Guam § 76305 - Violations.

§ 76305. Violations.

(a) The Department of Revenue and Taxation may, after proceeding

in accordance with the Administrative Adjudication Act, order the

revocation of the license of any tour operator or the suspension of any

such license for a period not to exceed one (1) year, for violation by the

tour operator of this Chapter or any of the rules and regulations or

standards of conduct promulgated by the Guam Visitors Bureau. Any

person whose license has been revoked by the Department of Revenue

and Taxation shall not be eligible to reapply for the same class of license

until a year has elapsed from the date of revocation as determined by the

Department of Revenue and Taxation. Upon such reapplication the

applicant shall be treated as a new applicant except that he shall not be

eligible for a temporary license.

(b) The Department of Revenue and Taxation may, after proceeding

in accordance with the Administrative Adjudication Act, order the

revocation of the certification of eligibility and identification badge of

any tour guide or the suspension of any such certification of eligibility

and identification badge for a period not to exceed one (1) year, for

violation by the tour guide of this Chapter or any of the rules and

regulations or standards of conduct promulgated by the Guam Visitors

Bureau. Any person whose certification of eligibility and identification

badge has been revoked by the Department of Revenue and Taxation

shall not be eligible to reapply for the same certification of eligibility and

identification badge until a year has elapsed from the date of revocation

as determined by the Department of Revenue and Taxation. Upon such

reapplication the applicant shall be treated as a new applicant except that

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he or she shall not be eligible for a temporary certification of eligibility

or identification badge.

(c) Any person who uses, attempts to use or has in his or her

possession with intent to use, any tour guide certification of eligibility or

identification badge not issued to him or, if such certification of

eligibility or identification badge issued to him was issued on account of

misrepresentation to the Guam Visitors Bureau or to the Department of

Revenue and Taxation, shall be punishable by a fine no less than One

Thousand Dollars ($1,000.00) nor greater than Five Thousand Dollars

($5,000.00) for the first offense, and the fines for subsequent offenses

shall not exceed Ten Thousand Dollars ($10,000.00).

(d) Any person who photographs, photostats, duplicates or in any

way reproduces any certification of eligibility or identification badge or

facsimile thereof in such a manner that it could be mistaken for such a

certification of eligibility or identification badge, or displays or has in his

or her possession any such photograph, duplicate, reproduction or

facsimile unless authorized by the provisions of this Title, shall be

punishable by a fine no less than One Thousand Dollars ($1,000.00) nor

greater than Five Thousand Dollars ($5,000.00) for the first offense, and

the fines for subsequent offenses shall not exceed Ten Thousand Dollars

($10,000.00).

(e) The certified tour guide shall have his or her identification badge

issued by the Guam Visitors Bureau in his or her immediate possession

at all times when undertaking any activities listed under the definition of

a tour guide pursuant to § 76301 of this Article and display such

identification badge upon demand of a member of the Guam Police or

any peace officer or other authorized personnel enforcing the provisions

of this Title. Any charge under this Subsection shall be dismissed when

the person so charged produces in court a certification of eligibility duly

issued to such person and valid at the time of his or her arrest.

(f) In addition to the penalties set forth in this Section, a tour

operator or any other person who knowingly employs a tour guide who is

not properly certified and licensed in accordance with this Chapter shall

be punishable by a fine of no less than One Thousand Dollars

($1,000.00) nor greater than Five Thousand Dollars ($5,000.00) for the

first offense, and the fines for subsequent offenses shall not exceed Ten

Thousand Dollars ($10,000.00).

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