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§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. CERTIFICATE OF AUTHORIZATION
§32124. EXCLUSIVE JURISDICTION OF THE BOARD - Restriction on Requirement for Additional
Licenses or Fees
§32125. CONTRACT LAW LANGUAGE
§32126. EXEMPTION CLAUSE
§32127. DUTIES OF RECORDERS
§32128. INVALID SECTIONS
§32129. EFFECTIVE DATE
32109. BOARD - POWERS
- 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 the laws of Guam, including, the adoption and promulgation of the Rules of Professional Conduct for Professional Engineers, Architects, Landscape Architects and Land Surveyors, which shall be binding upon persons registered under this Chapter and which shall be applicable to corporations, partnerships or associations holding a Certificate of Authorization, which may be reasonably necessary for the proper performance of its duties and the regulation of its procedures, meetings, records, examinations and the conduct thereof. These actions by the Board shall be binding upon the persons licensed or registered under this Chapter, and on non-licensees found by the Board to be in violation of the provisions of the Chapter, and shall be applicable to corporations holding a Certificate of Authorization, as provided in §32123 of this Chapter.
- The Board shall adopt and have an official seal, which shall be affixed to each certificate issued.
- In carrying into effect the provisions of this Chapter, 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 Chapter 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.
- The Board, in the name of Guam, may apply for relief by injunction in the Superior Court, without bond, to enforce the provisions of this Chapter, 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 these proceedings.
- The Board shall have prepared and shall adopt a set of rules for professional conduct, which shall be binding upon persons registered under this Chapter, and which shall be made known in writing to every registrant and applicant for registration under this Chapter, and which shall be published in the roster provided for in §32112 of this Chapter. 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.
- The adoption and amendment of such rules and regulations and rules of procedure and rules of professional conduct shall be in accordance with the provisions of the Administrative Adjudication Law.
- The Board may subject an applicant for registration to such examinations, as may be provided for in the rules and regulations, to determine his qualifications.
- The Board shall encourage private professional engineering, architectural, landscape architectural, and land surveying societies to conduct seminars to prepare applicants for the examinations and shall assist in the coordination of the seminars.
- The Board shall have the power and authority to require a demonstration of continuing professional competency of engineers, architects, landscape architects and land surveyors as a condition of renewal or relicensure.
- The Board shall have the authority for citation and fining persons and business entities engaged in the unlawful practice of engineering, architecture, landscape architecture and land surveying who are not licensed or authorized in this jurisdiction, in accordance with §§ 32121 and 32122, and as provided by law.
- 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.
- The Board shall have the power to appoint committees to assist the Board’s efforts in carrying out the responsibilities of this Chapter.
- The Board shall have the power to adopt and collect fees in amounts necessary to enable the Board to carry out its function under this Chapter.
- The Board shall retain and exercise all administrative and civil rights and remedies commonly available to agencies in the jurisdiction. No action or other legal proceedings for damages shall be instituted against the Board, or against any Board Member or employee or agent of the Board, for any act done in good faith and in the intended performance of any power granted under this Chapter, or for any neglect or default in the performance or exercise in good faith of any such duty or power.
32110. RECORDS AND REPORTS
- The Board shall keep a record of its proceedings and of all applications for registration, which record shall show:
- the applicant's name, age and last known address;
- the date of the application;
- the applicant's place of business;
- the applicant's education, experience and other qualifications;
- the type of examination required;
- whether or not the applicant was rejected;
- whether or not a certificate of registration was granted;
- the date of the action by the Board; and
- such other information as may be deemed necessary by the Board.
- The record of the Board shall be prima facie evidence of the proceedings of the Board, and a transcript thereof, duly certified by the Secretary under seal, shall be admissible as evidence with the same force and effect as if the original were produced.
- At the end of every fiscal year, the Board shall prepare and submit to I Maga'lahen Guahan (Governor) and to I Liheslaturan Guåhan, no later than the first day of November, a report of its transactions of the preceding year, and shall transmit to them a complete statement of the receipts and expenditures of the Board, attested by affidavits of its Chairman and its Secretary/Treasurer.
- Board records and papers of the following class are of a confidential nature and are not public records: all examination materials for examinations not yet given and examination solutions for which the grades have not yet been published; file records of examination problem solutions; letters of inquiry and reference concerning applicants; Board inquiry forms concerning applicants; investigation files where any investigation is still pending; and all other matters of like confidential nature.
32111. RECEIPTS AND DISBURSEMENTS
- Notwithstanding the Central Accounting Act, all fees and money collected under the provisions of this Chapter shall be deposited in a special fund known as the Professional Engineers, Architects and Land Surveyors Fund. This fund shall be kept in a bank licensed to do business on Guam and funds shall be paid out only upon a request for payment or requisition submitted by the Secretary/Treasurer or its personnel, and countersigned by the Chairman of the Board. All monies in this fund are hereby specifically appropriated only for the use of the Board in pursuit of its authority.
- The Board shall provide surety bonds in the name of Guam, on behalf of the Chairman, the Secretary/Treasurer and the Executive Board Administrator, in the sum of Thirty Thousand Dollars ($30,000) each. The premium on said bonds shall be regarded as proper and necessary expenses of the Board.
- Upon an appropriation by I Liheslaturan Guahan and subject to any limitations which may be contained therein, the Board shall make expenditures from this fund for any purpose which is approved by the Board as reasonable and necessary for the proper performance of its duties under this Chapter, including, the expenses of the Board delegates to meetings of, and the membership fees to, the National Council of Examiners for Engineering and Surveying and any of its subdivisions, the National Council of Architectural Registration Boards and any of its subdivisions, and the Council of Landscape Architectural Registration Boards and any of its subdivisions.
- The Board shall employ in the classified positions an Executive Board Administrator, Administrative Assistant, Board Investigator and other administrative staff as are necessary for the proper performance of its work. Salaries and other terms of compensation for each Board staff position shall be determined by the Department of Administration. Payments of expenses and salaries pursuant to the administration of this Chapter may not exceed available funds of the Board.
- The Chairman of the Board is the designated Certifying Officer and all expenditures from the fund shall be certified by the Chairman of the Board. Under no circumstance shall the amount of warrants issued in payment of the expenses and compensation provided for in this Chapter exceed the amount of money collected.
- The Board shall adopt rules or regulations to provide for an annual budget, an accounting procedure, and the fees for application, registration, examination, re-examination, reciprocity, renewal of registration, temporary permits, corporation permits, replacement of certificates, reconsideration of application, and other services.
- The Board shall maintain membership in NCARB, NCEES and its subdivisions, and pay the necessary costs thereof.
32112. ROSTER
A complete roster showing the names and last known addresses of all registered engineers, architects, landscape architects, land surveyors, and business entities shall be published by the Secretary of the Board annually, no later than the last day of the third month of each year, and shall include each registrant's certificate or registration number. The roster shall be in non-editable electronic format which is printable and available via the internet. Notice of the publication and availability of the roster shall be mailed to each person so registered, and paper copies of the roster shall be placed on file with I Maga'lahen Guahan, the Speaker of I Liheslaturan Guahan, and other state and territorial boards, and with each department and agency of the government of Guam.
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