(a) There is hereby established separate and apart from other funds of the government of Guam, a special fund to make payments in accordance with the provisions of subsection (f)(1) of § 9109 of this Title. Such fund shall be administered by the Commission. The Treasurer of Guam shall be the custodian of such fund, and all moneys and securities in such fund shall be held in trust by such Treasurer, and shall not be money or property of the government of Guam.

(b) The Treasurer is authorized to disburse moneys from such fund only upon order of the Commission.

(c) The amount of such fund shall be subject to audit in accordance with established government of Guam auditing procedures, but the action of the Commission in making payments from such fund shall be final and not subject to review.

(d) Disposition of Civil Penalties. Fines collected by the Department under the provisions of this Chapter shall be deposited in the special fund, pursuant to this Section; and, notwithstanding Subsection (b) of this Section, may be accessed by the Director to be used exclusively for the operation of the Workers’ Compensation Commission. The Director of the Department shall include data in his or her annual report on all expenditures under this Subsection to I Liheslaturan Guåhan.

SOURCE: GC § 37041. Repealed by P.L. 14-132. Added by P.L. 20-
220:37 (Aug. 31, 1990). Subsection (d) added by P.L. 35-066:4 (Feb. 12,
2020).

NOTE: § 9143 was originally created by P.L. 1-80:42, commonly known as the ?Special Fund?. P.L. 14-132 then repealed the fund. But P.L. 20-

22 Guam Code Ann. BUSINESS REGULATIONS
CH. 9 WORKER’S COMPENSATION

220:37 created (added) a new Special Fund. This explains why the Compiler has then amended this section in it>s entirety. Amended by the Compiler in order to reflect the correct citation.