Procedure

(a)When the Commission, after due hearings, believes that there is cause for the possible filing of criminal charges, it shall refer the complaint to the Attorney General’s Office or appropriate authority for its disposition. CH. 15 STANDARD OF CONDUCT

(b)With respect to former employees, the Commission may, with the consent of four

(4)or more members of the Commission, issue a public statement of its findings and conclusions, and the Attorney General may exercise whatever legal or equitable remedies are available to Guam.

(c)When after due hearing, the Commission finds that the violation committed by an employee is non-criminal in nature:

(1)the Commission will remand the case to the agency where the employee is employed with the recommendation that the agency impose the corresponding punishment in accordance with the agency’s personnel rules and regulations; and

(2)the employee shall be subject to an administrative fine as outlined in the rules and regulations developed by the Commission in accordance with the Administrative Adjudication Law, 5 GCA Chapter 9, of up to $5,000 for each violation of the code of ethics. All fines collected under this section shall be deposited in the General Fund; and

(3)No fine shall be assessed under this section unless the Guam Ethics Commission convenes a hearing in accordance with § 15401 of this Chapter, and a decision has been rendered by the Commission. The Commission and respondent shall agree to resolve any charge of an alleged violation prior to completion of the contested case process, and the resolution includes payment of an administrative fine or restitution, or both.