American Samoa Administrative Code

(a) The American Samoa government is recovering slowly and surely but not to the extent that we can forego entirely the administrative and financial controls which we have instituted earlier this year. As a matter of policy, the Executive Branch win continue to exercise frugality…

The government will operate the normal 5-day work week with all employees working 40 hours regular time. History: Rule 20-83, eff 26 Dec 83, § 1.

Proposed reorganizations win be deferred pending review of the management report of the Department of the Interior, unless there are extraordinary circumstances requiring earlier action. In an cases, reorganization requests win be carefully and jointly screened by the director of…

(a) Employees who were otherwise entitled to salary step increments in fiscal year 1983 but for Executive Order No.2-1983 and Executive Order No. 6-1983 will receive them effective October 9, 1983. There win be no retroactive payments. In addition, those employees will receive th…

Reclassifications and promotions will be processed according to normal personnel procedures. Approval will be based on the merits of each case and be contingent upon the availability of funding. There will be no retroactive payments. History: Rule 20-83, eff 26 Dec 83, § 4.

Hiring will be processed according to normal personnel procedures. The establishment of any new position and the filling of any vacant budgeted position requires a separate, written justification accompanying the position action request, form 48 and certification request, form 35…

Other cost containment measures are: (1) department, office and other agency heads maintaining inventories are directed to reduce inventories to and maintain them at realistic levels as jointly determined by the respective agency head, director of program planning and budget deve…

(a) The director of administrative services and the heads of all other revenue generating agencies are directed to increase efforts including appropriate legal remedies with the attorney general’s assistance, to collect outstanding accounts receivable for goods and services provi…

Electric power rates and charges must be structured and from time to time restructured so that total revenues generated are sufficient to cover operating expenses. The rates must encourage conservation rather than consumption of electric power. The executive director of the Ameri…

The director of administrative services will report weekly to the Governor on cash collections and disbursements, as well as other useful financial data. The director of program planning and budget development will report monthly to the Governor on expenditures and revenue collec…

This rule is issued pursuant to authority granted the territorial registrar in 4.1101 and 4.1002 ASCA to establish fees to be charged for all instruments to be registered. History: Rule 8-87, eff 22 Apr 87.

(a) Fees shall be submitted with all instruments prescribed in this chapter and shall be the amount prescribed by law or rule. Every filing shall be accepted subject to collection of the fee. A charge of $15 will be imposed if a check in payment of the fee is not honored by the b…

The rules contained in this chapter are issued pursuant to 4.1205 ASCA and in conformity with Chapter 4.10 ASCA. These rules establish certain records management procedures, intended to improve the economy and efficiency of records maintenance and disposition, which are to be use…

As used in this chapter, the terms “agency ,” “records,” and “archivist” shall have the meanings ascribed to them by 4.120 1 ASCA. History: Rule 14-87, eff 4 Aug 87.

Section 4.1206 ASCA establishes certain agency responsibilities for records. Under these responsibilities, the head of each agency is to: (1) submit to the archivist for administration, disposition, and preservation the records in agency custody not needed for the transaction of …

Each agency shall take appropriate measures to identify and protect those records essential for the continuity of government operations and the protection of the rights and interests of individuals in the event of an emergency or disaster. Effective measures to meet these ends in…

Each agency shall make provision to ensure that records of continuing value are preserved but that records no longer of current value to the agency are promptly disposed of or retired. Effective techniques for accomplishing these ends are the development of records schedules, the…

Agency programs for the creation, maintenance, and use of current records; for the protection of vital records; for the selective retention of records of continuing value; and for the disposal of noncurrent records will be inspected periodically by the archivist to determine agen…

Under 4.1205(1)(C), the archivist is to establish standards, regulations, and procedures for the disposal of records which do not, or will not after a lapse of time possess sufficient administrative, legal, fiscal, historical, or other research value to warrant their further rete…

Each agency is to maintain and apply an agency records schedule, approved by the archivist and on a form prepared by the archivist, for all records of the agency. Such schedules shall include a comprehensive list of the types or series of records of the agency and shall specify t…

Agency records schedules shall be approved in the following manner: (a) A draft schedule shall be prepared by the agency and archivist, indicating the record types or series made or received by the agency and proposed disposition instructions for each type. Disposition instructio…

Agencies and the archivist shall review agency records schedules periodically to ensure that they are kept up-to-date and accurate. Record types may be added to or deleted from an agency records schedule or disposition instructions altered on an agency records schedule by followi…

The archivist may prepare and approve general records schedules governing the disposition of record types which are common to several or all agencies. Such schedules shall be based upon analysis of the administrative, legal, fiscal, audit, historical, and other values of each rec…

The archivist may add record types to or delete record types from a general records schedule or alter the disposition instructions on a general records schedule by following the procedures indicated in 2.0311, specifying the additions, deletions, or alterations which are being co…

The use of agency records schedules and general records schedules is mandatory. Records scheduled for destruction or transfer to the archives shall not be maintained longer by an agency without approval of the archivist, nor shall records be destroyed prior to the expiration of t…

An agency intending to destroy, sell as scrap, purge, or otherwise discard any temporary records shall forward to the archivist a notification of the proposed action at least 15 days in advance of the intended action. Such a notification shall be on a form prepared by the archivi…

Records may be transferred by an agency to the government records center operated by the archivist provided that: (a) the records are properly scheduled; (b) the records are not eligible for immediate destruction but are no longer actively needed in agency space; and (c) faciliti…

Records stored at the records center which become eligible for destruction shall be destroyed by the archivist in accordance with approved records schedules. The archivist shall notify the depositing agency of the intention to destroy the records at least 30 days prior to their i…

An agency, in accordance with disposition instructions on an approved records schedule and with the approval of the archivist, shall transfer to the government archives operated by the archivist those records of permanent value which are no longer actively needed in agency space …

An agency which wishes to: (1) retain custody of temporary records beyond the time when they are scheduled for destruction; or (2) retain custody of permanent records beyond the time when they are scheduled for transfer to the archives; shall request authorization from the archiv…

All records of agencies are the property of the government. No agency may transfer physical or legal custody of its records except to a successor agency, to an agency having administrative or other official need of the records, under provisions of any applicable laws or administr…

Authorization for disposition actions which, due to exceptional circumstances or emergencies, will not be in conformity with these rules may be requested of the archivist by the head of an agency. Such requests should provide justification for the proposed actions. The archivist …

Under 4.1205(1)(E), the archivist is authorized to establish standards, regulations, and procedures for the reproduction and maintenance of records by micrographic, photographic, magnetic, or other processes. Reproductions made in compliance with these standards have the same for…

Agencies may utilize micrographics for the reproduction of records, provided that such use is determined by the agency to be economical and efficient for the care, maintenance, retrieval, security, and preservation of the records. Before microfilming, agencies should especially c…

Micrographic processes and the storage and use of resulting microfilm should comply, insofar as is possible, with current minimum standards approved by the American National Standards Institute and the Association for Information and Image Management. Such compliance is especiall…

Original records which have been microfilmed may be destroyed, unless otherwise prohibited by law or regulation, by complying with 2.0314 of this chapter, indicating that the microfilm is being substituted for the original records for the remainder of the assigned retention perio…

The rules set out in this chapter govern procedure before the campaign spending commission and were adopted by the commission under 6.1703(b) 5 ASCA to carry out the provisions of 6.170 1 ASCA et seq., relating to election campaign contributions and expenditures as now or hereaft…

(a) The rules shall be liberally construed to promote meaningful disclosure of the financial aspects of the campaign process, including the source of contributions and the manner of expenditures, .in order to promote public participation and confidence in the electoral process. (…

As used in these rules and in proceedings brought under these rules, unless the context clearly requires otherwise: (a) The terms “advertisement”, “campaign treasurer”, “candidate”, “commission”, “committee”, “contribution”, “election”, “expenditure”, “house bulletin”, “news pape…

(a) Office. The offices of the commission are in the Office of the Chief, Election Officer or other address at which the commission may be located from time to time. Unless, otherwise specifically directed, all communication; to the commission may be sent by mail to the Campaign …

(a) The term “public record” means any written or printed report, book or paper, map or plan or the territory or its’ respective Subdivisions and boards, which is the property thereof, and in or on which an entry has been made or is required to be made by law, or which any public…

(a) Filing of Legal Documents. (1) Place or Filing. All disclosures, complaints, requests for opinion; pleadings submittals, petitions, briefs. memoranda, and other papers required or permitted to be filed with the commission in any proceeding shall be filed with the Chief Electi…

This rule covers the Code of Fair Campaign Practices adopted by the commission in accordance with 6.1703(b) (4) ASCA. History: Rule 1-85, eff 2 May 85, § 2.1.

(a) Copies of the code will be available from the commission at the office of the Chief Election Officer. (b) A candidate who elects to conduct his campaign in accordance with the code may furnish the commission 2 signed copies of the code at any time on or after the day he becom…

Any candidate, committee, or party on behalf of a candidate, who believes that another candidate is not conducting his campaign in accordance with the code may request the help of the commission. The commission may communicate directly with both candidates in order to eliminate a…

The commission will issue advisory opinions. History: Rule 1-85, eff 2 May 85, § 3.1.

“Advisory opinions” are opinions on subjects which the commission determines to be of widespread interest. With identification removed, they shall be public records available in the commission office. History: Rule 1-85, eff 2 May 85, § 3.2.

(a) Who May Request. The commission will not issue advisory opinions involving current or proposed activities of someone other than the inquirer. (b) Form: Content. All requests for advisory opinions shall be in writing and shall contain: (1) The identity of the person requesting…

(a) Any request which does not conform to the foregoing, or where the facts presented are considered by the commission to be inadequate for the purpose, shall be rejected. (b)A request for an advisory opinion is considered filed with the commission when all the information consid…

(a) Generally, an advisory opinion will be rendered only upon facts submitted in writing. The inquirer, however, may request a hearing in writing, stating the reason he is making the request and may request to have persons attend with him. The commission in its discretion may gra…