) It shall be the duty of every agency which may have been or hereafter may be clothed with or given any power or authority to make, adopt, promulgate or enforce rules to:

(1) Prepare the rules in a form which will conform to a standard system or code adopted by the Guam Code Advisory Commission for the guidance of all agencies. Agencies may contact the Compiler of Laws for recommendations as to placement and formatting.

(2) File with I Maga’låhen Guåhan (the Governor of Guam) a printed and an identical electronic (pdf) version of the proposed rules and regulations and one (1) printed and an identical electronic (pdf) copy of the entire agency record, to include minutes or a resolution showing board approval of proposed rules, certification of the agency record and compliance with each of the requirements of this Chapter, economic impact statements, and transcripts of any public hearings on the rules being proposed.

(3) File with the Attorney General a printed and an identical electronic (pdf and word) version of the proposed rules and regulations, and one (1) printed and an identical electronic (pdf) copy of the entire agency record, to include minutes or a resolution showing board approval of proposed rules, certification of the agency record and compliance with each of the requirements of this Chapter, economic impact statements, and transcripts of any public hearings on the rules being proposed.

(4) Upon written approval of I Maga’låhi as to policy, and approval of the Attorney General as to constitutionality, compliance with this Act, and compliance with the statutory authority for the promulgation of the rules, file with the Speaker of I Liheslatura a printed and an identical electronic (pdf and word) version of the proposed rules and regulations, and a printed and an identical electronic (pdf) copy of the entire agency record, to include minutes or a resolution showing board approval of proposed rules, certification of the agency record and compliance with each of the requirements of this Chapter, economic impact statements, and transcripts of any public hearings on the rules being proposed.

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Evidence of the Governor’s and the Attorney General’s approvals
shall be included in the transmittal.

The subject line of the transmittal letter shall clearly include the following: “”This is a Transmittal to I Liheslaturan Guåhan of Proposed Rules and Regulations pursuant to the Administrative Adjudication Law.””

(b) If the proposed rules were not adopted by the agency or were not transmitted in full compliance with this Chapter, I Liheslatura may return the rules by an oversight committee letter, a rules resolution, or a legislative resolution to the agency for correction, and a new submittal in conformance with this Chapter shall be required. Proposed rules shall be referred to the legislative committee with oversight of the subject matter, and that committee or the Committee of the Whole shall conduct one (1) or more public hearings on the proposal within seventy-five (75) calendar days from the date of filing of the rules with the Speaker.

(c) No rule shall be effective until after compliance with the provisions of this Section and ninety (90) calendar days have elapsed from the date of filing with the Speaker of I Liheslatura. After the public hearing and the ninety (90) calendar days from the date of filing, the Speaker may certify, and the Legislative Secretary attest to, the default approval of compliant rules and regulations pursuant to this Chapter. I Liheslaturan Guåhan may, by the passage of a bill into law, approve, disapprove, or amend any rule within ninety (90) calendar days from the date of filing with the Speaker of I Liheslatura; except that any pending rules shall be deemed disapproved upon adjournment sine die of I Liheslaturan Guåhan.

(d) The Legislative Secretary shall maintain a copy and permanent register of all rules proposed, which shall include a notation of the date of filing; the date of referral to the legislative oversight committee; the date of the scheduled legislative public hearing; the date of and link to the legislative committee report; the date of return to the agency by committee letter, rules resolution, or legislative resolution; the date of passage of the bill to approve, disapprove, or amend; the date of certification by the Speaker of default approval of the compliant rule; and the date of disapproval due to adjournment sine die. The Legislative Secretary shall also cause said permanent register to be published electronically on I Liheslaturan Guåhan’s website and updated weekly.

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(e) The Compiler of Laws shall ascertain the approval of proposed rules and regulations in accordance with 1 Guam Code Ann. § 1610.

SOURCE: GC § 24201 added by P.L. 9-69; amended by P.L. 12-41; as § 9302 amended by P.L. 13-40. Subsection (b) further amended by P.L. 15-132. Reference to Legislative Secretary as officer who established form of Rules Publications changed to Compiler of Laws by reason of 1 Guam Code Ann. § 1603, § 1605. Subsection (b) repealed /reenacted by P.L. 22-96:1 (03/08/94). P.L. 22-96:2 exempted the Supreme Court rules from the application of this subsection. Entire section repealed/reenacted by P.L. 24-27:1 (05/16/97). Subsection (d) added by P.L. 31-
139:1 (Nov. 17, 2011). Subsections (a), (b) and (c) amended, and (d) deleted, by
P.L. 31-220:3 (June 15, 2012). Amended by P.L. 34-032:1 (July 13, 2017).

NOTE: The Legislative intent for the reenactment is:

The original intent of the Administrative Adjudication Law was to establish a uniform method of making, adopting, promulgating, filing and publishing of rules of agencies of the government of Guam. It was intended to promote public participation in the rule-making process.

The Guam Legislature finds that recent amendments to § 9303 of Title
5, Guam Code Annotated regarding the adoption, repeal, recission or amendment process has resulted in cumbersome and inefficient methods for the adoption of rules. There is duplication and unnecessary
delay, especially where laws are enacted requiring rules to implement them properly and promptly.

The existing requirement to have proposed rules submitted in bill form imposes an unnecessary additional burden on agencies and public participants. In addition to attending the public hearing on the proposed rules held by the agency proposing them, the public would be again asked to attend another public hearing on a bill to approve the proposed rules, should one be introduced. This repetitive process causes two (2) complete procedures to be engaged in: rule-making by the Executive Branch, and introduction and law-making of the same rules by the Legislative Branch.