criminal liabilities…
2 GCA § 5118 Witnesses' Privileges
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Any person required to provide information under this Chapter shall be paid the same fees and travel allowances and accorded the same privileges and immunities, including right of assistance of counsel, as witnesses whose attendance has been required in the Superior Court. SOURCE…
2 GCA § 5119 Obstruction
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Any person who willfully obstructs or hinders the proper and lawful exercise of the Suruhanu's powers or willfully misleads or attempts to mislead the Suruhanu in his inquiries, shall be guilty of a misdemeanor and subject to a fine of not more than One Thousand Dollars ($1,000.0…
2 GCA § 5120 Relation to Other Laws
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The provisions of this Chapter are in addition to and do not in any manner limit or affect the provisions of any other statute under which any remedy or right of appeal is provided for any person or any procedure is provided for the inquiry into or investigation of any matter. Th…
2 GCA § 5121 Severability
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If any part of this Chapter shall be declared invalid, all other parts shall remain in full force and effect; the provisions of this Chapter are declared to be severable. SOURCE: GC § 1444. Added by P.L. 14-99; renumbered by P.L. 15-83. ---------- COL120106