Terms Used In 11 Guam Code Ann. § 6503

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
Except as otherwise specifically provided for herein, the Director shall conduct any proceedings required by this Chapter in accordance with the Administrative Adjudication Law, and shall have all of the powers granted in said Law.

(a) Upon receipt of the request for a hearing as provided in § 6501, supra, a hearing shall be held before a Hearing Officer appointed by the Director in accordance with the Administrative Adjudication Law. The hearing shall be conducted within forty-eight (48) hours of receipt of the request, holidays, Saturdays and Sundays not included. The hearing may be set for a later day if the applicant or licensee so requests.

(b) At the hearing the applicant, defendant or licensee may contest the denial, fine, revocation or suspension.

(c) If the Hearing Officer finds that the applicant is not eligible for a license, the Hearing Officer shall declare the license application denied. If the Hearing Officer finds that the fine, suspension or revocation is in accordance with this Chapter, the fine, suspension or revocation shall take effect immediately. The action of the Hearings Officer is final.

(d) If the applicant or licensee does not appear at the scheduled hearing in person, or through a representative as allowed by the Hearing Officer, the Hearing Officer shall affirm the denial, fine, revocation or suspension of the licensee or applicant.

SOURCE: Added as § 6119 by P.L. 24-278:3 (Oct. 16, 1998). Repealed and reenacted as § 6502 by P.L. 28-170:1 (Jan. 29, 2007). Renumbered pursuant to 1 Guam Code Ann. § 1606.

11 Guam Code Ann. FINANCE & TAXATION
CH. 6 TOBACCO CONTROL ACT OF 2006