22 Guam Code Ann. § 32109
Terms Used In 22 Guam Code Ann. § 32109
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Subpoena: A command to a witness to appear and give testimony.
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22 Guam Code Ann. BUSINESS REGULATIONS
CH. 32 PROFESSIONAL ENGINEERS, ARCHITECTS AND LAND SURVEYORS
regulation of its procedures, meetings, records, examinations and the conduct thereof. These actions by the Board shall be binding upon the persons licensed or registered under this Chapter, and on non-licensees found by the Board to be in violation of the provisions of the Chapter, and shall be applicable to corporations holding a Certificate of Authorization, as provided in § 32123 of this Chapter.
(b) The Board shall adopt and have an official seal, which shall be affixed to each certificate issued.
(c) In carrying into effect the provisions of this Chapter, the Board, under the hand of its Chairman and the seal of the Board, may subpoena witnesses and compel their attendance, and also may require the submission of books, papers, documents, or other pertinent data, in any disciplinary matters, or in any case wherever a violation of this Chapter is alleged. Upon failure or refusal to comply with any such order of the Board, or upon failure to honor its subpoena, as herein provided, the Board may apply to a court of any jurisdiction to enforce compliance with same.
(d) The Board, in the name of Guam, may apply for relief by injunction in the Superior Court, without bond, to enforce the provisions of this Chapter, or to restrain any violation thereof. In such proceedings, it shall not be necessary to allege or prove, either that an adequate remedy at law does not exist, or that substantial or irreparable damage would result from the continued violation thereof. The members of the Board shall not be personally liable under these proceedings.
(e) The Board shall have prepared and shall adopt a set of rules for professional conduct, which shall be binding upon persons registered under this Chapter, and which shall be made known in writing to every registrant and applicant for registration under this Chapter, and which shall be published in the roster provided for in § 32112 of this Chapter. The Board may revise and amend these rules for professional conduct from time to time and shall forthwith notify each registrant in writing of such revisions or amendments.
(f) The adoption and amendment of such rules and regulations and rules of procedure and rules of professional conduct shall be in accordance with the provisions of the Administrative Adjudication Law.
(g) The Board may subject an applicant for registration to such examinations, as may be provided for in the rules and regulations, to
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22 Guam Code Ann. BUSINESS REGULATIONS
CH. 32 PROFESSIONAL ENGINEERS, ARCHITECTS AND LAND SURVEYORS
determine his qualifications.
(h) The Board shall encourage private professional engineering, architectural, landscape architectural, and land surveying societies to conduct seminars to prepare applicants for the examinations and shall assist in the coordination of the seminars.
(i) The Board shall have the power and authority to require a demonstration of continuing professional competency of engineers, architects, landscape architects and land surveyors as a condition of renewal or relicensure.
(j) The Board shall have the authority for citation and fining persons and business entities engaged in the unlawful practice of engineering, architecture, landscape architecture and land surveying who are not licensed or authorized in this jurisdiction, in accordance with §§ 32121 and 32122, and as provided by law.
(k) The Board shall maintain the PEALS Revolving Fund within the cognizance of the members of the Board to continue to manage the day-to- day financial obligations of the Board. Such revolving fund shall be maintained separate and apart from other funds of the government of Guam, and independent records and accounts shall be maintained in connection therewith, as prescribed by the Chairman and members of the Board. Furthermore, said Fund shall be subject to an annual audit by an independent auditor.
(l) The Board shall have the power to appoint committees to assist the
Board’s efforts in carrying out the responsibilities of this Chapter.
(m) The Board shall have the power to adopt and collect fees in amounts necessary to enable the Board to carry out its function under this Chapter.
(n) The Board shall retain and exercise all administrative and civil rights and remedies commonly available to agencies in the jurisdiction. No action or other legal proceedings for damages shall be instituted against the Board, or against any Board Member or employee or agent of the Board, for any act done in good faith and in the intended performance of any power granted under this Chapter, or for any neglect or default in the performance or exercise in good faith of any such duty or power.