Disciplinary Proceedings

(a)Investigations. The Commission on Licensure to Practice the Healing Art in Guam, hereinafter referred to as the Licensure Commission, shall employ such qualified investigators and attorneys as are necessary to fully implement their authority to revoke, suspend, limit or otherwise regulate the licenses of physicians; issue reprimands, fines, require refresher educational courses, or require licensees to submit to medical treatment.

(b)Hearings. COL061308 CH. 11 MEDICAL M ALPRACTICE REFORM ACT OF 1975

(1)The Licensure Commission shall appoint, with the approval of the Governor, such hearing examiners as shall be necessary to conduct hearings in accordance with § 11110 part

(a)of this Chapter.

(2)The Licensure Commission shall have the power to adopt and promulgate rules and regulations setting forth the functions, powers, standards and duties to be followed by any hearing examiners appointed under the provisions of this Section.

(3)Such hearing examiners shall have the power to conduct hearings in accordance with the regulations of the Licensure Commission and its Boards of Examiners, and to issue subpoenas requiring the attendance and testimony of individuals or the production of pertinent books, records, documents and papers by persons whom they believe to have information relevant to any matter pending before the examiner. Such examiner shall also have the power to administer oaths.

(c)Hearing Examiners Decisions. The hearing examiner shall hear evidence submitted and arguments of counsel, if any, with reasonable dispatch, and shall promptly record his decision, supported by findings of fact, and a copy thereof shall immediately be sent to the Licensure Commission and to counsel of record, or the parties, if not represented.

(d)Evidence. In all hearings proof may be made by oral testimony or by deposition or interrogatories. Such depositions shall be taken in the manner and upon the notice required by the rules for taking depositions in civil cases and may be introduced into evidence without regard to the availability of the witness to testify at the time of trial. Any witness, however, may be subpoenaed by any party to the controversy to testify pursuant to the rules appropriate to civil actions and shall be considered to be witness of the party who offered the deposition.

(e)Review of the Licensure Commission.

(1)If application for review is made to the Licensure Commission within twenty

(20)days from the date of any decision made as a result of a hearing held by a hearing examiner, the Licensure Commission shall review the evidence, and if deemed advisable by the Board, hear argument and additional evidence.

(2)As soon as practicable, the Licensure Commission shall make a decision and shall file the same with its finding of the facts on which it is based and send a copy thereof to each of the parties in dispute. COL061308 CH. 11 MEDICAL M ALPRACTICE REFORM ACT OF 1975

(f)Appeals. Decision by the Licensure Commission shall be conclusive and binding as to all questions of fact, but any medical practitioner may, within thirty

(30)days from the date of such decision appeal to the Superior Court of Guam alleging certain error of law under the same terms and conditions as cover appeals in actions involving licensing agencies.