Guam § 87120 - Safety Review Board May Make Rules and Establish Fees.

§ 87120. Safety Review Board May Make Rules and Establish Fees.

In the hearings before it, the Board is not bound by the procedures set

out in the Administrative Adjudication Law, 5 GCA Chapter 9, Article 2, but

may establish its own procedures for the conduct of hearings and the

admission of evidence. It shall establish its own procedures however, by

promulgating rules according to the rule-making procedures set out in The

Administrative Adjudication Law (5 GCA Chapter 9). The Board shall not

be bound by the strict rules of statutory or common law relating to the

admission or rejection of evidence, but may exercise its own discretion in

these matters with a view to doing substantial justice. However, in making a

determination whether to uphold a 30-Day Citation or to issue a Standing

Citation, the Safety Review Board shall above all:

(a) Place the burden of proof on the affected agency as to why said

citation should not be upheld or issued;

(b) Consider the potential danger to employees, as well as the potential

liability to the Government should an accident occur; and

(c) Consider whether the cited violation can be corrected within the

financial and personnel means of the affected agency.

All findings of the Safety Review Board shall be in writing and

furnished to the Chief Officer of the affected agency, its Safety Officer, and

the Administrator. The Board may establish and amend a schedule of

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reasonable fees and costs for copies of papers and records requested by

interested parties or any person or entity, and for the filing and serving of

papers and documents required by this Chapter. All such fees and costs

charged and collected shall be paid into the Safety Review Board Fund.