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Terms Used In 10 Guam Code Ann. § 122313

  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Statute: A law passed by a legislature.
  • Subpoena: A command to a witness to appear and give testimony.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(a) The Board shall be responsible for the control and

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regulation of the practice of social work, including, but not limited to, the following:

(1) the licensing by examination or by licensure transfer of applicants who are qualified to engage in the practice of social work under the provisions of this Article;

(2) the renewal of licenses to engage in the practice of social work;

(3) determining the appropriate fees for licensing, licensing renewal, and other forms of regulation;

(4) the establishment and enforcement of compliance with professional standards of practice and rules of conduct of social workers engaged in the practice of social work and consistent with the National Association of Social Workers Code of Ethics;

(5) the enforcement of those provisions in the Act relating to the conduct or competence of social workers practicing in Guam, investigation of any such activities related to the practice of unauthorized practice of social work, and the suspension, revocation, or restriction of licenses to engage in the practice of social work;

(6) with probable cause that an applicant or licensee has engaged in conduct prohibited by this Act or a statute or rule enforced by the Board, the Board may issue an order directing the applicant or licensee to submit to a mental or physical examination or chemical dependency evaluation. For the purpose of this Section, every applicant or licensee is considered to have consented to submit to a mental or physical examination or chemical dependency evaluation when ordered to do so in writing by the Board, and to have waived all objections to the admissibility of the examiner’s or evaluator’s testimony or reports on the grounds that the testimony or reports constitute a privileged communication;

(7) the collection of professional demographic data;

(8) the issuance and renewal of licenses of all persons engaged in the practice of social work;

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(9) the evaluation of non-social work degree holders who submit a written request for exemption from social work licensure as prescribed in this law, determination of whether or not exemption should be granted, and the granting of a Certificate of Exemption to applicant within eighteen (18) months of the passage of this law;

(10) the evaluation of non-social work degree holders who submit a written request for exception from the requirements of social work licensure as prescribed in this law, the determination of whether or not an exception should be granted; and the granting of said exceptions within eighteen (18) months of the passage of this law; and

(11) the inspection of any licensed person at all reasonable hours for the purpose of determining if any provisions of the laws governing the practice of social work are being violated. The Board, its officers, inspectors, and representatives shall cooperate with all agencies charged with the enforcement of the laws of Guam relating to the practice of social work.

(b) The Board shall have such other duties, powers, and authority as may be necessary to the enforcement of this Act and to the enforcement of Board rules made pursuant thereto, which shall include, but are not limited to, the following:

(1) The Board may join such professional organizations and associations organized exclusively to promote the improvement of the standards of the practice of social work for the protection of the health and welfare of the public and/or whose activities assist and facilitate the work of the Board;

(2) The Board may receive and expend funds, in addition to its annual appropriation, from parties or other entities, to include, but not limited to, grants and/or awards provided that:

(A) such funds are awarded for the pursuit of a specific objective which the Board is authorized to accomplish by this Article, or which the Board is

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qualified to accomplish by reason of its jurisdiction or professional expertise;

(B) such funds are expended for the pursuit of the objective for which they are awarded;

(C) activities connected with or occasioned by the expenditures of such funds do not interfere with the performance of the Board’s duties and responsibilities and do not conflict with the exercise of the Board’s powers as specified by this Act; and

(D) such funds are kept in a separate account, and an annual audit report relative to the receipt of such grants and/or awards and the expenditure of such funds is performed.

(c) The Board may establish a Bill of Rights for clients concerning the services a client may expect in regard to social work services.

(d) Any investigation, inquiry, or hearing which the Board is empowered to hold or undertake by or before any member or members of the Board, and the finding or order of such member or members shall be deemed to be the order of said Board when approved and confirmed.

(e) The Board shall report to the Attorney General of Guam any violation of this Article, which is deemed violative pursuant to criminal statutes of Guam to cause appropriate proceedings to be instituted in the proper court in a timely manner and to be prosecuted in the manner required by law.

(f) The Board shall have the power to subpoena and to bring before it any person and to take testimony either orally or by deposition, or both, in the same manner as prescribed in civil cases in the courts of Guam. Any member of the Board, hearing officer, or administrative law judge shall have the power to administer oaths to witnesses at any hearing, which the Board is authorized to conduct, and any other oaths authorized in any Act administered by the Board.

(g) The Board shall establish and collect fees from every applicant for the services it performs. The fees shall be established

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through rules and regulations pursuant to 5 Guam Code Ann., Chapter 9, the
Administrative Adjudication Law, Rule Making Procedures.

(h) In addition to the fees specifically provided for, the Board may assess additional reasonable fees for services rendered to carry out its duties and responsibilities as required or authorized by this Act or rules adopted hereunder. Such services rendered shall include, but not be limited to, the following:

(1) issuance of duplicate certificates or identification cards;

(2) mailing lists, or reports of data maintained by the
Board;

(3) copies of any documents; (4) certification of documents; (5) notices of meetings;
(6) licensure transfer;

(7) examination administration to a licensure applicant;
and

(8) examination materials.

2023 NOTE: References to “”territory”” replaced with “”Guam”” pursuant to
1 Guam Code Ann. § 420.