Guam § 4406 - Time Standards and Case Management.

§ 4406. Time Standards and Case Management.

In order to assist in case management and promote timeliness in the resolution of matters before the

Commission, I Liheslatura establishes the following Time Standards, which the Commission shall attain in

all cases filed with the Commission after the effective date of this Act:

(a) For appeals from actions resulting in the termination of an employee, a Hearing on the Merits

shall commence no later than four (4) months from the initial filing of the appeal.

(b) For all other appeals from adverse actions, a Hearing on the Merits shall commence no later

than six (6) months from the initial filing of the appeal.

(c) For grievances filed before the Commission, a Grievance Hearing shall be held no later than

four (4) months from the initial filing of the grievance.

(d) All matters shall be adjudicated within twelve (12) months from the filing of a notice of appeal

unless the Time Standards are waived by the employee.

(e) Failure on the part of the Commission to adhere to the Time Standards described in

Subsections (a), (b), and (c) shall in no way result in the dismissal of the employee’s right to appeal

an adverse action.

(f) The Time Standards described in Subsections (a), (b), and (c) may be waived by the employee.

(g) The Time Standards described in Subsections (a), (b), and (c) may be waived by the

Commissioners upon finding substantial and compelling reasons to determine that a waiver of the

Time Standards is the only option available, and only upon mutual consent of the parties.

(h) Following all oral decisions by Commissioners, the prevailing party shall present its proposed

written decision for Commissioners to sign no later than ten (10) working days from the date of the

hearing in which the oral decision was rendered.

(i) All written decisions following any and all hearings shall be signed and ordered within sixty

(60) days of the date of the hearing.