Guam § 6104 - Administrative Responsibilities.

§ 6104. Administrative Responsibilities.

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(a) The Guam Department of Labor shall develop administrative

rules and regulations in accordance with outlining the procedures by

which it will accept, investigate, and adjudicate complaints of Fair

Chances Hiring Process Act violations, and the enforcement of

provisions of the Act. All rules and regulations shall comply with the

Administrative Adjudication Law, as required in Chapter 9 of Title 5,

Guam Code Annotated.

(1) The Director of Labor shall be the Hearing Officer in any

appeals relative to enforcement actions initiated by the Fair

Employment Practice Office.

(2) The Fair Employment Practice Office shall have all

necessary enforcement and investigative powers to enforce

provisions of this Act.

(3) The Department may refer any unpaid penalties to the

Department of Revenue and Taxation, or other appropriate licensing

entities, who shall require that all penalties under this Act be paid in

full before renewing a business license.

(b) In the development and application of rules and regulations, the

Department shall take into consideration penalties ranging from training,

retraining, written warning, and financial penalties. The Guam

Department of Labor is hereby authorized to issue fines for violations of

this Act in accordance with the following monetary caps:

(1) for employers that employ fifteen (15) to thirty (30)

employees, a fine of up to, but not more than, One Thousand

Dollars ($1000.00) per violation;

(2) for employers that employ thirty-one (31) to ninety-nine

(99) employees, a fine of up to, but not more than, Two Thousand

Dollars ($2000.00) per violation; and

(3) for employers that employ one hundred (100) or more

employees, or for any government of Guam agency, a fine of up to,

but not more than, Four Thousand Dollars ($4000.00) per violation.

(c) The Guam Department of Labor may develop a training

program and/or a plan for providing training resources for employers and

their representatives, such as hiring authorities or human resource

officers. The program may include a mandatory posting in each

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employer’s premises, developed by the Department, which notifies

employees of this Act and other labor laws.

(d) Any penalty fines for violations of this Act shall be collected

by the Department of Labor. Fines collected by the Department under the

provisions of this Section shall be deposited in the Manpower

Development Fund to be employed exclusively for the training programs

and enforcement operations within the Fair Employment Practice Office.

The Director of Labor shall submit an annual report of all expenditures

and activities under this Subsection to I Liheslatura (the Legislature).

(e) An employer may request for an advisory opinion from the Fair

Employment Practice Office with regards to a specific situation related to

this Act; provided, however, that the Director may decline to entertain

such requests at his or her discretion.