Professional Signs, Advertisements and Listings; Violations; Disciplinary Action

(a)No disciplinary action may be commenced until the licensee or firm involved has been given thirty

(30)days written notice of the Board’s evaluation of the advertisement. This notice must include a copy of the applicable portions of these rules and regulations, describe the prohibited advertising involved, and state that the violator has thirty

(30)days from the date of notice to correct the violation. If the violation is not corrected, disciplinary action shall follow. The thirty

(30)day notice and right to correct are not applicable to any subsequent violations.

(b)No disciplinary action will be taken against a licensee for the acts of advertising agents that result in communications to the public which do not comply with the restrictions adopted by the Board, if the advertisement does not specify the name of the licensee, or the name of the group, corporation or firm under which the licensee practices. However, this provision does not apply in the following situations:

(1)the advertising agency is owned or controlled by the licensee;

(2)the licensee provided information that does not comply with restrictions adopted by the Board to the advertising agent for distribution to the public; or

(3)the content of the advertising is determined to any extent by the licensee.

(c)Applicability. This Section applies to any advertising done on Guam regardless of whether such advertising is done for, or on behalf of, or contracted by any off-island practice or organization.