Guam § 32121 - Disciplinary Action Procedures.

§ 32121. Disciplinary Action Procedures.

(a) Any person may press charges of fraud, deceit, gross negligence,

incompetence, misconduct, or violation of the rules of professional conduct,

against any individual registrant, or against any corporation, limited liability

company, partnership or association holding a Certificate of Authorization.

Such charges shall be in writing and shall be sworn to by the person or

persons making them and shall be filed with the Secretary/Treasurer of the

Board. The Board may summarily take action, without compliance with the

Administrative Adjudication Law, to suspend, revoke, or deny a Certificate

of Registration or Authorization from any individual registrant, corporation,

partnership or association, when it has received or obtained either a record of

conviction or notice via news media and/or radio that said registrant,

corporation, limited liability company, partnership or association has been

found guilty of a crime.

(b) All charges, unless dismissed by the Board as unfounded or trivial,

shall be heard by the Board within three (3) months after the date on which

the charges have been determined to have merit by the Executive Board

Administrator. At the Board’s discretion, an extension of time up to an

additional three (3) months for the hearing may be granted upon the request

of either party. The hearing shall be conducted in accordance with the

requirements of the Administrative Adjudication Law.

(c) The time and place for said hearing shall be fixed by the Board,

and a copy of the charges, together with a notice of the time and place of

hearing, shall be served on or mailed to the individual registrant, or

corporation, partnership, limited liability company or association holding a

Certificate of Authorization, or to his designated counsel in accordance with

the requirements of the Administrative Adjudication Law. At any hearing,

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the accused shall have the right to appear in person or by counsel, or both, to

cross-examine witnesses in his or its defense, and to produce evidence and

witnesses in his own defense. If the accused person fails or refuses to

appear, the Board may proceed to hear and determine the validity of the

charges.

(d) If, after such hearing, a majority of the Board votes in favor of

sustaining the charges, the Board shall reprimand, suspend, refuse to renew,

or revoke the Certificate of Registration or Certificate of Authorization.

(e) Any individual registrant having a Certificate of Registration, or

corporation, partnership, limited liability company or association holding a

Certificate of Authorization, aggrieved by any action of the Board in

denying, suspending, refusing to renew or revoking his Certificate of

Registration, or its Certificate of Authorization, may appeal therefrom to the

proper court under normal civil procedures.

(f) The Board may, upon petition of a formerly licensed individual

registrant or corporation, partnership or association, reissue a Certificate of

Registration or Authorization, provided that not less than four (4) members

of the seven (7) member Board, vote in favor of such issuance.

(g) No Certificate of Registration or Authorization shall be suspended,

revoked or denied renewal by the Board, except after a hearing, in

accordance with the provisions of the Administrative Adjudication Law.