Guam § 32109 - Board — Powers.

§ 32109. Board — Powers.

(a) The Board shall have the power to adopt and amend all by-laws and

rules of procedure not inconsistent with the Organic Act of Guam and the

laws of Guam, including, the adoption and promulgation of the Rules of

Professional Conduct for Professional Engineers, Architects, Landscape

Architects and Land Surveyors, which shall be binding upon persons

registered under this Chapter and which shall be applicable to corporations,

partnerships or associations holding a Certificate of Authorization, which

may be reasonably necessary for the proper performance of its duties and the

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regulation of its procedures, meetings, records, examinations and the

conduct thereof. These actions by the Board shall be binding upon the

persons licensed or registered under this Chapter, and on non-licensees

found by the Board to be in violation of the provisions of the Chapter, and

shall be applicable to corporations holding a Certificate of Authorization, as

provided in § 32123 of this Chapter.

(b) The Board shall adopt and have an official seal, which shall be

affixed to each certificate issued.

(c) In carrying into effect the provisions of this Chapter, the Board,

under the hand of its Chairman and the seal of the Board, may subpoena

witnesses and compel their attendance, and also may require the submission

of books, papers, documents, or other pertinent data, in any disciplinary

matters, or in any case wherever a violation of this Chapter is alleged. Upon

failure or refusal to comply with any such order of the Board, or upon failure

to honor its subpoena, as herein provided, the Board may apply to a court of

any jurisdiction to enforce compliance with same.

(d) The Board, in the name of Guam, may apply for relief by

injunction in the Superior Court, without bond, to enforce the provisions of

this Chapter, or to restrain any violation thereof. In such proceedings, it

shall not be necessary to allege or prove, either that an adequate remedy at

law does not exist, or that substantial or irreparable damage would result

from the continued violation thereof. The members of the Board shall not be

personally liable under these proceedings.

(e) The Board shall have prepared and shall adopt a set of rules for

professional conduct, which shall be binding upon persons registered under

this Chapter, and which shall be made known in writing to every registrant

and applicant for registration under this Chapter, and which shall be

published in the roster provided for in § 32112 of this Chapter. The Board

may revise and amend these rules for professional conduct from time to time

and shall forthwith notify each registrant in writing of such revisions or

amendments.

(f) The adoption and amendment of such rules and regulations and

rules of procedure and rules of professional conduct shall be in accordance

with the provisions of the Administrative Adjudication Law.

(g) The Board may subject an applicant for registration to such

examinations, as may be provided for in the rules and regulations, to

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determine his qualifications.

(h) The Board shall encourage private professional engineering,

architectural, landscape architectural, and land surveying societies to conduct

seminars to prepare applicants for the examinations and shall assist in the

coordination of the seminars.

(i) The Board shall have the power and authority to require a

demonstration of continuing professional competency of engineers,

architects, landscape architects and land surveyors as a condition of renewal

or relicensure.

(j) The Board shall have the authority for citation and fining persons

and business entities engaged in the unlawful practice of engineering,

architecture, landscape architecture and land surveying who are not licensed

or authorized in this jurisdiction, in accordance with §§ 32121 and 32122,

and as provided by law.

(k) The Board shall maintain the PEALS Revolving Fund within the

cognizance of the members of the Board to continue to manage the day-to-

day financial obligations of the Board. Such revolving fund shall be

maintained separate and apart from other funds of the government of Guam,

and independent records and accounts shall be maintained in connection

therewith, as prescribed by the Chairman and members of the Board.

Furthermore, said Fund shall be subject to an annual audit by an

independent auditor.

(l) The Board shall have the power to appoint committees to assist the

Board’s efforts in carrying out the responsibilities of this Chapter.

(m) The Board shall have the power to adopt and collect fees in

amounts necessary to enable the Board to carry out its function under this

Chapter.

(n) The Board shall retain and exercise all administrative and civil

rights and remedies commonly available to agencies in the jurisdiction. No

action or other legal proceedings for damages shall be instituted against the

Board, or against any Board Member or employee or agent of the Board, for

any act done in good faith and in the intended performance of any power

granted under this Chapter, or for any neglect or default in the performance

or exercise in good faith of any such duty or power.