Title 5 — Government Operations

Judicial review may be had of any agency decision by any party affected adversely by it. If the agency decision is not in accordance with law or not supported by substantial evidence, the court shall order the agency to take action according to law or the evidence. SOURCE: GC § 2…

Judicial review may be had by filing a petition in the Superior Court for a writ of mandate in accordance with the provisions of the Code of Civil Procedure. Except as provided in this Section any petition shall be filed within thirty (30) days after the last day on which reconsi…

Any sums authorized to be expended under this Chapter by any agency shall be a legal charge against the funds of the agency. SOURCE: GC § 24142. ---------- ARTICLE 3 RULE-MAKING PROCEDURES

It is the intent of the Legislature to establish a uniform method of making, adopting, promulgating, filing and publishing rules by all agencies of this Territory, to permit public participation therein and provide a method of making rules readily accessible to the public. It is …

Procedure. (a) Before any rule is adopted, amended, rescinded or repealed by any agency it shall cause a notice to be published in a newspaper of general circulation in Guam, at least ten (10) days prior to the date set for a hearing. Said notice shall include a statement of the …

(a) The provisions of this Chapter shall not apply to an emergency regulation adopted pursuant to Subsection (b) of this Section. (b) If an agency or government entity finds that the adoption of a regulation or repeal of a regulation is necessary to comply with Federal law, the r…

Regulations: Circulation and Filing. (a) It shall be the duty of every agency which may have been or hereafter may be clothed with or given any power or authority to make, adopt, promulgate or enforce rules to: (1) Prepare the rules in a form which will conform to a standard syst…

As soon as practicable after the effective date of the Act: (a) The Compiler of Laws shall compile, index, codify and publish all the rules filed with him under the provisions of this Act. The compiled publication shall be entitled Administrative Rules and Regulations, Government…

Any agency may cause to be printed in pamphlet form those rules which were adopted by or affect such agency and may sell the same at cost. The proceeds of such sales shall be covered into the Treasury of Guam. The agency may also include in any such publication copies of statutes…

Any such rule or regulation adopted, approved, recorded and published as herein provided shall be judicially noticed by all courts and agencies of this Territory and the official publication thereof as herein provided shall be prima facie evidence that said rule or regulation was…

Any interested person may petition an agency requesting the promulgation, amendment or repeal of any rule. Each agency shall prescribe by rule the form for such petitions and the procedure for their submission, consideration and disposition. Provided that all such petitions shall…

On petition of any interested person, any agency may issue a declaratory ruling with respect to the applicability to any person, property or state of facts of any rule or statute enforceable by it. A declaratory ruling, if issued after argument and stated to be binding, is bindin…

(a) The validity of any rule may be determined upon petition for a declaratory judgment thereon addressed to the Superior Court of Guam, when it appears that the rule, or its threatened application, interferes with or impairs, or threatens to interfere with or impair the legal ri…

If any provision of this law or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the law which can be given effect without the invalid provisions or application, and to this end the provis…

That portion of each and every act heretofore enacted into law which grants to any agency of the territory of Guam, the power to issue rules and regulations in any manner or method other than prescribed by this law is hereby specifically repealed as it is the intent that the meth…

All acts or parts of acts which are inconsistent with the provisions of this law are hereby repealed, but such repeal shall not affect pending proceedings SOURCE: GC § 24207 added by P.L. 9-69, approved July 7, 1967, effective January 2, 1968; now § 24211 as amended by P.L. 13-40…