22 Guam Code Ann. § 32122
Attorney's Note
Under the Guam Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| third degree felony | up to 5 years | up to $5,000 |
| misdemeanor | up to 1 year | up to $1,000 |
| petty misdemeanor | up to 60 days | up to $500 |
Terms Used In 22 Guam Code Ann. § 32122
- 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.
- 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.
- 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.
- 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.
- Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
(1) In addition to any other provision of law, the Board may enter an order assessing a civil penalty against any person, firm, partnership, limited liability company or corporation found guilty by the Board of:
(A) engaging in the practice or offer to practice engineering, architecture, landscape architecture or land surveying in this jurisdiction without being licensed in accordance with the provisions of this Chapter;
(B) using or employing the words “”engineer””, “”engineering””, “”architect””, “”architecture””, “”landscape architect””, “”landscape architecture””, “”surveyor””, “”surveying””, or any modification or derivative thereof in its name or form of business activity, except as authorized in this Chapter;
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(C) presenting or attempting to use the certificate of licensure or the seal of another licensed engineer, architect, landscape architect or land surveyor;
(D) giving false or forged evidence of any kind to the Board or any member thereof in obtaining or attempting to obtain a certificate of licensure;
(E) falsely impersonating any other licensed engineer, architect, landscape architect or land surveyor of like or different name; or
(F) using or attempting to use an expired, suspended or revoked or non-existent certificate of licensure or authorization.
(2) A civil penalty levied under this Section may not be less than
$5,000 for each offense.
(3) Each day of continued violation may constitute a separate offense.
(4) In determining the amount of civil penalty to be assessed pursuant to this Section, the Board may consider such factors as the following:
(A) whether the amount imposed will be a substantial economic deterrent to the violation;
(B) the circumstances leading to the violation;
(C) the severity of the violation and the risk of harm to the public;
(D) the economic benefits gained by the violator as a result of non-compliance; and
(E) the interest of the public.
(5) Before issuing an order under this Section, the Board shall provide the person written notice and opportunity to request a hearing on the record, which need not be in accordance with the provisions of the Administrative Adjudication Law.
(6) A person aggrieved by the levy of a civil penalty under this Section, may file an appeal with the Superior Court for judicial review of the penalty aforementioned.
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(7) If a person fails to pay a civil penalty within thirty (30) days after the entry of an order under Subsection (a)(1) of this Section, or if the order is stayed pending an appeal, within ten (10) days after the court issues a final judgment in favor of the Board of an order appealed in accordance with Subsection (a)(6) of this Section, the Board shall notify the Attorney General. The Attorney General may commence a civil action to recover the amount of the penalty, plus attorney’s fees and costs.
(8) An action to enforce an order under this Section may be combined with an action of an injunction.
(b) Criminal Offenses
(1) Any person who shall practice, or offer to practice, engineering, architecture, landscape architecture or land surveying on Guam without being registered in accordance with the provisions of this Chapter, or any person, firm, partnership, organization, association, corporation or other entity using or employing the words, “”Engineer”” or “”Engineering””, “”Architect”” or “”Architecture””, “”Landscape Architect””, “”Land Surveyor”” or “”Land Surveying”” or any modification or derivative thereof in its name or form of business or activity except as authorized in this Chapter, or any person presenting or attempting to use the Certificate of Registration or the seal of another, or any person who shall give any false or forged evidence of any kind to the Board or to any member thereof if obtaining or attempting to obtain a Certificate of Registration, or any person who shall falsely impersonate any other registrant of like or different name, or any person who shall attempt to use an expired or revoked or non- existent Certificate of Registration, or who shall practice or offer to practice when not qualified, or any person who falsely claims that he is registered under this Chapter, or any person who shall violate any of the provisions of this Chapter, shall be guilty of a petty misdemeanor for the first offense, and a third degree felony for the second or any subsequent offenses.
(2) It shall be the duty of all duly constituted officers of Guam to enforce the provisions of this Chapter and to prosecute any person violating same.
(3) The Attorney General of Guam shall act as legal advisor to
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the Board and render such legal assistance as may be necessary in carrying out the provisions of this Chapter. The Board may employ independent counsel and necessary assistance to aid in the enforcement of this Chapter, and the compensation and expenses, therefore, shall be paid from funds of the Board.
(4) Any person who is not registered as a professional engineer, architect, landscape architect or land surveyor under this Chapter and who, by written or verbal claim, sign, advertisement, letterhead, card or in any other way represents himself to be a professional engineer, architect, landscape architect or land surveyor or through the use of some other title implies that he is a professional engineer, architect, landscape architect or land surveyor or that he is registered under this Chapter or holds himself out as able to perform any engineering service or work or any other service designated by the practitioner which is recognized as engineering, architecture, landscape architecture or land surveying shall be guilty of a petty misdemeanor.