10 Guam Code Ann. § 18129
Terms Used In 10 Guam Code Ann. § 18129
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Conviction: A judgement of guilt against a criminal defendant.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- 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.
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Oath: A promise to tell the truth.
COL 6/21/2023
10 Guam Code Ann. HEALTH AND SAFETY
CH. 18 BARBERING AND COSMETOLOGY ACT OF 2010
The Board may revoke, suspend or deny at any time any license required by this Chapter on any of the grounds for disciplinary action provided in this Section. The grounds for disciplinary action are as follows:
(a) failure of a person, firm or corporation operating an establishment, or engaged in any practice regulated by this Chapter, to comply with the requirements of this Chapter;
(b) failure to comply with the rules governing health and safety adopted by the Board for the regulation of establishments or any practice licensed and regulated under this Chapter;
(c) failure to comply with the rules adopted by the Board for the regulation of establishments, or any practice licensed and regulated under this Chapter;
(d) gross negligence, including failure to comply with generally accepted standards for the practice of barbering, cosmetology, manicurist or electrology, or disregard for the health and safety of patrons;
(e) repeated similar negligent acts;
(f) incompetence, including failure to comply with generally accepted standards for the practice of barbering, cosmetology, manicurist, or electrology;
(g) continued practice by a person knowingly having an infectious or contagious disease;
(h) habitual drunkenness, habitual use of, or addiction to the use of any controlled substance;
(i) advertising by means of knowingly false or deceptive statements;
(j) obtaining or attempting to obtain practice in any occupation licensed and regulated under this Chapter, or money or compensation in any form, by fraudulent misrepresentations;
(k) failure to display the license or health and safety rules and regulations in a conspicuous place;
COL 6/21/2023
10 Guam Code Ann. HEALTH AND SAFETY
CH. 18 BARBERING AND COSMETOLOGY ACT OF 2010
(l) engaging, outside of a licensed establishment and for compensation in any form whatsoever, in any practice for which a license is required for under this Chapter, except that when such service is provided because of illness or other physical or mental incapacitation of the recipient of the service, and when performed by a licensee obtained for the purpose from a licensed establishment;
(m) conviction of any crime substantially related to the qualifications, functions or duties of the license holder, in which case the record of conviction or a certified copy, shall be conclusive evidence thereof;
(n) permitting a license to be used where the holder is not personally, actively and continuously engaged in business;
(o) the making of any false statement as to a material matter in any oath or affidavit, which is required by the provisions of this Chapter;
(p) refusal to permit, or interference with, an inspection authorized under this Chapter; or
(q) any action or conduct which would have warranted the denial of a license;
(r) permitting an unlicensed person to perform activities which require a license under this Chapter;
(s) making a false statement on any document submitted or required;
(t) any person who violates this Chapter, or the Rules and Regulations adopted pursuant thereto shall be fined not less than One Hundred Dollars ($100.00), and no more than One Thousand Dollars($1,000.00) for each violation;
(u) any person who practices cosmetology, or maintains a school or a beauty shop, barber shop, esthetic skin care shop, electrology shop, nail care shop, or acts in any capacity, wherein a license is required, without a license as provided in this Chapter, shall be fined not more than One Hundred Dollars ($100.00), or imprisoned not more than
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COL 6/21/2023
10 Guam Code Ann. HEALTH AND SAFETY
CH. 18 BARBERING AND COSMETOLOGY ACT OF 2010
ninety (90) days, or both. Each and every day of violation
shall be a separate offense;
(v) the Board shall aid prosecuting officers in the prosecution of persons charged with violations of this Chapter;
(w) the Department, in addition to any other remedies available, may apply to a court having competent jurisdiction for an injunction to restrain any violation of this Chapter.