(a) The Executive Director of the Commission shall be appointed by the Civil Service Commission with the approval of the Governor and with the advice and consent of the Legislature.(b) The Executive Director may, with Commission approval, hire such professional, clerical, and other staff as may be deemed necessary to assist the Commission in performing its duties and functions;

(c) The Commission shall employ a full-time or part-time Administrative Law Judge (ALJ) to assist the Commission with the adjudicatory responsibilities, or the Commission may retain a private attorney or attorneys to serve as an ALJ on a case-by-case basis.

(1) The ALJ shall have the authority to handle the following matters:

(A) hearings related to technical and procedural motions,

(B) preliminary evidentiary motions, and

(C) any other matters deemed appropriate by the
Commission, including full merit hearings.

(2) All decisions by the ALJ shall be forwarded to the Commission, which will have the authority to accept, modify, or reject the ALJ’s decision in whole or in part.

(3) The Commision will review only those parts of the record before the ALJ which the Commission deems necessary to decide whether to accept, modify, or reject the ALJ’s decision.

(4) The ALJ shall follow applicable rules and procedures approved by the Commission, and the Commission may direct the ALJ to act in the Commission’s place and assume all authority and responsibilities prescribed by such rules and regulations, except as limited by this Act.

(5) An ALJ must be an active member of the Guam Bar Association in good standing and a licensed attorney for at least five (5) years.

SOURCE: § 4174 Guam Code Ann., as reenacted by P.L. 16-023; amended by P.L.
16-104. Subsection (c) added by P.L. 24-008:2. Subsections (b) and (c)
repealed and reenacted by P.L. 30-112:5 (Mar. 12, 2010). Subsection (c)
amended by P.L. 33-055:2 (June 13, 2015).

2018 NOTE: Subitem designations added pursuant to 1 Guam Code Ann. § 1606.