Guam PEALS Board

§32101. NAME
§32102. GENERAL PROVISIONS
§32103. DEFINITIONS
§32104. BOARD - APPOINTMENTS; TERMS
§32105. BOARD - QUALIFICATIONS OF MEMBERS
§32106. BOARD - COMPENSATION AND EXPENSES
§32107. BOARD - REMOVAL OF MEMBERS - VACANCIES
§32108. BOARD - ORGANIZATION AND MEETINGS
§32109. BOARD - POWERS
§32110. RECORDS AND REPORTS
§32111. RECEIPTS AND DISBURSEMENTS
§32112. ROSTER
§32113. GENERAL REQUIREMENTS FOR REGISTRATION
§32114. APPLICATION AND REGISTRATION FEES
§32115. EXAMINATIONS
§32116. CERTIFICATE - SEALS
§32117. EXPIRATIONS AND RENEWALS
§32118. REPLACEMENT OF CERTIFICATES
§32119. PUBLIC WORKS
§32120. DISCIPLINARY ACTION - Revocation, Suspension or Reprimand
§32121. DISCIPLINARY ACTION - PROCEDURES
§32122. VIOLATIONS AND PENALTIES
§32123. AUTHORIZATION CERTIFICATES
§32124. EXEMPTION CLAUSE
§32125. DUTIES OF RECORDERS
§32126. INVALID SECTIONS

32107. BOARD - REMOVAL OF MEMBERS - VACANCIES

The I Maga'lahen Guahan may remove any member for misconduct, incompetency, neglect of duty, or any sufficient cause, in the manner prescribed by law for removal of territorial officials. Vacancies in the membership of the Board shall be filled for the unexpired term by appointment by the I Maga'lahen Guahan as provided in §32104.

32108. BOARD - ORGANIZATION AND MEETINGS

The Board shall hold at least six (6) regular meetings each year. Special meetings may be held as the by-laws of the Board provide. A quorum of the Board shall consist of not less than four (4) members, three (3) of whom shall be registered under the provisions of this Title.

32109. BOARD - POWERS

(a) The Board shall have the power to adopt and amend all by-laws and rules of procedure not inconsistent with the Organic Act of Guam and laws of this Territory, including the adoption and promulgation of Rules of Professional Conduct for Professional Engineers, Architects, and Land Surveyors, which shall be binding upon persons registered under this Title and which shall be applicable to corporations, partnerships or associations holding a Certificate of Authorization, which may be reasonable necessary for the proper performance of its duties and the regulation of its procedures, meetings, records, examinations and the conduct thereof.

(b) The Board shall adopt and have an official seal, which shall be affixed to each certificate issued.

(c) In carrying into effect the provisions of this Title, the Board under the hand of its Chairman and the seal of the Board, may subpoena witnesses and compel their attendance and also may require the submission of books, papers, documents, or other pertinent data, in any disciplinary matters, or in any case wherever a violation of this Title is alleged. Upon failure or refusal to comply with any such order of the Board, or upon failure to honor its subpoena, as herein provided, the Board may apply to a court of any jurisdiction to enforce compliance with same.

(d) The Board in the name of the Territory may apply for relief by injunction in the Superior Court, without bond, to enforce the provisions of this Title, or to restrain any violation thereof. In such proceedings, it shall not be necessary to allege or prove, either that an adequate remedy at law does not exist, or that substantial or irreparable damage would result from the continued violation thereof. The members of the Board shall not be personally liable under this proceeding.

(e) The Board shall have prepared and shall adopt a set of rules for professional conduct which shall be binding upon persons registered under this Title, and which shall be made known in writing to every registrant and applicant for registration under this Title, and which shall be published in the roster provided for in §32112 of this Title. The Board may revise and amend these rules for professional conduct from time to time and shall forthwith notify each registrant in writing of such revisions or amendments.

(f) The adoption and amendment of such by-laws and rules of procedure and rules of professional conduct shall be in accordance with the provisions of the Administrative Adjudication Law.

(g) The Board may subject an applicant for registration to such examinations as may be provided for in the by-laws to determine his qualifications.

(h) The Board shall encourage private professional engineering and architectural societies to conduct seminars to prepare applicants for the examinations and shall assist in the coordination of the seminars.

(i) The Board shall have the power and authority to require a demonstration of continuing professional competency of engineers, architects and land surveyors as a condition of renewal or relicensure.

(j) The Board shall have the authority for citation and fining persons and business entities engaged in the unlawful practice of engineering, architecture and land surveying who are not licensed or authorized in this jurisdiction as provided by law.

(k) The Board shall maintain the PEALS Revolving Fund within the cognizance of the members of the Board to continue to manage the day-to-day financial obligations of the Board. Such revolving fund shall be maintained separate and apart from other funds of the government of Guam, and independent records and accounts shall be maintained in connection therewith as prescribed by the Chairman and members of the Board. Furthermore, said Fund shall be subject to an annual audit by an independent auditor.