Terms Used In 12 Guam Code Ann. § 12119

  • 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.
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
From every order made by the Commission under provisions of this Chapter which is final, or, if preliminary, is of the nature that deferral of review pending entry of a subsequent final decision would deprive appellant of adequate relief, an appeal shall lie to the Superior Court of Guam within thirty (30) calendar days from the date of the order. Failure of the Commission to act upon a rate request change within one hundred twenty (120) days of final filing by a public utility shall be deemed a final order denying said rate request change for the purposes of this Section.

A >final filing= by a public utility occurs when a utility has filed all documentation necessary to support the request for a rate change. The appeal shall be deemed a review of an administrative proceeding and shall not be a trial de novo. The appeal shall not of itself stay the operation of the order appealed from, but the Superior Court of Guam may stay the order after a hearing upon a motion therefor, and may impose such conditions as it may deem proper as to giving a bond and keeping the necessary accounts or otherwise in order to secure a restitution of the excess charges, if any, made during the pendency of the appeal in case the order appealed from should be sustained, reversed or modified in whole or in part.

SOURCE: Added by P.L. 17-074 (Oct. 26, 1984). Amended by P.L. 26-
027:1 (July 5, 2001).

2014 NOTE: Pursuant to P.L. 26-027:2, the first paragraph was to “”have immediate effect and shall be applied nunc pro tunc to any final filing ofTELECOMMUNICATIONS ACT OF 2004

any agency that pends before the Public Utility Commission at the time this Act becomes law.””

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