Title 12 — Autonomous Agencies

All powers vested in the Corporation, except as otherwise provided in this Chapter, shall be exercised by the Board of Trustees. The Board shall consist of seven members. At least four members shall be licensed to practice law in Guam. (a) The Board members shall be appointed as …

(a) A person appointed to the Board shall have: (1) significant experience in the legal representation of criminal, juvenile or civil cases; or (2) a demonstrated commitment to quality public legal services. (b) No person shall be appointed to, or serve on, the Board who is a: (1…

(a) No shall constitute a quorum at a meeting of the Board of Trustees. No less than four Board members must vote in favor for a motion to pass. Board meetings shall be open to the public and subject to the Open Government Law. Board meetings may be held virtually so long as ther…

The Board of Trustees shall: COL 2026-04-23 (a) Establish standards governing effective public legal services in Guam. Such standards shall be designed to ensure public legal services meet constitutional requirements required under the Organic Act of Guam, the laws of Guam, the U…

The Board of Trustees shall promulgate and implement minimum standards, rules, and procedures to guarantee indigent persons effective assistance of counsel as provided under the Organic Act of Guam, the laws of Guam, and the United States Constitution. The minimum standards, rule…

The Board shall appoint a Director, who shall head and oversee the operation of all Corporation divisions. (a) The Director shall directly supervise the administrative division and shall supervise the other divisions through the Managing Attorneys. (b) The Director shall be appoi…

The Director shall have the sole responsibility to carry out the purposes and duties of the Corporation and ensure that each division fulfills its statutory duty, including but not limited to: (a) Appointing a Deputy Director, and fix his/her duties, under and in accordance with …

(a) Pursuant to the provisions of 4 GCA § 4105 the Board shall establish rules and regulations governing selection, promotion, performance evaluation, demotion, suspension and other disciplinary action for the employees of the Corporation. (b) Employees of the Corporation shall b…

The Corporation may require assistance from any department or agency of the government of Guam in fulfilling its responsibility pursuant to this chapter, including but not limited to waiving any fees or costs for services involving the representation of indigent clients. SOURCE: …

[Repealed.] COL 2026-04-23 SOURCE: Added by P.L. 25-176:14 (Dec. 20, 2000). Repealed by P.L. 38-048:2 (Aug. 18, 2025) effective October 1, 2025 pursuant to P.L. 38-048:6.

The Corporation shall, at a minimum, collect and regularly review data related to: (a) Public legal services providers’ workloads that detail the number of cases, by case type, open at the start of the month; newly opened cases during the month; closed cases during the month; and…

Notwithstanding the provisions of § 11104(b) of this Title, the Public Defender Service Corporation shall assist and represent in court or otherwise persons who have apparently valid claims under § 204 (relating to federal landtakings) of the Territorial Omnibus 7 Act of 1977 (H.…

The Public Defender Service Corporation shall not charge claimants for its general costs or services or require a claimant to repay any filing fees or other court related fees incurred in the representation of the claimant. The Corporation may require assistance from any departme…

The Corporation shall be funded to ensure effective public legal services are provided as required by the Organic Act of Guam, the laws of Guam, and the United States Constitution. (a) There is hereby established a fund to be known as the “Public Defender Service Corporation Fund…

The Corporation shall submit an annual report, which shall be public, to I Maga’håga/Maga’låhi, I Liheslatura, and the Supreme Court of Guam. The annual report must include, but not be limited to, data on operations, itemized expenditures and revenues, and compliance with the Cor…

The Public Defender Service Corporation re-enacted herein shall be the successor to the Public Defender Service Corporation. All employees of the Public Defender Service Corporation, including the Alternate Public Defender and the Civil Law Center, shall be transferred to the Pub…

As used in this Chapter: (a) Public Utility means the Guam Power Authority, the Jose D. Leon Guerrero Commercial Port, the Guam Waterworks Authority, the Guam Solid Waste Authority or any duly licensed private contractors operating: (1) a facility or subsystem of the community- w…

of Commissioners. There shall be a public corporation and autonomous instrumentality within the government of Guam, to wit, a Public Utilities Commission composed of seven (7) members to be called Commissioners, who shall be selected as follows: (a) I Maga’Lahen Guåhan [Governor …

(a) I Liheslaturan Guåhan finds that the services provided by Public Utilities are basic necessities that the residents of TELECOMMUNICATIONS ACT OF 2004 Guam must receive in order to function in modern life. I Liheslaturan Guåhan also finds that because residents have very littl…

(a) Sections 12102.1 through 12102.2, which shall be known as the Ratepayers’ Bill of Rights, shall in no way restrict the powers of the Public Utilities Commission (Commission) granted in this Chapter to regulate or set rates for a Public Utility. The Ratepayers’ Bill of Rights …

(a) The Commission shall retain on an as needed basis those professional services required by the Commission in the performance of its duties. The Commission may employ administrative staff personnel for the conduct of Commission business. (b) The Commission may also appoint an a…

Notwithstanding any other provision of law, the Public Utilities Commission may meet for purposes of gathering information on utilities and requesting, demanding and accepting reports and documents from regulated utilities, and for other purposes. The Commission may continue in l…

The Commission shall prepare and present to the Governor and to the Speaker of the Legislature, in January of each year, a report respecting its actions during the preceding fiscal year, if any, together with its recommendations respecting legislation. SOURCE: Added by P.L. 17-07…

(a) The Commission shall have regulatory oversight supervision of rates as set forth in this Chapter over each public utility and shall perform the duties and exercise the powers imposed or conferred upon it by this Chapter. (b) The Commission in the discharge of any of its dutie…

(a) The Commission shall have the following powers which it may exercise in carrying out its mandate to regulate rates: (1) to examine the financial records of each public utility including all bank records; (2) the terms and conditions of any contracts with the United States Gov…

Four (4) Commissioners shall constitute a quorum. An affirmative vote of at least four (4) Commissioners present at a meeting where a quorum is present shall be required for the Commission to act or issue a decision. SOURCE: Added by P.L. 17-074 (Oct. 26, 1984), amended by P.L. 2…

(a) Every public utility shall at all times, upon request, furnish to the Commission all information that it may require respecting any of the matters concerning rates and charges, revenues and expenditures which it is given power to investigate, and shall permit the examination …

Etc. (a) In all investigations made by the Commission, and in all proceedings before it, the Commission shall have the same powers respecting administering oaths, compelling the TELECOMMUNICATIONS ACT OF 2004 attendance of witnesses and the production of documentary evidence, and…

The rates, all assessment costs, classifications, charges and rules of every public utility shall be published by the public utility in such manner as the Commission may require, and copies furnished to any person on request. SOURCE: Added by P.L. 17-074 (Oct. 26, 1984).

Whenever an investigation or proceeding is undertaken by the Commission, reasonable notice in writing of such fact and of TELECOMMUNICATIONS ACT OF 2004 the subject or subjects of the investigation or proceeding shall be given to the public utility concerned, and a notice in writ…

At any investigation by or proceeding before the Commission, the public utility concerned shall have the right to be present and represented by counsel, to present any evidence desired, and to cross-examine any witness who may be called. SOURCE: Added by P.L. 17-074 (Oct. 26, 198…

A Public Utilities Commission Fund shall be established for the use of the Public Utilities Commission for its operations, consisting of amounts as may be placed therein pursuant to the provisions this of Chapter. SOURCE: Added by P.L. 17-074 (Oct. 26, 1984).

(a) In the hearings before it, the Commission is not bound by the procedures set out in 5 GCA Chapter 5, Article 2, but may establish its own procedures for the conduct of hearings and the admission of evidence. It shall establish its own procedures however, by promulgating rules…

If the Commission is of the opinion that any public utility is violating or neglecting to comply with the terms of its loans and contracts, or with any territorial or federal law, or any provisions of its franchise, charter, enabling legislation or articles of incorporation, if a…

(a) All rates, charges, assessments, and costs made or charged by any public utility shall be just and reasonable and in conformance with public law, and shall be filed with the Commission; and no rate, charge or assessment cost shall be established, abandoned, modified, departed…

of Guam. [Repealed.] SOURCE: Added by P.L. 18-009:25 (July 23, 1985), repealed and reenacted by P.L. 18-011:8 (Aug. 3, 1985), repealed by P.L. 23-119:2(c) (July 31, 1996).

[Repealed.] SOURCE: Added by P.L. 18-033:26 (May 9, 1986). Codified by Compiler. Repealed by P.L. 23-119:2(c) (July 31, 1996).

Obtained by Private Water Well Operators. Rates shall be established for water obtained by private water well operators as follows: (a) The Guam Waterworks Authority (GWA) shall establish separate classes of monetary charges for water, potable and non-potable water (brackish wate…

Exchange Telephone Service. Notwithstanding any other provision of law, the Commission shall establish and modify from time to time, Targeted Lifeline Rates for local exchange telephone service that TELECOMMUNICATIONS ACT OF 2004 are consistent with policies and procedures establ…

[Repealed, reserved, or text not separately stated.]

Their Systems are Integrated with GWA=s. The Guam Waterworks Authority (>GWA=) may permit private contractors to operate community-wide water production and distribution systems, or wastewater disposal system(s), or both, and shall refer recommended rates to the PUC to establish …

(a) The Commission shall hold at least three (3) public hearings on any change in proposed rates or charges. One (1) of the public hearings shall be held in a location in Northern Guam, one (1) of the public hearings shall be held in a location in Central Guam, and one (1) of the…

In the conducting of any hearing pertaining to the implementation of the provisions of the act authorizing the emergency procurement of generating equipment (P.L. 21-117) the Commission shall be exempt from the provisions of § 12117 of this Chapter. The Commission is requested to…

The term >>just and reasonable== as used in this Article is defined as that rate, charge or assessment cost which enables the public utility to repay its debts, finance its obligations, finance its capital improvement needs and cover all its operating expenses. This Section shall…

From every order made by the Commission under provisions of this Chapter which is final, or, if preliminary, is of the nature that deferral of review pending entry of a subsequent final decision would deprive appellant of adequate relief, an appeal shall lie to the Superior Court…

The Commission may cause a valuation to be made to ascertain for any purpose specified in this Chapter the value of the property of any public utility and every fact and element of value which in its judgment may have any bearing on such value. The Commission may make reevaluatio…

(a) Any public utility violating or neglecting or failing in any particular way to conform to or comply with this Chapter or any lawful order of the Commission shall forfeit to the Public Utilities Commission not more than Five Hundred Dollars ($500.00) for every violation, negle…

Any person who willfully and knowingly makes under oath any false statement in connection with any investigation by or proceeding before the Commission shall be guilty of perjury, and upon conviction, shall be subject to the penalty prescribed by law for the offense. TELECOMMUNIC…

If any provision of this Chapter, or the application thereof to any person or circumstance, is held invalid, the remainder of the Chapter, or the application of such provision to other persons or circumstances, shall not be affected thereby. SOURCE: Added by P.L. 17-074 (Oct. 26,…

This Chapter and every provision thereof shall apply to commerce with foreign nations or to interstate commerce except insofar as such application is not permitted under the Constitution and laws and treaties of the United States or the Organic Act of Guam and the laws of Guam. S…