Violations

(a)The Department of Revenue and Taxation may, after proceeding in accordance with the Administrative Adjudication Act, order the revocation of the license of any tour operator or the suspension of any such license for a period not to exceed one

(1)year, for violation by the tour operator of this Chapter or any of the rules and regulations or standards of conduct promulgated by the Guam Visitors Bureau. Any person whose license has been revoked by the Department of Revenue and Taxation shall not be eligible to reapply for the same class of license until a year has elapsed from the date of revocation as determined by the Department of Revenue and Taxation. Upon such reapplication the applicant shall be treated as a new applicant except that he shall not be eligible for a temporary license.

(b)The Department of Revenue and Taxation may, after proceeding in accordance with the Administrative Adjudication Act, order the revocation of the certification of eligibility and identification badge of any tour guide or the suspension of any such certification of eligibility and identification badge for a period not to exceed one

(1)year, for violation by the tour guide of this Chapter or any of the rules and regulations or standards of conduct promulgated by the Guam Visitors Bureau. Any person whose certification of eligibility and identification badge has been revoked by the Department of Revenue and Taxation shall not be eligible to reapply for the same certification of eligibility and identification badge until a year has elapsed from the date of revocation as determined by the Department of Revenue and Taxation. Upon such reapplication the applicant shall be treated as a new applicant except that COL 03072011 CH. 76 SERVICE LICENSES he or she shall not be eligible for a temporary certification of eligibility or identification badge.

(c)Any person who uses, attempts to use or has in his or her possession with intent to use, any tour guide certification of eligibility or identification badge not issued to him or, if such certification of eligibility or identification badge issued to him was issued on account of misrepresentation to the Guam Visitors Bureau or to the Department of Revenue and Taxation, shall be punishable by a fine no less than One Thousand Dollars ($1,000.00) nor greater than Five Thousand Dollars ($5,000.00) for the first offense, and the fines for subsequent offenses shall not exceed Ten Thousand Dollars ($10,000.00).

(d)Any person who photographs, photostats, duplicates or in any way reproduces any certification of eligibility or identification badge or facsimile thereof in such a manner that it could be mistaken for such a certification of eligibility or identification badge, or displays or has in his or her possession any such photograph, duplicate, reproduction or facsimile unless authorized by the provisions of this Title, shall be punishable by a fine no less than One Thousand Dollars ($1,000.00) nor greater than Five Thousand Dollars ($5,000.00) for the first offense, and the fines for subsequent offenses shall not exceed Ten Thousand Dollars ($10,000.00).

(e)The certified tour guide shall have his or her identification badge issued by the Guam Visitors Bureau in his or her immediate possession at all times when undertaking any activities listed under the definition of a tour guide pursuant to § 76301 of this Article and display such identification badge upon demand of a member of the Guam Police or any peace officer or other authorized personnel enforcing the provisions of this Title. Any charge under this Subsection shall be dismissed when the person so charged produces in court a certification of eligibility duly issued to such person and valid at the time of his or her arrest.

(f)In addition to the penalties set forth in this Section, a tour operator or any other person who knowingly employs a tour guide who is not properly certified and licensed in accordance with this Chapter shall be punishable by a fine of no less than One Thousand Dollars ($1,000.00) nor greater than Five Thousand Dollars ($5,000.00) for the first offense, and the fines for subsequent offenses shall not exceed Ten Thousand Dollars ($10,000.00). COL 03072011 CH. 76 SERVICE LICENSES