Guam § 46411 - Judicial Review of Orders.

§ 46411. Judicial Review of Orders.

(a) Any person aggrieved by a final order of the Administrator may

obtain a review of the order in the Superior Court by filing in court, within

sixty (60) days after the entry of the order, a written petition praying that the

COL 052809

order be modified or set aside in whole or in part. A copy of the petition

shall be forthwith served upon the Administrator, and thereupon the

Administrator shall certify and file in court a copy of the filing and evidence

upon which the order was entered. When these have been filed, the court

has exclusive jurisdiction to affirm, modify, enforce, or set aside the order,

in whole or in part. The findings of the Administrator as to the facts, if

support by competent, material and substantial evidence, are conclusive. If

either party applies to the court for leave to adduce additional material

evidence, and shows to the satisfaction of the court that there were

reasonable grounds for failure to adduce the evidence in the hearing before

the Administrator, the court may order the additional evidence to be taken

before the Administrator and to be adduced upon the hearing in such

manner and upon such conditions as the court considers proper. The

Administrator may modify his findings and order by reason of the

additional evidence and shall file in court the additional evidence together

with any modified or new findings or order.

(b) The commencement of proceedings under subsection (a) does not

specifically ordered by the court, operated as a stay of the Administrator's

order.