Guam § 22106 - Administrative Penalties.

§ 22106. Administrative Penalties.

(a) A health-regulated establishment that permits a person

to perform services without having in their possession a valid

Health Certificate at the time the services are performed commits

an administrative violation, and the Director may impose a fine

of not to exceed Three Hundred Dollars ($300.00) for a first

offense, and shall impose a fine of One Thousand Dollars

($1,000.00) for a second offense involving the same person

occurring within one (1) year of the first offense.

If the Director cites more than one (1) person at the same

time for that person’s failure to have in their possession the

Health Certificate, each citation is a separate administrative

violation for the health-related activity.

(b) Before imposing an administrative penalty against a

person or a health-regulated establishment, the Director shall

issue a notice of intent to impose the penalty and provide the

person or health-regulated establishment an opportunity to

request a hearing on the proposed penalty. The request must be

made within ten (10) days of the date that the notice of intent is

served upon the person or health-regulated establishment.

(c) Any person or health-regulated establishment may seek

review of any administrative penalty imposed before the

Superior Court of Guam. Such review shall be upon the record

established before the Director and not de novo. The Superior

Court may sustain, modify or vacate any administrative penalty

it reviews.

(d) If any person, or a health-regulated establishment, fails

to comply with an administrative penalty order after it has

become final, the Attorney General shall bring a civil action to

enforce the order or to recover the amount ordered or assessed,

plus current interest from the date of the final order or decision.

To prevail in such an action, the Director need establish only

that:

(1) notice was given as required;

(2) a hearing was granted to the defendant or that the

defendant requested no hearing; and

(3) the penalty was imposed and has become final

either because the administrative order was not appealed to

the Superior Court, or that after judicial review the

administrative order remains an unsatisfied obligation.