March 13, 2020, Tamuning, Guam- The Superior Court issued a ruling today in favor of the Office of the Attorney General (OAG). Last year, the OAG asked the court to invalidate the gaming regulations because they were submitted by the Department of Revenue and Taxation (DRT) to the Legislature without complying with the Administrative Adjudication Law. The court granted the OAG’s motion for summary judgment and request for declaratory judgment.
“The court’s decision affirms the position that this office has taken for over a decade: gambling devices cannot and should not be licensed in Guam,” said Attorney General Leevin Taitano Camacho.
In today’s decision, the court agreed with the OAG and found that the regulations were invalid because DRT failed to provide public notice or hold public hearings and failed to submit an economic impact study. The court also rejected arguments that the Legislature retroactively approved the gaming regulations.
“Our laws prohibit gambling machines and we now have a court decision that eliminates any argument that these machines can lawfully be licensed under gaming regulations,” said Attorney General Camacho. “DRT must follow our laws and the court’s decision and revoke any gaming licenses and not reissue or renew any gaming licenses.”
Assistant Attorney General Marianne Woloschuk and former Deputy Attorney General Kenneth Orcutt handled the matter on behalf of the OAG.