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Terms Used In 10 Guam Code Ann. § 12503

  • 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.
  • Executive session: A portion of the Senate's daily session in which it considers executive business.
  • 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.
  • Quorum: The number of legislators that must be present to do business.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(a) The Board shall annually elect a chairman, a vice- chairman and a secretary-treasurer, each of whom shall serve until his successor is elected and qualified.

(b) The Board shall meet at least twice each year for the purpose of examining candidates for licensure. Special meetings may be called by the chairman and shall be called upon the written request of a majority of the Board members. Candidates for licensure by endorsement shall be examined at the next regular meeting after the date of their application. A majority of the members shall constitute a quorum.

(c) Members of the Board shall be compensated as provided by law.

(d) The Board shall:
(1) administer and enforce the provisions of this Article; (2) adopt, with the approval of the Commission, all rules
and regulations for the implementation and enforcement of the provisions of this Article;

(3) adopt and use a seal;

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(4) administer oaths and take testimony on any matters within the Board’s jurisdiction;

(5) keep an accurate record of all its meetings, receipts and disbursements;

(6) keep a record of all examinations held, together with the names and addresses of all persons taking such examinations and the examination results; and within thirty (30) days after any examination, the Board shall give written notice to each applicant examined of the results of the examination as to the respective applicant;

(7) keep a book of registration in which the name, address and license number of all licensees shall be recorded together with a record of all license renewals, suspensions and revocations;

(8) grant and review licenses to practice optometry;

(9) deny, suspend or revoke licenses to practice optometry in accordance with the provisions of the Administrative Adjudication Law for any cause stated in this Article;

(10) develop and administer qualifications for (i) certification for the use of topical ocular diagnostic pharmaceutical agents, including minimum educational requirements and examination; and (ii) certification to prescribe and use therapeutic pharmaceutical agents, including minimum educational requirements and examina- tion;

(11) provide for the suspension of an optometrist’s license for sixty (60) days upon a determination of use of topical ocular diagnostic pharmaceutical agents, without prior certification, after proper notice and an opportunity to be heard before the Board; and

(12) establish and collect fees for services it renders.

(e) The Board shall comply with the requirements of the Open Government Law (P.L. 13-35, as amended) but when the Board is preparing examinations, grading examinations,

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discussing the eligibility of a person to be licensed to practice optometry or reviewing evidence obtained at a hearing for disciplinary action, the Board shall meet in executive session and may exclude the press and members of the public.

SOURCE: Subsection (d)(10) repealed/reenacted by P.L. 23-009:2 (Mar.
30, 1995).