22 Guam Code Ann. § 32121
Terms Used In 22 Guam Code Ann. § 32121
- 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.
- 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.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Fraud: Intentional deception resulting in injury to another.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
(b) All charges, unless dismissed by the Board as unfounded or trivial, shall be heard by the Board within three (3) months after the date on which the charges have been determined to have merit by the Executive Board Administrator. At the Board’s discretion, an extension of time up to an additional three (3) months for the hearing may be granted upon the request of either party. The hearing shall be conducted in accordance with the requirements of the Administrative Adjudication Law.
(c) The time and place for said hearing shall be fixed by the Board, and a copy of the charges, together with a notice of the time and place of hearing, shall be served on or mailed to the individual registrant, or corporation, partnership, limited liability company or association holding a Certificate of Authorization, or to his designated counsel in accordance with the requirements of the Administrative Adjudication Law. At any hearing,
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22 Guam Code Ann. BUSINESS REGULATIONS
CH. 32 PROFESSIONAL ENGINEERS, ARCHITECTS AND LAND SURVEYORS
the accused shall have the right to appear in person or by counsel, or both, to cross-examine witnesses in his or its defense, and to produce evidence and witnesses in his own defense. If the accused person fails or refuses to appear, the Board may proceed to hear and determine the validity of the charges.
(d) If, after such hearing, a majority of the Board votes in favor of sustaining the charges, the Board shall reprimand, suspend, refuse to renew, or revoke the Certificate of Registration or Certificate of Authorization.
(e) Any individual registrant having a Certificate of Registration, or corporation, partnership, limited liability company or association holding a Certificate of Authorization, aggrieved by any action of the Board in denying, suspending, refusing to renew or revoking his Certificate of Registration, or its Certificate of Authorization, may appeal therefrom to the proper court under normal civil procedures.
(f) The Board may, upon petition of a formerly licensed individual registrant or corporation, partnership or association, reissue a Certificate of Registration or Authorization, provided that not less than four (4) members of the seven (7) member Board, vote in favor of such issuance.
(g) No Certificate of Registration or Authorization shall be suspended, revoked or denied renewal by the Board, except after a hearing, in accordance with the provisions of the Administrative Adjudication Law.