22 Guam Code Ann. § 35104
Terms Used In 22 Guam Code Ann. § 35104
- Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Contract: A legal written agreement that becomes binding when signed.
- Conviction: A judgement of guilt against a criminal defendant.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- 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.
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- 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.
- Oath: A promise to tell the truth.
- Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
- Quorum: The number of legislators that must be present to do business.
- Subpoena: A command to a witness to appear and give testimony.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(1) The Board shall consist of five (5) members appointed by I Maga’låhi, all of whom shall be residents of Guam and holders of licenses currently valid under § 35105 of this Chapter.
(2) The term of each member of the Board shall be four (4) years.
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(3) Vacancies occurring during a term shall be filled by appointment by I Maga’låhi for the unexpired remaining term.
(4) Upon the expiration of a member’s term of office, such member shall continue to serve until a successor shall have been appointed and takes office.
(5) Any member of the Board whose license under § 35105 of this Chapter is revoked or suspended shall automatically cease to be a member of the Board.
(6) I Maga’låhi may, after a hearing pursuant to the Administrative Adjudication Law, remove any member of the Board for neglect of duty or other cause.
(b) The Board shall elect annually from among its members a chairman and such other officers as the Board may determine to be appropriate.
(1) The Board shall meet at such times and places as may be fixed by the Board.
(2) Meetings of the Board shall be open to the public except insofar as they are concerned with investigations under § 35110 of this Chapter and except as may be necessary to protect information that is required to be kept confidential by Board rules or by the laws of Guam.
(3) A majority of the Board members then in office shall constitute a quorum at any meeting duly called.
(4) The Board shall have a seal which shall be judicially noticed. (5) The Board shall retain or arrange for the retention of all
applications and all documents under oath that are filed with the Board
and also records of its proceedings, and it shall maintain a registry of the names and addresses of all licensees under this Chapter.
(6) In any proceeding in court, civil or criminal, arising out of or founded upon any provision of this Chapter, copies of any of said records certified as true copies under the seal of the Board shall be admissible in evidence as tending to prove the contents of said records.
(c) Each member of the Board shall be reimbursed for the member=s actual and necessary expenses incurred in the discharge of the member=s official duties.
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(d) Notwithstanding the Central Accounting Act, all fees and money collected by the Board under this Chapter shall be accounted for by the Board and deposited in a special fund known as the ‘Guam Board of Accountancy Fund.’
(1) The Board shall maintain said Fund in a bank licensed to do business on Guam, and funds therein shall be paid out only upon a request for payment, or requisition, submitted by the Executive Director and countersigned by the Chairperson of the Board, or some other member specifically designated by the Board. All monies in this Fund are subject to legislative appropriation for the use of the Board in performing its duties. Said monies shall be expended solely to administer the provisions of this Chapter, and may include, but shall not be limited to,
(A) the cost of investigations, taking testimony and procuring the attendance of witnesses before the Board or its committees;
(B) all legal proceedings brought pursuant to this Chapter;
and
(C) educational programs for the benefit of the public and
licensees and their employees.
(2) On or before January 30, 2009 for Fiscal Year 2010 and January 30th for each fiscal year thereafter, the Board shall approve and submit to I Liheslatura its annual budget for the following fiscal year. If the Board fails to submit a budget for the next fiscal year, or if I Liheslatura fails to approve the annual budget before the next fiscal year, the current fiscal year’s budget shall become law for the next fiscal year, subject to legislative modification.
(e) The Board shall file an annual report of its activities with I Maga=lahi, I Liheslatura,[the Governor, the Legislature] and the Public Auditor, which report shall include a listing of all current licensees under this Chapter. The Board shall mail a copy of the annual report to any person requesting it and paying a reasonable charge therefor.
(f) The Board may employ or contract for the services of an executive director and such other personnel as it deems necessary in its administration and enforcement of this Chapter. It may appoint such committees or persons, to advise or assist it in such administration and enforcement, as it may see
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fit. It may retain its own counsel to advise and assist it in addition to such advice and assistance as is provided by the Attorney General of Guam.
(g) (1) The Board shall have the power to take all action that is necessary and proper to effectuate the purposes of this Chapter, including the power to sue and be sued in its official name as an agency of Guam.
(2) The Board shall also have the power to issue subpoenas to compel the attendance of witnesses and the production of documents; to administer oaths; to take testimony; to cooperate with the PCAOB and the appropriate State and federal regulatory authorities having jurisdiction over the professional conduct in question in investigation and enforcement concerning violations of this Chapter and comparable acts of other states; to cooperate in enforcement with appropriate foreign regulatory authorities in instances which have or may result in criminal conviction, loss of license or suspension, admonishment or censure; and to receive evidence concerning all matters within the scope of this Chapter.
(3) In case of disobedience of a subpoena, the Board may invoke the aid of any court or other appropriate regulatory authority in requiring the attendance and testimony of witnesses and the production of documentary evidence.
(4) For purposes of this Subsection, ‘appropriate foreign regulatory authorities’ shall be those foreign authorities granting substantially equivalent foreign designations in accordance with § 35106(h) of this Chapter.
(5) The Board, its members, and its agents shall be immune from personal liability for actions taken in good faith in the discharge of the Board’s responsibilities, and the government of Guam shall hold the Board, its members, and its agents harmless from all costs, damages, and attorneys’ fees arising from claims and suits against them with respect to matters to which such immunity applies.
(h) The Board may adopt rules governing its administration and enforcement of this Chapter and the conduct of licensees, including but not limited to:
(1) Rules governing the Board=s meetings and the conduct of its business;
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(2) Rules of procedure governing the conduct of investigations and hearings by the Board;
(3) Rules specifying the educational and experience qualifications required for the issuance of certificates under § 35105 of this Chapter and the continuing professional education required for renewal of licenses under § 35106 of this Chapter;
(4) Rules of professional conduct directed to controlling the quality and probity of services by licensees, and dealing among other things with independence, integrity, and objectivity; competence and technical standards; responsibilities to the public; and responsibilities to clients;
(5) Rules governing the professional standards applicable to licensees;
(6) Rules governing the manner and circumstances of use of the titles >certified public accountant= and >CPA=;
(7) Rules regarding peer review that may be required to be performed under provisions of this Chapter;
(8) Rules on substantial equivalence to implement § 35122; and
(9) Such other rules as the Board may deem necessary or appropriate for implementing the provisions and the purposes of this Chapter.
(i) All rules or amendments thereto as promulgated under Subsection (h) of this § 35104, or under any other provision of this Chapter shall be adopted pursuant to the rule making procedures set forth in the Administrative Adjudication Law.
(j) Records, papers, and other documents containing information collected or compiled by the Board, its members, employees, contractors, or agents, including its legal counsel, as a result of a complaint, investigation, inquiry, or interview in connection with an application for examination, certification, or registration, or in connection with a licensee’s professional ethics and conduct, shall not be considered public records within the meaning of Guam’s public records laws. Additionally, any record, paper, or other document received by the Board as a result of a self-reporting requirement shall not be considered public records within the meaning of Guam’s public records laws. When any such record, paper, or other
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document is admitted into evidence in a hearing held by the Board, it shall then be a public record within the meaning of Guam’s public records laws. However, upon a showing of good cause, the presiding officer at such a hearing may order that confidential or privileged information be redacted or admitted under seal.
(1) Notwithstanding any other provision of this Chapter, information protected by this confidentiality provision shall not be disclosed to other authorities unless the recipient confirms in writing that it will assure preservation of confidentiality, and the licensee has been given reasonable notice that the information will be provided to another entity.
(2) Notwithstanding any contrary provision in Guam’s public records laws, disclosures to law enforcement and regulatory authorities and, only to the extent deemed necessary to conduct an investigation, to the subject of the investigation, persons whose complaints are being investigated and witnesses questioned in the course of investigation, as provided in § 35110(b), shall not be considered public disclosures and shall not deprive such records of their confidential status.
(3) Nothing in this Subsection shall be construed as a waiver of any privilege, such as attorney-client privilege, which may also apply to any records covered by this Subsection.
(4) Nothing in this Subsection shall confer confidential status on any record collected under this Subsection that was a public record when collected or thereafter becomes a public record through other lawful means.
SOURCE: Subsection (a) amended by P.L. 27-104:5; P.L. 28-118:6 (Apr 26, 2006); and P.L. 33-193:6 (Dec. 15, 2016). Subsection (d) amended by P.L. 28-068:IV:51 (Sept. 30, 2005), P.L. 29-123:1 (Dec. 2, 2008). Repealed and reenacted by P.L. 29-
002:VI:8 (May 18, 2007). Subsection (j) added by P.L. 28-068:IV:52 (Sept. 30, 2005)
as subsection (i); relettered to (j) by the Compiler; repealed by P.L. 29-002:VI:9 (May
18, 2007). Subsection (j) added by P.L. 33-193:8 (Dec. 15, 2016). Subsection (g)
amended by P.L. 33-193:7 (Dec. 15, 2016).