Guam § 11110 - Disciplinary Proceedings.

§ 11110. Disciplinary Proceedings.

(a) Investigations. The Commission on Licensure to Practice the

Healing Art in Guam, hereinafter referred to as the Licensure Commission,

shall employ such qualified investigators and attorneys as are necessary to

fully implement their authority to revoke, suspend, limit or otherwise

regulate the licenses of physicians; issue reprimands, fines, require refresher

educational courses, or require licensees to submit to medical treatment.

(b) Hearings.

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(1) The Licensure Commission shall appoint, with the approval of

the Governor, such hearing examiners as shall be necessary to conduct

hearings in accordance with § 11110 part (a) of this Chapter.

(2) The Licensure Commission shall have the power to adopt and

promulgate rules and regulations setting forth the functions, powers,

standards and duties to be followed by any hearing examiners

appointed under the provisions of this Section.

(3) Such hearing examiners shall have the power to conduct

hearings in accordance with the regulations of the Licensure

Commission and its Boards of Examiners, and to issue subpoenas

requiring the attendance and testimony of individuals or the production

of pertinent books, records, documents and papers by persons whom

they believe to have information relevant to any matter pending before

the examiner. Such examiner shall also have the power to administer

oaths.

(c) Hearing Examiners Decisions. The hearing examiner shall hear

evidence submitted and arguments of counsel, if any, with reasonable

dispatch, and shall promptly record his decision, supported by findings of

fact, and a copy thereof shall immediately be sent to the Licensure Commis-

sion and to counsel of record, or the parties, if not represented.

(d) Evidence. In all hearings proof may be made by oral testimony or

by deposition or interrogatories. Such depositions shall be taken in the

manner and upon the notice required by the rules for taking depositions in

civil cases and may be introduced into evidence without regard to the

availability of the witness to testify at the time of trial. Any witness,

however, may be subpoenaed by any party to the controversy to testify

pursuant to the rules appropriate to civil actions and shall be considered to

be witness of the party who offered the deposition.

(e) Review of the Licensure Commission.

(1) If application for review is made to the Licensure Commission

within twenty (20) days from the date of any decision made as a result

of a hearing held by a hearing examiner, the Licensure Commission

shall review the evidence, and if deemed advisable by the Board, hear

argument and additional evidence.

(2) As soon as practicable, the Licensure Commission shall make

a decision and shall file the same with its finding of the facts on which

it is based and send a copy thereof to each of the parties in dispute.

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(f) Appeals. Decision by the Licensure Commission shall be conclusive

and binding as to all questions of fact, but any medical practitioner may,

within thirty (30) days from the date of such decision appeal to the Superior

Court of Guam alleging certain error of law under the same terms and

conditions as cover appeals in actions involving licensing agencies.