Guam § 161 - Hearings and Evidence.

§ 161. Hearings and Evidence.

(a) Where any application is made to the Commission, the

applicant and the Commission’s legal advisor shall be entitled to

appear and be heard. Any other person may appear and be heard

who satisfied the Commission that he or she has a substantial

interest in the proceedings. In any case in which the person

entitled to make an application is a child, the application may be

made on his or her behalf by his or her parent or legal guardian.

In any case in which the person entitled to make an application is

mentally defective, the application may be made on his or her

behalf by his or her guardian or such other individual authorized

to administer the estate.

(b) All hearings shall be open to the public, except that the

Commission is authorized to conduct closed meetings to

adjudicate victim compensation. Where under this Chapter a

person is entitled to appear and be heard by the Commission, that

person may appear in person or by his or her attorney.

(c) Every person appearing under this Chapter shall have the

right to produce evidence and to cross-examine witnesses. The

Commission may receive as evidence any statement, document,

information or matter that may, in the opinion of the Commission,

contribute to its functions under this Chapter, whether or not such

statement, document, information or matter would be admissible

in a court of law.

(d) If any person has been convicted of any offense with

respect to an act or omission on which a claim under this Chapter

is based, proof of that conviction, unless an appeal against the

conviction or a petition for a hearing in respect of the charge is

pending or a new trial or rehearing has been ordered, shall be taken

as conclusive evidence that the offense has been committed.

(e) Confidential records of a crime victim or eligible

applicant are not subject to disclosure, inspection, publication,

broadcasting, production, or reporting without the prior written

consent of the victim or eligible applicant, except as compelled by

statute, court mandate, or allowed by federal regulations.