Powers and Duties of the Agency and the Board

The Agency shall be responsible for the implementation of this Chapter. All authority vested in the Board by virtue of this Chapter may, with like force and effect, be exercised by such employees of the Agency as the Board may from time to time designate for the purpose. The Board shall have the authority to:

(a)Adopt, promulgate, amend, rescind, and repeal rules and regulations, in accordance with the Administrative Adjudication Law:

(1)As may be necessary to implement and effectuate the provisions and regulations of this Chapter;

(2)As may be necessary to establish additional requirements, which may be at least equivalent to or more stringent or broader in scope than the requirements of the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) and regulations promulgated pursuant to the FIFRA;

(3)Designate restricted use pesticides;

(4)Suspend or ban certain pesticides or specific uses of certain pesticides;

(5)Require keeping of and access to records relating to importation, receipt, sale, production, use, storage, or disposal of pesticide and pesticide device;

(b)Only after holding a public hearing, with at least ten

(10)days prior public notice:

(1)Declare as a pest any form of plant or animal life (other than bacteria, a virus, or other microorganisms on or in living humans or living animals) which is injurious to health or the environment;

(2)Designate restricted use pesticides or devices;

(3)Suspend or ban certain pesticides or specific uses of certain pesticides; COL 6/21/2023 CH. 50 GUAM PESTICIDES ACT

(4)The Agency shall promulgate rules and regulations regarding any action taken under this subsection within twelve

(12)months of any action taken; and

(5)Revoke a permit, license or certification.

(6)Require coloration of a pesticide and to exempt from coloration specific uses of certain pesticides.

(c)Hold hearings related to any aspect of, or matter in the administration of, this Chapter, and in connection therewith, administer oaths, examine witnesses and issue subpoenas to compel the attendance of witnesses and the production of evidence;

(d)Hear and decide appeals of orders issued by the Administrator.

(e)Deny a permit, license, registration, or certification.

(f)Establish procedures, conditions, and fees for pesticide registration and permits, and for licenses and certification, under this Chapter.

(g)Establish procedures and standards, and fees for the collection and examination of samples of pesticides or devices, for coloring of pesticides, and for storage and disposal.