American Samoa Administrative Code

The invalidity of any section, clause, sentence, or provision of this chapter shall not affect the validity of any part of this chapter which can be given effect without such invalid part or parts. History: Env. Qual. Comm. Reg., eff prior to 1975, § 10.37.

The executive order codified in this section and 12.0502 is issued under the authority of Section 6 of Article IV of the Revised Constitution of American Samoa and 15.0501 ASCA. History: Rule 2-82 (Ex. Ord. 3-82), eff 2 Jul 82, § 1.

The American Samoa Emergency Energy Conservation Plan, attached hereto as Annex “A”, is approved, adopted and incorporated by reference herein. History: Rule 2-82 (Ex. Ord. 3-82), eff 2 Jul 82, § 2.

The purpose of this chapter is to provide for the regulations of local telecommunications operations in American Samoa in a manner which serves the public interest. The objectives of such regulations shall be: A. To promote the rapid development of efficient, modern, and advanced…

A. “Telecommunications Regulatory Commissioner” or “Commissioner” means the Governor of American Samoa. B. “Telecommunications carrier” means any person engaged as a common carrier in providing telecommunications service for hire. C. “Local” means within the Territory of American…

It shall be the duty of every telecommunications carrier providing local service in American Samoa: A. To provide such telecommunications service upon the reasonable request of any party; B. To establish interconnection with other telecommunications carriers, subject to the order…

The Telecommunications Regulatory Commissioner shall have regulatory jurisdiction with respect to the local operations of telecommunications carriers in American Samoa. The Commissioner shall perform the functions of the “state commissioner” for American Samoa under the Federal C…

A. Pleadings. Pleadings before the Commissioner shall be informal. Proceedings may be initiated by application, petition, complaint, or other form of pleading as may be appropriate under the circumstances. B. Proceedings. Proceedings may be initiated by an initial pleading or by …

Any party to a proceeding before the Commissioner which is aggrieved by a final decision of the Commissioner may petition for review of such decision by the High Court of American Samoa pursuant to A.S.C.A 4.1040 through 4.1044, except where preempted by federal law.

A. Pursuant to A.S.C.A. 4.1010, if an agency finds that an imminent peril to the public health, safety, or welfare requires adoption of a rule upon fewer than 20 days notice and states in writing its reasons for that finding it may proceed without prior notice or hearing. B. The …

The ru1es adopted in this chapter are adopted under the authority of 16.2504(a)(l) A.S.C.A. History: Rule 10-80, eff 20 Aug 80, § 1; repea1ed and replaced by Rule1-38 eff 25 May 88, §§ 1,2.

As used in the chapter unless the context otherwise requires: (a) Administrator” means a person hired by the board to administer the financial aid program. (b) “Board” means the student financial aid board. (c)“Chairman” means the chairman of the board elected from among its memb…

(a) The categories of awarding student financial aid are: (1) Scholarships. Scholarships are awarded to eligible applicants based solely upon the applicant’s competitive college entrance examination scores, TOEFL or SAT and GPA, without regard to financial need. (2) Grants-in-aid…

(a) By January 1,1990, not less than 10 percent of the moneys available in the fund each year shall be allocated to scholarships. (b) The remainder of the moneys available in the fund each year shall be allocated to grants-in-aid, student loans and program expenses. The moneys al…

Financial aid may only be awarded to an applicant who: (1) is a United States national or citizen, or an American Samoan as defined in 41.0202(1) (c) A.S.C.A., or a permanent resident in accordance with 41.0401 A.S.C.A., et seq., or a person legally adopted in accordance with 45.…

All applications for financial aid shall be made on forms approved by the board. Applications shall contain information establishing eligibility to the board’s satisfaction, and state anticipated areas of study and occupational or professional preferences. History: Rule 10-80, ef…

(a) Each applicant shall submit to the board at least 3 letters of reference or support from teachers, counselors, principals, employers and other persons with specific knowledge of the applicant’s character and abilities before receiving any award of financial aid. (b) Each appl…

(a) On scholarships for high school graduates, the minimum scholastic achievement for scholarship awards are a TOEFL test score of 580 or SAT combined test score of 900, and a 3.6 out of 4.0 cumulative GPA. For ASCC graduates, the minimum scholastic achievement for scholarship ar…

(a) Scholarships shall be for uniform amounts as determined and published by the board prior to the competitive examinations of applications each year, without regard to other financial assistance available to the recipient, excluding travel grants. (b) Grants-in-aid and student …

(a) In addition to the amount of any financial aid, each recipient of financial aid shall be provided air transportation at the standard economy rate for commercial air carriers from American Samoa to the recipient’s educational institution upon the initial award. Return air tran…

(a) Financial aid shall be awarded by contract containing the conditions of the award. Each financial aid category shall have a standard and uniform contract approved by the Attorney General. (b) Financial aid contracts shall contain provisions governing the following matters: (1…

(a) Financial aid shall be awarded for one scholastic year at a time unless the board determines financial aid for a specific recipient should be of longer or shorter duration due to special or unique circumstances. (b) A recipient who complies with the conditions set forth in 13…

Financial aid may be cancelled by the board if the recipient: (1) is not a full-time student; or (2) does not comply with the policy of his or her educational institution governing overall grade point averages, including any probationary periods provided by that policy; or (3) do…

Selection for grants-in-aid will be based on professional preference catering to the need of the territory. History: Rule 1-88,eff 25 May 88, §§ 1,2.

Grants-in-aid will be awarded to those ASG employees based on merit arid professional preference. Recommendation will be submitted by the Director of Manpower Resources and the respective department, office, or other agency head. History: Rule 1-88, eff 25 May 88, §§ 1,2.

(a) The chairman, or his or her designee authorized in writing, shall sign all financial aid contracts on behalf of the American Samoa Government. (b) The Director of Education shall be responsible for: (1) the custody and care of all applications for financial aid, documents rel…

The rule codified in this-section and 13.0202 and 13.0203 A.S.A.C., is adopted under the authority of 16.2002(b)(5) A.S.C.A. History: Rule 19-83, eff 28 Dec 83, § 1.

Tuition at the American Samoa Community College for each term, beginning the first term of the 1983-1984 college year, is as follows: (1) American Samoans, U.S. nationals, permanent residents certified by the Immigration Board, and U.S. citizens: $2 per credit, with a maximum of …

Other fees and charges at the American Samoa Community College are as follows: (1) Change of registration fee: $5; (2) Late registration fee: $10; (3) Noncredit courses: variable to cover the cost of instruction (e.g., teachers $10 per hour; supplies used; etc.); (4) Laboratory f…

(a) The director of parks and recreation has determined that certain commercial activities may be allowed in limited numbers and under controlled conditions within selected park areas under the management and control of the department of parks and recreation. (b) it has been furt…

These rules shall apply to all areas of the park system under the jurisdiction of the director as defined in Chapter 2 of Title 18, A.S.C.A. The purpose of these rules is to govern the use and protection of the Territorial Park System. History: Rule 17-87. eff 24 Dec 87. § 2.

As used in these rules, unless the context requires otherwise: (a) “Accessory activity” means a use which is incidental and subordinate to an authorized activity. (b) “Applicant” means an individual, group or organization who has made a formal request or petition to the departmen…

With the exception of the Ili’ili golf course, all parks are open to the public between the hours of 5: 00 a.m. and 10: 00 p.m., and closed to the public during other hours. Only activities authorized by permit will be allowed during the hours the parks are closed. History: Rule …

If any provision of these rules and regulations, or the application of such provision, is held to be invalid, the remaining portions of these regulations or the application of said portions shall not be affected. History: Rule 37-87. eff 24 Dec 87, § 2.

Any person found in violation of these rules and regulations in this title may be subjected to a fine of up to $250 or denied use of territorial parks for the purpose requested, or both. Certain violations can be punished by imprisonment for up to 6 months, a $500 fine, or both, …

All commercial activities within the territorial parks are subject to a system of regulation. Only authorized commercial activities shall be allowed within territorial parks. History: Rule 17-87. eff 24 Dec 87, § 2.

(a) A commercial activity may receive an authorized activity designation only after proper application has been made to the department, a public hearing has been held (see 15.0203), and the application has been approved by the director and the commission. (b) Unless stated otherw…

A public hearing is required before an authorized activity designation may be awarded. During the course of a public hearing upon an application for an authorized activity designation, the director or an authorized representative may accept and consider written and oral informati…

Applications for authorized activity designations will be reviewed on the following criteria: (1) whether the activity is consistent with the nature of a particular park; (2) whether the facilities in a particular park or the facilities of the park system generally may be consist…

(a) The director or an authorized representative must schedule a hearing, with notice given to the permit holder, to revoke or otherwise modify an authorized activity designation. During the course of such a hearing, information may be accepted from interested parties related but…

Commercial notices or advertisements shall not be displayed, posted or distributed within the parks except with the prior written permission of the director. This includes the distribution of flyers placed on unattended vehicles. Permission to advertise may be granted only if the…

Engaging in or soliciting any business within the premises except in accordance with the provisions of an authorized activity designation, contract, license, lease, concession or other written agreement with the Government is prohibited. History: Rule 17-87. eff 24 Dec 87, § 2.

(a) Valid permits shall be issued only by the department. Duplicate copies will not be honored. Depending on the activity, the activity may also require a business license (See Chapter. 27.02 A.S.C.A.). The following activities when conducted within the park system require a perm…

The following activities, whether commercial or noncommercial, fundraising or nonfundraising, are not allowed and permits will not be issued: (a) washing of any vessel or vehicle; (b) commercial preparation of food by restaurants or food caterers, unless the preparer has an autho…

Except for permits issued to government agencies, all permits shall be subject to the following fees: (a) Permit Fees. (1) Fund-raising activity, $100; (2) Nonfund-raising site reservation $10. (b) Cleaning Fees. The following activities also require deposit of a refundable clean…

The following conditions shall apply to permits: (a) In general, permits shall be issued on a first-come, first-served basis; however, depending upon the activity and the park involved, the department may implement a lottery system when the number of requests exceeds the number o…

Application for permits may be denied when: (a)The park or park facilities requested are closed or will be closed because of damage, or because of scheduled or on-going construction, repairs or maintenance activities, or because of other reasons. (b) A state of emergency is decla…