Guam § 9303 - Adoption, Repeal, Recission, or Amendment of Rules and

§ 9303. Adoption, Repeal, Recission, or Amendment of Rules and

Regulations: Circulation and Filing.

(a) It shall be the duty of every agency which may have been or

hereafter may be clothed with or given any power or authority to make,

adopt, promulgate or enforce rules to:

(1) Prepare the rules in a form which will conform to a

standard system or code adopted by the Guam Code Advisory

Commission for the guidance of all agencies. Agencies may contact

the Compiler of Laws for recommendations as to placement and

formatting.

(2) File with I Magaʹlåhen Guåhan (the Governor of Guam) a

printed and an identical electronic (pdf) version of the proposed

rules and regulations and one (1) printed and an identical electronic

(pdf) copy of the entire agency record, to include minutes or a

resolution showing board approval of proposed rules, certification

of the agency record and compliance with each of the requirements

of this Chapter, economic impact statements, and transcripts of any

public hearings on the rules being proposed.

(3) File with the Attorney General a printed and an identical

electronic (pdf and word) version of the proposed rules and

regulations, and one (1) printed and an identical electronic (pdf)

copy of the entire agency record, to include minutes or a resolution

showing board approval of proposed rules, certification of the

agency record and compliance with each of the requirements of this

Chapter, economic impact statements, and transcripts of any public

hearings on the rules being proposed.

(4) Upon written approval of I Magaʹlåhi as to policy, and

approval of the Attorney General as to constitutionality, compliance

with this Act, and compliance with the statutory authority for the

promulgation of the rules, file with the Speaker of I Liheslatura a

printed and an identical electronic (pdf and word) version of the

proposed rules and regulations, and a printed and an identical

electronic (pdf) copy of the entire agency record, to include minutes

or a resolution showing board approval of proposed rules,

certification of the agency record and compliance with each of the

requirements of this Chapter, economic impact statements, and

transcripts of any public hearings on the rules being proposed.

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Evidence of the Governor’s and the Attorney General’s approvals

shall be included in the transmittal.

The subject line of the transmittal letter shall clearly include

the following: “This is a Transmittal to I Liheslaturan Guåhan of

Proposed Rules and Regulations pursuant to the Administrative

Adjudication Law.”

(b) If the proposed rules were not adopted by the agency or were

not transmitted in full compliance with this Chapter, I Liheslatura may

return the rules by an oversight committee letter, a rules resolution, or a

legislative resolution to the agency for correction, and a new submittal in

conformance with this Chapter shall be required. Proposed rules shall be

referred to the legislative committee with oversight of the subject matter,

and that committee or the Committee of the Whole shall conduct one (1)

or more public hearings on the proposal within seventy-five (75)

calendar days from the date of filing of the rules with the Speaker.

(c) No rule shall be effective until after compliance with the

provisions of this Section and ninety (90) calendar days have elapsed

from the date of filing with the Speaker of I Liheslatura. After the public

hearing and the ninety (90) calendar days from the date of filing, the

Speaker may certify, and the Legislative Secretary attest to, the default

approval of compliant rules and regulations pursuant to this Chapter. I

Liheslaturan Guåhan may, by the passage of a bill into law, approve,

disapprove, or amend any rule within ninety (90) calendar days from the

date of filing with the Speaker of I Liheslatura; except that any pending

rules shall be deemed disapproved upon adjournment sine die of I

Liheslaturan Guåhan.

(d) The Legislative Secretary shall maintain a copy and permanent

register of all rules proposed, which shall include a notation of the date

of filing; the date of referral to the legislative oversight committee; the

date of the scheduled legislative public hearing; the date of and link to

the legislative committee report; the date of return to the agency by

committee letter, rules resolution, or legislative resolution; the date of

passage of the bill to approve, disapprove, or amend; the date of

certification by the Speaker of default approval of the compliant rule;

and the date of disapproval due to adjournment sine die. The Legislative

Secretary shall also cause said permanent register to be published

electronically on I Liheslaturan Guåhan’s website and updated weekly.

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(e) The Compiler of Laws shall ascertain the approval of proposed

rules and regulations in accordance with 1 GCA § 1610.