American Samoa Administrative Code

(1) Contents. The decision of the board may be oral or written. Except when deportability is determined on the pleading pursuant to subsection 41.0807(b) of this chapter, the decision of the board shall include a discussion of the evidence and findings as to deportability. The fo…

(a) Written Decision. A written decision shall be served upon the respondent and the Attorney General together with the notice informing the respondent of appeal right. Service by mail is complete upon mailing. (b) Oral Decision. An oral decision shall be stated by the board in t…

The order of the board shall be final and subject to appeal at the High Court pursuant to the Act. History: Rule 3-86, eff 7 Dec 86.

The immigration board may upon its own motion or, upon motion of the respondent or the assistant attorney general reopen or reconsider any case in which it made a decision. A motion to reopen will not be granted unless the board is satisfied that evidence sought to be offered is …

Once an order of deportation becomes final from the board, an alien, not in the physical custody of the office, shall be given not less than 48 hours advance notice in writing of the time and place of his/her surrender for deportation. If the alien fails to surrender as directed,…

Persons may apply for the status of permanent resident in American Samoa on the following basis: (a) As an American Samoa pursuant to 41.0402(a) of the Act; (b) As a person who established American Samoa as the permanent residence on or before 1 January 1950 and whose spouse and …

Any person applying to become a permanent resident must submit a separate application. The board hereby approves forms IB 101, IB 101 I, and IB 102 for use relative to permanent residence. The board shall have exclusive jurisdiction in declaring eligibility for permanent resident…

Upon consideration of the application by the immigration board of persons who have filed for permanent residence status, the board shall decide based on evidence presented at a hearing whether the person will be granted permanent resident status or not. Persons who apply for perm…

Permanent residents may lose their status if they reside outside American Samoa for a period in excess of 6 months without approval of the board. Any non-American Samoan permanent resident can lose the status of “permanent resident” by action of the board because that person has …

(a) No person may knowingly employ any alien without written approval before the person commences work. (b) No alien may seek employment or become employed without prior written approval of the office or the board. (c) Subsection 41.0409(c) ASCA provides for a hearing before the …

Pursuant to 41.0202(1)(c)(ii) ASCA the board is to approve eligible persons as American Samoans. The board hereby approves form IB l03 and IB 1 03 I for filing purposes. History: Rule 3-86, eff 7 Dec 86.

(a) Any person or group traveling to American Samoa not as tourists but for the purpose of visiting family and friends or for cultural or religious exchanges must provide: (1) approval of the matai or senior member of the family or, if a religious exchange, the head of the church…

(a) Certificate of Identity. (1) A certificate of identity is a travel document issued under the authority of the Attorney General. No alien is eligible for a certificate of identity. No person who is eligible for a United States passport as a citizen or a national shall be issue…

The rules codified in this chapter are adopted pursuant to authority granted in 4.1002 ASCA. History: Rule 6-75, eff 14 Jul 75. § 401.

The parole board has the power: (1) to determine date of parole eligibility based on applicable statute and the sentence of the court; (2) to parole prisoners at its discretion in accordance with prevailing statutes and this chapter; (3) to provide the manner and conditions for t…

(a) The parole board shall meet when the chairman deems it necessary or on the written request to the chairman of at least 2 members. Hearings shall be conducted as required by this chapter. (b) The presence of 3 members shall constitute a quorum. A vote of the majority of board …

The chairman of the board shall be responsible for preparation and submission of records and reports and be generally responsible for the administrative work of the board. The parole officer shall provide assistance as required by the chairman. History: Rule 6-75, eff 14 Jul 75, …

A prisoner desiring to apply for parole shall execute an application for parole and such other forms as are prescribed by the board. Such forms shall be provided to prisoners eligible for parole no less than 15 days before the date of eligibility. Failure to execute such forms ma…

Determination that a prisoner has completed one-third of his sentence shall be made from the confinement order. The prison warden shall give the chairman of the board and the prisoner no less than 15 days written notice of the prisoner’s date of eligibility. History: Rule 6-75, e…

(a) The prison warden shall be responsible for forwarding the application to the parole officer along with his comments on the merits of the application. The parole officer shall prepare a background report. He shall then forward the application with the warden’s comments, his ow…

The applicant for parole shall have the right to personally appear before the board to state his case. History: Rule 6-75, eff 14 Jul75, § 408.

(a) The grant of parole rests in the discretion of the board. In general it is granted when, in the judgment of the board, a prisoner who has made a satisfactory adjustment and is otherwise eligible will avoid further violation of law and when the factors which will affect him an…

Any decision to parole or refuse parole shall be in writing with reasons for the decision stated therein. The applicant shall be notified and a copy of the decision delivered to him. History: Rule 6-75, eff 14 Jul 75, § 410.

(a) Where initial application for parole has been denied, a prisoner’s case may be subse- quently reviewed by the board. A request for a review will be granted when the chairman deter- mines that such review is justified on the basis of receipt of sufficiently significant informa…

Upon determination that parole is to be granted, the board shall prepare a release plan for the particular individual, which shall include the manner and conditions of supervision on parole. The plan shall be prepared by the board after the hearing and with consultation of the pa…

The following elements shall be considered in any release plan, but this enumeration shall not be exclusive to other elements the board deems appropriate: (a) Date of release ; (b) Any travel restrictions imposed upon parolee; (c) Dates the parolee is to report to the parole offi…

Upon approval of the release plan, the board shall issue a certificate of release, which shall state therein the release date, the conditions of parole and other relevant aspect of the release plan, and such instructions to the prisoner as the board considers appropriate. The cer…

When an effective release date has been set by the board, release on that date shall be conditioned upon continued good conduct by the prisoner. The board may, on its own motion, reconsider any case prior to release and may reopen and advance, postpone, or deny a parole which has…

If any time during the period of the parole it appears to the board, from the reports of the parole officer or from other sources, that the certificate of release should be modified, the board may consider such modification upon consultation with the parole officer and make such …

There shall be at least 1 parole officer on the staff of the department of legal affairs, who shall be appointed with the approval of the board and be supervised by the attorney general. History: Rule 6-75, eff 14 Jul 75, § 417.

(a) Supervision of all prisoners under parole is invested in the parole officer. The parole officer shall make monthly reports to the attorney general, pertaining to the conduct of each parolee based upon the parole officer’s meetings with the parolee and information gathered fro…

All grants of parole are predicated on the applicant’s good faith and frankness. If, after release on parole, evidence comes to the attention of the board that the parolee has withheld or wilfully concealed material information, the board may act to revoke the parole granted ac- …

If a parolee violates any conditions under which he was released, he may be reincarcerated at the territorial correctional facility upon authority of a warrant issued by a member of the parole board. History: Rule 6-75, eff 14 Jul 75, § 420.

(a) When satisfactory information of a violation of parole is presented to any member of the parole board such member may sign a war- rant for retaking of the parole, provided the maximum time of parole has not expired. (b) Any police officer or the parole officer may serve the w…

(a) Within 48 hours of a retaking, the parole officer shall conduct a preliminary interview to ascertain if the parolee denies or admits the alleged parole violation. (b) The parolee shall be advised at the beginning of the interview that he may be represented by an attorney or o…

Within a reasonable time after the parolee is taken into custody and after receipt of the parole officer’s summary or digest of the preliminary interview, parole board shall hold a hearing to determine if parole should be revoked. The requirements of the hearing shall be: (a) The…

If the sole. parole violation alleged is the conviction of a crime, the scope of the hearing shall be limited to whether the conviction amounts to a violation of parole. History: Rule 6-75, eff 14 Jul 75, § 424.

In the instances where a parolee admits the parole violation charge filed against him, there shall be no need for an evidentiary hearing. The board shall meet solely to decide what action to take on the violation. History: Rule 6-75, eff 14 Jul 75, § 425.

On the basis of the matters presented at the hearing, the board may reinstate parole, revoke, and terminate the order of parole, or modify the terms and conditions thereof. Under such circumstances, the prisoner may be required to serve all or any part of the remainder of the ter…

The unexpired term of imprisonment of any such prisoner shall begin to run from the date he is returned to physical custody of the attorney general under the warrant for retaking of the parolee, and the time the prisoner was on parole shall not diminish the time he was sentenced …

The Governor has the sole power to remit fines and forfeitures, commute sentences, and grant reprieves and pardons after conviction for offenses against the laws of American Samoa in accordance with Section 9 of Article IV of the Constitution of American Samoa, 1967, as amended. …

(a) All applications for remittance, commutation, reprieve or pardon must be directed to the Governor. If the board receives an application therefor from a petitioner directly, it shall be returned to him with written instructions to file the same directly with the Governor. A co…

If the board, is directed to consider an application for remittance, commutation, reprieve, or pardon, it may’ direct the parole officer to conduct further investigation and prepare a background report. The board may also hold a hearing and allow the applicant to appear personall…

As used in this chapter: (a) “Employees of the government” includes officers and employees of any government agency, and persons acting in behalf of a government agency in an official capacity, temporarily, whether with or without compensation. (b) “Government agency” includes th…

These rules shall apply only to claims asserted under the Government Tort Liability Act of American Samoa, 43.1201 A.S.C.A., et seq., accruing on or after January 1, 1986, for money damages against the American Samoa Government for injury to or loss of property, or personal injur…

(a) For purposes of the provisions of 43.1205 A.S.C.A., a claim shall be deemed to have been presented when the Attorney General receives from a claimant, his or her duly authorized agent, or legal representative, a written notification of an incident, accompanied by a claim for …

(a) A claim for injury to or loss of property may be presented by the owner of the property, his duly authorized agent or legal representative. (b) A claim for personal injury may be presented by the injured person, his duly authorized agent, or legal representative. (c) A claim …

All claims are required to present in writing the circumstances of the incident(s), including, but not limited to, date, time, place, names and addresses of parties involved, names and addresses of witnesses, and a statement of the alleged negligent or wrongful act or omission of…

The Attorney General may request any department or agency of the American Samoa Government to investigate a claim filed under 43.1205 A.S.C.A., or to conduct a physical examination of a claimant and provide a report of the investigation or physical examination. History: Rule 4-85…

(a) Final denial of an administrative claim shall be in writing and sent to the claimant; his/her attorney, or legal representatives by certified or registered mail. The notification of final denial may include a statement that, if the claimant is dissatisfied with the agency act…