12 Guam Code Ann. § 12207
Terms Used In 12 Guam Code Ann. § 12207
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
(b) A petition or complaint filed under this Section shall be in writing, plainly and distinctly state the grounds thereof, and contain all information on which the person intends to rely to support the petition or complaint. Petitions or complaints that do not meet the requirements of this subsection, or that the Commission determines are frivolous or fail to state a claim, shall be dismissed or suspended pending the receipt by the Commission of the required information. Petitions or complaints that are accepted for filing shall be promptly forwarded by the Commission to the telecommunications company against whom the petition or complaint was filed.
(c) Unless otherwise ordered by the Commission, for
(1) all petitions or complaints involving a dispute of
One Thousand Dollars ($1,000.00) or less and
(2) at the option of the complainant or the telecommunications company against whom the petition or complaint was filed,
for a period of sixty (60) days after the petition or complaint is received by the telecommunications company against whom the petition or complaint was filed, the parties shall attempt in good faith to resolve the dispute through alternative means.
(d) If the petition or complaint is not dismissed or suspended under subsection (b) or resolved pursuant to subsection (c), the Commission shall provide the
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telecommunications company against whom the petition or complaint was filed the opportunity to respond in writing.
(1) Following the submission of the telecommunications company=s response, the Commission shall conduct a hearing at which the complainant and the telecommunications company shall have the opportunity to be heard.
(2) Sections 12109, 12111, 12112, and 12114 of this Title shall apply to any investigation and hearing by the Commission under this Section.
(3) If, after notice and opportunity for hearing and a finding of a violation on the part of the telecommunications company, the Commission determines that the complainant is entitled to an award of damages sustained in consequence of such violation, it may order the telecommunications company to pay to the complainant the sum to which the complainant is entitled.
(4) The Commission may also impose attorneys= fees against a party and impose penalties under this Article if the Commission determines, after notice and opportunity for hearing, that a party has failed to act in good faith.
(e) Except as otherwise provided in subsection (b), the Commission shall issue a final order resolving the petition or complaint within one hundred eighty (180) days after the filing of the petition or complaint; provided, however, the Commission may extend the time for issuing a final order resolving the petition or complaint if the principal parties of record agree to such extension.
(f) A final order of the Commission shall be subject to review as provided by Section 12119 of this Title.
SOURCE: Added by P.L. 27-110:10 (Nov. 1, 2004).
2015 NOTE: Subsection designations in (d) were added in accordance to the authority granted by 1 Guam Code Ann. § 1606.
2013 NOTE: Subsection designations in subsection (c) were altered to adhere to the Compiler’s alpha-numeric scheme pursuant to the authority granted by 1 Guam Code Ann. § 1606.
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12 Guam Code Ann. AUTONOMOUS AGENCIES
CH. 12 PUBLIC UTILITIES COMMISSION AND THE GUAM
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