Title 31 — Professions

(a) There is established the Contractors’ License Board of American Samoa, consisting of a chairman and 4 members, each to be nominated by the Governor and confirmed by concurrent resolution of the Senate and the House of Representatives. (b) The chairman and members shall serve …

The Board has power, subject to the provisions of this chapter, to: (1) promulgate any regulations necessary for the maintenance of professional competence and ethical standards among contractors; (2) prescribe by regulation the qualifications, requirements and limitations for th…

There is established the position of Contractors’ License Administrator. The Administrator shall be a staff member of the Department of Public Works and designated by the Governor. History: 1969, PL 11-38.

The Administrator has power, subject to the provisions of this chapter, to: (1) investigate the qualifications and business operations of applicants for licenses under this chapter or of any licensee, and use any examination designed to test the qualifications and com-petence of …

No person, firm, copartnership, corporation, association, or combination thereof may engage in the business or act in the capacity of a contractor without having a contractor’s license issued by the Board or the Administrator. Any person who violates this section shall be fined n…

There shall be the following 3 classifications of contractors’ licenses: (1) general engineering contractor’s license; (2) general building contractor’s license; (3) specialty contractor’s license. History: 1969, PL 11-38.

A general engineering contractor’s license shall authorize the licensee to engage principally in the contracting business in connection with fixed works for irrigation, drainage, water power, water supply, flood control, inland waterways, harbors, railroads, highways, tunnels, ai…

A general building contractor’s license shall authorize the licensee to engage principally in the building or superintendence of the building of any structure for support, shelter, and enclosure of persons, animals, chattels, or movable property of any kind. A licensee shall be c…

A specialty contractor’s license may be issued authorizing the licensee to engage in contracting for one or more unrelated and generally recognized building trades for which he is competent, each of which shall be specified in the license. A specialty contractor’s license may als…

(a) Applications for new licenses must be filed with the Administrator, who shall investigate the qualifications of the applicant. (b) The applicant is required to show sufficient experience, financial responsibility, and a general knowledge of the building, safety, and health la…

An applicant or licensee is entitled to the license or renewal applied for if the applicant or licensee substantially complies with the relevant qualifications and requirements in this chapter and any regulations promulgated under this chapter, and if the applicant or licensee ha…

(a) A license may be refused, revoked, suspended, modified, or limited for any 1 or combination of the following grounds: (1) abandonment of any contract without legal excuse; (2) diversion of funds or property received under agreement for the prosecution or completion of a speci…

(a) All licenses issued under this chapter expire on 31 December of each year. (b) When an application for renewal has been filed with the Administrator, he shall, within 30 days thereafter, either renew the license, with or without modification, or refuse to renew the license. (…

Any applicant or licensee whose license is refused, revoked, suspended, modified, or limited by the Administrator, or who is otherwise adversely affected by any action by the Administrator, is entitled to a written copy of the Administrator’s decision setting forth the facts and …

(a) Any applicant or licensee adversely affected by an action by the Administrator is entitled to a hearing before the Board if he files a written request for a hearing within 10 days after receiving a copy of the Administrator’s decision. (b) A request for a hearing must state w…

(a) Any applicant or licensee whose license is modified, limited, refused, suspended, or revoked by the Board, or who is otherwise adversely affected by any action by the Board, is entitled to a written copy of the Board’s decision setting forth the facts and reasons on which the…

(a) Any applicant or licensee aggrieved by a decision of the Board may petition the appellate division of the High Court of American Samoa to review the decision. A copy of the petition must be served on the Board. (b) Within 30 days after service of the petition, the Board must …

(a) The Attorney General serves as legal counsel to the Administrator. In such capacity he may not counsel or advise the Board or any member of the Board. (b) After the Board has reached a decision in a case, the Attorney General shall serve as counsel to the Board in any judicia…

(a) The Administrator, the members of the Board, and employees and agents of the Adminis-trator or the Board, acting in good faith and without malice in the discharge of their duties under this chapter, may not be personally liable, and are relieved of all personal liability, for…

This chapter does not apply to: (1) authorized representatives of the Government of the United States or the Government of American Samoa, or of any political subdivision or political or municipal corporation of either government; (2) officers of a court acting in their official …

(a) The Board of Registration for Professional Surveyors is created. The Board membership shall consist of the Director of Public Works who shall serve as chairman, and 4 members appointed by the Governor with the approval of the Senate. (b) The term of the appointed members shal…

The Board shall: (1) qualify all persons who shall practice the profession of land surveying; (2) receive applications for certificates of registration and issue such certificates to those who meet its qualifications; (3) maintain a list of certified professional surveyors: (4) u…

The Board shall, from time to time, prescribe and publish such regulations as may be necessary to carry out its functions and responsibilities in accordance with this chapter. History: 1963, PL 8-12.

The following schedule of fees is established: (1) with an application for a certificate of registration, $2; (2) for issuance of a certificate of registration, $25; (3) for a duplicate of a certificate of registration, $10; (4) for annual renewal of certificate of registration, …

All fees collected pursuant to this chapter shall be deposited in a special fund which shall be available for the payment of any expenses incurred in the administration of this chapter. Any sums in excess of those necessary to pay such expenses shall be dispensed as otherwise pro…

Persons may not practice the profession of land surveying unless those persons are certified by the Board in accordance with the provisions of this chapter. History: 1977, PL 15-51 § 1.

A violation of provisions of this chapter, or rules adopted under it by the Board is a class A misdemeanor. History: 1977, PL 15-51 § 2; amd 1980, PL I6-90 § 89. Amendments: 1980 Amended so conform with penalties provided for in Title 46, Criminal Justice.

When used in this chapter: (a) “Board” means the Board of Tradesmen Examiners of American Samoa. (b) “Person” includes any person, firm, copartnership, corporation, association, or other organization or any combination thereof. History: 1971, PL 12-21 § 2.

(a) There is established the Board of Tradesmen Examiners of American Samoa, consisting of a chairman and 4 members, each to be appointed by the Governor of American Samoa for a 2-year term. Members must be chosen from both the public and private sectors of the community. (b) All…

(a) The Board must meet at least 4 times each calendar year in permanent office space pro-vided by the government for the purpose of transacting business, and such required meetings must be held during the months of January, April, July, and October. A full-time office secretary …

The Board shall have power, subject to the provisions of this chapter, to: (1) promulgate all rules necessary for the maintenance of professional competence and ethical standards among tradesmen; (2) prescribe by rule, qualifications, requirements and limitations for tradesmen as…

(a) This chapter shall pertain to all individuals desiring to obtain certificates as carpenters, plumbers, painters, electricians, masons, millwrights, welders, tinsmiths, tile setters, cabinetmakers, radio/tv repairmen, refrigeration air conditioning repairmen, draftsmen, auto m…

All certificates issued pursuant to this chapter must bear the date of issue, expire on 31 December next following the date of issue, and may be renewed from year to year. History: 1971, PL, 12-21 § 7.

The Board shall set reasonable fees for applications, examinations, certificates, duplicate certificates and renewals, in amounts not to exceed the cost of preparing, administering, and issuing the documents. History: 1971,PL 12-21 § 8.

A certificate provided for in this chapter may be refused, revoked, suspended, modified, or limited for any one or combination of the following grounds: (1) conviction of a crime in connection with the trade practiced by tradesmen licensed under this chapter; the record of convic…

All procedures and proceedings of the Board, and judicial review thereof, must be in accord-ance with the provisions of the Administrative Procedures Act set forth in 4.1001 et seq. History: 1971, PL 12-21 § 10.

It is unlawful for any person to practice as a tradesman in American Samoa without a certifi-cate, or to advertise or put out any sign, card, or other device which indicates to the public that he is a certified tradesman or that he is qualified to engage in the practice of the tr…

It is unlawful for any person to willfully and knowingly employ another person as a tradesman unless the other person is certified as a tradesman under the provisions of this chapter. History: 1971, PL 12-21 § 12.

(a) Any person who is convicted of any violation of this chapter, or any rule duly promul-gated under this chapter, is guilty of a class C misdemeanor. (b) Each day of violation of this chapter shall constitute a separate offense. History: 1971, PL 12-21 § 12; amd l980, PL 16-90 …

No person may practice medicine or dentistry, or give treatment for the prevention of disease, unless that person is licensed in accordance with the provisions of this chapter. History: 1972, PL 12-61.

(a) There is created a Health Services Regulatory Board, referred to in this chapter as the Board. (b) The purpose of the Board shall be to regulate health services in American Samoa. (c) Health services include any practice of medicine, dentistry, or nursing, including treating …

(a) The Board is composed of the Director of Health, who shall act as chairman, and, in addi-tion, the Governor shall appoint to the Board 1 physician, the public health officer, the Director of Nursing Services, a medical officer, a dentist, a licensed practical nurse, and a rep…

The Board may carry out its functions through the use of committees, which shall specialize in particular areas of health services, such as nursing, medicine and pharmacy; provided, that those powers and duties exclusively reserved for exercise by the Board may be exercised only …

(a) The exclusive powers and duties of the Board are to: (1) require committees to establish licensing regulations necessary for the maintenance of professional competence and ethical standards among persons involved in the particular area of health services in which the committe…

All proceedings respecting the promulgation of rules and the refusal, suspension, revocation, or modification of a license issued by the Board, and judicial review thereof, must be in accor-dance with the provisions of the Administrative Procedures Act set forth in 4.1001 et seq.…

The Board shall maintain a record of all licenses issued which shall include the date of issuance, date of any revocation, suspension, or modification and the reason therefor. History: 1972, PL 12-61.

All licenses issued by the Board shall be of unlimited duration unless otherwise limited, revoked, or suspended by the Board pursuant to this chapter or the regulations of the Board. History: 1972, PL 12-61.

A license may be refused, revoked, suspended, modified, or limited for any 1 or combination of the following grounds: (1) conviction of felony or misdemeanor involving moral turpitude; a copy of the record of conviction, certified to by the clerk of the court entering the convict…

Violation of any provision of this chapter or duly promulgated rules and regulations of the health services regulatory Board relating thereto is a class A misdemeanor. History: 1972, PL 12-61, amd 1980, PL 16-90 § 86. Amendments: 1980 Amended to conform with penalties provided fo…

In any prosecution under 31.1010, or any decision made by the Board relative to licensing, it shall be sufficient to sustain such conviction or decision to show a single violative act of con-duct, and it shall not be necessary to show a general course of such conduct. History: 19…