Chapter 7

22 GCA BUSINESS REGULATIONS CH. 7 EMPLOYMENT SERVICE LAW 1 CHAPTER 7 EMPLOYMENT SERVICE LAW Article 1. Employment Service Law. Article 2. Commercial Employment Agencies. ARTICLE 1 EMPLOYMENT SERVICE LAW § 7101. Short Title. § 7102. Acceptance. § 7103. Guam Employment Service. § 7104. Guam Employment Service: Administrator. § 7105. Director of Labor: General Authority. § 7106. Use of Information. § 7107. Employment Service Fund. § 7108. Employment Service Fund: Source of Monies. § 7109. Employment Service Fund: Handling of Fund Monies. § 7110. Employment Service Fund: Security. § 7111. Employment Service Fund: Replacement of Mon ies. § 7112. Distribution of Alien Contract Worker Quota . § 7113. Payment of Alien Contract Workers. § 7114. Wages for Alien Contract Employees. § 7115. Prohibition on Accepting Fee for Employment of Alien Contract Workers. § 7116. Criminal Liability. § 7117. Construction. § 7118. Mandatory Registration of Non-Immigrant Temporary Worker. § 7118.1. Temporary Labor Certification for Non-Imm igrant Workers; Restrictions; Penalties. § 7119. Non-Immigrant Temporary Worker Registration Fee. § 7120. Manpower Development Fund. § 7121. Repatriation Guaranty Bond.

abor Certification for Non-Imm igrant Workers; Restrictions; Penalties. § 7119. Non-Immigrant Temporary Worker Registration Fee. § 7120. Manpower Development Fund. § 7121. Repatriation Guaranty Bond. § 7122. Performance and Payment Bond. § 7123. When Bond Required. § 7124. Prevailing Wages. § 7125. Penalties. COL5/19/202122 GCA BUSINESS REGULATIONS CH. 7 EMPLOYMENT SERVICE LAW 2 § 7126. Testing of Temporary Workers’ Skills. § 7101. Short Title. This Chapter may be cited as the Employment Service Law. SOURCE : GC § 44000. § 7102. Acceptance. The government of Guam hereby accepts the provision s of the Act of Congress of June 6, 1933, as now in effe ct or as hereinafter amended, hereinafter referred to as the Wagner- Peyser Act (48 Stat. 113, as amended, 29 U.S.C., 49 et seq.), in conformity with § 4 of said Act, and shall observe and comply with the requirements of said Act. The Department o f Labor is hereby designated the agency of Guam for the purpos e of said Act, and is vested with all powers necessary to coo perate with the United States Employment Service in accordance with the provisions of said Act. SOURCE : GC § 44001. § 7103. Guam Employment Service.

t, and is vested with all powers necessary to coo perate with the United States Employment Service in accordance with the provisions of said Act. SOURCE : GC § 44001. § 7103. Guam Employment Service. There is hereby created as a division of the Depart ment of Labor, the Guam Employment Service, whose function it shall be to establish and maintain free public employment offices in such places and in such manner as may be necessary for the proper and efficient administration of this Chapter , and as may be necessary to perform such duties and function as are within the purview of the Wagner-Peyser Act. SOURCE : GC § 44002. § 7104. Same: Administrator. The Director of Labor shall appoint, under the Pers onnel Law and Compensation Law, subject to such additiona l standards as may be required by the United States D epartment of labor, a full-time, salaried officer to administer the Guam Employment Service, to be known as the Administrato r thereof, and such other personnel as may be required to carr y out the purposes of this Chapter. Such officer shall, under the direction COL5/19/202122 GCA BUSINESS REGULATIONS CH.

the Administrato r thereof, and such other personnel as may be required to carr y out the purposes of this Chapter. Such officer shall, under the direction COL5/19/202122 GCA BUSINESS REGULATIONS CH. 7 EMPLOYMENT SERVICE LAW 3 and supervision of the Director of Labor, be respon sible for the operation of the service. SOURCE : GC § 44003. § 7105. Director of Labor: General Authority. The Director of Labor shall cooperate with any auth ority of the United States having powers or duties under the Wagner- Peyser Act or under any subsequent Acts of Congress further amending that Act or relating to the promotion and maintenance of a system of free public employment offices. he i s empowered to take such steps and to do all things necessary t o secure to Guam the benefits of said Act or Acts. SOURCE : GC § 44004. § 7106. Use of Information. All information obtained by the Service from worker s, employers, applicants or other persons in the cours e of administering this Chapter shall be used solely for the purpose of such administration and shall not be disclosed dire ctly or indirectly for other purposes except in accordance with policies or regulations promulgated by or at the direction

olely for the purpose of such administration and shall not be disclosed dire ctly or indirectly for other purposes except in accordance with policies or regulations promulgated by or at the direction o f the Secretary of Labor of the United States. SOURCE : GC § 44005. § 7107. Employment Service Fund. There is hereby established a special fund called t he Employment Service Fund, hereinafter called the Fund , which shall be maintained separate and apart from any oth er funds of the government of Guam, and independent records and accounts shall be maintained in connection therewith. Al mon ies which are deposited in or paid into the Fund are hereby a ppropriated to and made continuously available for expenditure in accordance with the provisions of this Chapter, and shall not lapse at any time or be transferred to any other fund. All monie s in the Fund which are received from the United States Governmen t or any agency thereof, or which are appropriated by the go vernment of Guam for the purposes described in this Chapter, sh all be paid into the Fund, and shall be expended solely for the purposes of COL5/19/202122 GCA BUSINESS REGULATIONS CH.

iated by the go vernment of Guam for the purposes described in this Chapter, sh all be paid into the Fund, and shall be expended solely for the purposes of COL5/19/202122 GCA BUSINESS REGULATIONS CH. 7 EMPLOYMENT SERVICE LAW 4 and in amounts found necessary by the Director of L abor for the proper and efficient administration of this Chapter . SOURCE : GC § 44006. § 7108. Employment Service Fund: Source of Monies. The Fund shall consist of all monies appropriated b y the government of Guam or by the United States of Ameri ca, or any agency thereof, or received from any other source f or the administration of this Chapter; all monies received from the United States Government or any agency thereof, or from any state or territory or agency thereof, or from any p erson or organization as compensation for services rendered or facilities supplied; amounts received pursuant to any surety b ond or insurance policy, or from any other sources for los ses sustained by the Fund or by reason of damage to equipment or supplies purchased with monies from the Fund; and all procee ds realized from the sale or other disposition of any equipment or supplies purchased with monies from the Fund.

of damage to equipment or supplies purchased with monies from the Fund; and all procee ds realized from the sale or other disposition of any equipment or supplies purchased with monies from the Fund. SOURCE : GC § 44007. § 7109. Employment Service Fund: Handling of Fund Monies. All monies in the Fund shall be deposited, administ ered, and disbursed in the same manner and under the same conditions and requirements as is provided by Title 5, Guam Co de Annotated, for other special funds of the governmen t of Guam, except that monies in this fund shall not be commin gled with other Guam funds, and shall not be available for in vestment, but shall be maintained in a separate account on the bo oks of a depositary bank. SOURCE : GC § 44008. § 7110. Employment Service Fund: Security. All monies in the Fund shall be secured by the hold ing depositary in the manner and to extent required by §21114 of Title 4 Guam Code Annotated, and shall be maintaine d in a separate custody account. The Treasurer of Guam sha ll be liable on his official bond for the faithful performance o f his duties in connection with the Fund.

Annotated, and shall be maintaine d in a separate custody account. The Treasurer of Guam sha ll be liable on his official bond for the faithful performance o f his duties in connection with the Fund. His liability on his offi cial bond shall COL5/19/202122 GCA BUSINESS REGULATIONS CH. 7 EMPLOYMENT SERVICE LAW 5 be effective immediately upon the enactment of this provision, and this liability shall exist in addition to any l iability upon any separate bond extant on the effective date of this provision, or which may be given in the future. All sums recovere d on this surety bond for losses sustained by the Fund shall be deposited in the Fund. The cost of premiums for so much of th e surety bond as is necessary to provide protection against loss of monies in the Fund may be paid from monies in the Fund. SOURCE : GC § 44009. § 7111. Employment Service Fund: Replacement of Los t Monies. If any monies received by Guam pursuant to the prov isions of the Wagner-Peyser Act are found by the United St ates Secretary of Labor to have been lost or to have bee n expended for purposes other than or in amounts in excess of those found necessary by the United States Secretary of Labor f or the

United St ates Secretary of Labor to have been lost or to have bee n expended for purposes other than or in amounts in excess of those found necessary by the United States Secretary of Labor f or the proper administration of this Chapter, such lost or improp erly expended monies shall be replaced by monies appropriated for such purpose from the General Fund of Guam to the Fund. Upon receipt of such a finding from the United States Se cretary of Labor, the Director of Labor shall promptly report the amount required for such replacement to the Governor, and the Governor shall, at the earliest opportunity, submit to the L egislature a request for the appropriation of such amount. SOURCE : GC § 44010. § 7112. Distribution of Alien Contract Worker Quota . The Guam Employment Service, in certifying to the U .S. Immigration and Naturalization Service the eligibil ity of construction contractors to import non-immigrant al ien contract labor under the quota given the Territory of Guam p ursuant to its rehabilitation program, shall divide the quota amon g all of the licensed construction contractors in the Territory of Guam, without regard to the date their licenses were obta ined.

p ursuant to its rehabilitation program, shall divide the quota amon g all of the licensed construction contractors in the Territory of Guam, without regard to the date their licenses were obta ined. In the event such a construction contractor does not wish to use his share of the quota so allocated to him, then the Gu am Employment Service shall reallocate such unused por tion of the quota to all such contractors who desire to import such alien COL5/19/202122 GCA BUSINESS REGULATIONS CH. 7 EMPLOYMENT SERVICE LAW 6 contract workers. It is the intent of this section to assure all licensed construction contractors in the Territory of Guam that each will be given a fair and equitable share of th at quota of alien contract workers established for the Territor y of Guam for rehabilitation purposes. SOURCE : GC § 44011. § 7113. Payment of Alien Contract Workers. All persons in the Territory of Guam recruiting, im porting, or hiring non-immigrant alien contract laborers und er the Defense H-1, H-2, H-3, E-1, E-2 or L-1 Immigration programs shall pay all salaries for services rendered in Gua m directly to the non-immigrant alien contract worker and all suc h salaries shall be paid in full

, H-2, H-3, E-1, E-2 or L-1 Immigration programs shall pay all salaries for services rendered in Gua m directly to the non-immigrant alien contract worker and all suc h salaries shall be paid in full in Guam. SOURCE : GC § 44012. § 7114. Wages for Alien Contract Employees. No person shall enter into any agreement or contrac t for services to be rendered in Guam at a wage rate belo w the minimum wage rate. No employer shall be made to pay a rate in excess of the minimum wage rate. An employer may de duct from the minimum wage expenses incurred in providin g food, shelter, transportation and incidental fees. These expenses shall be determined in accordance with the Cost of Living Index established by the Department of Commerce. SOURCE : GC § 44013. § 7115. Prohibition on Accepting Fee for Employment of Alien Contract Workers. No person shall accept or receive from any alien co ntract worker hired under the Defense H-1, H-2, H-3, E-1, E-2, or L-1 Immigration programs any monetary benefit or fee fo r the employment, procuring, offering, promising or attem pting to procure employment under the Defense H-1, H-2, H-3, E-1, E-2, or L-1 Immigration programs for said alien contract

benefit or fee fo r the employment, procuring, offering, promising or attem pting to procure employment under the Defense H-1, H-2, H-3, E-1, E-2, or L-1 Immigration programs for said alien contract employee. SOURCE : GC § 44014. § 7116. Criminal Liability. COL5/19/202122 GCA BUSINESS REGULATIONS CH. 7 EMPLOYMENT SERVICE LAW 7 Any person violating the provisions of §§ 7113, 711 4, 7115 of this Title is guilty of a felony. SOURCE : GC § 44015. Amended by P.L. 13-187:220. NOTE : New §§ 7113-7116 added by P.L. 11-109, effective December 10, 1971. In addition, P.L. 11-109 contained the fo llowing: § 6. Notwithstanding the provisions of § 3 of this Act, the increase in the wages paid alien contract workers shall not apply to any contract entered into prior to the effective date of this Ac t, or any contract made pursuant to a public bid opened prior to the effect ive date of this Act. The Director of Labor is authorized to issue such r egulations as are necessary to effectuate the purpose of this Section , which the Legislature hereby declares to be that of equitably treating co ntractors who entered into contracts prior to the effective date of this Act. § 7117. Construction.

purpose of this Section , which the Legislature hereby declares to be that of equitably treating co ntractors who entered into contracts prior to the effective date of this Act. § 7117. Construction. This Chapter shall be liberally construed to accomp lish its purpose of promoting employment security by increas ing placement opportunities through the establishment a nd maintenance of a system of free public employment o ffices. All doubts as to the proper construction of this Chapte r shall be resolved in favor of conformity with the requiremen ts of the Wagner-Peyser Act. SOURCE : GC § 44016. § 7118. Mandatory Registration of Non-Immigrant Temporary Worker. It is unlawful for a non-immigrant temporary worker to report to work prior to obtaining a work permit ide ntification card duly signed by the Director of Labor and seale d by his office. The work permit identification card constit utes a work permit and shall be renewed upon approval of import ation, transfer or extension of non-immigrant temporary wo rkers contract. (a) Work permit identification cards must be carrie d at all times by the non-immigrant temporary worker and conspicuously displayed during working hours at his

immigrant temporary wo rkers contract. (a) Work permit identification cards must be carrie d at all times by the non-immigrant temporary worker and conspicuously displayed during working hours at his place of work. Failure to do so constitutes violation of this Section. COL5/19/202122 GCA BUSINESS REGULATIONS CH. 7 EMPLOYMENT SERVICE LAW 8 (b) The mandatory requirements for work registratio n and identification cards are applicable to the impo rtation, transfer and extension of non-immigrant temporary workers. (c) Each non-immigrant temporary worker is required to report to the Guam Department of Labor prior to repatriation to point of hire. (d) Employers or their agents shall not purchase or procure repatriation transportation of a non-immigr ant temporary worker without obtaining exit clearances from the Guam Department of Labor and the Guam Memorial Hospital Authority. (e) Actual departures shall be made within thirty ( 30) days from issuance of exit clearance, and employers or their agents shall furnish the Guam Department of Labor w ith a certification from the transportation carrier that the non- immigrant worker has departed from Guam.

f exit clearance, and employers or their agents shall furnish the Guam Department of Labor w ith a certification from the transportation carrier that the non- immigrant worker has departed from Guam. The certification shall include the name of the non-imm igrant worker, the name of the carrier, date and ticket nu mber. SOURCE : GC § 44017. Added by P.L. 18-43:3. Subsection (d ) amended by P.L. 31-087:1 (Sept. 30, 2011). § 7118.1. Temporary Labor Certification for Non-imm igrant Workers; Restrictions; Penalties. (a) The Director of Labor, pursuant to the Administ rative Adjudication Law, shall promulgate rules and regula tions to establish operating guidelines for the certificatio n and employment of non-immigrant alien temporary workers in Guam (the Rules ). Such Rules shall establish the conditions under which such workers may be temporarily employed and housed in Guam because of a need for their skills which are n ot readily available in Guam. The Rules shall be periodically reviewed by the Department of Labor (the Department ), at least once every two (2) years, and shall include the following: (1) A temporary labor certification issued by the Department shall be limited to one

by the Department of Labor (the Department ), at least once every two (2) years, and shall include the following: (1) A temporary labor certification issued by the Department shall be limited to one (1) employer and only to those projects approved by the Department, shall be non- transferable, and shall be valid only for the speci fic activity COL5/19/202122 GCA BUSINESS REGULATIONS CH. 7 EMPLOYMENT SERVICE LAW 9 designated in the certificate and only for the occu pation specified for each temporary worker covered by the certificate. (2) Civil penalties for violations of the Rules by an employer or by a temporary worker, not to exceed a fine of Five Hundred Dollars ($500) per person for each suc h violation. (b) Any employer who is a persistent violator of th e Rules is guilty of a misdemeanor, and upon conviction shall be imprisoned for not more than six (6) months or shal l pay a fine of not more than Ten Thousand Dollars ($10,000), or shall suffer both such imprisonment and fine. (c) Persistent violator means an employer who commits, with criminal negligence as defined in 9 GCA § 4.30 , a second violation of the Rules and who has been cited and f ined for a previous violation

(c) Persistent violator means an employer who commits, with criminal negligence as defined in 9 GCA § 4.30 , a second violation of the Rules and who has been cited and f ined for a previous violation within any twelve (12) month per iod immediately preceding the second violation. (d) Any employer with a temporary labor certificati on found guilty of intentionally or knowingly violating 4401 7 of this Chapter, or of the Rules, in addition to any sancti ons imposed under such § 7118 and § 7118.1, may have his tempor ary labor certification suspended and be disbarred from any t emporary labor certification program for a period not exceed ing three (3) years. (e) Fines collected by the Department under the pro visions of this section shall be deposited in the Manpower Development Fund to be employed exclusively for the surveillanc e and enforcement operations within the Alien Labor and P rocessing Certification Division and other divisions at the D epartment of Labor with similar tasks. The Director of Labor sha ll complete an annual report of all expenditures and activities under this subsection to the Legislature.

and other divisions at the D epartment of Labor with similar tasks. The Director of Labor sha ll complete an annual report of all expenditures and activities under this subsection to the Legislature. (f) A quota for temporary construction workers ('H- 2Bs') shall be established by the Governor of Guam to con fine the number of such temporary workers to existing job va cancies. COL5/19/202122 GCA BUSINESS REGULATIONS CH. 7 EMPLOYMENT SERVICE LAW 10 (g) No person will be granted a certification to em ploy such non-immigrant alien workers without first obtaining a permit for a workers’ dormitory from the Department of Public Health and Social Services, except that employers employing a minimum number of such workers or workers planning to live with relatives may obtain an exemption from the dormitor y requirement from the Department. No such permit sh all be granted in violation of the zoning law. An applica nt for such a permit must submit complete, detailed plans of the dormitory, site plans and must demonstrate compliance with all applicable health and safety requirements. No employer may wi thhold from his workers’ wages any funds to cover the cost of meals and housing unless the

plans and must demonstrate compliance with all applicable health and safety requirements. No employer may wi thhold from his workers’ wages any funds to cover the cost of meals and housing unless the workers’ housing, the kitche n and dining facilities, and the kitchen workers have all necess ary health and Department permits, and only after the written cons ent of the worker, which consent shall be filed with the Depar tment. The Director of Public Health and Social Services, in c oordination with the Guam Environmental Protection Agency and t he Department, shall cause to be inspected every worke rs’ dormitory at least once every three (3) months. (h) The Department in cooperation with the Departme nt of Public Health and Social Services, the Guam Environ mental Protection Agency, the Department of Revenue and Ta xation and the Guam Contractors License Board shall have a ll necessary investigative powers to carry out the pro visions of this section. (i) No employer of temporary workers regulated unde r this section may withhold such workers’ passports, contr ol such workers’ behavior during non-working hours, or dedu ct from such workers’ wages taxes due governments other tha n

ers regulated unde r this section may withhold such workers’ passports, contr ol such workers’ behavior during non-working hours, or dedu ct from such workers’ wages taxes due governments other tha n the government of Guam or of the United States, except as such deductions are authorized by treaty. (j) In addition to the other penalties provided in this section, any employer who violates any of the provisions of this section may be sued for civil damages by any worker adverse ly affected by such violations, and if such damages are establi shed at trial, such damages shall be trebled and the worker shall be entitled to reasonable attorney’s fees to be paid by the employ er. COL5/19/202122 GCA BUSINESS REGULATIONS CH. 7 EMPLOYMENT SERVICE LAW 11 (k) It shall be unlawful for a non-immigrant temporary worker admitted to Guam under the H-2(b) program to participate in making any determinations as to the recruitment and selection of personnel, or the processing of applications for temporary alien labor certification. Non-immigrant temporary workers admitted to Guam under the H-2(b) program a re expressly prohibited from conducting job interviews , rating job applicants or applications,

alien labor certification. Non-immigrant temporary workers admitted to Guam under the H-2(b) program a re expressly prohibited from conducting job interviews , rating job applicants or applications, or partaking in any oth er activity involving making any determinations concerning the selection of employees. Enforcement. Upon verification by the Department of Labor that a violation of this Subsection has taken place, the Department shall assess a penalty on the employer as prescribed by § 7125, infra . SOURCE : Added by P.L. 21-85:1. Subsection (e) amended by P.L. 23- 106:3. Subsection (k) added by P.L. 31-121:1 (Sept . 30, 2011). § 7119. Non-Immigrant Temporary Worker Registration Fee. (a) The Guam Department of Labor is authorized to collect a non-refundable registration fee of Two Th ousand Ninety-one Dollars ($2,091.00) annually per non-imm igrant temporary worker for each calendar year, or One Hun dred Seventy-four Dollars and Twenty-Five Cents ($174.25 ) per month or any fraction of a month thereof, One Hundr ed Sixty-six Dollars and Sixty-seven Cents ($166.67) representin g the registration fee, and Seven Dollars and Sixty Cents ($7.60) representing the sanitary inspection

n of a month thereof, One Hundr ed Sixty-six Dollars and Sixty-seven Cents ($166.67) representin g the registration fee, and Seven Dollars and Sixty Cents ($7.60) representing the sanitary inspection fees, from the employer of each non-immigrant temporary worker, payable at the time the employer submits the identification application for the non- immigrant worker. (1) Such registration fee shall be based on a time beginning on the day of registration with the DOL a nd no greater than the non-immigrant worker’s authorization to legally stay and work in Guam. (2) In the event that an employer submits the identification application for a worker more than s eventy- two (72) hours after the worker has arrived in Guam , the COL5/19/202122 GCA BUSINESS REGULATIONS CH. 7 EMPLOYMENT SERVICE LAW 12 DOL shall base the registration fee on the arrival date of t he worker in Guam. (b) Funds collected pursuant hereto shall be subject to legislative appropriation, and shall be used solely to support § 7120, Chapter 7, Title 22, GCA, the Manpower Develo pment Fund (MDF), and the Skills Training Programs for Gu am residents in order to eliminate the need to bring n on-immigrant temporary workers on

7120, Chapter 7, Title 22, GCA, the Manpower Develo pment Fund (MDF), and the Skills Training Programs for Gu am residents in order to eliminate the need to bring n on-immigrant temporary workers on Guam; and Chapter 26A Division 2 of Title 10, GCA, the DPHSS Sanitary Inspection Revolv ing Fund, which is used to ensure that the sanitary condition s of the workers’ dormitories is in compliance with DPHSS Ru les and Regulations, and also to provide protection for bot h the general public and the non-immigrant temporary workers as r elated to environmental health concerns. (c) For each non-immigrant temporary worker, Two Thousand Dollars ($2000.00) per annum, or the prora ted amount of One Hundred Sixty-six Dollars and Sixty-seven Ce nts ($166.67) each month, representing the monthly regi stration fee, shall go to the MDF and appropriated pursuant to § 7120 of this Article; the remaining Ninety-one Dollars ($91.00) per annum, or the prorated amount of Seven Dollars and Sixty C ents ($7.60) each month, representing the monthly sanitary inspe ction fee, shall go to the DPHSS Sanitary Inspection Revolving Fund . (d) Renewals.

r the prorated amount of Seven Dollars and Sixty C ents ($7.60) each month, representing the monthly sanitary inspe ction fee, shall go to the DPHSS Sanitary Inspection Revolving Fund . (d) Renewals. In the event that the temporary non- immigrant worker is seeking an extension from the U nited States Citizenship and Immigration Services (USCIS), the G uam Department of Labor may issue a temporary labor ID valid for up to ninety (90) days pending the approval or deni al of his or her extension of stay. (1)At the time the employer submits an application for a renewal of the worker’s registration, the employe r shall submit a police clearance from the Guam Police Depa rtment for the non-immigrant worker. (2) Upon the expiration of the temporary labor ID, the Department of Labor shall collect from the employer a nonrefundable registration renewal fee of One Thous and Forty-five Dollars and Fifty Cents ($1,045.50) for the first COL5/19/202122 GCA BUSINESS REGULATIONS CH. 7 EMPLOYMENT SERVICE LAW 13 six (6) months, with One Thousand Dollars ($1,000.0 0) going to the MDF and Forty-five Dollars and Fifty C ents ($45.50) going to the DPHSS Sanitary Inspection Revolving Fund.

PLOYMENT SERVICE LAW 13 six (6) months, with One Thousand Dollars ($1,000.0 0) going to the MDF and Forty-five Dollars and Fifty C ents ($45.50) going to the DPHSS Sanitary Inspection Revolving Fund. (3) For every additional month approved by USCIS thereafter, the employer shall be charged a prorated registration fee of One Hundred Seventy-four Dollar s and Twenty-five Cents ($174.25) each month pursuant to § 7119(a). (4) The renewal fee shall be prorated based on the time starting from the seventh (7th) month of registrati on and ending at the final month approved by USCIS. (5) In instances where fee waivers are applicable, the Department may adjust the monthly prorated amounts as appropriate. (6) Should the employer receive a denial of the worker’s extension of stay after the initial six (6 )-month registration, the fee shall be prorated based on the time starting from the seventh (7th) month of registrati on and ending on the month in which the employer’s USCIS d enial is dated. (e) The Guam Department of Labor shall waive One Thousand Dollars ($1,000.00) per annum, or the pror ated amount of Eighty-three Dollars and Thirty-four cent s ($83.34) each month, of the fee under §

(e) The Guam Department of Labor shall waive One Thousand Dollars ($1,000.00) per annum, or the pror ated amount of Eighty-three Dollars and Thirty-four cent s ($83.34) each month, of the fee under § 7119(a) and the amou nt stipulated under § 7119(c) and Five Hundred Dollars ($500.00) of the renewal fee for the first six (6) months and Eighty -three Dollars and Thirty-four cents ($83.34) for the monthly pror ated amount under § 7119(d) for each non-immigrant temporary wo rker working exclusively on civilian construction projec ts not related to planned construction projects of the military re alignment occurring on Guam, as indicated in the project summ ary sheet of the employer’s approved temporary labor certificati on, or in business activities not related to construction pro jects on Guam. In cases where the fee is prorated, the Department may adjust the prorated fee amount to account for the waiver. SOURCE : GC § 44018. Added by P.L. 18-43:4. Amended by P.L . 23- COL5/19/202122 GCA BUSINESS REGULATIONS CH. 7 EMPLOYMENT SERVICE LAW 14 106:4 (July 8, 1996), P.L. 29-002:V:VI:1 (May 18, 2 007). Amended by P.L. 30-064:3 (Nov. 27, 2009), effective Jan. 26, 2 010, pursuant to P.L.

GCA BUSINESS REGULATIONS CH. 7 EMPLOYMENT SERVICE LAW 14 106:4 (July 8, 1996), P.L. 29-002:V:VI:1 (May 18, 2 007). Amended by P.L. 30-064:3 (Nov. 27, 2009), effective Jan. 26, 2 010, pursuant to P.L. 30-064:4. Subsection (a) amended by P.L. 30-111:2 (Mar. 12, 2010) and P.L. 34-098:1 (May 14, 2018). Subsection (c) amend ed by P.L. 30-111:3 (Mar. 12, 2010) and P.L. 34-098:2 (May 14, 2018). S ubsections (d) and (e) amended by P.L. 34-098:3 and 4 (May 14, 2018). § 7119.1 Exemption to the Increase of the Fee of Non- Immigrant Temporary Workers. (a) The increase in the registration fee of non-imm igrant temporary workers set forth in this Act, shall not apply to the following contracts: (1) Contracts entered into or awarded prior to enactment of this Act, which were based upon bid aw ards made prior to the passage of this Act that cannot b e amended or renegotiated to accommodate the increase in the registration fee of non-immigrant temporary workers ; and (2) Contracts entered into or awarded after enactme nt of this Act, which were based upon bids or proposal s submitted prior to enactment of this Act that canno t be amended or renegotiated to accommodate the increase in the

o or awarded after enactme nt of this Act, which were based upon bids or proposal s submitted prior to enactment of this Act that canno t be amended or renegotiated to accommodate the increase in the registration fee of non-immigrant temporary workers . (b) For purposes of this Section, each registration claiming an exemption under this Section shall provide the D epartment of Labor with a copy of its bid contract or award unde r which any claimed exemption is being made. (c) The Director of the Department of Labor shall c reate an affidavit form to be completed and submitted con currently with the registration fee of non-immigrant temporar y workers. Said affidavit shall request from the filing employ er all relevant information necessary to properly execute the law a s provided in this Act. SOURCE : Added as uncodified law by P.L. 34-098:6 (May 14, 2018). Codified to this section by the Compiler. § 7120. Manpower Development Fund. (a) There is hereby created in the Guam Department of Labor, a Manpower Development Fund (MDF), which shall remain separate and apart from any other funds of t he COL5/19/202122 GCA BUSINESS REGULATIONS CH.

re is hereby created in the Guam Department of Labor, a Manpower Development Fund (MDF), which shall remain separate and apart from any other funds of t he COL5/19/202122 GCA BUSINESS REGULATIONS CH. 7 EMPLOYMENT SERVICE LAW 15 government of Guam. (b) The MDF is created solely for the purpose of re ceiving territorial, federal, and private money and revenue from registration fees on non-immigrant temporary worker s. (1) Thirty percent (30%) of the annual revenues generated shall be allocated to the Guam Department of Labor. The Department of Labor allocation in the MD F shall be expended exclusively to fund the following: (A) One Hundred Thousand Dollars ($100,000) shall be allocated annually to produce the quarterly 'Unemployment Situation on Guam' report and any other reports relating to labor statistics; (B) legal services in the field of employment and labor law, human resources, or administrative law; (C) workforce development and training programs; and (D) the remaining balance of the Department of Labor’s MDF allocation shall be used for administrative and operational purposes as may be determined by the Director of Labor.

d training programs; and (D) the remaining balance of the Department of Labor’s MDF allocation shall be used for administrative and operational purposes as may be determined by the Director of Labor. (2) Seventy percent (70%) of the annual revenues generated shall be allocated to the Apprenticeship Training Program at the Guam Community College, with the pri mary intent to develop the workforce for positions that have been approved for non-immigrant temporary workers. The G uam Community College allocation in the MDF shall be paid out by the Treasurer of Guam to the Apprenticeship Trai ning Program at Guam Community College, and shall be expended exclusively to fund the following: (A) direct financial assistance to students enrolled in the apprenticeship or pre-apprenticeshi p program who may not qualify for the Free Applicatio n for Federal Student Aid (FAFSA), such as the Pell Grant. Any unused portion of the allocation under t his Subsection shall be returned to the MDF; COL5/19/202122 GCA BUSINESS REGULATIONS CH. 7 EMPLOYMENT SERVICE LAW 16 (B) the administrative and instructional costs for the operation of the apprenticeship training progra ms; (C) facility upgrade and

/19/202122 GCA BUSINESS REGULATIONS CH. 7 EMPLOYMENT SERVICE LAW 16 (B) the administrative and instructional costs for the operation of the apprenticeship training progra ms; (C) facility upgrade and equipment relative to the apprenticeship training programs, and pre- apprenticeship training programs with the Guam Department of Education; and (D) the advertising and outreach programs for the promotion of the apprenticeship training programs. (3) Annual Audit of the Manpower Development Fund. The Public Auditor shall conduct an annual audit of the Manpower Development Fund to ensure compliance with all statutory regulations governing its deposi ts and expenditures. The cost of such audit shall be paid by the Manpower Development Fund. (c) The MDF shall not be used for any purposes other than those enumerated in this Section, and shall be subj ect to legislative appropriation. SOURCE : GC § 44019. Added by P.L. 18-48:5. Amended by P.L . 20- 221:28; P.L. 23-106:5; P.L. 25-123:2; P.L. 29-019: VI:47 (Sept. 29, 2007), P.L. 29-113:VI:22 (Sept. 30, 2008). Amended by P.L. 34-098:5 (May 14, 2018). Subsection (b)(2)(A) amended by P.L . 35-103:6 (Oct. 30, 2020).

106:5; P.L. 25-123:2; P.L. 29-019: VI:47 (Sept. 29, 2007), P.L. 29-113:VI:22 (Sept. 30, 2008). Amended by P.L. 34-098:5 (May 14, 2018). Subsection (b)(2)(A) amended by P.L . 35-103:6 (Oct. 30, 2020). 2018 NOTE: Subsection/subitem designations altered/added purs uant to the authority of 1 GCA § 1606. § 7120.1. Unused MDF Funds. Notwithstanding the general provisions of § 22406 o f Title 5 GCA which requires that unused and de-appropriate d funds revert to the General Fund, or any other provision of Guam law to the contrary, all de-appropriated or unused fund s appropriated from the MDF shall, in all circumstances, be return ed to the MDF and not the General Fund. SOURCE : Added by P.L. 23-106:6. § 7120.2. MDF Status Report. The Director of Administration and the President of Guam Community College shall complete quarterly and annu al reports to the Board of Trustees of the College, the Appren ticeship COL5/19/202122 GCA BUSINESS REGULATIONS CH. 7 EMPLOYMENT SERVICE LAW 17 Advisory Council and the Legislature of the conditi on of, and activity within, the MDF. SOURCE : Added by P.L. 23-106:6. § 7121. Repatriation Guaranty Bond.

GULATIONS CH. 7 EMPLOYMENT SERVICE LAW 17 Advisory Council and the Legislature of the conditi on of, and activity within, the MDF. SOURCE : Added by P.L. 23-106:6. § 7121. Repatriation Guaranty Bond. The Department of Labor shall require from all H-2 employers a Repatriation Guaranty Bond equivalent t o the cost of transportation for the H-2 worker going back to point of origin. SOURCE : GC § 44020. Added by P.L. 18-48:6. § 7122. Performance and Payment Bond. The Department of Labor shall require from all H-2 employers a performance and payment bond equivalent to four percent (4%) of the gross cost of the project to gu aranty payment of wages and other incidental costs related to wage s. SOURCE : GC § 44021. Added by P.L. 18-48:7. § 7123. When Bond Required. The Repatriation guaranty Bond and the performance and payment bond of Sections 7121 and 7122, respectivel y of this Chapter, shall be required prior to the issuance of labor certification. SOURCE : GC § 44022. Added by P.L. 18-43:8. § 7124. Prevailing Wages. The Department of Labor shall disqualify an employe r from any non-immigrant worker program if found in violat ion of the statutory obligation to pay the correct wage

-43:8. § 7124. Prevailing Wages. The Department of Labor shall disqualify an employe r from any non-immigrant worker program if found in violat ion of the statutory obligation to pay the correct wage rate t o the workers employed at such employer’s establishment. SOURCE : GC § 44023. Added by P.L. 21-85:2. § 7125. Penalties. The Department of Labor shall impose a penalty of n ot less than One Thousand Dollars ($1,000) or more than Twe nty-five Thousand Dollars ($25,000) and disbarment from empl oying any aliens under any of the non-immigrant worker progra ms for a period of two (2) years plus back wages on any empl oyer found COL5/19/202122 GCA BUSINESS REGULATIONS CH. 7 EMPLOYMENT SERVICE LAW 18 in violation of statutory obligations with respect to the employment of aliens. SOURCE : GC § 44024. Added by P.L. 21-85:3. § 7126. Testing of Temporary Workers’ Skills. The Department of Labor shall, on a random basis, t est the skills of non-immigrant temporary workers to make c ertain that they have the skills set out in their labor certifi cation applications. (a) When a non-immigrant temporary worker is found in such random testing to be unskilled, all such te mporary workers of such

they have the skills set out in their labor certifi cation applications. (a) When a non-immigrant temporary worker is found in such random testing to be unskilled, all such te mporary workers of such worker’s employer shall be tested a nd disqualified as necessary. (b) The Department of Labor may, if probable cause exists that unqualified non-immigrant temporary wor kers are employed by a particular employer, test any or all the non-immigrant temporary workers of that particular employer. (c) Where such tests demonstrate a significant lack of the skills they should possess the Department of La bor shall disqualify such employees from further employment o n Guam and shall treat such employees’ employers as b eing in violation of this Chapter, unless (1) the employer has reported the deficiency to the Department of Labor and (2) has committed no other violation of this Chapter or any other territorial or Federal labor l aw. (d) The Director of Labor shall, pursuant to the Administrative Adjudication Law, promulgate all nec essary rules and regulation to govern the methods of testi ng for skills, the languages in which such tests shall be given, and such other matters as are

strative Adjudication Law, promulgate all nec essary rules and regulation to govern the methods of testi ng for skills, the languages in which such tests shall be given, and such other matters as are appropriate to such testi ng program. SOURCE : GC § 44025. Added by P.L. 21-85:4. 2018 NOTE: Subsection/subitem designations added/altered purs uant to the authority of 1 GCA § 1606. COL5/19/202122 GCA BUSINESS REGULATIONS CH. 7 EMPLOYMENT SERVICE LAW 19 NOTE : §§ 44017.1, 44018 and 44019 as well as §§ 44019.1 and 44019.2 of the Government Code has now been recodified into Title 22, Guam Code Annotated in order to update the current GCA’s . Section 44017.1 is now § 7118.1 of 22 GCA; § 44018 is now § 7119 of 22 GCA, and § 44019 is now § 7120 of 22 GCA. Section 44019.1 is n ow § 7120.1 and § 44019.2 is now § 7120.2 of 22 GCA. Amended by the C ompiler of Laws. ----------- ARTICLE 2 COMMERCIAL EMPLOYMENT AGENCIES § 7201. Short Title. § 7202. Definitions. § 7203. License Required. § 7204. License Fee. § 7205. Bond. § 7206. Application for License. § 7207. Issuance of License. § 7208. Termination of License. § 7209. Posting. § 7210. Records and Reports. § 7211. Fees. § 7212. Prohibitions.

ense Fee. § 7205. Bond. § 7206. Application for License. § 7207. Issuance of License. § 7208. Termination of License. § 7209. Posting. § 7210. Records and Reports. § 7211. Fees. § 7212. Prohibitions. § 7213. Restitution of Illegal Fees. § 7214. Director’s Rights. § 7215. Revocation and Cancellation. § 7216. Reconsideration. § 7217. Appeals from Director’s Decision. § 7218. (Vacant) § 7219. Stay of Enforcement. § 7220. Rules and Regulations. § 7221. Penalties. § 7201. Short Title. This Act may be cited as the Commercial Employment Agencies Regulatory Law . SOURCE : GC § 48300. This entire Article was added by P.L. 13-206, and all source references will be to that Public La w, unless the section involved has been later amended, repealed or is an addition. COL5/19/202122 GCA BUSINESS REGULATIONS CH. 7 EMPLOYMENT SERVICE LAW 20 § 7202. Definitions. As used in this Chapter: (a) Director means the Director of Labor. (b) Employment agency means any individual, agent, partnership, corporation or association, engaged in the business of providing employment information, procu ring employment for applicants or procuring employees fo r placement with employers upon request, for a fee or other

or association, engaged in the business of providing employment information, procu ring employment for applicants or procuring employees fo r placement with employers upon request, for a fee or other valuable thing, exacted, charged or received, but s hall not include the United States or the territory of Guam or instrumentalities thereof. (c) Employer includes any individual, agent, partnership, corporation or association, employing or seeking to employ any person for hire. (d) Applicant means any person who uses the services of an employment agency to secure employment for himself. (e) Gross wages, salaries or commissions means the gross amount of the applicant’s actual earnings fro m employment. SOURCE : GC § 48301. § 7203. License Required. No employment agency shall engage in business witho ut a license obtained under this Chapter. Further, all l icenses shall be issued in accordance with rules and regulations pro mulgated by the Director of Labor, such rules and regulations s hall be in accordance with the Administrative Adjudication Act . SOURCE : GC § 48302. § 7204. License Fee.

th rules and regulations pro mulgated by the Director of Labor, such rules and regulations s hall be in accordance with the Administrative Adjudication Act . SOURCE : GC § 48302. § 7204. License Fee. Every employment agency shall pay an annual license fee of Twenty-Five Dollars ($25.00): (a) The fee shall be paid to the Director of Labor on or before July 1 of each year; COL5/19/202122 GCA BUSINESS REGULATIONS CH. 7 EMPLOYMENT SERVICE LAW 21 (b) Failure to pay the annual license fee shall con stitute a forfeiture of license; (c) Fees collected by the Director shall be deposit ed in the General Fund. SOURCE : GC § 48303 § 7205. Bond. Each licensed employment agency shall give and keep in force a bond with the Director of Labor on the pena l sum of Five Thousand Dollars ($5,000.00) with good and sufficie nt surety or sureties approved by the Director, conditioned: (a) That the licensee shall not violate the Chapter ; (b) That the licensee shall faithfully, promptly an d truly refund all fees illegally or incorrectly obta ined from applicant to the Director. SOURCE : GC § 48304. § 7206. Application for License.

; (b) That the licensee shall faithfully, promptly an d truly refund all fees illegally or incorrectly obta ined from applicant to the Director. SOURCE : GC § 48304. § 7206. Application for License. Every individual, agent, partnership, corporation o r association seeking a license to operate an employm ent agency shall file a written application with the Director of Labor which shall contain such information and shall be in such form as the Director may prescribe. SOURCE : GC § 48305. § 7207. Issuance of License. (a) Upon receipt of an application for a license to conduct an employment agency, the Director of Labor may ord er the issuance of the license provided that the applicati on is complete and in proper form. (b) Every license issued shall be valid only as to the employment agency and premises named therein. The l ocation of an employment agency shall not be changed without t he written consent of the Director and such change of location shall be endorsed on the license. (c) The license shall not be transferable except on approval of the Director. COL5/19/202122 GCA BUSINESS REGULATIONS CH. 7 EMPLOYMENT SERVICE LAW 22 SOURCE : GC § 48306.

be endorsed on the license. (c) The license shall not be transferable except on approval of the Director. COL5/19/202122 GCA BUSINESS REGULATIONS CH. 7 EMPLOYMENT SERVICE LAW 22 SOURCE : GC § 48306. 2018 NOTE: Subsection designations added pursuant to the auth ority of 1 GCA § 1606. § 7208. Termination of License. Every license to conduct an employment agency shall be valid under the terms set forth in the license. The license shall expire on June 30 of each year. SOURCE : GC § 48307. § 7209. Posting. Every license to conduct an employment agency toget her with a copy of the fee schedule shall be posted in a conspicuous place in the main room of the agency. SOURCE : GC § 48308. § 7210. Records and Reports. Every employment agency shall keep records and make such reports with respect to the operation of the b usiness as the Director of Labor by rule or regulation may prescri be. Such records as required by regulation shall be preserve d by the agency and kept in the office of the employment age ncy for a period of at least two (2) years. SOURCE : GC § 48309. § 7211. Fees. The Director of Labor shall have the power to make rules and regulations as to the fees that employment agen

loyment age ncy for a period of at least two (2) years. SOURCE : GC § 48309. § 7211. Fees. The Director of Labor shall have the power to make rules and regulations as to the fees that employment agen cies may charge. No employment agency shall charge, receive or attempt to collect any fee in excess of that established by the Director, provided that no fee shall be charged unless it sha ll be stated as a percentage of an amount actually received by an emp loyee. SOURCE : GC § 48310. § 7212. Prohibitions. No employment agency licensed under this Chapter an d no agent or employee of an employment agency shall do, make or cause to be made or done any of the following acts herein prohibited and every such employment agency, its ag ents and COL5/19/202122 GCA BUSINESS REGULATIONS CH. 7 EMPLOYMENT SERVICE LAW 23 employees shall do and perform every act, duty or r equirement hereinafter prescribed: (a) No employment agency shall cause to be printed, published or circulated any false, fraudulent, or m isleading information, notice or advertisement, nor shall an employment agency give or cause to be made or given any false promise, misrepresentation or misleading stat ement or information.

nt, or m isleading information, notice or advertisement, nor shall an employment agency give or cause to be made or given any false promise, misrepresentation or misleading stat ement or information. (b) No employment agency shall send out any applicant for employment without having first obtai ned either orally or in writing a bona fide job order f rom the prospective employer. (c) No employment agency shall knowingly send out any applicant for employment to any place where a s trike, walk-out or other labor dispute exists without firs t furnishing the applicant with a written statement a s to the existence of the labor dispute, and the employment agency shall retain on file for two (2) years after the da te thereof, a copy of the statement of fact, signed by the applic ant so sent. (d) No employment agency shall divide or share, or offer to divide or share with any employer, his emp loyees, agents or representatives, any fee, charge or compe nsation received from any applicant. No employment agency s hall cause or attempt to cause the discharge of any pers on not an employee of the employment agency for the purpose o f obtaining other employment through the agency for s uch

No employment agency s hall cause or attempt to cause the discharge of any pers on not an employee of the employment agency for the purpose o f obtaining other employment through the agency for s uch person. (e) No employment agency shall send out any minor o r female applicant for employment without making an investigation of the nature of the employment or engagement and the duties thereof and reputation of the employer. No employment agency shall wilfully or knowingly send or direct any female applicant for employment or any minor to any employment of an immoral character. No employment agency shall wilfu lly or knowingly procure or place or attempt to place any minor in COL5/19/202122 GCA BUSINESS REGULATIONS CH. 7 EMPLOYMENT SERVICE LAW 24 any employment in any place where intoxicating liqu ors are served or sold. (f) No employment agency shall wilfully or knowingl y place or assist in placing any applicant in employm ent in violation of any law of Guam or any lawful order, r ule or regulation prescribed by the Director of Labor. (g) No employment agency shall require an applicant to pay any advance fee or any other fee, deposit or compensation other than as prescribed in

ule or regulation prescribed by the Director of Labor. (g) No employment agency shall require an applicant to pay any advance fee or any other fee, deposit or compensation other than as prescribed in this Chapt er. (h) No employment agency shall display on any sign or window or in any publication the name 'United State s Employment Service' or 'Guam Employment Service.' (i) No employment agency or any person connected therewith shall receive or require any applicant to execute any power of attorney, promissory note, negotiable instrument, assignment of wages or salary, note aut horizing a confession of judgment or any instrument or docum ent relating to the liability of the applicant, unless this instrument or other document has been approved both as to form and content by the Director or his authorized representative. (j) No employment agency may collect any fee or charge for any referral service or any assistance i n connection with any persons securing employment wit h the government of Guam or the Federal government or ent rance into any program or job which is partially or total ly funded by the government of Guam or the Federal government . SOURCE : GC § 48311. § 7213.

ernment of Guam or the Federal government or ent rance into any program or job which is partially or total ly funded by the government of Guam or the Federal government . SOURCE : GC § 48311. § 7213. Restitution of Illegal Fees. Whenever in the course of an investigation made pur suant to this Chapter, it is determined that there has be en an illegal collection of fees, the employment agency shall ref und the fee illegally collected upon the order of the Director of Labor or his authorized representative. Failure to refund the fe e shall constitute a violation of this Chapter subject to t he penalties provided herein. COL5/19/202122 GCA BUSINESS REGULATIONS CH. 7 EMPLOYMENT SERVICE LAW 25 SOURCE : GC § 48312. § 7214. Director’s Rights. The Director of Labor and his authorized representa tives may enter any office, building, premises or other p lace in which an employment agency is operated for the purpose of making investigations for the proper enforcement of this C hapter and such rules and regulations as the Director may pres cribe. No person shall refuse the Director or his authorized representative admittance to any such office, building, premises o r other place.

and such rules and regulations as the Director may pres cribe. No person shall refuse the Director or his authorized representative admittance to any such office, building, premises o r other place. The Director and his authorized representatives sha ll for the purpose of examination have access to and the right to copy any book, account, receipt, contract or other paper or document relating to the business of conducting an employmen t agency. Every person shall furnish to the Director or his a uthorized representative such information relating to the bus iness of conducting and employment Agency. The rights as spe cified above shall be limited to regular business hours an d at such other times as the Director feels will be necessary effec tuate to the purpose of this Chapter. SOURCE : GC § 48313. § 7215. Revocation and Cancellation. Any license may be revoked or canceled for cause at any time by the Director of Labor after affording all i nterested parties reasonable opportunity for a fair hearing. Cause me ans violation of this Chapter or rule or regulation of the Direct or. SOURCE : GC § 48314. § 7216. Reconsideration.

fording all i nterested parties reasonable opportunity for a fair hearing. Cause me ans violation of this Chapter or rule or regulation of the Direct or. SOURCE : GC § 48314. § 7216. Reconsideration. In the absence of appeal and within ten (10) days a fter mailing or delivery of notice of decision made purs uant to §§ 7207 and 7215 to the parties entitled thereto, the Director of Labor may, for good cause, on his own motion or upo n application of any interested party reconsider the decision. Upon an application for reconsideration the Director sha ll promptly reconsider the decision or, upon his own motion tra nsfer the application to the appeal board. Upon transfer the application COL5/19/202122 GCA BUSINESS REGULATIONS CH. 7 EMPLOYMENT SERVICE LAW 26 shall be deemed to constitute an appeal from the Di rector’s decision as of the date of the application. SOURCE : GC § 48315. § 7217. Appeals from Director’s Decision. Any person deeming himself aggrieved by the decisio n of the Director of Labor made pursuant to this Chapter may appeal from the decision by filing a written notice of app eal within ten (10) days after mailing or delivery of notice of de cision with the Superior

ector of Labor made pursuant to this Chapter may appeal from the decision by filing a written notice of app eal within ten (10) days after mailing or delivery of notice of de cision with the Superior Court. The Superior Court shall hold a ful l hearing de novo on the appeal and make its decision in writing which shall be filed with the record of the proceedings. SOURCE : GC § 48316. § 7218. [Vacant]. SOURCE : GC § 48317. Vacant in original Act. § 7219. Stay of Enforcement. In no case shall an application for reconsideration or an appeal to the Superior Court operate as a supersede s or stay unless the Superior Court so orders. SOURCE : GC § 48318. § 7220. Rules and Regulations. The Director of Labor relations may make, amend, or repeal such rules and regulations as he may deem proper to fully effectuate this Chapter. SOURCE : GC § 48319. § 7221. Penalties. Any employment agency which violates this Chapter i s punishable upon conviction by a fine of not more th an One Thousand Dollars ($1,000.00) or imprisonment for no t more than six (6) months, or both. SOURCE : GC § 48320. ---------- COL5/19/2021