Title 5 — Government Operations

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.

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…

This Chapter shall be known, and may be cited, as the “Sunshine Reform Act of 1999.” SOURCE: GC § 6980 as added by P.L. 18-047:1 (Jan. 2, 1987), amended by P.L. 19-005:136 (Aug. 21, 1987). Codified by the Compiler to this section. Repealed and reenacted by P.L. 25-006:2 (May 12, …

As used in this Chapter: (a) Agency means any authority of the government and includes a department, institution, board, bureau, commission, council, committee of Guam government, branch, autonomous instrumentality, public corporation funded by public taxes or funds, or other pub…

(a) Every person has the right to inspect and take a copy of any public document on Guam, except as otherwise expressly prohibited in law, and except as provided in § 10108 of this Chapter. (b) Public records are open to inspection at all times during the office hours of the agen…

(a) None of the following documents may be inspected and copied pursuant to § 10103 of this Chapter, unless permitted by any other law of Guam: (1) files involving the investigation of any person, real or legal, for the commission of any crime; provided, however, that this Sectio…

(a) To ensure expedient disclosure of records by an agency, the Director of an agency shall require all personnel in charge of receiving any incoming mail, electronic mail, faxed documents or other communications to immediately notify the Director or his designee upon receipt of …

(a) Every agency shall establish written guidelines for accessibility of records and stating the procedures to be followed when making its records available in accordance with this Chapter. The guidelines shall include a mailing address, fax number and electronic mail address to …

(a) On or before February 1 of each year, each agency shall submit to the Attorney General of Guam a report which shall cover the preceding fiscal year and which shall include: (1) the number of determinations made by the agency not to comply with requests for records made to suc…

Except as provided in § 10109 of this Chapter, nothing in this Chapter shall be construed to require disclosure of records that are any of the following: (a) Records pertaining to pending litigation to which the agency is a party, until the pending litigation has been finally adj…

Oversight Committee. Any record or information which may be nondiscloseable under § 10108 that is in the possession of an agency shall be discloseable to the Legislative Oversight Committee upon its issuance of a subpoena duces tecum requesting such record or information or subpo…

The exemptions of records as prescribed in this Chapter shall not apply to public officials who prior to the adoption of this act had legal access to the records. SOURCE: Added by P.L. 25-006:2 (May 12, 1999). NOTE: This section was originally codified from GC § 6990, entitled “P…

This Chapter does not allow limitations on access to a public record based upon the purpose for which the record is being requested, if the record is otherwise subject to disclosure. SOURCE: Added by P.L. 25-006:2 (May 12, 1999). NOTE: This section was originally codified from GC…

(a) Any person making a request in any agency for public records pursuant to § 10103 shall be deemed to have exhausted his administrative remedies with respect to such request if the agency fails to comply with the applicable time limit provisions of that Section. (b) Any person …

(a) If the Court finds that the public official’s decision to refuse disclosure is not justified under this Chapter, the Court shall order the public official to pay a fine of One Thousand Dollars ($1,000.00). The fine shall be a personal expense for the responsible official and …

The provisions of this Chapter shall not be deemed in any manner to affect the status of judicial records as it existed immediately prior to the effective date of this Section, nor to affect the rights of litigants, including parties to administrative proceedings, under the laws …

Every person has a right to inspect any public writing on record in Guam and every public officer having the custody thereof is bound to permit such inspection, and to give on demand and on payment of the legal fees therefor a certified copy of such writing or record. The common …

Except when a different amount is prescribed the following fees shall be paid in advance for certified copies of public records: (a) for making a certified copy, $.75 cents for the first 300 words or part thereof, and $.15 cents for each additional 100 words or part thereof. (b) …