American Samoa Administrative Code

A quorum shall be one-half or more of the appointed members in attendance at a meeting. A quorum shall not be lost when members leave the meeting unless the quorum is questioned by at least one member still in attendance. No official business can be conducted without a quorum. Hi…

The chairperson may name committees of the board to perform investigation or tasks to report back to the board. A site visit to any location proposed as a beauty shop or salon under consideration may be made by a committee of the board as a whole or committee of at least 2 member…

In accordance with the provisions of 31 .0504 A.S.C.A., the board hereby requires: (a) Three references to demonstrate the applicant is of good moral character. (b) The demonstration of a valid current license to practice hairdressing and cosmetology in any state of the United St…

(a) In accordance with the provisions of 31.1505 A.S.C.A., the board hereby requires: (1) Prior written certification by the director of medical services that the salon meets the standards of sanitation required by the rules of the department of health no longer than 30 days prio…

(a) The fee for a licensed operator shall be $15.00 for an application, and for each renewal per year payable by December 31 of each year. (b) The fee for a licensed beauty salon shall be $25.00 for an application, and for each renewal per year payable by December 31 of each year…

The board shall issue an order to show cause to any operator or beauty salon when the board determines that revocation or suspension of any license is warranted. The requirements of 31.1508 A.S.C.A., shall be complied with at the hearing on the order to show cause. History: Rule …

(a) All operators may maintain their current license in the state or country of original issuance, if they so wish. A life-time license from a country is presumed to be valid at all times unless otherwise declared. (b) No renewals shall be granted without an updated health permit…

The rules codified in this chapter are promulgated pursuant to authority granted the Governor by 37.2040 ASCA. History: Relocation Asst. and Prop. Acq. Regs., eff prior to 1975, Reg. 1.01.

The purpose of this chapter is to provide guidelines for relocation payments and relocation assistance and to otherwise enable the ASG to comply with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, PL 91-646, 2 Jan 71. History: Relocation Ass…

As used in this chapter, the term : (1) “agency” means any department, agency, or instrumentality of the territory; (2) “business” means any lawful activity, excepting a farm operation, conducted primarily: (A) for the purchase, sale, lease, and rental of personal and real proper…

(a) If an agency acquires real property for public use, there shall be fair and reasonable payments to displaced persons and business as required by this chapter, for: (1) actual reasonable expenses in moving himself, his family, business, farm operation, or other personal proper…

(a) In addition to payments otherwise authorized by this chapter, the Governor shall make an additional payment not in excess of $05, 000.00 to any displaced person who is displaced from a dwelling actually owned and occupied by the displaced person for not less than 180 days pri…

In addition to amounts otherwise authorized by this chapter, the Governor shall make a payment to or for any displaced person displaced from any dwelling not eligible to receive a pay- men t under 37.0106, which d welling was actually and lawfully occupied by the displaced person…

(a) Whenever the acquisition of real property for a program or project undertaken by an agency will result in the displacement of any person, the Governor shall provide a relocation assistance advisory program for displaced persons which shall offer the services prescribed in sub…

Whenever the acquisition of real property for a program or project undertaken by an agency will result in the displacement of any person on or after the effective date of the rules codified in this chapter, the Governor shall assure that, within a reasonable period of time prior …

The Governor will insure that: (1) the payments and assistance authorized by this chapter shall be administered in a manner which is fair and reasonable, and as uniform as practicable; (2) a displaced person who makes proper application for a payment authorized by this chapter sh…

In order to prevent unnecessary expenses and duplication of functions, and to promote uniform and effective administration of relocation assistance programs for displaced persons, the Governor may enter into contracts with any individual, firm, association, or corporation for ser…

Funds appropriated or otherwise available to any agency for the acquisition of real property or any interest therein for a particular program or project shall be available also for obligation and expenditure to carry out the provisions of this chapter as applied to that program o…

No payment received by a displaced person under this chapter shall be considered as income or resources for the purpose of determining the eligibility or extent of eligibility of any person for assistance under any territorial law or for the purposes for the territory’s personal …

This article prescribes the procedures for the acquisition of real property. History: Relocation Asst. and Prop. Acq. Regs., eff prior to 1975, Reg. 3.01

(a) In acquiring real property the government will to the greatest extent practicable; (1) make every reasonable effort to acquire real property expeditiously through negotiation; (2) before the initiation of negotiations have the real property appraised and give the owner or his…

(a) Notwithstanding the provisions of 37.0116, where it is shown by appropriate means that a project will result in a direct benefit to a person, family, or village having custody of lands required by the government for such project, and where such benefit will at a minimum equal…

In acquiring any interest in real property the government will acquire at least an equal interest in all buildings, structures, or other improvements located on that real property which will be removed or which will be adversely affected by the completed project. History: Relocat…

(a) In case of the building, structure, or other improvement owned by the tenant on real property acquired for a project to which this article applies, the government will, subject to subsection (b) of this section, pay the tenant the larger of: (1) the fair market value of the i…

As soon as possible after real property has been acquired, the government shall reimburse the owner for: (1) recording fees, taxes, and similar expenses incidental to conveying the real property to the agency; (2) penalty cost for prepayment of any preexisting recorded mortgage e…

All departments of the ASG will issue procedures to assure compliance with this chapter. History: Relocation Asst. and Prop. Acq. Regs., eff prior to 1975, Reg. 3.07.

The crop, plant and tree compensation scheme for American Samoa is as follows: <img decoding="async" src="https://asbar.org/wp-content/uploads/2019/07/asac37_02_t1.jpg" width="650" /> <img decoding="async" src="https://asbar.org/wp-content/uploads/2019/07/asac37_02_t2.jpg" width=…

Authority to promulgate these rules arises from 24 CFR Part 42, which places the responsibility on ASG to form a local displacement policy when working on HUD redevelopment projects. Authority is also found in Chapter 1, Title 10 of the American Samoa Code Annotated. History: Rul…

With some regularity the American Samoa Government sponsors redevelopment projects within the territory. As a result of these redevelopment projects, the American Samoa Government must occasionally terminate some tenants’ leases. The purpose of these rules is to establish a reloc…

The words and phrases appearing in this chapter requiring definition are defined as follows: (a) “ASG” is the American Samoa Government. (b) “Displaced tenant” is any individual, parttnership, corporation or association who, as a result of an ASG redevelopment project, vacates an…

The following objectives shall be pursued the redevelopment committee : (1) to ensure that displaced tenants with leasehold interests in real property being reclaimed for redevelopment by ASG are treated ly and consistently, to encourage and expedite acquisition by agreements wit…

Upon 90-day notice of termination, ASG attempt to provide displaced tenants an alternative location as close as possible to original location. If a satisfactory location cannot be found, ASG will provide the following assistance: (a) The last 3 months of the tenancy will be rent …

The American Samoa Government will take the following steps in an effort to minimize involuntary displacement of tenants: (1) design projects to reduce displacement of indigenous businesses; (2) attempt to relocate tenants in other ASG facilities; (3) complete projects without un…

As used in this title: (a) The terms defined in 41.0202 ASCA shall have the meanings ascribed to them in thatsection and as supplemented, explained, and further defined in this chapter . (b) “Act” means the immigration act, as amended. (c) “Office” means the immigration office. (…

Any person acting as interpreter in a hearing before the board shall be sworn to interpret and translate accurately, unless the interpreter is an employee of the Attorney General or the High Court, in which event no such oath shall be required. History: Rule 3-86, eff 7 Dec. 86.

The immigration board of American Samoa has its authority from 41.0203 to 41.0205 ASCA. The members of the boardsha11 elect one of its members as chairman annually in March. Rules created by the board are made pursuant to authority granted at 41.0205 (7), (8), (9), (11) and (12) …

The board hereby delegates all of its administrative duties to the Attorney General and such immigration officers of American Samoa as he/she deems necessary. History: Rule 3-86, eff 7 Dec 86.

An appeal shall lie to the board from the following: (1) a decision by the Attorney General or his/her delegate in exclusion cases; (2) a decision by the Attorney General or his/her delegate in deportation cases, except that no appeal shall lie from an order of the Attorney Gener…

The board shall have original jurisdiction in the following matters: (1) an application by a person born outside of American Samoa but one of whose parents was born in American Samoa of Samoan ancestry pursuant to 41.0202(c) (ii) ASCA; (2) an application by a person other than an…

Notwithstanding the provisions of 41.0308 of this chapter, the board may deny oral argument concerning, and summarily dismiss any appeal in any deportation or exclusion proceeding in any case in which: (1) the party concerned fails to specify the reason for the appeal; (2) the on…

The decisions of the board shall be final except in those cases that the board may return a case to the Attorney General for such action as may be appropriate without entering a final decision on the merits of the case. History: Rule 3-86, eff 7 Dec 86.

(a) The board hereby permits attorneys admitted to the High Court of American Samoa to appear before it. Law students, law graduates, legal practitioners and reputable individuals of good moral character may appear on an individual case basis at the request of the person entitled…

Oral argument shall be heard by the board, upon request, in any case over which the board acquires jurisdiction by appeal as provided in these rules. If an appeal has been taken, request for oral argument, if desired, shall be included in the notice of appeal. The board shall hav…

The decision of the board shall be in writing and copies thereof shall be transmitted by the board to the immigration office, the Attorney General, and a copy shall be served upon the alien or party affected by the decision and the legal representative of the alien or party affec…

Accept as may be modified or overruled by the board or a court, decisions of the board shall be binding on the immigration office in the administration of the Act, and selected decisions designated by the board shall serve as precedents in all proceedings involving the same issue…

(a) The board shall refer to the Attorney General for review of its decision all cases which: (1) the Attorney General directs the board to refer to him/her; (2) the chair or the majority of the board believes should be referred to the Attorney General for review. (b) In any case…

The board may on its own motion reopen or reconsider any case in which it has rendered a decision. Reopening or reconsideration of any case in which a decision has been made by the board, whether requested by the Attorney General or any other duly authorized officer of the Attorn…

(a) A party affected by a decision who is entitled under this chapter to appeal to the board shall be given notice of his/her right to appeal. An appeal shall be taken by filing notice of appeal with the immigration office within the time specified in the governing sections of th…

In any case in which an appeal has been taken, the party taking the appeal may file a written withdrawal thereof with the office. The withdrawal of an appeal shall result in the initial decision being final to the same extent as though no appeal had been taken. Departure from Ame…

All regular meetings and hearings of the board shall be held in the immigration office unless otherwise announced each Friday as needed at 9: 00 a.m. Such other meetings and hearings as are necessary for the efficient conduct of its business may be held at such times and places a…