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Terms Used In 10 Guam Code Ann. § 47109

  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(a) Whenever the agency has reason to believe that a violation of any provision of this Act, or rule or regulation pursuant thereto, has occurred, it may cause written notice to be served upon the alleged violator or violators. The notice shall specify the provision of this Act or rule or regulation alleged to be violated, and the facts alleged to constitute a violation thereof, and may include an order that necessary corrective action be taken within a specified time. Any such order shall become final unless, no later than ten (10) days after the date the notice and order are served, the person or persons named therein request in writing a hearing before the Agency. Upon

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10 Guam Code Ann. HEALTH AND SAFETY
CH. 47 WATER POLLUTION CONTROL

such a request, the Agency shall hold a hearing. In lieu of an order, the Agency may require that the alleged violator or violators appear before the Agency for a hearing at a time and place specified in the notice and answer the charges complained of, or the Agency may initiate action pursuant to § 47111 of this Act.

(b) If, after a hearing held pursuant to Subsection (a) of this Section, the Agency finds that a violation or violations have occurred, it shall affirm or modify the order previously issued or issue an appropriate order or orders for the prevention, abatement, or control of the pollution involved or for the taking of such other corrective action as may be appropriate. If, after hearing on an order contained in a notice, the Agency finds that no violation has occurred or is occurring, it shall rescind the order. Any order issued as part of a notice or after hearing may prescribe the date or dates by which the violation or violations shall cease and may prescribe timetables for necessary action in preventing, abating or controlling the pollution.
(c) No later than ten (10) days after the issuance of the final order of the Agency, an appeal to the Superior Court of Guam may be made against any decision of the Agency by any person who is or may be adversely affected thereby.

(d) Nothing in this Act shall prevent the Agency from making efforts to obtain voluntary compliance through warning, conference or any other appropriate means.

(e) In connection with any hearing held pursuant to this Section, the Agency, or its designate, shall have power to administer oaths, examine witnesses, and issue notices of hearings and subpoenas requiring the testimony of witnesses and the production of evidence relevant to matter involved in the hearing.

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