COL11282017
22 Guam Code Ann. BUSINESS REGULATIONS
CH. 6 FAIR CHANCES HIRING PROCESS ACT

(a) The Guam Department of Labor shall develop administrative rules and regulations in accordance with outlining the procedures by which it will accept, investigate, and adjudicate complaints of Fair Chances Hiring Process Act violations, and the enforcement of provisions of the Act. All rules and regulations shall comply with the Administrative Adjudication Law, as required in Chapter 9 of Title 5, Guam Code Ann..

(1) The Director of Labor shall be the Hearing Officer in any appeals relative to enforcement actions initiated by the Fair Employment Practice Office.

(2) The Fair Employment Practice Office shall have all necessary enforcement and investigative powers to enforce provisions of this Act.

(3) The Department may refer any unpaid penalties to the Department of Revenue and Taxation, or other appropriate licensing entities, who shall require that all penalties under this Act be paid in full before renewing a business license.

(b) In the development and application of rules and regulations, the Department shall take into consideration penalties ranging from training, retraining, written warning, and financial penalties. The Guam Department of Labor is hereby authorized to issue fines for violations of this Act in accordance with the following monetary caps:

(1) for employers that employ fifteen (15) to thirty (30) employees, a fine of up to, but not more than, One Thousand Dollars ($1000.00) per violation;

(2) for employers that employ thirty-one (31) to ninety-nine (99) employees, a fine of up to, but not more than, Two Thousand Dollars ($2000.00) per violation; and

(3) for employers that employ one hundred (100) or more employees, or for any government of Guam agency, a fine of up to, but not more than, Four Thousand Dollars ($4000.00) per violation.

(c) The Guam Department of Labor may develop a training program and/or a plan for providing training resources for employers and their representatives, such as hiring authorities or human resource officers. The program may include a mandatory posting in each

COL11282017
22 Guam Code Ann. BUSINESS REGULATIONS
CH. 6 FAIR CHANCES HIRING PROCESS ACT

employer’s premises, developed by the Department, which notifies employees of this Act and other labor laws.

(d) Any penalty fines for violations of this Act shall be collected by the Department of Labor. Fines collected by the Department under the provisions of this Section shall be deposited in the Manpower Development Fund to be employed exclusively for the training programs and enforcement operations within the Fair Employment Practice Office. The Director of Labor shall submit an annual report of all expenditures and activities under this Subsection to I Liheslatura (the Legislature).

(e) An employer may request for an advisory opinion from the Fair Employment Practice Office with regards to a specific situation related to this Act; provided, however, that the Director may decline to entertain such requests at his or her discretion.

§ 6105 Reporting Requirements.

(a) The Guam Department of Labor Compliance Office shall maintain data on the number of complaints filed pursuant to this Act, demographic information on the complainants, the number of investigations it conducts, and the disposition of every complaint and investigation, complete with a summary as to the Department’s compliance with its rules and regulations.

(b) In the event that an employer is found to have more than one (1) violation of this Act, the Guam Department of Labor Compliance Office shall post the name of the employer on the Guam Department of Labor official website. Employers found to be in violation of this Act shall not be posted for their first violation, but shall be posted for all subsequent violations. The names of applicants impacted by an employer violation shall not be named. This posting shall be made on the Guam Department of Labor official website, and shall include the date of the violation. Violating employers shall be listed on the official website for a period of seven (7) years after they are found in violation, and removed after that time period.

(c) Data maintained by the Guam Department of Labor regarding Subsection (a) of this Section shall be posted on its official website annually beginning one (1) year from the effective date of the Fair Chances Hiring Process Act.