Attorney's Note

Under the Guam Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
misdemeanorup to 1 yearup to $1,000
petty misdemeanorup to 60 daysup to $500
For details, see 9 Guam Code Ann. § 80.34

Terms Used In 12 Guam Code Ann. § 1114

  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
(a) Any person who violates any provision of this Article, or any valid rule or regulation promulgated under this Article, or any valid Executive Order issued with respect to the operations of the Authority, or who refuses or neglects to comply with any lawful order given order by the Executive Manager or his delegate concerning the operation of the airports under the control of the Authority is guilty of a petty misdemeanor.

(b) (1) Any person who violates any provision of this Article, or any rule, regulation or order issued thereunder, any Executive Order issued with respect to the operation of airports operated by the Authority, or any rule, regulation or order issued thereunder, or any term, condition or limitation of any permit, certificate or operating authority issued by the Authority shall be subject to a civil penalty of not to exceed One Thousand Dollars ($1,000.00) for each violation. If such violation is a continuing one, each day such violation continues shall constitute a separate offense; provided, that this Subsection shall not apply to officers or employees of the United States or of Guam while the same are engaged in official duties.

COL 8/23/2023

12 Guam Code Ann. AUTONOMOUS AGENCIES
CH. 1 ANTONIO B. WON PAT INTERNATIONAL AIRPORT AUTHORITY, GUAM

(2) Any civil penalty may be compromised by the Executive Manager, with the written concurrence of the Board. The amount of such penalty, when finally determined, or the amount agreed upon in compromise, may be deducted from any sums owed by the Authority to the person(s) charged.

(3) In case an aircraft is involved in a violation and the violation is by the owner or person in command of the aircraft, then liability for such penalty shall devolve upon the person, corporation or other entity which has assumed responsibility for the aircraft while the same is at any airport operated by the Authority.

(4) Any person assessed a civil penalty may contest the same. If, for any reason, the person or entity assessed fails to pay upon demand of the Executive Manager, the civil penalty may be collected by the Authority through proceedings in the Superior Court of Guam against the person or entity, brought by the Attorney for the Authority.

(c) (1) The Board shall establish rules and regulations governing the assessment of civil penalties.

(2) Said Rules and Regulations shall provide for a reasonable time, not less than ten (10) days, during which the person, corporation or other entity assessed may answer the assessment by denying liability, by offering a compromise to the Executive Manager, or by paying the assessment; and for due notice to the person, corporation or other entity assessed of the nature of the violation committed.

(3) Said Rules and Regulations shall also provide notice that failure to pay the final civil penalty assessed by the time set in the rules and regulations may result in collection of said penalty through the Superior Court.

(d) Any penalty imposed by Subsection (a) of this Section shall be in addition to, and not in lieu of any civil penalty imposed by Subsection (b) of this Section; provided, that no civil penalty shall be assessed if a conviction under this Section has been obtained or a criminal proceeding is pending for the same violation.

COL 8/23/2023

12 Guam Code Ann. AUTONOMOUS AGENCIES
CH. 1 ANTONIO B. WON PAT INTERNATIONAL AIRPORT AUTHORITY, GUAM

SOURCE: GC § 62013, as added by P.L. 13-057 (Sept. 26, 1975); Subsection (a) amended by P.L. 13-187 (Sept. 2, 1976).

———-

ARTICLE 2
ISSUANCE OF GENERAL AND SPECIAL REVENUE BONDS