Guam EPA board delays appeal hearing after hearing officer is absent, seeks missing briefs

The Guam Environmental Protection Agency Board of Directors on May 21 postponed consideration of an appeal of a denied license because the hearing officer was not present and the board had not received the hearing officer's packet or the parties' briefs. The board set a continuation meeting for June 9, 2026 and directed staff to press the Attorney General's office and the parties to provide the missing documents.

Director Kathleen Morlin said she was "concerned that we don't have any information" and pressed staff to confirm whether statutory deadlines could be jeopardized by the delay. Kristen, who identified herself as representing the agency in the appeal, said she would defer to the hearing officer and the AG's office on deadlines and procedural questions.

Board members reported they had received a draft titled "order for remand" but not the full board packet that normally accompanies an appeal. Board secretary Arlene confirmed the packet had been requested repeatedly and said she and staff had followed up nearly daily; the board agreed to send a formal request signed by the chair asking the AG's office and the parties to deliver all materials that were submitted to the hearing officer.

The board debated whether it had authority to compel parties to file briefs directly with the board secretary. Members ultimately agreed on a practical schedule: request party briefs within seven days of the board's request and hold a continuation one week after that (the board recorded June 9 as the tentative continuation date). Several directors said they preferred to have the hearing officer present when the board reviews the matter.

The board did not take a final substantive vote on the underlying appeal at the May 21 meeting. The next procedural step is the board's formal request to the AG's office and the parties and the June 9 continuation, when the hearing officer or a full packet should be available.