Disciplinary Regulations

(a)Pretrial, trial, and post-trial procedures, including burdens of proof, for cases arising under this Code triable in courts-martial, military commissions and other military tribunals, and procedures for courts of inquiry, may be prescribed by disciplinary regulations which shall, so far as practical, apply the principles of law generally recognized in the trial of courts-martial in the United States Armed Forces. However, such principles shall not be contrary to or inconsistent with this Code. The rules of evidence applicable under this Code shall be the rules of evidence as promulgated by the President in the United States Manual for Courts-Martial (Part III). If a member of the Guam military forces is tried in a Guam court for a violation CH. 63 GUAM NATIONAL GUARD of Title 9, Guam Code Annotated, under § 63723.60 of this Code, then, in that event, the principals of law and the rules of evidence applicable shall be that recognized in the trial of criminal cases in the courts of Guam.

(b)The Adjutant General shall issue and promulgate regulations, including those regulations referred to herein as disciplinary regulations, in furtherance of the provisions of this Code. The regulations shall take effect by Executive Order of I Maga’håga/Maga’låhi.

(c)The provisions of the Administrative Adjudication Law shall not apply to the issuance and promulgation of regulations pursuant to this Code.