{"data":{"id":"us-gu/22-gca-6104","jurisdiction":"us-gu","citation":"22 GCA § 6104","heading":"Administrative Responsibilities.","body":"(a) The Guam Department of Labor shall develop administrative rules and regulations in accordance with outlining the procedures by which it will accept, investigate, and adjudicate complaints of Fair Chances Hiring Process Act violations, and the enforcement of provisions of the Act. All rules and regulations shall comply with the Administrative Adjudication Law, as required in Chapter 9 of Title 5, Guam Code Annotated.\n(1) The Director of Labor shall be the Hearing Officer in any appeals relative to enforcement actions initiated by the Fair Employment Practice Office.\n(2) The Fair Employment Practice Office shall have all necessary enforcement and investigative powers to enforce provisions of this Act.\n(3) The Department may refer any unpaid penalties to the Department of Revenue and Taxation, or other appropriate licensing entities, who shall require that all penalties under this Act be paid in full before renewing a business license.\n(b) In the development and application of rules and regulations, the Department shall take into consideration penalties ranging from training, retraining, written warning, and financial penalties. The Guam Department of Labor is hereby authorized to issue fines for violations of this Act in accordance with the following monetary caps:\n(1) for employers that employ fifteen (15) to thirty (30) employees, a fine of up to, but not more than, One Thousand Dollars ($1000.00) per violation;\n(2) for employers that employ thirty-one (31) to ninety-nine (99) employees, a fine of up to, but not more than, Two Thousand Dollars ($2000.00) per violation; and\n(3) for employers that employ one hundred (100) or more employees, or for any government of Guam agency, a fine of up to, but not more than, Four Thousand Dollars ($4000.00) per violation. (c) The Guam Department of Labor may develop a training program and/or a plan for providing training resources for employers and their representatives, such as hiring authorities or human resource officers. The program may include a mandatory posting in each employer’s premises, developed by the Department, which notifies employees of this Act and other labor laws.\n(d) Any penalty fines for violations of this Act shall be collected by the Department of Labor. Fines collected by the Department under the provisions of this Section shall be deposited in the Manpower Development Fund to be employed exclusively for the training programs and enforcement operations within the Fair Employment Practice Office. The Director of Labor shall submit an annual report of all expenditures and activities under this Subsection to I Liheslatura (the Legislature).\n(e) An employer may request for an advisory opinion from the Fair Employment Practice Office with regards to a specific situation related to this Act; provided, however, that the Director may decline to entertain such requests at his or her discretion.","path":["Title 22: Business Regulation","Division 1 - Labor Regulations","Chapter 6: Fair Chances Hiring Process Act"],"source_url":"https://col.guamcourts.gov/sites/default/files/22gc006.pdf","current_through":"P.L. 38-133 (June 4, 2026)","vintage":"","retrieved_at":"2026-09-27T04:17:08Z","sha256":"f5850fd09599c744aa041df8db356d9f0655f8150293f3820d51bebe1457c31c","source_id":"us-gu","stale":false,"prev":"us-gu/22-gca-6103","next":"us-gu/22-gca-6105"},"notice":"GroundRules: Original legal text. Not legal advice."}
