is the intent of the Legislature to establish a uniform method of making, adopting, promulgating, filing and publishing rules by all agencies of this Territory, to permit public participation therein and provide a method of making rules readily accessible to the public. It is not intended to give to any agency any additional rule-making power or authority and no additional or new power or authority to make or adopt rules is given to any agency by this law.

SOURCE: GC § 24200 added by P.L. 13-40.

§ 9301. Adoption, Repeal, Recission or Amendment of Rules: Procedure.
(a) Before any rule is adopted, amended, rescinded or repealed by any agency it shall cause a notice to be published in a newspaper of general circulation in Guam, at least ten (10) days prior to the date set for a hearing. Said notice shall include a statement of the time and place of said hearing, a reference to the subject matter of the proposed rule or rules, and refer to the fact that a copy of said proposed rule or rules is on file at the office of said agency, where it may be examined; provided, however, that no rule shall be invalid because the reference to the subject matter thereof in said notice may be inadequate or insufficient. At least five (5) copies of said proposed rule or rules shall be on file at the office of said agency from the date of publication of said notice continuously until the said hearing and any interested person shall be given an adequate opportunity to examine a copy of said proposed rule or rules. Copies of the proposed rule or rules will also be made available on the website of said agency for public review.

(b) On the date set for hearing any interested party in person or his authorized representative or both shall be afforded an adequate opportunity to participate in the formulation of the proposed rule or rules through the presentation of facts or argument or the submission of written data or views. All relevant matter presented shall be given full consideration by the agency, and a change in the proposed rule or rules because of facts, arguments, written data or views stated at the hearing will not require the setting of a new hearing unless it is so determined by said agency.

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(c) Any agency may adopt procedures in addition to those required by this law including the holding of conferences and inviting and permitting the submission of suggestions, facts, arguments and views of interested persons in advance of the drafting of the proposed rule or rules.

(d) Any government of Guam department, agency, autonomous agency, office or instrumentality promulgating rules or regulations under Chapter 4 of Title 4, Guam Code Ann., shall include, as part of the promulgation of such rules or regulations, an economic impact statement. This statement must be completed and made available to the public prior to any required hearings on the proposed rules or regulations. Any proposed personnel rules or regulations shall also be submitted to the Department of Administration for review, to provide for greater uniformity to the rule-making process throughout agencies and departments.

(e) No proposed rule or regulation shall be transmitted to I Liheslaturan Guåhan for consideration without an economic impact statement, and a review by the Department of Administration for personnel rules and regulations, nor shall any proposed rule or regulation go into effect without a completed economic impact statement and, in the case of proposed personnel rules and regulations, a written statement of approval by the Department of Administration.

(f) The economic impact statement required by Subsections (d) and
(e) of this Section must directly address, at a minimum, the following:

(1) The purpose and the need for the rule or regulation; an assessment of the risk and the cost of the imposed rule or regulation. In addition, government agencies proposing a new rule or regulation must include with the assessment, the justification for the new rule or regulation.
(2) The financial impact of the proposed rule or regulation upon those persons or corporate entities directly affected by the proposed rule or regulation, and upon the people and the economy of Guam.

(3) Any potential increase or decrease in the cost of living on Guam, or any specific increase or decrease in the price or availability of any good or service on Guam directly or indirectly attributable to the proposed rule or regulation.

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(4) Any direct or indirect impact upon employment on Guam or any increase or decrease in the availability of a particular job or jobs, or jobs in general, attributable to the proposed rule or regulation.
(5) Any increase or decrease in the cost of doing business as an enterprise or industry on Guam, or any increase or decrease in doing business in general, which is attributable to the proposed rule or regulation.

(6) Any adverse or beneficial economic impact which is attributable to the proposed rule or regulation.

(g) The provisions of this Section are also applicable to any department, agency, autonomous agency, office or instrumentality of the government of Guam, which is proposing to increase any fee for service.
(h) An economic impact statement shall be produced by the department, agency, autonomous agency, office or instrumentality of the government of Guam which has proposed the rule, regulation, fee, or increase of fees for services.
(i) Exemptions. Any proposed rule, change of rule, regulation or request to impose or raise fees or rates shall be exempted from the economic impact statement requirements of Subsection (d), (e), (f), (g), and (h) of this Section if the annual economic impact to the general public is Five Hundred Thousand Dollars ($500,000) or less, as determined by a preliminary cost impact assessment performed by the Bureau of Budget and Management Research, or the department, agency, autonomous agency, office or instrumentality proposing the rule, change of rule, regulation or request to impose or raise fees. The preliminary cost impact assessment must be completed and made available to the public prior to any required hearings on the proposed rules or regulations, and must be transmitted to I Liheslatura (the Legislature) as part of the agency record.
(j) A rule, change of rule, regulation or request to impose or raise fees adopted under the exemption granted in Subsection (i) of this Section shall, one (1) year after adoption, have a preliminary cost impact assessment performed by the Bureau of Budget and Management Research. If the preliminary cost impact assessment shows that the cost impact of the rule, change of rule, regulation, or request to impose or raise fees exceeds Five Hundred Thousand Dollars ($500,000.00) annually, then an economic impact statement, as required in Subsections

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(d), (e), (f), (g) and (h), shall be prepared and transmitted to I Liheslaturan Guåhan within sixty (60) days after the completion of the preliminary cost impact assessment.

SOURCE: GC § 24200 added by P.L. 9-69; amended by P.L. 11-28, now § 24201 as amended by P.L. 13-40. Subsections (d) through (j) added by P.L. 25-173:2-8. Subsections (a), (d) and (e) amended by P.L. 31-220:2 (June 15, 2012). Subsections (g), (h) and (i) amended by P.L. 34-033:1 (July 13, 2017).