Title 4 — Executive

As used in this chapter: (a) “Agency” means each board, commission, department or officer of the government, other than the legislature or the courts, authorized by law to make rules or to determine contested cases. (b) “Contested case” means a proceeding including but not limite…

Each agency of the government shall: (1) adopt rules of practice setting forth the nature and requirements of all formal and informal procedures available, including a description of all forms and instructions used by the agency; (2) adopt rules stating the general course and met…

The Secretary of American Samoa shall compile, index, and publish all effective rules adopted by each agency. Revised or supplemented compilations shall be published at least once every 2 years. Compilations shall be made available upon request to agencies and officials of the go…

Prior to the adoption, amendment, or repeal of any rule, the agency shall give at least 20 days notice of its intended action. The notice shall include a statement of either the terms or substance of the intended action or a description of the subjects and issues involved, and th…

Prior to the adoption, amendment, or repeal of any rule, the agency shall afford all interested persons reasonable opportunity to submit data, views, and arguments, orally or in writing. In case of substantive rules, opportunity for oral hearings shall be granted if requested by …

Each agency shall afford any interested person the opportunity to petition for the issuance, amendment, or repeal of a rule. History: 1969, PL 11-55.

A contest of any rule on the ground of noncompliance with the procedural requirements of 4.1002 and 4.1004 through 4.1010 and 4.1020 must be commenced within 2 years from the effective date of the rule. History: 1969, PL 11-55.

Each agency shall file with the Secretary of American Samoa, the clerk of the House of. Representatives, and the secretary of the Senate a certified copy of each rule adopted by it, and of all rules in effect on the effective date of this chapter. History: 1969, PL 11-55; 1972, P…

(a) No rule adopted after the effective date of this chapter is valid unless adopted in sub-stantial compliance with 4.1002 and 4.1004 through 4.1010, and 4.1020. (b) No agency rule, order or decision is valid or effective against any person or party, nor may it be invoked by the…

(a) 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, pursuant to subparagraph (2) of 4.…

The Governor shall cause to be prepared and maintained an administrative manual, which sets forth the duties, responsibilities, objectives, purposes and internal operations of each of the executive departments, boards, commissions, and agencies and instrumentalities. It shall als…

(a) Each agency shall make available for public inspection all rules and all written state-ments of policy or interpretations formulated, adopted, or used by the agency in the discharge of its functions, and all final orders, decisions, and opinions. (b) The Secretary of American…

(a) In a contested case, all parties shall be afforded an opportunity for hearing after rea-sonable notice. (b) The notice shall include a statement of the time, place and nature of the hearing and a short and plain statement of the matters asserted. History: 1969, PL 11-55.

All parties shall be afforded the opportunity to respond and present evidence and argument on all issues involved, and to conduct such cross-examination as is necessary for a full and true disclosure of the facts. History: 1969, PL 11-55.

Strict rules of evidence need not be followed, but the receipt of evidence shall be guided by the rules of evidence applicable in the trial division of the High Court of American Samoa. History: 1969, PL 11-55.

Agencies shall give effect to the rules of privilege recognized by law. History: 1969, PL 11-55.

Official notice may be taken of judicially cognizable facts. History: 1969, PL 11-55.

(a) A final decision or order adverse to a party in a contested case shall be in writing and stated in the record. (b) A final decision shall include findings of fact and conclusions of law. (c) If findings of fact are set forth in statutory language, they shall be accompanied by…

All parties shall be notified, either personally or by mail, of any decision or order and shall, upon request, be furnished with a copy of the same. History: 1969, PL 11-55.

In a contested case, the record shall include: (1) all pleadings, motions, proposed findings, exceptions, objections, briefs, and memoranda filed by the parties; (2) a summary of the evidence received or considered and of matters officially noticed at any stage of the proceedings…

(a) Unless required for the disposition of ex parte matters authorized by law, members or employees of an agency, who are assigned to render a decision or to make findings of fact or conclusions of law in a contested case, may not communicate, directly or indirectly, with any per…

No officer, employee, or agent engaged in the performance of any investigative or prosecuting function for an agency in a contested case may, in that or any factually related case, participate or advise in any final or recommended agency decision, except as witness or counsel in …

When a licensee has made timely application for the renewal of a license, the existing license shall not expire until the application has been finally determined by the agency, or, in case the application is denied or the terms of the new license limited, until the last day for s…

No revocation, suspension, annulment, or withdrawal of any license shall be lawful unless the agency gave the licensee reasonable notice of facts or conduct which warrant the intended action and an opportunity to show compliance with all lawful requirements for the retention of t…

If an agency finds that the public health safety, or welfare requires emergency action, and incorporates such a finding in its order, the agency may order a summary suspension of a license for a period not to exceed 120 days, pending revocation proceedings or other action. Histor…

(a) A person who has exhausted all administrative remedies available within an agency and who is aggrieved by a final decision in a contested case shall be entitled to judicial review under this section and 4.1041 through 4.1044. (b) This section does not limit the utilization of…

(a) Proceedings for review may be instituted by filing a petition in the appellate division of the High Court of American Samoa within 30 days after the issuance of the decision to be reviewed, or if rehearing or reconsideration is requested, within 30 days after the decision the…

Within 30 days after service of the petition, or within further time allowed by the court, the agency shall transmit to the court the original or a certified copy of the record of the proceeding under review. History: 1969, PL 11-55.

(a) The review shall be confined to the record. Upon request by any party, the court shall receive briefs and hear oral argument. On motion of any party, the court may, in its discretion, receive any evidence necessary to supplement the record. (b) The court may not substitute it…

The court may reverse or modify the decision of the agency, or remand the case for further proceedings, if substantial rights of the petitioner have been prejudiced because the decision of the agency is; (1) in violation of applicable constitutional or statutory provisions; (2) i…