GCA Title 5, Chapter 9
5 GCA GOVERNMENT OPERATIONS CH. 9 ADMINISTRATIVE ADJUDICATION LAW
CHAPTER 9 ADMINISTRATIVE ADJUDICATION LAW
NOTE: This Chapter was included in the original Government Code of Guam enacted by P.L. 1-88 in 1952. In listing the source 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 definitions set forth in this Chapter govern its construction. SOURCE: GC § 24001.
§ 9102. Agency.
The word agency whenever used in this Chapter, shall 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 establishing charges of utility services, it does not include the Guam Power Authority 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 Repealed and reenacted by P.L. 27-110:2.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 official capacity who has been allowed to appear in the proceeding. SOURCE: GC § 24004.
§ 9105. Respondent.
Respondent means any person against whom an accusation is filed or against whom a statement of issues is filed pursuant 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, classification, procedure or requirement of any agency designed to have or having the effect of law or interpreting, supplementing or implementing any law enforced or administered by it, including any regulation under which the agency makes charges for services it provides, or to govern its organization or procedure, but does not include regulations, resolutions
5 GCA GOVERNMENT OPERATIONS CH. 9 ADMINISTRATIVE ADJUDICATION LAW
or directions relating solely to internal policy, internal agency organization or internal procedure which do not directly affect the rights of or procedures available to the public and does not include administrative adjudication. SOURCE: GC § 24007 added by P.L. 9-69; amended by P.L. 13-40, 16-49 and 16119.
§ 9107.1. Rule: Definition Expanded to Include Guam Exclusive Economic Zone (EEZ) Agreements.
The term rule , as used in this Chapter, shall include any proposed cooperative agreements and other agreements authorized 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 bringing 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 or cases applicable to particular parties. SOURCE: GC § 24008 added by P.L. 13-40, approved July 1, 1975.
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.
- § 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.
- § 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 pursuant to the provisions of this Chapter in any proceeding before an agency in which legal rights, duties or privileges of specific parties 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.
A hearing to determine whether an authority, license privilege or right should be conditioned, limited, suspended or revoked shall be initiated by filing an accusation. The accusation shall be a written statement of charges which shall set forth in ordinary and concise language the acts or omissions with which the respondent is charged and the statutes and regulations which the respondent is alleged to have violated. SOURCE: GC § 24101.
§ 9202. Same: Statement of Issues.
A hearing to determine whether an authority, license 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 action sought. SOURCE: GC § 24102.
§ 9203. Verification.
Unless made by a public officer acting in his official capacity or by an employee of the agency before which the proceeding is to be held, the accusation and statement of issues shall be verified. 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 if the hearing is held at the request of the respondent, by the filing of a petition 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. (b) Object to the accusation upon the ground that it does not state acts or omissions upon which the agency may proceed. (c) Object to the form of the accusation on the ground 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.
Within the period specified respondent may file one or more notices of defense upon any or all of the enumerated grounds, 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. Failure to file a notice of defense or to file within the period specified shall 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 denial of all parts of the accusation not expressly admitted. Unless objection 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.
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The agency shall include with the copy of accusation served on respondent a form notice of defense entitled as such 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 served, a notice that respondent may request a hearing by filing a notice of defense within fifteen (15) days after service upon him of the accusation, and that failure to do so will constitute a waiver of right to a hearing. The notice of defense form, when signed by or on behalf of respondent and returned to the agency, will constitute a notice of defense. SOURCE: GC § 24110.
§ 9211. Notice: Content.
The notice served with the accusation informing respondent of an opportunity for hearing shall be substantially in the following form: Unless a written request for a hearing signed by or on behalf of the person named as respondent in the accompanying accusation is delivered or mailed to the agency within fifteen (15) days after the accusation was personally served 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 enclosed form entitled ‘Notice of Defense,’ or by delivering or mailing a notice of defense as provided in § 9205 to: (insert here name and address of agency). SOURCE: GC § 24111.
§ 9212. Service of Accusation: Means.
The accusation and all accompanying papers may be sent to respondent by any means selected by the agency. But unless the respondent has been served personally or by registered mail or by leaving a copy of the accusation and accompanying papers at his usual place of residence, or at his place of business, with some person of suitable age and discretion residing or working therein, or he shall have filed a notice of defense or otherwise appeared, the agency shall not make an order affecting adversely any rights of the respondent. Service may be proved in the manner authorized in civil actions. 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 the accusation and accompanying papers is mailed, addressed to respondent at the latest
5 GCA GOVERNMENT OPERATIONS CH. 9 ADMINISTRATIVE ADJUDICATION LAW
address on file with the agency. Service shall be made 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. However, if the respondent requests the hearing, the agency shall deliver 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 decision, the agency may file or permit the filing of an amended or supplemental accusation. All parties shall be notified. If the amended or supplemental accusation presents new charges the agency shall afford respondent a reasonable opportunity to prepare his defense thereto, but unless the agency in its discretion so orders, he shall not be entitled to file a further pleading. Any new charges shall be deemed controverted, and any objections to the amended or supplemental accusation may be made orally and shall be noted in the record. SOURCE: GC § 24114.
§ 9215. Hearing: Time and Place.
The agency shall determine the time and place of hearing. SOURCE: GC § 24115.
§ 9216. Hearing: Notice: Form.
The agency shall deliver or mail a notice of hearing to all parties at least ten (10) days prior to the hearing. The hearing shall not be prior to the expiration of the time within which the respondent is entitled to file a notice of defense. The notice to respondent shall be 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 the hour of ________, upon the charges made in the accusation 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 opportunity to crossexamine all witnesses testifying against you. You are entitled to the issuance of subpoenas to compel the attendance of witnesses and the production of books, documents or other things by applying to (here insert appropriate office of agency). SOURCE: GC § 24116.
§ 9217. Subpoena.
(a) Before the hearing has commenced the agency shall 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 subpoenas duces tecum. (b) The process issued pursuant to Subsection (a) shall extend to all parts of Guam and shall be served in accordance with