Guam § 9301 - Adoption, Repeal, Recission or Amendment of Rules:

§ 9301. Adoption, Repeal, Recission or Amendment of Rules:

Procedure.

(a) Before any rule is adopted, amended, rescinded or repealed by

any agency it shall cause a notice to be published in a newspaper of

general circulation in Guam, at least ten (10) days prior to the date set

for a hearing. Said notice shall include a statement of the time and place

of said hearing, a reference to the subject matter of the proposed rule or

rules, and refer to the fact that a copy of said proposed rule or rules is on

file at the office of said agency, where it may be examined; provided,

however, that no rule shall be invalid because the reference to the subject

matter thereof in said notice may be inadequate or insufficient. At least

five (5) copies of said proposed rule or rules shall be on file at the office

of said agency from the date of publication of said notice continuously

until the said hearing and any interested person shall be given an

adequate opportunity to examine a copy of said proposed rule or rules.

Copies of the proposed rule or rules will also be made available on the

website of said agency for public review.

(b) On the date set for hearing any interested party in person or his

authorized representative or both shall be afforded an adequate

opportunity to participate in the formulation of the proposed rule or rules

through the presentation of facts or argument or the submission of

written data or views. All relevant matter presented shall be given full

consideration by the agency, and a change in the proposed rule or rules

because of facts, arguments, written data or views stated at the hearing

will not require the setting of a new hearing unless it is so determined by

said agency.

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(c) Any agency may adopt procedures in addition to those required

by this law including the holding of conferences and inviting and

permitting the submission of suggestions, facts, arguments and views of

interested persons in advance of the drafting of the proposed rule or

rules.

(d) Any government of Guam department, agency, autonomous

agency, office or instrumentality promulgating rules or regulations under

Chapter 4 of Title 4, Guam Code Annotated, shall include, as part of the

promulgation of such rules or regulations, an economic impact statement.

This statement must be completed and made available to the public prior

to any required hearings on the proposed rules or regulations. Any

proposed personnel rules or regulations shall also be submitted to the

Department of Administration for review, to provide for greater

uniformity to the rule-making process throughout agencies and

departments.

(e) No proposed rule or regulation shall be transmitted to I

Liheslaturan Guåhan for consideration without an economic impact

statement, and a review by the Department of Administration for

personnel rules and regulations, nor shall any proposed rule or regulation

go into effect without a completed economic impact statement and, in the

case of proposed personnel rules and regulations, a written statement of

approval by the Department of Administration.

(f) The economic impact statement required by Subsections (d) and

(e) of this Section must directly address, at a minimum, the following:

(1) The purpose and the need for the rule or regulation; an

assessment of the risk and the cost of the imposed rule or regulation.

In addition, government agencies proposing a new rule or regulation

must include with the assessment, the justification for the new rule

or regulation.

(2) The financial impact of the proposed rule or regulation

upon those persons or corporate entities directly affected by the

proposed rule or regulation, and upon the people and the economy

of Guam.

(3) Any potential increase or decrease in the cost of living on

Guam, or any specific increase or decrease in the price or

availability of any good or service on Guam directly or indirectly

attributable to the proposed rule or regulation.

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(4) Any direct or indirect impact upon employment on Guam

or any increase or decrease in the availability of a particular job or

jobs, or jobs in general, attributable to the proposed rule or

regulation.

(5) Any increase or decrease in the cost of doing business as an

enterprise or industry on Guam, or any increase or decrease in doing

business in general, which is attributable to the proposed rule or

regulation.

(6) Any adverse or beneficial economic impact which is

attributable to the proposed rule or regulation.

(g) The provisions of this Section are also applicable to any

department, agency, autonomous agency, office or instrumentality of the

government of Guam, which is proposing to increase any fee for service.

(h) An economic impact statement shall be produced by the

department, agency, autonomous agency, office or instrumentality of the

government of Guam which has proposed the rule, regulation, fee, or

increase of fees for services.

(i) Exemptions. Any proposed rule, change of rule, regulation or

request to impose or raise fees or rates shall be exempted from the

economic impact statement requirements of Subsection (d), (e), (f), (g),

and (h) of this Section if the annual economic impact to the general

public is Five Hundred Thousand Dollars ($500,000) or less, as

determined by a preliminary cost impact assessment performed by the

Bureau of Budget and Management Research, or the department, agency,

autonomous agency, office or instrumentality proposing the rule, change

of rule, regulation or request to impose or raise fees. The preliminary

cost impact assessment must be completed and made available to the

public prior to any required hearings on the proposed rules or

regulations, and must be transmitted to I Liheslatura (the Legislature) as

part of the agency record.

(j) A rule, change of rule, regulation or request to impose or raise

fees adopted under the exemption granted in Subsection (i) of this

Section shall, one (1) year after adoption, have a preliminary cost impact

assessment performed by the Bureau of Budget and Management

Research. If the preliminary cost impact assessment shows that the cost

impact of the rule, change of rule, regulation, or request to impose or

raise fees exceeds Five Hundred Thousand Dollars ($500,000.00)

annually, then an economic impact statement, as required in Subsections

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(d), (e), (f), (g) and (h), shall be prepared and transmitted to I

Liheslaturan Guåhan within sixty (60) days after the completion of the

preliminary cost impact assessment.