Terms Used In 5 Guam Code Ann. § 221104

  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
The Director of Administration shall account for, and administer, the HAHS Fund. The Director shall keep all books, records, files and account of the HAHS Fund. The Director shall prepare semi-annual reports relative to the HAHS Fund reflecting the transactions and financial condition of the HAHS Fund which semi-annual reports shall be transmitted to the Governor and the Speaker of the Guam Legislature.

§ 221105. Designation of Single Agency; Promulgation of
Rules and Regulations.

(a) Designation. The Department of Public Health and Social Services (‘DPHSS’) is hereby designated as the ‘single agency’ for Guam resulting from the Federal settlement. The DPHSS shall be charged with the following responsibilities:

(1) maintaining a licensing procedure, such that any business which sells tobacco products directly to consumers would have to apply for a special license;

(2) conduct random, unannounced inspections at least monthly to ensure compliance with no sales to minors;

(3) meet targets of a minimum of seventy-five percent (75%), the percentage expressed as a percentage of all random inspections in which the retailer refused sale of tobacco to minors; and

(4) submit an annual report to the Food and Drug Administration, to the Speaker of the Guam Legislature and to the Governor of Guam concerning:

(A) detailed description of enforcement activities undertaken;

(B) detailed description of Guam’s progress in reducing availability of tobacco products;

(C) detailed description of methods used in compliance checks and in identifying outlets which
were tested;

(D) detailed description of strategies Guam intends to use in succeeding years to make further progress; and

(E) identify a single agency responsible for fulfilling the Act’s requirements.

(b) Promulgation of Rules and Regulations. The Director of DPHSS is hereby directed to promulgate rules and regulations regarding the implementation of the provisions of this Act, including revising and creating forms and other documents, as are necessary in accordance with the procedures prescribed by the Administrative Adjudication Law.

2012 NOTE: In maintaining the general codification scheme of the GCA the Compiler changed the hierarchy of subsections beginning with “”Lowercase Roman Numerals”” to “”Uppercase Letters”” in subsection (a)(4).