Guam § 35110 - Enforcement Procedures - Investigations.

§ 35110. Enforcement Procedures - Investigations.

(a) The Board may, upon receipt of a complaint or other information

suggesting violations of this Chapter or of the rules of the Board, conduct

investigations to determine whether there is probable cause to institute

proceedings under § 35111, § 35114, § 35115, or any other Section of this

Chapter, against any person or firm for such violation, but an investigation

under § 35110 shall not be a prerequisite to such proceedings in the event

that a determination of probable cause can be made without investigation. In

aid of such investigations, the Board or the chairperson thereof may issue

subpoenas to compel witnesses to testify and/or to produce evidence.

(b) The Board may designate a member, or any other person of

appropriate competence, to serve as investigating officer to conduct an

investigation. Upon completion of an investigation, the investigating officer

shall file a report with the Board. The Board shall find probable cause, or

lack of probable cause, upon the basis of the report or shall return the report

to the investigating officer for further investigation. Unless there has been a

determination of probable cause, the report of the investigating officer, the

complaint, if any, the testimony and documents submitted in support of the

complaint or gathered in the investigation, and the fact of pendency of the

investigation shall be treated as confidential information and shall not be

disclosed to any person except law enforcement authorities and, to the extent

deemed necessary in order to conduct the investigation, the subject of the

COL4122017

investigation, persons whose complaints are being investigated, and

witnesses questioned in the course of the investigation.

(c) Upon a finding of probable cause, if the subject of the investigation

is a licensee, holder of a certificate, or an individual with privileges under §

35122 of this Chapter, the Board shall direct that a complaint be issued

under § 35111 of this Chapter, and if the subject of the investigation is not a

licensee, holder of a certificate, or an individual with privileges under §

35122, the Board shall take appropriate action under § 35114 or § 35115 of

this Chapter. Upon a finding of no probable cause, the Board shall close the

matter and shall thereafter release information relating thereto only with the

consent of the person or firm under investigation.

(d) The Board may review the publicly available professional work of

licensees, holders of certificates, or individuals with privileges under §

35122 of this Act on a general or random basis, without any requirement of a

formal complaint or suspicion of impropriety. In the event that as a result of

such review the Board discovers reasonable grounds for a more specific

investigation, the Board may proceed under Subsections (a) through (c) of

this Section.