As head of the Department, the Director: (a) Shall administer the Department;
(b) Shall exercise and discharge the powers and duties of the Department through such divisions or other organiza- tional units as he may establish pursuant to this Chapter or as otherwise provided by law;

(c) Shall enforce the provisions of this Chapter and of any other laws imposing any power, duty or function upon the Department;

(d) May, after notice and opportunity to be heard, make, amend, or repeal substantive or procedural rules and regula- tions of general application that he may deem necessary or appropriate to carry out the powers and duties vested in him or in the Department; such rules and regulations shall be sent to the Governor, and upon his approval and promulgation by Executive order, shall have the force and effect of law;

(e) May formulate and adopt rules necessary or proper for the internal administration of the Department;

(f) Shall cause proper investigations or inspections to be made of all matters proscribed by this Chapter and by any other laws within the jurisdiction of the Department;

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(g) May require any employer, or his agent, who is affected by a law within the jurisdiction of the Department, to submit full and correct statements in writing, including sworn statements with respect to wages, hours, names, addresses, and such other information pertaining to his employees and their employment as the Director may deem necessary or appropriate;

(h) Shall institute, or cause to be instituted, such legal proceedings as may be necessary properly to carry out any of his powers or duties;

(i) Shall inquire into the causes of injuries arising out of and in the course of employment, and advance measures for the prevention of such injuries and for the improvement of sanitary conditions in places of employment;

(j) Shall encourage, promote, and develop occupational training opportunities for the citizens of Guam;

(k) May investigate the condition or status of aliens relative to their employment, and shall ensure compliance with all applicable Guam and federal laws regarding the employment of aliens.

(1) To facilitate the investigation, employers shall ensure that all alien workers at a worksite possess some form of valid, government issued picture identification to include, but not limited to: a passport, a Guam or state-issued driver’s license, or an employment authorization card; and the Director or his authorized representative may request such identification documents from any alien worker at a place of work on Guam. If a worker’s immigration status is in question, the Department may temporarily detain such individual on site so that the Department can verify the worker’s status with federal immigration officials.

(2) Should an inspection of a worksite determine that an alien(s) who does not possess lawful work status is being employed at a place of work on Guam, the employer shall be served a notice of violation (or citation) which details the violation, and shall be subject

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to licensing sanctions including: suspension or revocation of their business license, and/or license sanction fees. The respondent (employer) may request an administrative hearing. Said request for a hearing must be received in writing by the Department within fifteen (15) calendar days from the date of receipt of a notice of violation (or citation). Notwithstanding § 9220 of Title 5 Guam Code Ann., Article 2, Chapter 9, the hearing shall be conducted by the Director, who shall be the hearing officer. The hearing process shall be subject to the procedures of Chapter 9 Title 5 of the Guam Code Annotated; and any notice of violation (or citation) served pursuant to this Section shall fulfill the requirements of § 9202 of the same. The Office of the Attorney General shall assist in providing advice to the Director/hearing officer when matters of law arise. In the event that the Director/hearing officer affirms that the notice of violation (or citation) is valid, or if no hearing is requested in writing within fifteen (15) days from the date on the notice of violation the respondent shall be subject to the following:

(A) First Offense: For the first offense, the employer shall be subject to a license sanction fee of One Thousand Dollars ($1,000.00) per worker without lawful status found to be employed at the worksite inspected, and suspension of the employer’s license to do business on Guam may be recommended. The Director may refer the matter to the appropriate licensing entity with the recommendation to suspend the employer’s license to do business on Guam for a period of up to thirty (30) days, or until the employer pays all license sanction fees levied for a first offense of this Section.

(B) Second Offense: In the instance of a second offense, defined as any violation of this Section not on the same day as the date noted on the first notice of violation (or citation), but within one year of the date noted on the first notice of

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violation (or citation), the employer shall be subject to a license sanction fee of Two Thousand Dollars ($2,000.00) per worker without lawful status found to be employed at the worksite inspected, and suspension of the employer’s license to do business on Guam may be recommended. The Director may refer the matter to the appropriate licensing entity with the recommendation to suspend the employer’s license to do business on Guam for a period of up to sixty (60) days, or until the employer pays all license sanction fees levied for a second offense of this Section.

(C) Third Offense: In the instance of a third offense, defined as any violation of this Section not on the same day as the date noted on the second notice of violation (or citation), but within one year of the date noted on the second notice of violation (or citation), the employer’s license to do business on Guam shall be revoked by the appropriate licensing authority immediately upon the receipt of findings of the Director.

(D) During the appeal, the respondent (employer) who is served the notice of violation may establish an affirmative defense against the licensing sanctions imposed pursuant to this Section, if the employer has complied in good faith with the federal I-9 process to determine an alien’s lawful work status prior to hire.

(3) In the event of a violation of this Section, if the employer of an alien worker without lawful work status is not readily identifiable, the prime contractor at a job site whose name appears on the building permit, or the owner named on the business license of the establishment inspected shall be liable for the licensing sanctions administered pursuant to this Section.

(4) The Department’s Alien Labor Processing and
Certification Division shall have all necessary

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enforcement and investigative powers needed to enforce the provisions in this Section.

(5) Funds generated from § 1106(k)(2) shall be deposited in the GDOL Manpower Development Fund, and expended in accordance with the provisions of Title
22 Guam Code Ann. § 7118.1 (e).

(l) Shall promote friendly and cooperative relations between employers and employees;

(m) May inquire into and report on the cause of all strikes, lockouts, and other labor-management controversies or disputes;

(n) Shall develop, implement, and promote infor- mational and educational programs to acquaint employers, employees, and the public with the purposes and provisions of all labor laws;

(o) Shall submit an annual report to the Governor of the Department’s operations, and render such other reports as the Governor shall requires or as may be required by law; and

(p) Shall exercise and discharge such other powers and duties as may be prescribed by this Chapter or by any other law.

(q) Shall cause the posting of all job opportunities, for which applications for temporary alien labor certification have been submitted by employers, at each Mayor’s office by transmitting appropriate job announcements electronically to the email address of each Mayor’s office on Guam. A listing of all Mayors’ offices’ email addresses, for the purposes of this Subsection, shall be provided to the Department by the Mayors Council of Guam.

SOURCE: GC § 48055. Subsection (q) added by P.L. 31-122:1 (Sept. 30,
2011). Subsection (k) amended by P.L. 32-110:2 (Feb. 10, 2014).

2015 NOTE: In adding subsection (k)(5), P.L. 32-110:2 referred to Title
22 Guam Code Ann. § 7118(1)(e). This reference appears to be a manifest error, and the correct reference is to § 7118.1(e).