5 GCA § 9309
Petition: Declaratory Judgment by Court
View official PDF ↗(a)The validity of any rule may be determined upon petition for a declaratory judgment thereon addressed to the Superior Court of Guam, when it appears that the rule, or its threatened application, interferes with or impairs, or threatens to interfere with or impair the legal rights or privileges of the petitioner. The agency shall be made a party to the proceeding. The declaratory judgment may be rendered only after the petitioner has first requested the agency to pass upon the validity of the COL11282017 CH. 9 ADMINISTRATIVE ADJUDICATION LAW rule in question and the agency has so ruled or has failed to rule within ninety
(90)days.
(b)The court shall declare the rule invalid if it finds that it violates provisions of law, exceeds the statutory authority of the agency or was adopted without compliance with statutory rule-making procedures.
§ The story of this section
- Enacted by P.L. 9-69 (bill & sponsor pending — earlier Legislature not yet ingested)
- Amended by P.L. 13-40 (bill & sponsor pending — earlier Legislature not yet ingested)
Interpreted by the courts:
- 2015 Guam 20 — Elizabeth Barrett-Anderson, Attorney General of Guam, Plaintiff-Appellant, v. John P. Camacho, Director, Guam Department (2015) · per F. Philip Carbullido, J.
- 2021 Guam 22 — Leevin Taitano Camacho, Attorney General of Guam, Plaintiff-Appellee, v. Dafne M. Shimizu, Director, Guam Department of (2021)
Reconstructed from the Guam Code Annotated. For the authoritative version, see the official PDF.