Terms Used In 10 Guam Code Ann. § 49111

  • 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.
(a) Any person who received an order from the Administrator, as authorized by this Chapter, and any person whose permit application is disapproved or denied by the Administrator, may within fifteen (15) days of the date of receipt of the order or disapproval, file a notice of intent to appeal with the Board, setting forth in the notice the basis for the appeal.

(b) The Board shall, not more than sixty (60) days after receipt of the notice of appeal, hold a public hearing consistent with the Administrative Adjudication Law.

(c) The Board shall either affirm, modify or revoke any action which is appealable, or issue an appropriate order or orders for the prevention, abatement or control of the emission involved or for the taking of any other corrective action as may be appropriate to prevent, abate or control air pollution.

(d) Any person adversely affected by a decision of the Agency may have judicial review by filing a petition with the Superior Court of Guam in accordance with the Administrative

10 Guam Code Ann. HEALTH AND SAFETY
CH 49 AIR POLLUTION CONTROL ACT

Adjudication Law, and by simultaneously sending a copy of the filing by serving the Administrator. The petitioner shall reimburse the Agency for the expenses associated with the preparation of the record for judicial review.

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