Chapter 9

5 GCA GOVERNMENT OPERATIONS CH. 9 A DMINISTRATIVE ADJUDICATION LAW 1 CHAPTER 9 ADMINISTRATIVE ADJUDICATION LAW NOTE: This Chapter was included in the original Governme nt Code of Guam enacted by P.L. 1-88 in 1952. In listing the s ource of sections in this chapter, only amendments will be listed. No further reference to P.L. 1-88 is necessary. Article 1. Definitions. Article 2. General Provisions. Article 3. Rule-Making Procedures. ARTICLE 1 DEFINITIONS § 9100. Citation. § 9101. Definitions. § 9102. Agency. § 9103. Agency Member. § 9104. Party. § 9105. Respondent. § 9106. Hearing Officer. § 9107. Rule. § 9107.1. Rule: Definition Expanded to Include Guam Exclusive Economic Zone (EEZ) Agreements. § 9108. Administrative Adjudication. NOTE: The word Act has been changed where appropriate to law to conform with the usage of this Code. § 9100. Citation. This Chapter shall be known and may be cited as the Administrative Adjudication Law . SOURCE: GC § 24000. § 9101. Definitions. Unless the context otherwise requires, the definiti ons set forth in this Chapter govern its construction. SOURCE: GC § 24001. COL112820175 GCA GOVERNMENT OPERATIONS CH.

§ 24000. § 9101. Definitions. Unless the context otherwise requires, the definiti ons set forth in this Chapter govern its construction. SOURCE: GC § 24001. COL112820175 GCA GOVERNMENT OPERATIONS CH. 9 A DMINISTRATIVE ADJUDICATION LAW 2 § 9102. Agency. The word agency whenever used in this Chapter, shal l mean and include any board, commission, department, division , bureau or officer of the territory of Guam authorized by law to make rules or adjudicate contested cases. Agency does not include any entity in the legislative and judicial branches and for the purposes of establish ing charges of utility services, it does not include the Guam Power Author ity or the Guam Waterworks Authority. SOURCE: GC § 24002 amended by P.L. 9-69, 13-40 and 16-119. Repealed and reenacted by P.L. 27-110:2. § 9103. Agency Member. Agency member means any person who is a member of any agency to which this Chapter is applicable. SOURCE: GC § 24003. § 9104. Party. Party includes the agency, the respondent and any person other than an officer or an employee of the agency in his offi cial capacity who has been allowed to appear in the proceeding. SOURCE: GC § 24004. § 9105. Respondent.

y, the respondent and any person other than an officer or an employee of the agency in his offi cial capacity who has been allowed to appear in the proceeding. SOURCE: GC § 24004. § 9105. Respondent. Respondent means any person against whom an accusation is fil ed or against whom a statement of issues is filed purs uant to this Chapter. SOURCE: GC § 24005. § 9106. Hearing Officer. Hearing officer means a hearing officer qualified under this Chapter. SOURCE: GC § 24006. § 9107. Rule. The word rule means any rule, regulation, standard, classificati on, procedure or requirement of any agency designed to have or having the effect of law or interpreting, supplementing or imp lementing any law enforced or administered by it, including any regul ation under which the agency makes charges for services it provides, or t o govern its organization or procedure, but does not include reg ulations, resolutions COL112820175 GCA GOVERNMENT OPERATIONS CH. 9 A DMINISTRATIVE ADJUDICATION LAW 3 or directions relating solely to internal policy, i nternal agency organization or internal procedure which do not dir ectly affect the rights of or procedures available to the public and does n ot include

ections relating solely to internal policy, i nternal agency organization or internal procedure which do not dir ectly affect the rights of or procedures available to the public and does n ot include administrative adjudication. SOURCE: GC § 24007 added by P.L. 9-69; amended by P.L. 13- 40, 16-49 and 16- 119. § 9107.1. Rule: Definition Expanded to Include Guam Exclusive Economic Zone (EEZ) Agreements. The term rule , as used in this Chapter, shall include any propos ed cooperative agreements and other agreements authori zed pursuant to 1 GCA § 402. SOURCE: Added by P.L. 23-17:7 (05/25/95). COMMENT: The addition of this section was part of a law bri nging Guam’s claim to the EEZ into conformance with the :aw of the Sea international agreement. § 9108. Administrative Adjudication. Administrative adjudication means that administrative investigation, hearing and determination by any agency of issues o r cases applicable to particular parties. SOURCE: GC § 24008 added by P.L. 13-40, approved July 1, 1 975. ---------- ARTICLE 2 GENERAL PROVISIONS § 9200. Applicability. § 9201. Hearing: Initiation. § 9202. Same: Statement of Issues. § 9203. Verification. § 9204. Jurisdiction. § 9205.

roved July 1, 1 975. ---------- ARTICLE 2 GENERAL PROVISIONS § 9200. Applicability. § 9201. Hearing: Initiation. § 9202. Same: Statement of Issues. § 9203. Verification. § 9204. Jurisdiction. § 9205. Notice of Defense: Content. § 9206. Time for Filing Notice. § 9207. Effect of Filing Notice. § 9208. Notice Deemed a Denial. § 9209. Notice to be in Writing. § 9210. Service. § 9211. Notice: Content. § 9212. Service: Means. COL112820175 GCA GOVERNMENT OPERATIONS CH. 9 A DMINISTRATIVE ADJUDICATION LAW 4 § 9213. Accusation: Statement of Issues. § 9214. Accusation: Amendment: Voluntary. § 9215. Hearing: Time and Place. § 9216. Hearing: Notice: Form. § 9217. Subpoena. § 9218. Depositions. § 9219. Oaths. § 9220. Hearing Officer. § 9221. Hearing Officer: Powers, Duties. § 9222. Disqualification of Hearing Officer. § 9223. Continuances. § 9224. Oral Evidence. § 9225. Rights of Parties. § 9226. Hearing: Rules. § 9227. Evidence: Cross-Examination. § 9228. Evidence: Judicial Notice. § 9229. Accusation: Amendment: Ordered. § 9230. Hearing Before Agency. § 9231. Vote. § 9232. Decision. § 9233. Decision: Effective Date. § 9234. Evidence: Notice of Defense Not Filed. § 9235. Reconsideration.

ccusation: Amendment: Ordered. § 9230. Hearing Before Agency. § 9231. Vote. § 9232. Decision. § 9233. Decision: Effective Date. § 9234. Evidence: Notice of Defense Not Filed. § 9235. Reconsideration. § 9236. Petition to Reduce Penalty. § 9237. Decision: Notice of to Public Officer. § 9238. Contempt. § 9239. Decision: Conclusive. § 9240. Decision: Review. § 9241. Review: Procedure. § 9242. Expenditures. § 9200. Applicability. The procedure of any agency shall be conducted purs uant to the provisions of this Chapter in any proceeding before an agency in which legal rights, duties or privileges of specific part ies are required by law to be determined after an agency hearing. SOURCE: GC § 24100 enacted 1952; amended by P.L. 9-69. § 9201. Hearing: Initiation. COL112820175 GCA GOVERNMENT OPERATIONS CH. 9 A DMINISTRATIVE ADJUDICATION LAW 5 A hearing to determine whether an authority, licens e privilege or right should be conditioned, limited, suspended or revoked shall be initiated by filing an accusation. The accusation s hall be a written statement of charges which shall set forth in ordin ary and concise language the acts or omissions with which the respo ndent is charged and the

ling an accusation. The accusation s hall be a written statement of charges which shall set forth in ordin ary and concise language the acts or omissions with which the respo ndent is charged and the statutes and regulations which the respondent i s alleged to have violated. SOURCE: GC § 24101. § 9202. Same: Statement of Issues. A hearing to determine whether an authority, licens e privilege or right should be granted, issued or renewed shall be initiated by filing a statement of issues. The statement of issues shall be a written statement specifying the statutes and regulations with which the respondent must show compliance by producing proof at the hearing, and in addition, any particular matters which have come to the attention of the initiating party and which would authorize a denial of the agency ac tion sought. SOURCE: GC § 24102. § 9203. Verification. Unless made by a public officer acting in his offic ial capacity or by an employee of the agency before which the proceedi ng is to be held, the accusation and statement of issues shall be verifie d. The verification may be on information and belief. SOURCE: GC § 24103. CROSS-REFERENCES: See 6 GCA § 3202, § 4308. § 9204.

ng is to be held, the accusation and statement of issues shall be verifie d. The verification may be on information and belief. SOURCE: GC § 24103. CROSS-REFERENCES: See 6 GCA § 3202, § 4308. § 9204. Jurisdiction. The agency acquires jurisdiction of the respondent by service of a copy of the accusation or statement of issues, or i f the hearing is held at the request of the respondent, by the filing of a p etition for hearing by respondent. SOURCE: GC § 24104. § 9205. Notice of Defense: Content. Within fifteen (15) days after service upon him of the accusation, the respondent may file with the agency a notice of defense in which he may: (a) Request a hearing. COL112820175 GCA GOVERNMENT OPERATIONS CH. 9 A DMINISTRATIVE ADJUDICATION LAW 6 (b) Object to the accusation upon the ground that i t does not state acts or omissions upon which the agency may p roceed. (c) Object to the form of the accusation on the gro und that it is so indefinite or uncertain that he cannot identify the transaction or prepare his defense. (d) Admit the accusation in whole or in part. (e) Prepare a new matter by way of defense. SOURCE: GC § 24105. § 9206. Time for Filing Notice.

e cannot identify the transaction or prepare his defense. (d) Admit the accusation in whole or in part. (e) Prepare a new matter by way of defense. SOURCE: GC § 24105. § 9206. Time for Filing Notice. Within the period specified respondent may file one or more notices of defense upon any or all of the enumerated ground s, but unless the agency in its discretion authorizes the filing of a later notice, all such notices shall be filed within the period specified. SOURCE: GC § 24106. § 9207. Effect of Filing Notice. If respondent files a notice of defense within the period specified, he shall be entitled to a hearing on the merits. Failu re to file a notice of defense or to file within the period specified shal l constitute a waiver of respondent’s right to a hearing, but the agency in its discretion may nevertheless grant a hearing. SOURCE: GC § 24107. § 9208. Notice Deemed a Denial. A notice of defense shall be deemed a specific deni al of all parts of the accusation not expressly admitted. Unless objec tion is taken as provided in § 9205(c) all objections to the form of the accusation shall be deemed waived. SOURCE: GC § 24108. § 9209. Notice to be in Writing.

n not expressly admitted. Unless objec tion is taken as provided in § 9205(c) all objections to the form of the accusation shall be deemed waived. SOURCE: GC § 24108. § 9209. Notice to be in Writing. The notice of defense shall be in writing signed by or on behalf of the respondent and shall state his mailing address. It need not be verified or follow any particular form. SOURCE: GC § 24109. § 9210. Notice Served of Accusation. COL112820175 GCA GOVERNMENT OPERATIONS CH. 9 A DMINISTRATIVE ADJUDICATION LAW 7 The agency shall include with the copy of accusatio n served on respondent a form notice of defense entitled as suc h which may be a post card or other form in the discretion of the agency. In addition, the agency shall include in or with the copy of accusation ser ved, a notice that respondent may request a hearing by filing a notice of defense within fifteen (15) days after service upon him of the acc usation, and that failure to do so will constitute a waiver of right to a hea ring. The notice of defense form, when signed by or on behalf of respon dent and returned to the agency, will constitute a notice of defense. SOURCE: GC § 24110. § 9211. Notice: Content.

ght to a hea ring. The notice of defense form, when signed by or on behalf of respon dent and returned to the agency, will constitute a notice of defense. SOURCE: GC § 24110. § 9211. Notice: Content. The notice served with the accusation informing res pondent of an opportunity for hearing shall be substantially in t he following form: Unless a written request for a hearing signed by or on behalf of the person named as respondent in the accompanyi ng accusation is delivered or mailed to the agency wit hin fifteen (15) days after the accusation was personally serve d on you or mailed to you, (here insert name of agency) may proceed upon the accusation without a hearing. The request for hearing may be made by delivering or mailing the en closed form entitled ‘Notice of Defense,’ or by delivering or mailing a notice of defense as provided in § 9205 t o: (insert here name and address of agency). SOURCE: GC § 24111. § 9212. Service of Accusation: Means. The accusation and all accompanying papers may be s ent to respondent by any means selected by the agency. But unless the respondent has been served personally or by registe red mail or by leaving a copy of the accusation and

ompanying papers may be s ent to respondent by any means selected by the agency. But unless the respondent has been served personally or by registe red mail or by leaving a copy of the accusation and accompanying p apers at his usual place of residence, or at his place of business, wi th some person of suitable age and discretion residing or working the rein, or he shall have filed a notice of defense or otherwise appeared, th e agency shall not make an order affecting adversely any rights of the respondent. Service may be proved in the manner authorized in civil act ions. Service by registered mail shall be effective if a statute or agency regulation requires respondent to file his address with the agency and to notify the agency of any change, and if a registered letter containing t he accusation and accompanying papers is mailed, addressed to respond ent at the latest COL112820175 GCA GOVERNMENT OPERATIONS CH. 9 A DMINISTRATIVE ADJUDICATION LAW 8 address on file with the agency. Service shall be m ade by any officer or employee of the agency or may be made by any person age eighteen (18) or over who has been authorized by the agency. SOURCE: GC § 24112 amended by P.L. 3-26.

Service shall be m ade by any officer or employee of the agency or may be made by any person age eighteen (18) or over who has been authorized by the agency. SOURCE: GC § 24112 amended by P.L. 3-26. § 9213. Accusation: Statement of Issues. The statement of issues may be served and proof of service made in the same manner as in the case of an accusation. Ho wever, if the respondent requests the hearing, the agency shall d eliver or mail the statement of issues together with notice of hearing to the parties as provided in § 9216. SOURCE: GC § 24113. § 9214. Accusation: Amendment: Voluntary. At any time before the matter is submitted for deci sion, the agency may file or permit the filing of an amended or supp lemental accusation. All parties shall be notified. If the amended or su pplemental accusation presents new charges the agency shall afford respon dent a reasonable opportunity to prepare his defense thereto, but unl ess the agency in its discretion so orders, he shall not be entitled to f ile a further pleading. Any new charges shall be deemed controverted, and a ny objections to the amended or supplemental accusation may be made oral ly and shall be noted in the record.

entitled to f ile a further pleading. Any new charges shall be deemed controverted, and a ny objections to the amended or supplemental accusation may be made oral ly and shall be noted in the record. SOURCE: GC § 24114. § 9215. Hearing: Time and Place. The agency shall determine the time and place of he aring. SOURCE: GC § 24115. § 9216. Hearing: Notice: Form. The agency shall deliver or mail a notice of hearin g to all parties at least ten (10) days prior to the hearing. The heari ng shall not be prior to the expiration of the time within which the respond ent is entitled to file a notice of defense. The notice to respondent shall b e substantially in the following form but may include other information: You are hereby notified that a hearing will be held before (here insert name of agency) at (here insert place of hearing) on the _______ day of _______________, 20____, at t he hour of ________, upon the charges made in the accu sation COL112820175 GCA GOVERNMENT OPERATIONS CH. 9 A DMINISTRATIVE ADJUDICATION LAW 9 served upon you. You may be present at the hearing, may be but need not be represented by counsel, may present any relevant evidence, and will be given full opportuni

DMINISTRATIVE ADJUDICATION LAW 9 served upon you. You may be present at the hearing, may be but need not be represented by counsel, may present any relevant evidence, and will be given full opportuni ty to cross- examine all witnesses testifying against you. You a re entitled to the issuance of subpoenas to compel the attendan ce of witnesses and the production of books, documents or other things by applying to (here insert appropriate offi ce of agency). SOURCE: GC § 24116. § 9217. Subpoena. (a) Before the hearing has commenced the agency sha ll issue subpoenas and subpoenas duces tecum at the request of any party in accordance with the provisions of §1985 of the Code of Civil Procedure. After the hearing has commenced the agency hearing a case or a hearing officer sitting alone may issue subpoenas and subpo enas duces tecum. (b) The process issued pursuant to Subsection (a) s hall extend to all parts of Guam and shall be served in accordance wit h the provisions of §§1987 and 1988 of the Code of Civil Procedure. (c) All witnesses appearing pursuant to subpoena, o ther than the parties or officers or employees of the Government, shall receive fees at the rate of Six Dollars

988 of the Code of Civil Procedure. (c) All witnesses appearing pursuant to subpoena, o ther than the parties or officers or employees of the Government, shall receive fees at the rate of Six Dollars ($6.00) per day or Three Do llars ($3.00) for each half (1/2) day or part thereof that the witness app ears. The party at whose request the witness is subpoenaed shall pay the fee of the witness. SOURCE: GC § 24117. § 9218. Depositions. On the verified petition of any party, an agency ma y order that the testimony of any material witness residing within o r without the territory of Guam be taken by deposition in the manner prescr ibed by law for depositions in civil actions. The petition shall se t forth the nature of the pending proceedings; the name and address of the wi tness whose testimony is desired, a showing of the materiality of his testimony, a showing that the witness will be unable or cannot b e compelled to attend; and shall request an order requiring the witness to appear and testify before an officer named in the petition for that pu rpose. Where the witness resides outside the territory of Guam and w here the agency has ordered the taking of his testimony by

appear and testify before an officer named in the petition for that pu rpose. Where the witness resides outside the territory of Guam and w here the agency has ordered the taking of his testimony by deposition, the agency shall obtain COL112820175 GCA GOVERNMENT OPERATIONS CH. 9 A DMINISTRATIVE ADJUDICATION LAW 10 an order of court to that effect by filing a petiti on therefor in the Superior Court. SOURCE: GC § 24118. District Court changed to Superior Court by reason of P.L. 12-85, the Court Reorganization Act. § 9219. Oaths. In any proceedings under this Chapter, any agency, agency member, secretary of an agency or hearing officer has power to administer oaths and affirmations and to certify to official acts. SOURCE: GC § 24119. § 9220. Hearing Officer. (a) Hearing Officer. A hearing officer shall presid e over every hearing in a contested case. Except in the case of hearings before the Workers’ Compensation Commission, the hearing offic er shall be an attorney and may be an attorney in full time servic e of the government of Guam. The Attorney General has power to assign a s taff of hearing officers for the purpose of hearing contested cases .

an attorney and may be an attorney in full time servic e of the government of Guam. The Attorney General has power to assign a s taff of hearing officers for the purpose of hearing contested cases . For hearings before the Workers’ Compensation Commission, the Commissio ner of the Workers’ Compensation Commission shall serve as hea ring officer unless disqualified. (b) For hearing before the Workers’ Compensation Co mmission, the hearing officer may obtain services of a consul tant proven to be knowledgeable with the Workers’ Compensation laws, rules and regulations for the purpose of conducting such hear ings. (c) For hearings before the Workers’ Compensation C ommission, in the event that such consultant is not available, the hearing officer may retain services of an attorney, or a law firm, to a ssist the hearing officer in conducting hearings. SOURCE: GC § 24120. Amended by P.L. 26-30:1. § 9221. Hearing Officer’s Powers, Duties. A case may be heard by the agency with a hearing of ficer or by the hearing officer alone in the discretion of the agen cy. When the agency hears the case with a hearing officer, the hearing officer shall preside, rule on the admission and exclusion

f ficer or by the hearing officer alone in the discretion of the agen cy. When the agency hears the case with a hearing officer, the hearing officer shall preside, rule on the admission and exclusion of evidence, an d advise the agency on matters of law; the agency shall exercise all ot her powers relating to the conduct of the hearing but may delegate any or all of them to the COL112820175 GCA GOVERNMENT OPERATIONS CH. 9 A DMINISTRATIVE ADJUDICATION LAW 11 hearing officer. When the hearing officer hears a c ase alone he shall exercise all powers relating to the conduct of the hearing. SOURCE: GC § 24121. § 9222. Disqualification of Hearing Officer. A hearing officer or agency member shall voluntaril y disqualify himself and withdraw from any case in which he cann ot accord a fair and impartial hearing or consideration. Any party may r equest the disqualification of any hearing officer or agency m ember by filing an affidavit prior to the taking of evidence at a hear ing, stating with particularity the grounds upon which it is claimed that a fair and impartial hearing cannot be accorded.

ncy m ember by filing an affidavit prior to the taking of evidence at a hear ing, stating with particularity the grounds upon which it is claimed that a fair and impartial hearing cannot be accorded. Where the req uest concerns an agency member, the agency shall determine the issue if it hears the case with the hearing officer, otherwise the hearing off icer shall determine the issue. If the disqualification would prevent the ex istence of a quorum qualified to act in the particular case, an agency member shall not withdraw voluntarily or be subject to disqualificat ion. SOURCE: GC § 24122. § 9223. Continuances. The agency may grant continuances at any stage of t he proceedings. SOURCE: GC § 24123. § 9224. Oral Evidence. Oral evidence shall be taken only on oath or affirm ation. SOURCE: GC § 24124. § 9225. Rights of Parties. Each party shall have these rights: to call and exa mine witnesses; to introduce exhibits; to cross-examine opposing witne sses on any matter relevant to the issues even though that matter was not covered in the direct examination; to impeach any witness regardle ss of which party first called him to testify; and to rebut the evide nce against him.

to the issues even though that matter was not covered in the direct examination; to impeach any witness regardle ss of which party first called him to testify; and to rebut the evide nce against him. If respondent does not testify in his own behalf, he m ay be called and examined as if under cross-examination. SOURCE: GC § 24125. § 9226. Hearing: Rules. The hearing need not be conducted according to tech nical rules relating to evidence and witnesses. Any relevant ev idence shall be COL112820175 GCA GOVERNMENT OPERATIONS CH. 9 A DMINISTRATIVE ADJUDICATION LAW 12 admitted if it is the sort of evidence on which res ponsible persons are accustomed to rely in the conduct of serious affair s, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over object ion in civil actions. Hearsay evidence may be used for the purpose of sup plementing or explaining any direct evidence but shall not be suf ficient in itself to support a finding unless it would be admissible ove r objection in civil actions. The rules of privilege shall be effective to the same extent that they are now or hereafter may be recognized in civi l

pport a finding unless it would be admissible ove r objection in civil actions. The rules of privilege shall be effective to the same extent that they are now or hereafter may be recognized in civi l actions, and irrelevant and unduly repetitious evidence shall be excluded. SOURCE: GC § 24126. § 9227. Evidence: Cross-examination. (a) At any time ten (10) or more days prior to a he aring or a continued hearing, any party may mail or deliver to the opposing party a copy of any affidavit which he proposes to introduc e in evidence, together with a notice as provided in Subsection (b ). Unless the opposing party, within seven (7) days after such mailing or delivery, mails or delivers to the proponent a request to cross-examin e an affiant, his right to cross-examine such affiant is waived and the aff idavit, if introduced in evidence shall be given the same effect as if the a ffiant had testified orally. If an opportunity to cross- examine an affi ant is not afforded after request therefor is made as herein provided, the af fidavit may be introduced in evidence, but shall be given only the same effect as other hearsay evidence.

examine an affi ant is not afforded after request therefor is made as herein provided, the af fidavit may be introduced in evidence, but shall be given only the same effect as other hearsay evidence. (b) The notice referred to in Subsection (a) shall be substantially in the following form: The accompanying affidavit of (insert here name of affiant) will be introduced as evidence at the hearing in (i nsert here title of proceedings). (Here insert name of affiant) will not be called to testify orally and you will not be entitled to q uestion him unless you notify (here insert name of proponent or his attorney) at (here insert address) that you wish to cross- examine him. To be effective, your request must be mailed or delivered to (here insert name of proponent or his attorney) on or before (here insert a date seven (7) days after the date of mailing or delivering the affidavit to the opposing party). SOURCE: GC § 24127. § 9228. Evidence: Judicial Notice. COL112820175 GCA GOVERNMENT OPERATIONS CH. 9 A DMINISTRATIVE ADJUDICATION LAW 13 In reaching a decision official notice may be taken , either before or after submission of the case for decision, of any g enerally accepted technical

ATIONS CH. 9 A DMINISTRATIVE ADJUDICATION LAW 13 In reaching a decision official notice may be taken , either before or after submission of the case for decision, of any g enerally accepted technical or scientific matter within the agency’s special field, and of any fact which may be judicially noticed by the courts of Guam. Parties present at the hearing shall be informed of the mat ters to be noticed, and these matters shall be noted in the record, referre d to therein, or appended thereto. Any such party shall be given a r easonable opportunity on request to refute the officially noticed matters by evidence or by written or oral presentation of authority, the mann er of such refutation to be determined by the agency. SOURCE: GC § 24128. § 9229. Accusation: Amendment: Ordered. The agency may order amendment of the accusation af ter submission of the case for decision. Each party sha ll be given notice of the intended amendment and opportunity to show that he will be prejudiced thereby unless the case is reopened to p ermit the introduction of additional evidence in his behalf. If such preju dice is shown the agency shall reopen the case to permit the introduc tion of additional

by unless the case is reopened to p ermit the introduction of additional evidence in his behalf. If such preju dice is shown the agency shall reopen the case to permit the introduc tion of additional evidence. SOURCE: GC § 24129. § 9230. Hearing Before Agency. (a) If a contested case is heard before an agency, the hearing officer who presided at the hearing shall be present during the consideration of the case and if requested, shall assist and advise the agency. Where a contested case is heard before an agency, any membe r who did not hear the evidence shall not vote in the decision. (b) If a contested case is heard by a hearing offic er alone, he shall prepare a proposed decision in such form that it ma y be adopted as the decision in the case. A copy of the proposed decisi on shall be filed by the agency as a public record. The agency may adopt the proposed decision in its entirety, or may reduce the proposed penalty and adopt the balance of the proposed decision. (c) If the proposed decision is not adopted as prov ided in Subsection (b) each party shall be furnished with a copy of th e proposed decision.

penalty and adopt the balance of the proposed decision. (c) If the proposed decision is not adopted as prov ided in Subsection (b) each party shall be furnished with a copy of th e proposed decision. The agency may decide the case upon the record, inc luding the transcript, with or without taking additional evide nce, or may refer the case to the same or another hearing officer to take additional evidence. If COL112820175 GCA GOVERNMENT OPERATIONS CH. 9 A DMINISTRATIVE ADJUDICATION LAW 14 the case is so assigned to a hearing officer he sha ll prepare a proposed decision as provided in Subsection (b) upon the add itional evidence and the transcript and other papers which are part of t he record of the prior hearing. A copy of such proposed decision shall be furnished to each party. The agency shall not decide any case provide d for in this Subsection without affording the parties the opport unity to present either oral or written argument before the agency. If addi tional oral evidence is introduced before the agency, an agency member may not vote unless he heard the additional oral evidence. SOURCE: GC § 24130. § 9231. Vote.

argument before the agency. If addi tional oral evidence is introduced before the agency, an agency member may not vote unless he heard the additional oral evidence. SOURCE: GC § 24130. § 9231. Vote. The members of an agency qualified to vote on any q uestion may vote by mail or other written message. SOURCE: GC § 24131. § 9232. Decision. The decision shall be in writing and shall contain findings of fact, a determination of the issues presented and the penal ty, if any. The findings may be stated in the language of the plead ings or by reference thereto. Copies of the decision shall be delivered to the parties personally or sent to them by registered mail. SOURCE: GC § 24132. CROSS-REFERENCES: See 1 CA § 717 for additional means of mailing to satisfy service requirement. § 9233. Decision: Effective Date. The decision shall become effective thirty (30) day s after it is delivered or mailed to respondent unless a reconsid eration is ordered within that time, or the agency orders that the dec ision shall become effective sooner, or a stay of execution is granted . A stay of execution may be included in the decision, or if not included therein may be granted by the agency at any time

e dec ision shall become effective sooner, or a stay of execution is granted . A stay of execution may be included in the decision, or if not included therein may be granted by the agency at any time before the decisi on becomes effective. SOURCE: GC § 24133. § 9234. Evidence: Notice of Defense Not Filed. 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 m ay be used as COL112820175 GCA GOVERNMENT OPERATIONS CH. 9 A DMINISTRATIVE ADJUDICATION LAW 15 evidence without any notice to respondent; and wher e the burden of proof is on the respondent to establish that he is entitled to the agency action sought, the agency may act without taking ev idence. Nothing herein shall be construed to deprive the respondent of the right to make any showing by way of mitigation. SOURCE: GC § 24134. § 9235. Reconsideration. (a) The agency may order a reconsideration of all o r 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

sideration of all o r 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 the effective date of the decision if such date occurs prior to the expiration of the thirty-day period. If action is not taken on a petition within the time allowed for ordering reconsideration the petition s hall be deemed denied. (b) The case may be reconsidered by the agency on a ll the pertinent parts of the record and such additional evidence an d arguments as may be permitted, or may be assigned to a hearing offic er. A reconsideration assigned to a hearing officer shall be subject to t he procedure provided in § 9230. If oral evidence is introduced before the a gency, an agency member may not vote unless he heard the evidence. SOURCE: GC § 24135. § 9236. Petition to Reduce Penalty. A person whose license has been revoked or suspende d may petition the agency for reinstatement or reduction of penalt y after a period of not less than one (1) year has elapsed from the effecti ve date of the decision or from the date of denial of a

d may petition the agency for reinstatement or reduction of penalt y after a period of not less than one (1) year has elapsed from the effecti ve date of the decision or from the date of denial of a similar petition. T he agency shall give notice to the Attorney General of the filing of the petition and the Attorney General and the petitioner shall be afford ed an opportunity to present either oral or written argument before the agency. The agency shall decide the petition, and the decision shall i nclude the reasons therefor. This Section shall not apply if the statu tes dealing with the particular agency contain different provisions for reinstatement or reduction of penalty. SOURCE: GC § 24136. § 9237. Decision: Notice to Public Officer. COL112820175 GCA GOVERNMENT OPERATIONS CH. 9 A DMINISTRATIVE ADJUDICATION LAW 16 If respondent was required to register with any pub lic officer, the agency shall send a notification to such public off icer of any decision conditioning, limiting, suspending or revoking any authority, license, privilege or right after the decision has become ef fective. SOURCE: GC § 24137. § 9238. Contempt.

blic off icer of any decision conditioning, limiting, suspending or revoking any authority, license, privilege or right after the decision has become ef fective. SOURCE: GC § 24137. § 9238. Contempt. If any person in proceedings before an agency disob eys or resists any lawful order or refuses to respond to a subpoen a, 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 n ear the place thereof as to obstruct the proceeding, the agency shall certif y the facts to the Superior Court. The Court shall thereupon issue an order directing the person to appear before the Court and show cause wh y he should not be punished as for contempt. The order and a copy of t he certified statement shall be served on the person. Thereafter, the Cour t shall have jurisdiction of the matter. The same proceedings sh all be had, the same penalties may be imposed, and the person charged ma y purge himself of the contempt in the same way as in the case of a pe rson who has committed a contempt in the trial of a civil action before the Superior Court. SOURCE: GC § 24138 amended by P.L. 9-256. § 9239.

lf of the contempt in the same way as in the case of a pe rson who has committed a contempt in the trial of a civil action before the Superior Court. SOURCE: GC § 24138 amended by P.L. 9-256. § 9239. Decision: Conclusive. A decision of an agency which is in accordance with law and supported by substantial evidence shall be conclusive. SOURCE: GC § 24139. § 9240. Decision: Review. Judicial review may be had of any agency decision b y 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 § 24140. § 9241. Review: Procedure. 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 p etition shall be filed within thirty (30) days after the last day on which reconsideration can be COL112820175 GCA GOVERNMENT OPERATIONS CH. 9 A DMINISTRATIVE ADJUDICATION LAW 17 ordered. The right to petition shall not be affecte d by the failure to seek reconsideration before the agency.

can be COL112820175 GCA GOVERNMENT OPERATIONS CH. 9 A DMINISTRATIVE ADJUDICATION LAW 17 ordered. The right to petition shall not be affecte d by the failure to seek reconsideration before the agency. Within thirty (3 0) days after request therefor and payment of the expenses of preparation and certification by the petition, the agency shall prepare and deliver to t he petitioner the complete record of the proceedings or such parts of the reco rd as are designated by the petitioner. The complete record includes the pleadi ngs, all notices and orders issued by the agency, any proposed decisions by the hearing officer, the final decision, a transcript of all proceedings, the exhi bits admitted or rejected, the written evidence and any other papers in the case. Where petitioner, within ten (10) days after the last day on which reconside ration can be ordered, requests the agency to prepare all or any part of t he record, the time within which a petition may be filed may be extended until five (5) days after its delivery to him. The agency may file with the court the original of any document in the record in lieu of a copy. SOURCE: GC § 24141.

tition may be filed may be extended until five (5) days after its delivery to him. The agency may file with the court the original of any document in the record in lieu of a copy. SOURCE: GC § 24141. District Court changed to Superior Court by reason of P.L. 12-85, the Court reorganization Act. § 9242. Expenditures. Any sums authorized to be expended under this Chapt er by any agency shall be a legal charge against the funds of the ag ency. SOURCE: GC § 24142. ---------- ARTICLE 3 RULE -MAKING PROCEDURES § 9300. Legislative Intent. § 9301. Adoption, Repeal, Recission or Amendment of Rules: Procedure. § 9302. Emergency Regulations and Orders of Repeal. § 9303. Adoption, Repeal, Recission, or Amendment o f Rules and Regulations: Circulation and Filing. § 9304. Publication of Rules. § 9305. Publication of Rules by Agency. § 9306. Rules: Judicial Notice of. § 9307. Petition for Adoption of Rules. § 9308. Petition: Declaratory Ruling on Validity. § 9309. Petition: Declaratory Judgment by Court. § 9310. Validity. § 9311. Construction. COL112820175 GCA GOVERNMENT OPERATIONS CH. 9 A DMINISTRATIVE ADJUDICATION LAW 18 § 9312. Repeal. § 9300. Legislative Intent.

on: Declaratory Judgment by Court. § 9310. Validity. § 9311. Construction. COL112820175 GCA GOVERNMENT OPERATIONS CH. 9 A DMINISTRATIVE ADJUDICATION LAW 18 § 9312. Repeal. § 9300. Legislative Intent. It is the intent of the Legislature to establish a uniform method of making, adopting, promulgating, filing and publishi ng rules by all agencies of this Territory, to permit public partic ipation therein and provide a method of making rules readily accessible to the public. It is not intended to give to any agency any additional r ule-making power or authority and no additional or new power or authori ty to make or adopt rules is given to any agency by this law. SOURCE: GC § 24200 added by P.L. 13-40. § 9301. Adoption, Repeal, Recission or Amendment of Rules: 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 time and place of said hearing, a reference to the subject matter of the proposed rule or rules, and refer to the fact that a copy of said pr oposed

ring. Said notice shall include a statement of the time and place of said hearing, a reference to the subject matter of the proposed rule or rules, and refer to the fact that a copy of said pr oposed rule or rules is on file at the office of said agency, where it may be examined; provided, however, that no rule shall be invalid because the reference to the subject matter thereof in said notice may be inadequate or insufficient. At least five (5) copies of said proposed rule or rules shall be on file at the office of said agency from the date of publication of said notice continuously until the said hearing and any interested person shall be given an adequate opportunity to examine a copy of said prop osed rule or rules. Copies of the proposed rule or rules will also be m ade available on the website of said agency for public review. (b) On the date set for hearing any interested part y in person or his authorized representative or both shall be afforded an adequate opportunity to participate in the formulation of th e proposed rule or rules through the presentation of facts or argument or th e submission of written data or views.

h shall be afforded an adequate opportunity to participate in the formulation of th e proposed rule or rules through the presentation of facts or argument or th e submission of written data or views. All relevant matter presente d shall be given full consideration by the agency, and a change in the pr oposed rule or rules because of facts, arguments, written data or views stated at the hearing will not require the setting of a new hearing unles s it is so determined by said agency. COL112820175 GCA GOVERNMENT OPERATIONS CH. 9 A DMINISTRATIVE ADJUDICATION LAW 19 (c) Any agency may adopt procedures in addition to those required by this law including the holding of conferences an d inviting and permitting the submission of suggestions, facts, ar guments and views of interested persons in advance of the drafting of th e proposed rule or rules. (d) Any government of Guam department, agency, auto nomous agency, office or instrumentality promulgating rule s or regulations under Chapter 4 of Title 4, Guam Code Annotated, shall include, as part of the promulgation of such rules or regulations, an econo mic impact statement.

rumentality promulgating rule s or regulations under Chapter 4 of Title 4, Guam Code Annotated, shall include, as part of the promulgation of such rules or regulations, an econo mic impact statement. This statement must be completed and made available to the public prior to any required hearings on the proposed rules or r egulations. Any proposed personnel rules or regulations shall also be submitted to the Department of Administration for review, to provide for greater uniformity to the rule-making process throughout ag encies and departments. (e) No proposed rule or regulation shall be transmitted to I Liheslaturan Guåhan for consideration without an economic impact statement, and a review by the Department of Admini stration for personnel rules and regulations, nor shall any proposed rule or regulation go into effect without a completed economic impact statement and, in the case of proposed personnel rules and regulations, a written statement of approval by the Department of Administration. (f) The economic impact statement required by Subse ctions (d) and (e) of this Section must directly address, at a min imum, the following: (1) The purpose and the need for the rule or

dministration. (f) The economic impact statement required by Subse ctions (d) and (e) of this Section must directly address, at a min imum, the following: (1) The purpose and the need for the rule or regula tion; an assessment of the risk and the cost of the imposed rule or regulation. In addition, government agencies proposing a new ru le or regulation must include with the assessment, the justification for the new rule or regulation. (2) The financial impact of the proposed rule or re gulation upon those persons or corporate entities directly a ffected by the proposed rule or regulation, and upon the people an d the economy of Guam. (3) Any potential increase or decrease in the cost of living on Guam, or any specific increase or decrease in the p rice or availability of any good or service on Guam directl y or indirectly attributable to the proposed rule or regulation. COL112820175 GCA GOVERNMENT OPERATIONS CH. 9 A DMINISTRATIVE ADJUDICATION LAW 20 (4) Any direct or indirect impact upon employment o n Guam or any increase or decrease in the availability of a particular job or jobs, or jobs in general, attributable to the propo sed rule or regulation.

y direct or indirect impact upon employment o n Guam or any increase or decrease in the availability of a particular job or jobs, or jobs in general, attributable to the propo sed rule or regulation. (5) Any increase or decrease in the cost of doing b usiness as an enterprise or industry on Guam, or any increase or decrease in doing business in general, which is attributable to the p roposed rule or regulation. (6) Any adverse or beneficial economic impact which is attributable to the proposed rule or regulation. (g) The provisions of this Section are also applica ble to any department, agency, autonomous agency, office or in strumentality of the government of Guam, which is proposing to increase any fee for service. (h) An economic impact statement shall be produced by the department, agency, autonomous agency, office or in strumentality of the government of Guam which has proposed the rule, reg ulation, fee, or increase of fees for services. (i) Exemptions. Any proposed rule, change of rule, regulation or request to impose or raise fees or rates shall be exempted from the economic impact statement requirements of Subsectio n (d), (e), (f), (g), and (h) of this Section if the

nge of rule, regulation or request to impose or raise fees or rates shall be exempted from the economic impact statement requirements of Subsectio n (d), (e), (f), (g), and (h) of this Section if the annual economic impa ct to the general public is Five Hundred Thousand Dollars ($500,000) or less, as determined by a preliminary cost impact assessment performed by the Bureau of Budget and Management Research, or the de partment, agency, autonomous agency, office or instrumentality propos ing the rule, change of rule, regulation or request to impose or raise f ees. The preliminary cost impact assessment must be completed and made a vailable to the public prior to any required hearings on the propos ed rules or regulations, and must be transmitted to I Liheslatura (the Legislature) as part of the agency record. (j) A rule, change of rule, regulation or request t o impose or raise fees adopted under the exemption granted in Subsect ion (i) of this Section shall, one (1) year after adoption, have a preliminary cost impact assessment performed by the Bureau of Budget and Ma nagement Research.

nder the exemption granted in Subsect ion (i) of this Section shall, one (1) year after adoption, have a preliminary cost impact assessment performed by the Bureau of Budget and Ma nagement Research. If the preliminary cost impact assessmen t shows that the cost impact of the rule, change of rule, regulation, or request to impose or raise fees exceeds Five Hundred Thousand Dollars ($ 500,000.00) annually, then an economic impact statement, as req uired in Subsections COL112820175 GCA GOVERNMENT OPERATIONS CH. 9 A DMINISTRATIVE ADJUDICATION LAW 21 (d), (e), (f), (g) and (h), shall be prepared and t ransmitted to I Liheslaturan Guåhan within sixty (60) days after the completion of the preliminary cost impact assessment. SOURCE: GC § 24200 added by P.L. 9-69; amended by P.L. 11- 28, now § 24201 as amended by P.L. 13-40. Subsections (d) through ( j) added by P.L. 25-173:2-8. Subsections (a), (d) and (e) amended by P.L. 31-220 :2 (June 15, 2012). Subsections (g), (h) and (i) amended by P.L. 34-033 :1 (July 13, 2017). § 9302. Emergency Regulations and Orders of Repeal. (a) The provisions of this Chapter shall not apply to an emergency regulation adopted pursuant to Subsection (b) of th

. 34-033 :1 (July 13, 2017). § 9302. Emergency Regulations and Orders of Repeal. (a) The provisions of this Chapter shall not apply to an emergency regulation adopted pursuant to Subsection (b) of th is Section. (b) If an agency or government entity finds that th e adoption of a regulation or repeal of a regulation is necessary t o comply with Federal law, the regulation or repeal may be adopted as an emergency regulation or repeal. Any finding of an emergency shall includ e a description of the specific facts showing the need for immediate actio n. The statement and the regulation or repeal shall be filed immediately with the Legislative Secretary. (c) The emergency regulation or order of a repeal s hall become effective upon filing or upon any later date specif ied by the entity in a written instrument filed with, or as a part of the regulation. (d) No regulation adopted as an emergency regulatio n shall remain in effect more than one hundred eighty (180) days. (e) In the event that an emergency regulation was f iled as an amendment to an existing regulation, upon failure o f the adopting agency to adopt in accordance with the provisions of this law amendments to the permanent

t an emergency regulation was f iled as an amendment to an existing regulation, upon failure o f the adopting agency to adopt in accordance with the provisions of this law amendments to the permanent regulation, the regulation as it existed prior to such emergency amendment shall thereupon become effectiv e and after notice to the adopting agency by the Legislative Secretary shall be retained in the place of such emergency amendment. In the event a regulation was originally adopted and filed as an emergency one an d the adopting agency fails to comply with the provisions of this Chapter in adopting the regulation as a permanent one, such failure shall c onstitute a repeal thereof upon the expiration of one hundred eighty ( 180) days, and after notice to the adopting agency by the Legislative Se cretary, shall be deleted. (f) A regulation adopted as an emergency regulation , or, an emergency regulation substantially equivalent there to, shall not be readopted as an emergency regulation. COL112820175 GCA GOVERNMENT OPERATIONS CH. 9 A DMINISTRATIVE ADJUDICATION LAW 22 SOURCE: GC § 24201.1; added by P.L. 16-44:13. § 9303.

ent there to, shall not be readopted as an emergency regulation. COL112820175 GCA GOVERNMENT OPERATIONS CH. 9 A DMINISTRATIVE ADJUDICATION LAW 22 SOURCE: GC § 24201.1; added by P.L. 16-44:13. § 9303. Adoption, Repeal, Recission, or Amendment o f Rules and 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 system or code adopted by the Guam Code Ad visory Commission for the guidance of all agencies. Agenci es may contact the Compiler of Laws for recommendations as to plac ement and formatting. (2) File with I Magaʹlåhen Guåhan (the Governor of Guam) a printed and an identical electronic (pdf) version o f the proposed rules and regulations and one (1) printed and an id entical electronic (pdf) copy of the entire agency record, to include minutes or a resolution showing board approval of proposed rules , certification of the agency record and compliance with each of th e requirements of this Chapter, economic impact statements, and tr anscripts of any public

showing board approval of proposed rules , certification of the agency record and compliance with each of th e requirements of this Chapter, economic impact statements, and tr anscripts of any public hearings on the rules being proposed. (3) File with the Attorney General a printed and an identical electronic (pdf and word) version of the proposed r ules and regulations, and one (1) printed and an identical e lectronic (pdf) copy of the entire agency record, to include minute s or a resolution showing board approval of proposed rules, certifica tion of the agency record and compliance with each of the requi rements of this Chapter, economic impact statements, and transcript s of any public hearings on the rules being proposed. (4) Upon written approval of I Magaʹlåhi as to policy, and approval of the Attorney General as to constitution ality, compliance with this Act, and compliance with the statutory au thority for the promulgation of the rules, file with the Speaker of I Liheslatura a printed and an identical electronic (pdf and word) version of the proposed rules and regulations, and a printed and a n identical electronic (pdf) copy of the entire agency record, to include

atura a printed and an identical electronic (pdf and word) version of the proposed rules and regulations, and a printed and a n identical electronic (pdf) copy of the entire agency record, to include minutes or a resolution showing board approval of proposed rules, certification of the agency record and compliance w ith each of the requirements of this Chapter, economic impact state ments, and transcripts of any public hearings on the rules bei ng proposed. COL112820175 GCA GOVERNMENT OPERATIONS CH. 9 A DMINISTRATIVE ADJUDICATION LAW 23 Evidence of the Governor’s and the Attorney General ’s approvals shall be included in the transmittal. The subject line of the transmittal letter shall clearly include the following: 'This is a Transmittal to I Liheslaturan Guåhan of Proposed Rules and Regulations pursuant to the Admi nistrative Adjudication Law.' (b) If the proposed rules were not adopted by the a gency or were not transmitted in full compliance with this Chapte r, I Liheslatura may return the rules by an oversight committee letter, a rules resolution, or a legislative resolution to the agency for correction , and a new submittal in conformance with this Chapter shall be required.

turn the rules by an oversight committee letter, a rules resolution, or a legislative resolution to the agency for correction , and a new submittal in conformance with this Chapter shall be required. Proposed rules shall be referred to the legislative committee with oversigh t of the subject matter, and that committee or the Committee of the Whole shall conduct one (1) or more public hearings on the proposal within seve nty-five (75) calendar days from the date of filing of the rules with the Speaker. (c) No rule shall be effective until after compliance with the provisions of this Section and ninety (90) calendar days have elapsed from the date of filing with the Speaker of I Liheslatura . After the public hearing and the ninety (90) calendar days from the date of filing, the Speaker may certify, and the Legislative Secretary attest to, the default approval of compliant rules and regulations pursuan t to this Chapter. I Liheslaturan Guåhan may, by the passage of a bill into law, approve, disapprove, or amend any rule within ninety (90) ca lendar days from the date of filing with the Speaker of I Liheslatura ; except that any pending rules shall be deemed disapproved upon

aw, approve, disapprove, or amend any rule within ninety (90) ca lendar days from the date of filing with the Speaker of I Liheslatura ; except that any pending rules shall be deemed disapproved upon adjournment sine die of I Liheslaturan Guåhan . (d) The Legislative Secretary shall maintain a copy and permanent register of all rules proposed, which shall include a notation of the date of filing; the date of referral to the legislative oversight committee; the date of the scheduled legislative public hearing; t he date of and link to the legislative committee report; the date of retur n to the agency by committee letter, rules resolution, or legislative resolution; the date of passage of the bill to approve, disapprove, or amen d; the date of certification by the Speaker of default approval of the compliant rule; and the date of disapproval due to adjournment sine die . The Legislative Secretary shall also cause said permanent register to be published electronically on I Liheslaturan Guåhan’s website and updated weekly. COL112820175 GCA GOVERNMENT OPERATIONS CH. 9 A DMINISTRATIVE ADJUDICATION LAW 24 (e) The Compiler of Laws shall ascertain the approval of proposed rules and

turan Guåhan’s website and updated weekly. COL112820175 GCA GOVERNMENT OPERATIONS CH. 9 A DMINISTRATIVE ADJUDICATION LAW 24 (e) The Compiler of Laws shall ascertain the approval of proposed rules and regulations in accordance with 1 GCA § 16 10. SOURCE: GC § 24201 added by P.L. 9-69; amended by P.L. 12- 41; as § 9302 amended by P.L. 13-40. Subsection (b) further amend ed by P.L. 15-132. Reference to Legislative Secretary as officer who established form of Rules Publications changed to Compiler of Laws by reason of 1 GCA § 16 03, § 1605. Subsection (b) repealed /reenacted by P.L. 22-96:1 (03/08/94). P.L . 22-96:2 exempted the Supreme Court rules from the application of this su bsection. Entire section repealed/reenacted by P.L. 24-27:1 (05/16/97). Subs ection (d) added by P.L. 31- 139:1 (Nov. 17, 2011). Subsections (a), (b) and (c ) amended, and (d) deleted, by P.L. 31-220:3 (June 15, 2012). Amended by P.L. 34- 032:1 (July 13, 2017). NOTE: The Legislative intent for the reenactment is: The original intent of the Administrative Adjudicat ion Law was to establish a uniform method of making, adopting, pro mulgating, filing and publishing of rules of agencies of the governme nt of

is: The original intent of the Administrative Adjudicat ion Law was to establish a uniform method of making, adopting, pro mulgating, filing and publishing of rules of agencies of the governme nt of Guam. It was intended to promote public participation in the rul e-making process. The Guam Legislature finds that recent amendments t o § 9303 of Title 5, Guam Code Annotated regarding the adoption, repe al, recission or amendment process has resulted in cumbersome and in efficient methods for the adoption of rules. There is duplica tion and unnecessary delay, especially where laws are enacted requiring rules to implement them properly and promptly. The existing requirement to have proposed rules sub mitted in bill form imposes an unnecessary additional burden on agencie s and public participants. In addition to attending the public h earing on the proposed rules held by the agency proposing them, the public would be again asked to attend another public hearing on a bill to approve the proposed rules, should one be introduced. This repetitive pr ocess causes two (2) complete procedures to be engaged in: rule-making b y the Executive Branch, and introduction and law-making of the same

oposed rules, should one be introduced. This repetitive pr ocess causes two (2) complete procedures to be engaged in: rule-making b y the Executive Branch, and introduction and law-making of the same rules by the Legislative Branch. § 9304. Publication of Rules. As soon as practicable after the effective date of the Act: (a) The Compiler of Laws shall compile, index, cod ify and publish all the rules filed with him under the prov isions of this Act. The compiled publication shall be entitled Administ rative Rules and Regulations, Government of Guam and the Compiler of Laws may make non-substantive changes in the numbering and f orm of the rules as submitted by the agencies to cause the sam e to conform to a standard system. If, in any rule adopted by any age ncy, any standard, codes or manuals are adopted by reference , the same need COL112820175 GCA GOVERNMENT OPERATIONS CH. 9 A DMINISTRATIVE ADJUDICATION LAW 25 not be copied in said published volume but only the rule as adopted shall be copied. (b) The Compiler of Laws shall publish a quarterly bulletin in which he shall set forth the text of all rules file d during the preceding quarter excluding rules contained in the first

all be copied. (b) The Compiler of Laws shall publish a quarterly bulletin in which he shall set forth the text of all rules file d during the preceding quarter excluding rules contained in the first publication by the Compiler of Laws of the Administrative Rules and Regulations of the agencies of the government of Gu am. (c) The Compiler of Laws may, in his discretion, o mit from the bulletin or the compilation, rules the publication of which would be unduly cumbersome, expensive or otherwise inexpedie nt, if such rules are made available in printed or processed fo rm on application to the adopting agency, and if the bulletin or comp ilation contains a notice stating how copies thereof may be obtained. (d) Bulletins and compilations shall be made avail able without cost to officials of this Territory upon request an d to other persons at a price fixed by the Compiler of Laws to cover p ublication and mailing costs. (e) The Compiler of Laws shall supplement or revis e the published volume of rules as often as necessary and at least once every two (2) years. SOURCE: GC § 24202 added by P.L. 9-69; amended by P.L. 12- 41, now § 24203 as amended by P.L. 13-40, and by P.L. 15-115.

d volume of rules as often as necessary and at least once every two (2) years. SOURCE: GC § 24202 added by P.L. 9-69; amended by P.L. 12- 41, now § 24203 as amended by P.L. 13-40, and by P.L. 15-115. § 9305. Publication of Rules by Agency. 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 i nto the Treasury of Guam. The agency may also include in any such publi cation copies of statutes affecting such agency and its jurisdiction and such other information as would be helpful to parties affected by the laws, rules and administration of such agency. SOURCE: GC § 24204 added by P.L. 13-40. § 9306. Rules: Judicial Notice of. Any such rule or regulation adopted, approved, reco rded and published as herein provided shall be judicially no ticed by all courts and agencies of this Territory and the official publica tion thereof as herein provided shall be prima facie evidence that said ru le or regulation was adopted, approved and filed as herein provided. COL112820175 GCA GOVERNMENT OPERATIONS CH.

cial publica tion thereof as herein provided shall be prima facie evidence that said ru le or regulation was adopted, approved and filed as herein provided. COL112820175 GCA GOVERNMENT OPERATIONS CH. 9 A DMINISTRATIVE ADJUDICATION LAW 26 Any such rule or regulation may be cited or pleaded by volume, page and section number without copying the same. The determination and construction of such rules an d regulations in all actions except criminal actions shall be made b y the court as a matter of law and not by the jury. SOURCE: GC § 24205 added by P.L. 13-40. § 9307. Petition for Adoption of Rules. Any interested person may petition an agency reques ting the promulgation, amendment or repeal of any rule. Each agency shall prescribe by rule the form for such petitions and t he procedure for their submission, consideration and disposition. Provided that all such petitions shall be denied specifying the reasons th erefor, or set for hearing in accordance with the provisions of § 9301 by said agency within sixty (60) days of the date of the filing th ereof. SOURCE: GC § 24203 added by P.L. 9-69, now § 24206 as amen ded by P.L. 13- 40. § 9308. Petition: Declaratory Ruling on Validity.

said agency within sixty (60) days of the date of the filing th ereof. SOURCE: GC § 24203 added by P.L. 9-69, now § 24206 as amen ded by P.L. 13- 40. § 9308. Petition: Declaratory Ruling on Validity. On petition of any interested person, any agency ma y issue a declaratory ruling with respect to the applicabilit y to any person, property or state of facts of any rule or statute e nforceable by it. A declaratory ruling, if issued after argument and st ated to be binding, is binding between the agency and the petitioner on th e state of facts alleged, unless it is altered or set aside by a cou rt. Such a ruling is subject to review in the Superior Court of Guam in the mann er hereinafter provided for the review of decisions in the contest ed cases. Each agency shall prescribe by rule the form for such petitions and the procedure for their submission, consideration and disposition. SOURCE: GC § 24205 added by P.L. 9-69, now § 24207 as amen ded by P.L. 13- 40. § 9309. Petition: Declaratory Judgment by Court. (a) The validity of any rule may be determined upon petition for a declaratory judgment thereon addressed to the Super ior Court of Guam, when it appears that the rule, or its

tory Judgment by Court. (a) The validity of any rule may be determined upon petition for a declaratory judgment thereon addressed to the Super ior Court of Guam, when it appears that the rule, or its threatened ap plication, interferes with or impairs, or threatens to interfere with or impai r the legal rights or privileges of the petitioner. The agency shall be m ade a party to the proceeding. The declaratory judgment may be rendere d only after the petitioner has first requested the agency to pass u pon the validity of the COL112820175 GCA GOVERNMENT OPERATIONS CH. 9 A DMINISTRATIVE ADJUDICATION LAW 27 rule in question and the agency has so ruled or has failed to rule within ninety (90) days. (b) The court shall declare the rule invalid if it finds that it violates provisions of law, exceeds the statutory authority of the agency or was adopted without compliance with statutory rule-maki ng procedures. SOURCE: GC § 24204 added by P.L. 9-69, now § 24208 as amen ded by P.L. 13- 40. § 9310. Validity. If any provision of this law or the application the reof to any person or circumstances is held invalid, such invalidity s hall not affect other provisions or applications of the law

9310. Validity. If any provision of this law or the application the reof to any person or circumstances is held invalid, such invalidity s hall 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 provisions of this law are declared to be severable. SOURCE: GC § 24206 added by P.L. 9-69, § 24209 as amended by P.L. 13-40. § 9311. Construction. That portion of each and every act heretofore enact ed 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 t he intent that the method of adopting and promulgating administrative rules a nd regulations prescribed by this law is to be the only lawful met hod of adopting and promulgating administrative rules and regulations a fter the effective date of this law. SOURCE: GC § 24210 added by Public Law 13-40, approved Jul y 1, 1977. § 9312. Repeal. All acts or parts of acts which are inconsistent wi th the provisions of this law are hereby repealed, but such repeal shall not affect pending proceedings

40, approved Jul y 1, 1977. § 9312. Repeal. All acts or parts of acts which are inconsistent wi th 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, 19 67, effective January 2, 1968; now § 24211 as amended by P.L. 13- 40, approved July 1, 1977. ---------- COL11282017