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Terms Used In 10 Guam Code Ann. § 75101

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
Applicants for law enforcement positions with the Government of Guam, as the term is defined by this Chapter, shall be tested for drug or narcotic usage as a condition of employment or as part of their pre- employment medical examination. The testing procedure shall contain safeguards outlining physician and others involved in the testing procedure. The following rules shall apply to said applicants:

(a) Refusal to take the test, or test results reporting a presence of controlled substance, or the use of non-prescription drugs, shall be the basis of discontinuing an applicant in the selection process and preclude any further consideration for employment.

(b) Applicants found to be involved in the illegal sale, manufacture or distribution of any controlled substance will be permanently rejected.

(c) Applicants demonstrating addiction to any controlled substance will be permanently rejected.

(d) Any improper use of any controlled substance by an applicant after application will be grounds for permanent rejection.

(e) The results of drug tests on applicants for law enforcement positions shall be kept confidential and shall not be used as evidence in any subsequent criminal prosecution of the applicant.

SOURCE: Added by P.L. 19-44:4.