22 Guam Code Ann. § 35110
Terms Used In 22 Guam Code Ann. § 35110
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- 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.
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Testify: Answer questions in court.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(b) The Board may designate a member, or any other person of appropriate competence, to serve as investigating officer to conduct an investigation. Upon completion of an investigation, the investigating officer shall file a report with the Board. The Board shall find probable cause, or lack of probable cause, upon the basis of the report or shall return the report to the investigating officer for further investigation. Unless there has been a determination of probable cause, the report of the investigating officer, the complaint, if any, the testimony and documents submitted in support of the complaint or gathered in the investigation, and the fact of pendency of the investigation shall be treated as confidential information and shall not be disclosed to any person except law enforcement authorities and, to the extent deemed necessary in order to conduct the investigation, the subject of the
COL4122017
22 Guam Code Ann. BUSINESS REGULATIONS
CH. 35 ACCOUNTANCY
investigation, persons whose complaints are being investigated, and witnesses questioned in the course of the investigation.
(c) Upon a finding of probable cause, if the subject of the investigation is a licensee, holder of a certificate, or an individual with privileges under § 35122 of this Chapter, the Board shall direct that a complaint be issued under § 35111 of this Chapter, and if the subject of the investigation is not a licensee, holder of a certificate, or an individual with privileges under § 35122, the Board shall take appropriate action under § 35114 or § 35115 of this Chapter. Upon a finding of no probable cause, the Board shall close the matter and shall thereafter release information relating thereto only with the consent of the person or firm under investigation.
(d) The Board may review the publicly available professional work of licensees, holders of certificates, or individuals with privileges under § 35122 of this Act on a general or random basis, without any requirement of a formal complaint or suspicion of impropriety. In the event that as a result of such review the Board discovers reasonable grounds for a more specific investigation, the Board may proceed under Subsections (a) through (c) of this Section.
