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Guam EPA board votes to let hearing officer hear contested cases solo
Summary
After discussing open‑meeting and quorum implications, the Guam EPA board voted to have the hearing officer alone act as the adjudicator for a proposed‑order contested case rather than assemble a board panel; the motion passed by voice vote.
The Guam Environmental Protection Agency board debated whether contested cases should be decided by a hearing officer alone or by an adjudicatory panel that included some board members, and ultimately voted in favor of having the hearing officer hear the matter alone.
Board members raised practical and legal considerations, including open‑meetings requirements for board members participating in adjudicatory deliberations and the logistical difficulty of assembling several board members over multiple hearing days. One board member noted that if board members participate as the adjudicatory body, the proceeding could trigger formal public‑meeting rules and quorum requirements.
After discussion, a motion was offered "for the hearing officer to hear the case" and seconded. The motion passed by a voice vote with those present in favor.
Outcome and next steps: the hearing officer will proceed as the factfinder for the proposed order. Staff indicated the hearing will span multiple days and will be scheduled in July; the board emphasized that members who did not participate in hearing evidence should not vote on the final decision if they did not hear the evidence.
