Guam § 50103 - Powers and Duties of the Agency and the Board.

§ 50103. Powers and Duties of the Agency and the Board.

The Agency shall be responsible for the implementation of

this Chapter. All authority vested in the Board by virtue of this

Chapter may, with like force and effect, be exercised by such

employees of the Agency as the Board may from time to time

designate for the purpose. The Board shall have the authority to:

(a) Adopt, promulgate, amend, rescind, and repeal rules

and regulations, in accordance with the Administrative

Adjudication Law:

(1) As may be necessary to implement and

effectuate the provisions and regulations of this Chapter;

(2) As may be necessary to establish additional

requirements, which may be at least equivalent to or

more stringent or broader in scope than the requirements

of the Federal Insecticide, Fungicide and Rodenticide

Act (FIFRA) and regulations promulgated pursuant to

the FIFRA;

(3) Designate restricted use pesticides;

(4) Suspend or ban certain pesticides or specific

uses of certain pesticides;

(5) Require keeping of and access to records

relating to importation, receipt, sale, production, use,

storage, or disposal of pesticide and pesticide device;

(b) Only after holding a public hearing, with at least ten

(10) days prior public notice:

(1) Declare as a pest any form of plant or animal

life (other than bacteria, a virus, or other micro-

organisms on or in living humans or living animals)

which is injurious to health or the environment;

(2) Designate restricted use pesticides or devices;

(3) Suspend or ban certain pesticides or specific

uses of certain pesticides;

(4) The Agency shall promulgate rules and

regulations regarding any action taken under this

subsection within twelve (12) months of any action

taken; and

(5) Revoke a permit, license or certification.

(6) Require coloration of a pesticide and to exempt

from coloration specific uses of certain pesticides.

(c) Hold hearings related to any aspect of, or matter in

the administration of, this Chapter, and in connection

therewith, administer oaths, examine witnesses and issue

subpoenas to compel the attendance of witnesses and the

production of evidence;

(d) Hear and decide appeals of orders issued by the

Administrator.

(e) Deny a permit, license, registration, or certification.

(f) Establish procedures, conditions, and fees for

pesticide registration and permits, and for licenses and

certification, under this Chapter.

(g) Establish procedures and standards, and fees for the

collection and examination of samples of pesticides or

devices, for coloring of pesticides, and for storage and

disposal.