Administrative Penalties

(a)A health-regulated establishment that permits a person to perform services without having in their possession a valid Health Certificate at the time the services are performed commits an administrative violation, and the Director may impose a fine of not to exceed Three Hundred Dollars ($300.00) for a first offense, and shall impose a fine of One Thousand Dollars ($1,000.00) for a second offense involving the same person occurring within one

(1)year of the first offense. If the Director cites more than one

(1)person at the same time for that person’s failure to have in their possession the Health Certificate, each citation is a separate administrative violation for the health-related activity.

(b)Before imposing an administrative penalty against a person or a health-regulated establishment, the Director shall issue a notice of intent to impose the penalty and provide the person or health-regulated establishment an opportunity to request a hearing on the proposed penalty. The request must be COL 10/6/2023 CH. 22 HEALTH CERTIFICATES made within ten

(10)days of the date that the notice of intent is served upon the person or health-regulated establishment.

(c)Any person or health-regulated establishment may seek review of any administrative penalty imposed before the Superior Court of Guam. Such review shall be upon the record established before the Director and not de novo. The Superior Court may sustain, modify or vacate any administrative penalty it reviews.

(d)If any person, or a health-regulated establishment, fails to comply with an administrative penalty order after it has become final, the Attorney General shall bring a civil action to enforce the order or to recover the amount ordered or assessed, plus current interest from the date of the final order or decision. To prevail in such an action, the Director need establish only that:

(1)notice was given as required;

(2)a hearing was granted to the defendant or that the defendant requested no hearing; and

(3)the penalty was imposed and has become final either because the administrative order was not appealed to the Superior Court, or that after judicial review the administrative order remains an unsatisfied obligation.