Title 5, Government Operations

Respondent means any person against whom an accusation is filed or against whom a statement of issues is filed pursuant to this Chapter. SOURCE: GC § 24005.

Hearing officer means a hearing officer qualified under this Chapter. SOURCE: GC § 24006.

The word rule means any rule, regulation, standard, classification, procedure or requirement of any agency designed to have or having the effect of law or interpreting, supplementing or implementing any law enforced or administered by it, including any regulation under which the …

Economic Zone (EEZ) Agreements. The term rule, as used in this Chapter, shall include any proposed cooperative agreements and other agreements authorized pursuant to 1 GCA § 402. SOURCE: Added by P.L. 23-17:7 (05/25/95). COMMENT: The addition of this section was part of a law bri…

Administrative adjudication means that administrative investigation, hearing and determination by any agency of issues or cases applicable to particular parties. SOURCE: GC § 24008 added by P.L. 13-40, approved July 1, 1975. ---------- ARTICLE 2 GENERAL PROVISIONS

The procedure of any agency shall be conducted pursuant to the provisions of this Chapter in any proceeding before an agency in which legal rights, duties or privileges of specific parties are required by law to be determined after an agency hearing. SOURCE: GC § 24100 enacted 19…

COL11282017 A hearing to determine whether an authority, license privilege or right should be conditioned, limited, suspended or revoked shall be initiated by filing an accusation. The accusation shall be a written statement of charges which shall set forth in ordinary and concis…

A hearing to determine whether an authority, license privilege or right should be granted, issued or renewed shall be initiated by filing a statement of issues. The statement of issues shall be a written statement specifying the statutes and regulations with which the respondent …

Unless made by a public officer acting in his official capacity or by an employee of the agency before which the proceeding is to be held, the accusation and statement of issues shall be verified. The verification may be on information and belief. SOURCE: GC § 24103. CROSS-REFERE…

The agency acquires jurisdiction of the respondent by service of a copy of the accusation or statement of issues, or if the hearing is held at the request of the respondent, by the filing of a petition for hearing by respondent. SOURCE: GC § 24104.

Within fifteen (15) days after service upon him of the accusation, the respondent may file with the agency a notice of defense in which he may: (a) Request a hearing. COL11282017 (b) Object to the accusation upon the ground that it does not state acts or omissions upon which the …

Within the period specified respondent may file one or more notices of defense upon any or all of the enumerated grounds, but unless the agency in its discretion authorizes the filing of a later notice, all such notices shall be filed within the period specified. SOURCE: GC § 241…

If respondent files a notice of defense within the period specified, he shall be entitled to a hearing on the merits. Failure to file a notice of defense or to file within the period specified shall constitute a waiver of respondent’s right to a hearing, but the agency in its dis…

A notice of defense shall be deemed a specific denial of all parts of the accusation not expressly admitted. Unless objection is taken as provided in § 9205(c) all objections to the form of the accusation shall be deemed waived. SOURCE: GC § 24108.

The notice of defense shall be in writing signed by or on behalf of the respondent and shall state his mailing address. It need not be verified or follow any particular form. SOURCE: GC § 24109.

COL11282017 The agency shall include with the copy of accusation served on respondent a form notice of defense entitled as such which may be a post card or other form in the discretion of the agency. In addition, the agency shall include in or with the copy of accusation served, …

The notice served with the accusation informing respondent of an opportunity for hearing shall be substantially in the following form: Unless a written request for a hearing signed by or on behalf of the person named as respondent in the accompanying accusation is delivered or ma…

The accusation and all accompanying papers may be sent to respondent by any means selected by the agency. But unless the respondent has been served personally or by registered mail or by leaving a copy of the accusation and accompanying papers at his usual place of residence, or …

The statement of issues may be served and proof of service made in the same manner as in the case of an accusation. However, if the respondent requests the hearing, the agency shall deliver or mail the statement of issues together with notice of hearing to the parties as provided…

At any time before the matter is submitted for decision, the agency may file or permit the filing of an amended or supplemental accusation. All parties shall be notified. If the amended or supplemental accusation presents new charges the agency shall afford respondent a reasonabl…

The agency shall determine the time and place of hearing. SOURCE: GC § 24115.

The agency shall deliver or mail a notice of hearing to all parties at least ten (10) days prior to the hearing. The hearing shall not be prior to the expiration of the time within which the respondent is entitled to file a notice of defense. The notice to respondent shall be sub…

(a) Before the hearing has commenced the agency shall issue subpoenas and subpoenas duces tecum at the request of any party in accordance with the provisions of §1985 of the Code of Civil Procedure. After the hearing has commenced the agency hearing a case or a hearing officer si…

On the verified petition of any party, an agency may order that the testimony of any material witness residing within or without the territory of Guam be taken by deposition in the manner prescribed by law for depositions in civil actions. The petition shall set forth the nature …

In any proceedings under this Chapter, any agency, agency member, secretary of an agency or hearing officer has power to administer oaths and affirmations and to certify to official acts. SOURCE: GC § 24119.

(a) Hearing Officer. A hearing officer shall preside over every hearing in a contested case. Except in the case of hearings before the Workers’ Compensation Commission, the hearing officer shall be an attorney and may be an attorney in full time service of the government of Guam.…

A case may be heard by the agency with a hearing officer or by the hearing officer alone in the discretion of the agency. When the agency hears the case with a hearing officer, the hearing officer shall preside, rule on the admission and exclusion of evidence, and advise the agen…

A hearing officer or agency member 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 agency member by filing an affidavit pr…

The agency may grant continuances at any stage of the proceedings. SOURCE: GC § 24123.

Oral evidence shall be taken only on oath or affirmation. SOURCE: GC § 24124.

Each party shall have these rights: to call and examine witnesses; to introduce exhibits; to cross-examine opposing witnesses on any matter relevant to the issues even though that matter was not covered in the direct examination; to impeach any witness regardless of which party f…

The hearing need not be conducted according to technical rules relating to evidence and witnesses. Any relevant evidence shall be COL11282017 admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless o…

(a) At any time ten (10) or more days prior to a hearing or a continued hearing, any party may mail or deliver to the opposing party a copy of any affidavit which he proposes to introduce in evidence, together with a notice as provided in Subsection (b). Unless the opposing party…

COL11282017 In reaching a decision official notice may be taken, either before or after submission of the case for decision, of any generally accepted technical or scientific matter within the agency’s special field, and of any fact which may be judicially noticed by the courts o…

The agency may order amendment of the accusation after submission of the case for decision. Each party shall be given notice of the intended amendment and opportunity to show that he will be prejudiced thereby unless the case is reopened to permit the introduction of additional e…

member may not vote unless he heard the evidence. SOURCE: GC § 24135.

The members of an agency qualified to vote on any question may vote by mail or other written message. SOURCE: GC § 24131.

The decision shall be in writing and shall contain findings of fact, a determination of the issues presented and the penalty, if any. The findings may be stated in the language of the pleadings or by reference thereto. Copies of the decision shall be delivered to the parties pers…

The decision shall become effective thirty (30) days after it is delivered or mailed to respondent unless a reconsideration is ordered within that time, or the agency orders that the decision shall become effective sooner, or a stay of execution is granted. A stay of execution ma…

If the respondent fails to file a notice of defense or to appear at the hearing, the agency may take action based upon the respondent’s express admissions or upon other evidence, and affidavits may be used as COL11282017 evidence without any notice to respondent; and where the bu…

(a) The agency may order a reconsideration of all or part of the case on its own motion or on petition of any party. The power to order a reconsideration shall expire thirty (30) days after the delivery or mailing of a decision to respondent, or on the date set by the agency as t…

A person whose license has been revoked or suspended may petition the agency for reinstatement or reduction of penalty after a period of not less than one (1) year has elapsed from the effective date of the decision or from the date of denial of a similar petition. The agency sha…

COL11282017 If respondent was required to register with any public officer, the agency shall send a notification to such public officer of any decision conditioning, limiting, suspending or revoking any authority, license, privilege or right after the decision has become effectiv…

If any person in proceedings before an agency disobeys or resists any lawful order or refuses to respond to a subpoena, or refuses to take the oath or affirmation as a witness or thereafter refuses to be examined, or is guilty of misconduct during a hearing or so near the place t…

A decision of an agency which is in accordance with law and supported by substantial evidence shall be conclusive. SOURCE: GC § 24139.