Terms Used In 10 Guam Code Ann. § 50104

  • 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.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
The Administrator shall the have the following powers and duties:

(a) Encourage voluntary cooperation by persons and affected groups to achieve the purposes of this Chapter;

(b) Establish an effective enforcement program for the implementation of this Chapter;

(c) In implementing the provisions of this Chapter, take actions necessary to protect human health, welfare, or the environment;

(d) Issue, continue in effect, modify, revoke, reissue, or
deny permits, licenses, certifications, or registrations;

COL 6/21/2023

10 Guam Code Ann. HEALTH AND SAFETY
CH. 50 GUAM PESTICIDES ACT

(e) Collect and disseminate information;

(f) Conduct educational, certification, and training programs;

(g) Refuse the importation of any pesticide or pesticide devices;
(h) Issue letters of warning to violators as appropriate; (i) Issue, amend, rescind, and enforce orders as may be
necessary to ensure compliance with any provision of this Chapter, or of any rules, regulations, license, certification, registration, standards, or requirements issued pursuant to this Chapter including, but not limited to, an administrative penalty order, “”not limited to”” an emergency order, an administrative penalty or order requiring whatever remedial measures may be necessary or appropriate to implement or effectuate the provisions and purposes of this Chapter;

(j) Hold hearings related to any aspect of, or matter in the administration of, this Chapter, and in connection therewith, administer oaths, examine witnesses and issue subpoenas to compel the attendance of witnesses and the production of evidence;

(k) Seize certain pesticides, pesticide devices, or ban specific uses of certain pesticides;

(l) Suspend certain pesticides or specific uses of certain pesticides;

(m) Consult, upon request, with any person proposing to import, distribute, produce, or manufacture any pesticide or pesticide devices. Nothing in any consultation shall be construed to relieve any person from compliance with this Chapter, or any other provision of the law;

(n) Accept, receive, and administer grants and other funds or fees from public and private agencies, including the federal government, for carrying out any of the purposes of this Chapter;

(o) Cooperate with or enter into agreements with any person for purposes of implementing the provisions of this

COL 6/21/2023

10 Guam Code Ann. HEALTH AND SAFETY
CH. 50 GUAM PESTICIDES ACT

Chapter.

(p) Publish all Notices of Violation, Orders of Compliance, Notices of Defense, Voluntary Compliance Agreements, Settlement Agreements, and Referrals to the Office of Attorney General for Prosecution issued to any agency or persons in violation of any of the acts on its website no later than fifteen (15) days from service, and shall report all of the above to the GEPA Board of Directors at the next scheduled regular board meeting.

SOURCE: Repealed and reenacted by P.L. 29-026 (Oct. 24, 2007). Subsection (p) amended by P.L. 35-006:3 (April 5, 20109).