Guam § 71104 - Citations for Violations; Deposits.

§ 71104. Citations for Violations; Deposits.

(a) The Regulatory Division may issue cease and desist citations to

any person if the Regulatory Division has cause to believe the person has

violated, is violating, or evidences present intent to violate any provision

of this Chapter or administrative rule adopted thereunder. Any person

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who violates this Chapter shall be subject to a fine not to exceed One

Thousand Dollars ($1,000) unless otherwise specified; provided, that if

the person is a cash-based business, the fine shall not exceed Two

Thousand Dollars ($2,000).

(b) The Department may recommend legislation defining the

circumstances and the civil monetary fines citable for unlawful actions

under this Chapter.

(c) Any fines assessed under this Section shall be a matter of the

Regulatory Division under this Chapter, and shall be retained and

deposited into the Better Public Service Fund.

(d) Any fines assessed shall be due and payable thirty (30) days

after issuance, subject to appeal rights provided under Subsection (e);

provided, that if payment of the fine is determined to be in jeopardy,

such fine shall be payable immediately, and shall be immediately

collected. A finding of jeopardy shall be made in writing, setting forth

the specific reasons for the finding. The finding of jeopardy shall be

subject to immediate appeal under Subsection (e), and at the taxpayer’s

request the appeal shall be expedited and heard as soon as reasonably

practicable. Any amount of fine collected under jeopardy shall only be

returned upon a finding by the Director of DRT or the Superior Court of

Guam that there was no violation under this Chapter.

(e) Cease and desist citations may be appealed to the Director or

the Director’s designee, and the determination of the Director may be

appealed to the Superior Court of Guam under this Chapter.