(a) A person shall be entitled to demand in writing a hearing before the Director of Revenue and Taxation or his representative whenever the Director of Revenue and Taxation:

(1) Has refused to issue such person an operator’s or chauffeur’s license or to renew the same;

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(2) Has given notice of the imposition of terms or conditions of probation; or

(3) Has given notice of the suspension or revocation of his privilege of operating a motor vehicle upon a highway or an operator’s or chauffeur’s license issued to such a person.

The applicant or licensee shall not be entitled to a hearing under this Subsection whenever such action by the Director of Revenue and Taxation is made mandatory by the provisions of this Title, or when such person has had an opportunity to be heard, nor to a formal hearing whenever the action was taken on grounds ascertainable on examination or re-examination pursuant to the provisions of this Title.

(b) As an additional and alternative procedure to that set forth in Subsection (a), the Director of Revenue and Taxation may give to any person whose license he proposes to revoke, suspend, or on whom he proposes to impose terms of probation, or whose application for license he proposes to review, notice and an opportunity to be heard before taking such action. In such case the Director of Revenue and Taxation shall give notice of his proposed action by a statement setting forth the proposed action and the grounds therefor, and notifying the person of his right to a hearing; or the Director, at the time he gives notice of his intention to act may set the hearings, giving ten (10) days notice thereof.

(c) In either of the cases stated in Subsection (a) or (b) above, the person receiving the notice shall have ten (10) days in which to respond to the notice. He may either (1) demand a formal hearing, or (2) demand an informal hearing in which he may controvert any point at issue or present any evidence, statement, or argument for the consideration of the Director of Revenue and Taxation, or may present orally to the Director of Revenue and Taxation any evidence or statement pertinent to the question and submit the question for determination by the Director of Revenue and Taxation.

(d) Whenever any question is submitted for determination by the Director of Revenue and Taxation without formal hearing as stated in Subsection (c), the Director of Revenue and Taxation shall have the right upon the request of the person whose privilege

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of driving is in question, or at his own option to, re-open the question, and to take further evidence, to change or to set aside any order heretofore made.

(e) Failure to respond to a notice given under Subsection (a) or (b) hereof within ten (10) days shall be deemed a waiver of the right to a hearing, and authorize the Director of Revenue and Taxation to take the action without hearing; but in such case the Director of Revenue and Taxation shall have the right upon the request of the person whose privilege of driving is in question, or at his own option, to set aside any order heretofore made, or to give a formal hearing or an informal hearing.

(f) If a formal hearing is demanded the Director of Revenue and Taxation shall fix a time and place for hearing as early as may be arranged, and give ten (10) days’ notice of such hearing to the applicant or licensee.

(g) Hearings shall be conducted by the Director of Revenue and Taxation or by a referee or hearing board appointed by him from officers or employees of the Department of Revenue and Taxation.

(h) At any hearing, the Director of Revenue and Taxation shall consider the official records maintained or kept by the Department of Revenue and Taxation pursuant to law or filed with the Department under the requirements of law and shall likewise be entitled to receive as evidence, either at the hearing, or subsequent thereto with the consent of the applicant or licensee, and use as proof concerning any fact relating to the ability of the applicant or licensee to operate a motor vehicle safely, the following material in addition to sworn testimony presented in open hearing:

(1) Reports of attending or examining physicians.

(2) Reports of special investigators appointed by the Department of Revenue and Taxation to investigate and report upon any scientific or medical question.

(3) Properly authenticated reports of hospital records, excerpts from expert testimony received by the Director of Revenue and Taxation or a hearing board upon similar issues

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of scientific fact in other cases and the prior decisions of the
Director of Revenue and Taxation upon such issues.

(i) Upon the conclusion of the hearing the referee or board shall make findings on the matters under consideration and recommendations may also be prepared and submitted to the Director of Revenue and Taxation.

(j) The Director of Revenue and Taxation, upon review of the records, evidence and of the findings, if any, shall render his decision concerning refusal of an operator’s or chauffeur’s license, the imposing of terms or conditions or probation, or concerning the suspension or revocation of the privilege of operating a motor vehicle or of any operator’s or chauffeur’s license, or in those cases in which an action has been previously taken by the Department of Revenue and Taxation, the Director of Revenue and Taxation shall render his decision sustaining, modifying or revising the order of suspension or revocation or the refusal to issue a license or the order imposing terms or conditions of probation or he may set aside the prior action of the Department and direct that probation be granted to such person and fix the terms and conditions of such probation. The decision of the Director of Revenue and Taxation following any formal hearing shall be final and not subject to modification for one (1) year except where the cause for which the action was taken has been removed.

(k) Nothing in this Title shall be deemed to prevent a review or other action as may be permitted by the laws of Guam by a court of competent jurisdiction with reference to any order of the Director of Revenue and Taxation refusing, canceling, suspending, or revoking a license.

(l) The Department of Revenue and Taxation shall file every application for license received by it and maintain:

(1) A suitable index containing, in alphabetical order, all applications denied and on each thereof, note the reasons for such denial.

(2) A suitable index containing, in alphabetical order, all applications granted.

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(3) A suitable index containing, in alphabetical order, the name of every licensee whose license has been suspended or revoked by the Department or by a court and after each such name note the reasons for such action and the period of revocation or suspension.

(4) The Department shall also file all accident reports and abstracts of court records of convictions received under this Code and in connection therewith maintain convenient records or make suitable notations in order that an individual record of each licensee showing the convictions of such licensee and the traffic incidents in which he was involved shall be readily ascertainable.

SOURCE: GC § 23103, enacted by P.L. 01-088 (Nov. 29, 1952), as amended by P.L. 12-155 (July 10, 1974).