Citations for Violations; Deposits

(a)The Regulatory Division may issue cease and desist citations to any person if the Regulatory Division has cause to believe the person has violated, is violating, or evidences present intent to violate any provision of this Chapter or administrative rule adopted thereunder. Any person COL292017 CH. 71 THE CASH ECONOMY ENFORCEMENT ACT who violates this Chapter shall be subject to a fine not to exceed One Thousand Dollars ($1,000) unless otherwise specified; provided, that if the person is a cash-based business, the fine shall not exceed Two Thousand Dollars ($2,000).

(b)The Department may recommend legislation defining the circumstances and the civil monetary fines citable for unlawful actions under this Chapter.

(c)Any fines assessed under this Section shall be a matter of the Regulatory Division under this Chapter, and shall be retained and deposited into the Better Public Service Fund.

(d)Any fines assessed shall be due and payable thirty

(30)days after issuance, subject to appeal rights provided under Subsection (e); provided, that if payment of the fine is determined to be in jeopardy, such fine shall be payable immediately, and shall be immediately collected. A finding of jeopardy shall be made in writing, setting forth the specific reasons for the finding. The finding of jeopardy shall be subject to immediate appeal under Subsection (e), and at the taxpayer’s request the appeal shall be expedited and heard as soon as reasonably practicable. Any amount of fine collected under jeopardy shall only be returned upon a finding by the Director of DRT or the Superior Court of Guam that there was no violation under this Chapter.

(e)Cease and desist citations may be appealed to the Director or the Director’s designee, and the determination of the Director may be appealed to the Superior Court of Guam under this Chapter.