Title 22 — Business Regulation

(a) The Attorney General shall render to the Director opinions on all questions arising in the administration of this Act, and shall act as attorney for the Director in all actions and proceedings brought by or against him under or pursuant to any of the provisions of this Act. (…

An individual who desires to engage in real estate appraisal activity in Guam shall make application for certification or license, in writing, in such form as the Director may prescribe. In the event that an applicant is denied certification or licensing he may obtain judicial re…

(a) There are two (2) classes of certification for certified or licensed real estate appraisers; (b) Each application for original certification or for the renewal of certification shall specify the classification of certification being applied for and, if applicable, the certifi…

Criteria. The Guam Licensed Appraiser classification authorizes the appraisal of single, duplex, triplex and quadruplex residential units, or unimproved land with highest and best use with single, duplex, triplex and quadruplex residential units, with a transaction value of One M…

Criteria. The Guam Certified Appraiser classification applies to the appraisal of all types of real property. Applicants must meet the following examination, COL 06112010 education, and experience requirements. Subsequent to being licensed or certified, an individual must meet th…

An appraiser in appraisal reports shall designate his or her appraisal classification as provided in this Act. SOURCE: Added by P.L. 21-28:10.

(a) At a minimum, an appraisal report must conform to Uniform Standards of Professional Appraisal Practice (USPAP-current version) and must be in writing. Future revisions in the Standards shall take effect immediately. (b) An appraisal reporting an estimated value shall be suppo…

(a) Based upon the premise that the appraiser=s home state=s certification program has not been disapproved by the Appraisal Subcommittee of the Federal Financial Institutions Examination Council (FFIEC), a non-resident may be certified as a real estate appraiser upon compliance …

(a) Each application for a real estate appraiser certification, real estate appraiser trainee, or for the renewal therefore, shall be accompanied by a fee of Two Hundred Dollars ($200.00). (b) If the Director determines that an applicant meets the qualifications and requirements …

The Director may, upon his own motion, and shall, upon the written complaint of any aggrieved person, investigate the activities of any person engaged in the practice of real estate appraising, and shall have the power to deny, censure, suspend or revoke certification at any time…

The following conduct by an appraiser may be considered grounds for disciplinary action by the Director, namely the appraisers: (a) Permitted his or her signature to be affixed to any appraisal report if such report was not prepared by the appraiser or under the appraiser's direc…

Nothing contained in this Act shall be deemed to prohibit any licensee from engaging in the practice of real estate appraising as a professional corporation in accordance with the provisions of the Professional Service Corporation Act of Guam. SOURCE: Added by P.L. 21-28:16. COL …

Every resident licensee shall maintain a place of business in Guam and shall conspicuously display his or her license therein. Notice in writing shall be given to the Director by each licensee of any change of principal business location, whereupon the Director shall issue a new …

Any person required to be certified by this Act, who engages in the practice of real estate appraising without obtaining a license, shall be liable for a penalty as prescribed by the Director. The appraiser shall be ineligible to obtain certification for such period of time as ma…

Any person required by this Act to be certified who engages in the profession of real estate appraising without obtaining certification therefor, or who violates any provision of the Act, shall be guilty of a misdemeanor and shall be ineligible to obtain a license for one (1) yea…

(a) An appraiser must prepare a workfile for each appraisal, appraisal review, or appraisal consulting assignment. The workfile must include: (1) The name of the client and the identity, by name or type, of any other intended users; (2) True copies of any written reports, documen…

If any provision of this Act, or the application of any provision to any person or circumstance, is held invalid or determined to be contrary to federal or other laws governing the certification or licensure of real estate appraisers, the remainder of this Act shall be given effe…

The Director shall issue a temporary practice for a period of six (6) months to an applicant from another state or territory upon filing of an application for a temporary practice and the payment of a temporary practice fee of One Hundred Dollars ($100.00) by an applicant who pre…

Qualification Criteria. The Guam Certified Residential Appraiser classification authorizes the appraisal of single, duplex, triplex and quadruplex residential units without regard to transaction highest and best use. Applicants must meet the following examination, education, and …

Criteria. The scope of practice for the Appraiser Trainee Classification is the appraisal of those properties which the supervising appraiser is permitted to appraise. The appraiser trainee shall be subject to the Uniform Standards of Professional Appraisal Practice. The appraise…

The Real Property Appraiser Qualification Criteria set forth throughout this Chapter shall automatically be amended based on any newly-adopted Real Property Appraiser Qualification Criteria from the Appraiser Qualification Board (AQB) of the Appraisal Foundation. SOURCE: Added by…

This Chapter may be cited as the Professional Engineers, Architects and Land Surveyors Law.

In order to safeguard life, health, and property, and to promote the public welfare, the practice of engineering, architecture, landscape architecture and land surveying in Guam is hereby declared to be subject to regulation in the public interest. It shall be unlawful for any pe…

For the purpose of this Chapter, words used in the masculine gender include the feminine, or vice-versa, where appropriate. (a) Engineer. (1) Engineer means a person who, by reason of his special knowledge and use of the mathematical, physical and engineering sciences and the pri…

A Guam Board of Registration for Professional Engineers, Architect and Land Surveyors is created whose duty shall be to administer the provisions of this Chapter. (a) The Board shall consist of seven (7) members, at least two (2) being female, to be constituted as follows: the Di…

Each member of the Board shall be a citizen of the United States and a resident of Guam. Board members who are required to be registered pursuant to § 32104 of this Chapter shall have been in responsible control in the lawful practice of engineering, architecture, landscape archi…

Board Compensation and Travel shall follow the existing laws of the government of Guam.

I Maga’lahen Guåhan (Governor) may remove any member for misconduct, incompetence, neglect of duty, or any sufficient cause, in the manner prescribed by law for removal of government officials. Vacancies in the membership of the Board shall be filled for the unexpired term by app…

The Board shall hold at least six (6) regular meetings each year. Special meetings may be held as the rules and regulations of the Board provide. A quorum of the Board shall consist of not less than four (4) members, three (3) of whom shall be registered under the provisions of t…

(a) The Board shall have the power to adopt and amend all by-laws and rules of procedure not inconsistent with the Organic Act of Guam and the laws of Guam, including, the adoption and promulgation of the Rules of Professional Conduct for Professional Engineers, Architects, Lands…

COL1242015 (a) The Board shall keep a record of its proceedings and of all applications for registration, which record shall show: (1) the applicant’s name, age and last known address; (2) the date of the application; (3) the applicant’s place of business; (4) the applicant’s edu…

(a) Notwithstanding the Central Accounting Act, all fees and money collected under the provisions of this Chapter shall be deposited in a special COL1242015 fund known as the Professional Engineers, Architects and Land Surveyors Fund. This fund shall be kept in a bank licensed to…

A complete roster showing the names and last known addresses of all registered engineers, architects, landscape architects, land surveyors, and business entities shall be published by the Secretary of the Board annually, no later than the last day of the third month of each year,…

(a) No person shall be eligible for admission to the examination for registration for professional engineer, architect, landscape architect or land surveyor, or for enrollment as an engineer intern or land surveyor intern, under this Chapter unless he: (1) is a citizen of the Uni…

(a) Application for registration as a professional engineer, architect, landscape architect or land surveyor, or for certification as an engineer intern or land surveyor intern, or for certificates of authorization, shall be on a form prescribed and furnished by the Board. It sha…

(a) The applicant may be subjected to such examinations as may be deemed necessary to determine his qualifications. The examinations will be held at such times and place as the Board may direct. (b) Examinations, as specified in the rules and regulations, may be taken only after …

COL1242015 (a) The Board shall issue to each applicant meeting the requirements of this Chapter a certificate of registration which gives the registrant proper authority to practice his profession on Guam. The certificate of registration for a professional engineer shall carry th…

(a) Certificates of Registration shall expire on the last day of the month of April, and Certificates of Authorization for corporations, partnerships, proprietorships and associations shall expire on the last day of the month of October of each year, following their year of issua…

(a) Replacement of Certificates. A new Certificate of Registration, to replace any certificate lost, destroyed, or mutilated, may be issued, subject to the rules of the Board and upon payment of the prescribed fee, and such certificate shall be stamped or marked “duplicate”. (b) …

Government employees shall not engage in the practice of engineering, architecture, landscape architecture or land surveying, involving either public or private property, without the project being under the direct charge and supervision of a registered engineer, architect, landsc…

Issue, Restore, or Renew, Probation, Fine and/or Reprimand. (a) The publication of the rules of conduct for professional engineers, architects, landscape architects and land surveyors, as provided for in § 32109 of this Chapter, shall constitute due notice to all registrants. (b)…

(a) Any person may press charges of fraud, deceit, gross negligence, incompetence, misconduct, or violation of the rules of professional conduct, against any individual registrant, or against any corporation, limited liability company, partnership or association holding a Certifi…

(a) Civil Penalties for Non-Licensees: (1) In addition to any other provision of law, the Board may enter an order assessing a civil penalty against any person, firm, partnership, limited liability company or corporation found guilty by the Board of: (A) engaging in the practice …

(a) The practice of or offer to practice engineering, architecture, landscape architecture or land surveying as defined in § 32103 of this Chapter by individual engineers, architects, landscape architects or land surveyors registered under this Chapter, or by individuals lawfully…

Requirement for Additional Licenses or Fees. No local jurisdiction shall have the authority to require additional licensure or to require payment of any fees in order for any professional engineer, architect, landscape architect or land surveyor to engage in the practice of the p…

(a) A Professional Engineer, Architect, Landscape Architect, or Land Surveyor shall use a written contract when contracting to provide professional engineering, architecture, landscape architecture, land surveying or construction management services to a client pursuant to this C…

This Chapter shall not be construed to prevent the practice by: (a) Temporary Permits. (1) Professional Engineer/Architect — The practice or offer to practice engineering, architecture or landscape architecture by a person not a resident of or having no established place of busin…

It shall be unlawful for the recorder of deeds or the civil registrar of titles to file or record any map, plat, survey or other documents, within the definition of land surveying, which do not have impressed thereon and affixed thereto the personal signature and seal of the prof…

If any of the provisions of this Chapter, or if any rule, regulation or order thereunder, or if the application of such provision to any person or circumstance shall be held invalid, the remainder of this Chapter and the application of such provision of this Chapter or such rule,…

This Law shall take effect thirty (30) days from the date of passage. ---------- COL1242015