American Samoa Administrative Code

(a)Except as provided in Section 3.0126, all opinions shall be adopted at a called meeting by a majority vote of all the members of the commission. (b) The opinions may be issued over the signature of any commissioner, or chairman, as authorized by the commission. (c) A copy of t…

(a) A later formal opinion overrules earlier formal opinions or informal opinions with which it is necessarily in conflict.A later informal opinion overrules earlier formal opinions with which it is necessarily in conflict but does not overrule an earlier formal opinion. (b) An a…

The rule covers the general procedure for filing organizational reports to meet the requirements of 17 ASC 1605-06. History: Rule 1-85, eff 2 May 85, § 4.1.

(a) Who Must File. Each candidate, authorized person in the case of a party, or campaign treasurer who is authorized to sign the organizational report in the case of’ a committee shall register with the commission in accordance with 6.1605 ASCA by filing an organizational report …

(a) Any change in information previously submitted in an organizational report shall be reported to the commission within 10 days following the date of the change and shall be signed and sworn to in the same manner as the original filing. (b) If the change to be reported is minor…

Any candidate who ceases to be a candidate after filing 1 or more organizational report forms with the commission or any committee or party which discontinues or determines that it will no longer receive contributions or make expenditures reportable to the commission shall so not…

Upon receipt of an organizational report, the commission shall acknowledge receipt thereof and notify the candidate, committee, or party filing the report of the number assigned. The identification number shall be assigned after the last day for the filing of nomination papers an…

(a) An organization or association established and operated exclusively for the purpose of influencing the outcome of ballot issues or the nomination and election of individuals to public office is required to file an organizational report. An organization or association establis…

This rule covers the general procedure relating to records to be maintained and reports to be supplied to meet the requirements of 6.1718-6.1719 ASCA. History: Rule 1-85, eff 2 May 85, § 5.1.

(a) Who Must File. Each candidate who expends his own funds, authorized person in the case of a party, or campaign treasurer in the case of a committee shall file a preliminary report. (b) Form; Filing; Time; Copies. The report shall be filed on a form furnished by the commission…

(a) It is the responsibility of each candidate to maintain accurate and complete current records of contributions and expenditures by him or on his behalf. The manner of maintaining such records is the choice of each candidate, but records should be maintained in sufficient detai…

(a) Who Must File. Any person who has filed a preliminary report shall file a final report. (b) Time. The final report for a candidate, question, or issue on the general, special, or run-off election ballot shall be filed on or before the 20th calendar day after the general elect…

(a) Unless the commission is requested to terminate a registration, as provided in Rule 4 relating to organizational reports, a candidate is required to file supplemental reports. For the purpose of this subsection, the term “candidate” includes an elected official. (b) Filing Da…

This rule covers the general procedure relating to complaints, investigations, and hearings with respect to alleged violations of the election campaign contributions and expenditures law as reflected in 6. 1701 – 6.1724 ASCA and in the rules administered by the commission. Histor…

(a) Any person who believes a violation of the law administered by the commission has occurred may file a complaint in person or by mail with the commission. Complaints may be initiated by the commission under the signature of a commissioner. Information concerning the filing or …

Any complainant may amend the complaint at the discretion of the commission at any time prior to the issuance of the final order based thereon. History: Rule 1-85, eff 2 May 85, § 6.3.

The complainant may withdraw the complainant any time with the permission of the commission. History: Rule 1-85, eff 2 May 85, § 6.4.

(a) The commission may order the staff investigative attorney or any other person to conduct an investigation on the allegations of a complaint. The investigator shall have all of the authority to conduct discovery proceedings as permitted in criminal cases. (b) The investigator …

(a) Time; Place; Date. The hearing shall be held at the time and place specified in the notice of hearing, but may be continued from day to day and adjourned to a later date or to a different place by the commission. (b) Confidentiality. Unless the respondent requests an open ses…

(a) If, at the conclusion of proceedings, the commission determines by majority vote of all the members that probable cause of a violation does not exist, then the complaint shall be denied, and the entire records of the proceedings shall be kept confidential at the option of the…

(a) Any person who has filed a defective or deficient report shall correct or satisfactorily explain the same within such time as the commission may specify by written notice. (b) The commission may issue and serve with the notice of correction, a written notice of hearing in acc…

This rule governs the general procedure for filing a report with the commission covering the amounts and manner of disposition of funds to meet the requirements of 6.1720 ASCA. History: Rule 1-85, eff 2 May 85, § 7.1.

(a) Who Must File. Any candidate who ceases to be a candidate .for any reason after filing 1 or more organizational reports, and any committee or party that discontinues or determines that it will no longer receive contributions or make expenditures reportable to the commission s…

(a) Persons other than elected officials or candidates who failed to be nominated or elected who wish to dispose of their residual funds must make a proportionate distribution of the residual amount to all donors. Failure to make proportionate distribution to donors shall be prim…

This rule governs the procedure to be used to adopt, amend or repeal commission rules. History: Rule 1-85, eff 2 May 85, § 8.1.

When upon its own motion the commission proposes to adopt, amend or repeal a rule, a notice of proposed rulemaking will be published as required by law, under 4.1001 ASCA et. seq. the Administrative Procedure Act. History: Rule 1-85, eff 2 May 85, § 8.2.

(a) Public Hearing. A public hearing shall be held for all proposed issuance, amendment, or repeal of rules initiated by the commission. (b) Presiding Officer. Each such hearing shall be conducted by the chairman or his designee. The hearing shall be conducted in a way as to affo…

At the close of the final public hearing, the presiding officer shall announce the decision of the commission or announce the date when it intends to make a decision. History: Rule 1-85, eff 2 May 85, § 8.4.

The commission may adopt emergency rules as provided by law. History: Rule 1-85, eff 2 May 85, § 8.5.

(a) Who May File. Any interested person or organization may petition the commission for the adoption, amendment, or repeal of any rule of the commission. (b) Form and Content of Petition. The petition need not be in any special form but it shall contain the following: (1) The nam…

This chapter provides the procedures for registration, both in person and in absentia. Pursuant to ASCA §6.0214(a), any person who desires to vote in local elections for the office of Representative to the House of Representatives (Fono), or for the offices of Governor/Lt. Govern…

In this chapter, the following terms have the meanings indicated: (a) “Uniformed services voters” includes a member of a uniformed service of the U.S. on active duty, or a merchant marine, who is otherwise qualified to vote in American Samoa, and who, by reason of such active dut…

(a) Individuals who are physically present in American Samoa, and who desire to register to vote, must appear in person before an election officer. (b) An application in the form of an affidavit, containing the following information, must be completed: (1) name; (2) Social Securi…

(a) Uniformed services voters and overseas voters may register to vote for the office of Delegate to the U.S. House of Representatives without having to appear before an election officer in American Samoa. (b) An application to register must be in writing. The application must co…

(a) Any previously qualified voter whose name has been removed from the Official Roll of registered voters may apply to have his name restored in the Official roll. (b) When a previously qualified voter appears in person before an election officer to re-register, he must complete…

All applications to register or re-register must be made or postmarked not less than thirty (30) days before an election. History: Rule 1-2004, eff. June 16 04.

Candidates for the offices of Governor and Lieutenant Governor of American Samoa, Delegate to the House of Representatives of the Congress of the United States, and representatives to the House of Representatives of the Legislature of American Samoa, shall pay the following non-r…

Absentee ballots secured in the absentee ballot container pursuant to A.S.C.A. §6.1106, shall be counted pursuant to A.S.C.A. §6.1108, as amended. History: Rule 1-2004, eff. June 16 04.

This title applies to all career service positions and employees. The territorial personnel system is composed of career service positions and excepted positions. History: Rule 10-81, eff 29 Jul 81, § 1.1.

The director is responsible to the Governor for exercising leadership in and for the administration of all aspects of public personnel management covered in this title, in accordance with appropriate ASG and U.S. statutes and rules. The director shall develop and promulgate rules…

(a) Personnel administration is a line function in government, each agency head being responsible for carrying out the basic personnel development and management requirements of his own organization, regardless of size or number of employees. Included in this responsibility are: …

The director may make investigations as necessary to enforce Title 7 ASCA et seq. and other pertinent portions of law and the rules governing employment. This may include investigations into the qualifications and suitability of applicants for positions. History: Rule 10-81, eff …

Whenever the director finds that any person has been appointed to, or is holding or performing the duties of, a position in violation of any of the laws and rules administered by the director, the director is authorized, after giving due notice and opportunity for explanation, to…

There shall be no discrimination in employment against any person on the basis of race, religious beliefs, political beliefs, color, age, sex, national origin, marital status, or physical and mental handicap, except for bona fide occupational or legal requirements. History: Rule …

Words used in the masculine gender in this title, except for 7.13 include the feminine and neuter. History: Rule 10-81, eff 29 Jul 81, § 1.7.

The definitions set out in this chapter apply throughout this title, except 4.13, unless the context clearly indicates another meaning. History: Rule 10-81, eff 29 Jul 81, § 2.0 (part).

“Abandonment of position” means failure of an employee to report for duty or to return from leave for 5 or more consecutive work days. History: Rule 10-81, eff 29 Jul 81, § 2.0 (part).

“Accrued leave” means leave earned by an employee during the current calendar year that is unused at any given time during that calendar year. History: Rule 10-81, eff 29 Jul 81, § 2.0 (part).

“Accumulated leave” means unused leave remaining to the credit of an employee at the beginning of a new calendar year. History: Rule 10-81, eff 29 Jul 81, § 2.0 (part).

“Acting appointment” means a temporary appointment made to a supervisory or managerial position. History: Rule 10-81, eff 29 Jul 81, § 2.0 (part).