Terms Used In 10 Guam Code Ann. § 76221

  • 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.
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
(a) Any person who received an order from the Administrator pursuant to this Chapter, or any person whose permit application is disapproved by the Administrator, may, within fifteen (15) calendar days after receipt thereof, file with the Board a notice of intent to appeal and a verified petition describing the basis of such appeal.

(b) The Board shall, not more than sixty (60) calendar days after receipt of such notice of intent to appeal, hold a public hearing at which the appellant may appear and present evidence supporting the petition.

(c) The Board may administer oaths and issue subpoenas to compel the attendance of witnesses and the production of evidence in all such hearings.

(d) The Board shall affirm, modify, or revoke the action appealed, and shall notify the appellant of its decision not more than thirty (30) calendar days after the hearing. Said notice shall be in writing and shall state the reasons for the decision.

(e) Any person may appeal such decision by filing a verified petition in the Superior Court of Guam within ten (10) calendar days after he/she

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CH. 76 UNDERGROUND STORAGE OF REGULATED SUBSTANCES

receives the notice required by Subsection (d) of this Section. The petitioner
shall make a transcript of the proceeding at his/her expense.