5 GCA § 9241
Review: Procedure
View official PDF ↗Judicial review may be had by filing a petition in the Superior Court for a writ of mandate in accordance with the provisions of the Code of Civil Procedure. Except as provided in this Section any petition shall be filed within thirty
(30)days after the last day on which reconsideration can be COL11282017 CH. 9 ADMINISTRATIVE ADJUDICATION LAW ordered. The right to petition shall not be affected by the failure to seek reconsideration before the agency. Within thirty
(30)days after request therefor and payment of the expenses of preparation and certification by the petition, the agency shall prepare and deliver to the petitioner the complete record of the proceedings or such parts of the record as are designated by the petitioner. The complete record includes the pleadings, all notices and orders issued by the agency, any proposed decisions by the hearing officer, the final decision, a transcript of all proceedings, the exhibits admitted or rejected, the written evidence and any other papers in the case. Where petitioner, within ten
(10)days after the last day on which reconsideration can be ordered, requests the agency to prepare all or any part of the record, the time within which a petition may be filed may be extended until five
(5)days after its delivery to him. The agency may file with the court the original of any document in the record in lieu of a copy.
§ The story of this section
- Affected by P.L. 12-85 (bill & sponsor pending — earlier Legislature not yet ingested)
Interpreted by the courts:
- 1998 Guam 8 — Lee and Joan Holmes vs. Territorial Land Use Commission, et al. (1998) · per Janet Healy Weeks, J. · cited at ¶3
- 2000 Guam 6 — Cresensio C. Bondoc vs. Worker's Compensation Commission and Gerber Enterprises, Inc. (2000) · per Benjamin J.F. Cruz, J. · cited at ¶6
- 2007 Guam 6 — Lester L. Carson, Jr. and David H. Sasai, Petitioners-Appellants, v. Gerald S.A. Perez, Administrator, Guam Economic Dev (2007) · per Robert J. Torres, J. · cited at ¶57
- 2013 Guam 9 — Agana Beach Condominium Homeowners’ Association and Gerald Perez, Petitioners-Appellants, v. Monte Mafnas, Director, Dep (2013) · cited at ¶24
- 2018 Guam 18 — Port Transportation, Stevedore, and Terminal Employees, Petitioners-Appellants, v. Guam Civil Service Commission, Respon (2018) · per F. Philip Carbullido, J. · cited at ¶22
- 2019 Guam 27 — Dr. Michael Ehlert, Petitioner-Appellant, v. University of Guam, Thomas W. Krise, President University of Guam in his of (2019) · per F. Philip Carbullido, J. · cited at ¶23
- 2021 Guam 17 — Government of Guam Major Fred M. Chargualaf, Petitioner-Appellant, v. Government of Guam Retirement Fund, Respondent-App (2021) · per F. Philip Carbullido, J. · cited at ¶4
Reconstructed from the Guam Code Annotated. For the authoritative version, see the official PDF.