Terms Used In 10 Guam Code Ann. § 50118

  • Conviction: A judgement of guilt against a criminal defendant.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
(a) Criminal Penalties. Any person who knowingly violates

COL 6/21/2023

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

any provision of this Chapter, or any valid rule or regulation promulgated under this Chapter, or who refuses or neglects to comply with any lawful license, certification, permit, registration, Notice of Arrival, or order issued by the Administrator in carrying out the provisions of this Chapter shall, upon conviction, be guilty of a felony and sentenced to imprisonment for a term not to exceed five (5) years and be fined not more than Ten Thousand Dollars ($10,000) per day for each violation or non-compliance and shall make restitution.

(b) Civil Penalties. Any person who violates any provision of this Chapter, or any valid rule or regulation promulgated under this Chapter, or refuses or neglects to comply with any lawful license, certification, permit, registration, Notice of Arrival, or order issued by the Administrator in carrying out the provisions of this Chapter shall, in addition to clean-up cost and other damages, forfeit and pay a civil penalty of not more than Ten Thousand Dollars ($10,000) per day for each violation or non-compliance.

(c) Administrative Penalties. In addition to any other administrative or judicial remedy provided by this Chapter, or by rules adopted under this Chapter, the Administrator is authorized to impose by order the penalties specified in § 50118(a-b). Factors to be considered in imposing an administrative penalty include the nature and history of the violation and of any prior violations, and the opportunity, difficulty, and history of corrective action. It is presumed that the violator’s economic and financial conditions allow payment of the penalty, and the burden of proof to the contrary is on the violator. In any proceeding to recover the civil penalty imposed, the Administrator need only show that notice was given, a hearing was held or the time granted for requesting a hearing has expired without such a request, the civil penalty was imposed, and that the penalty remains unpaid.

(d) The Agency may institute and maintain a judicial action to enforce the provisions of this Chapter, or any valid rule or regulation promulgated under this Chapter, or any lawful license, certification, permit, registration, Notice of Arrival, or order issued by the Administrator in carrying out the provisions of this Chapter, by injunction, receivership or other appropriate remedy. The rights in this Section are in addition to any other rules or

COL 6/21/2023

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

penalties conferred by this Chapter.

(e) Nothing in this Chapter shall be construed to abridge, limit, impair, create, enlarge, or otherwise affect substantively or procedurally the right of any person to damages or other relief on account of injury to person or property and to maintain any action of other appropriate proceeding therefore.

  Previous section
Next section  
 Chapter 50 Contents