Title 5 — Government Operations

(a) Every meeting of a public agency shall be open and public, and any person shall be permitted to attend any public agency meeting, except as otherwise provided in this Chapter. A member of the public shall not be required, as a condition to attendance at a meeting of a public …

[Renumbered to § 8114.1.] SOURCE: Added by P.L. 36-034:3 (June 11, 2021), renumbered to § 8114.1 pursuant to the authority of 1 GCA § 1606.

(a) “Public agency” includes any board, commission or comparable unit of government, any of whose members are elected, appointed by I Maga’hågan/Maga’låhen Guåhan or appointed by I Liheslatura; any non-profit corporation created by one (1) or more public agencies or I Liheslatura…

A chance meeting of two or more members of a public agency shall not be considered a public meeting. No chance meeting, informal assemblage or electronic communication shall be used to decide or deliberate public business in circumvention of the spirit or requirements of this Cha…

A public agency shall provide by appropriate administrative action rules to govern the conduct of its business. Such rules shall provide for the time for holding an agency’s regular meetings. If at any time a regular meeting falls on a holiday, such regular meeting shall be held …

(a) Notice of Regular Meetings. Any public agency which holds a meeting required by statute, regulation or resolution, shall give five (5) working days public notice, and a second public notice at least forty-eight (48) hours prior to the start of the meeting. The public agency m…

(a) As used in this Section: (1) “Website” means the “Guam Public Notice Website” created under this Section. (b) There is created the “Guam Public Notice Website” to be administered by the Department of Administration. (c) The website shall provide assistance to the public to fi…

A special meeting may be called at any time by a public agency, by delivering personally, or by mail, written notice to each member of a public agency. Notice shall also be given to each newspaper of general circulation and broadcasting station which airs a regular local news pro…

A public agency may adjourn any regular, adjourned regular, special or adjourned special meeting to a time and place specified in the order of adjournment. Less than a quorum may so adjourn from time to time. If all members are absent from any regular or adjourned regular meeting…

Any hearing being held or noticed or ordered to be held by a public agency at any meeting may by order or notice of continuance be continued or recontinued by any subsequent meeting of the public agency in the same manner and to the same extent set forth in § 8109 for the adjourn…

(a) No public agency is prohibited because of this Chapter from holding executive sessions with the Attorney General, Chief of Police or the respective designated representatives of each on a matter which poses a threat to the public health, safety or welfare or from holding exec…

In any event that any person willfully interrupts a meeting of a public agency so that a meeting may not be conducted in an orderly fashion and order cannot be restored by the removal of the person who is willfully interrupting the meeting, the members of the public agency conduc…

The minutes of every meeting of each public agency shall be promptly and fairly recorded, shall be open to public inspection and shall include but not be limited to a record of all motions, proposals and resolutions offered, the results of any votes taken and a record of individu…

The governing Boards and Commissions of all agencies, public corporations, and departments of the government of Guam shall provide electronic copies of the monthly Board and Commission meeting agendas, approved minutes, and other attachments and addendums as discussed in each mon…

Any action taken at a meeting in violation of any Section of this Chapter shall be void and of no effect, provided that this nullification of actions taken at such meetings shall not apply to any commitment, otherwise legal, affecting the public debt of the entity concerned. SOUR…

Any action of a public agency taken at a meeting is void and of no effect if the public agency failed to comply with the public notice of agenda matters to be discussed pursuant to § 8107(d) of this Chapter or failed to comply with the broadcasting requirement pursuant to § 8103(…

(a) The Superior Court shall have jurisdiction to enforce any action brought as a result of a violation of this Chapter. Any person shall have standing to sue for the enforcement of this Chapter. (b) Each member of a public agency who attends a meeting of a public agency where ac…

If any provision of this Chapter or the application of any Section thereof, to any person or circumstance is held invalid, the validity of the remainder of said Chapter and the application of such provisions to other persons or circumstances shall not be affected thereby. SOURCE:…

This Chapter shall be known and may be cited as the Administrative Adjudication Law. SOURCE: GC § 24000.

Unless the context otherwise requires, the definitions set forth in this Chapter govern its construction. SOURCE: GC § 24001. COL11282017

The word agency whenever used in this Chapter, shall mean and include any board, commission, department, division, bureau or officer of the territory of Guam authorized by law to make rules or adjudicate contested cases. Agency does not include any entity in the legislative and j…

Agency member means any person who is a member of any agency to which this Chapter is applicable. SOURCE: GC § 24003.

Party includes the agency, the respondent and any person other than an officer or an employee of the agency in his official capacity who has been allowed to appear in the proceeding. SOURCE: GC § 24004.

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…