12 chapters · 131 sections in this title.
A.S.C.A. § 4.1042 Transmission of record
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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.S.C.A. § 4.1043 Review
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(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…
A.S.C.A. § 4.1044 Reversal or modification of decision
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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…
A.S.C.A. § 4.1101 Duties
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(a) The Territorial Registrar shall have the following duties: (1) He shall keep full and true records of all instruments authorized to be registered, recorded, or filed in his office, provided that the person offering any instrument for registration, recording or filing shall pa…
A.S.C.A. § 4.1102 Definitions
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“Instrument,” when used in this chapter, unless the context clearly indicates a different meaning, includes any grant, certificate of title, conveyance, transfer, assignment, mortgage, lease, power of attorney, will, exemplification of will, letters testamentary or of administrat…
A.S.C.A. § 4.1103 Oaths and acknowledgments
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The Territorial Registrar and his authorized deputies may give oaths and take acknowledgments. History: 1968, PL 10-53.
A.S.C.A. § 4.1104 Rejection of offered instruments
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The Territorial Registrar may reject any instrument appearing to be illegal or not entitled under the law to be registered, filed, or recorded. History: 1962, PL7-31; 1968, PL 10-8.
A.S.C.A. § 4.1105 Records to be public—Inspection
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All books of registry, the records contained in them and the indexes of their contents shall be public records and open to the inspection of the public at the registration office, in the presence of the territorial registrar or one of his assistants during office hours. History: …
A.S.C.A. § 4.1106 Appeal to High Court
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The Territorial Registrar or any person aggrieved by any official action of his may, at any time, apply to the High Court for direction or redress. History: 1962, PL 7-31.
A.S.C.A. § 4.1110 Duties
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The Registrar of Vital Statistics shall: (1) be the custodian of and accurately maintain registers of all marriages, divorces, births, deaths, and adoptions, and such other registers as the Governor or his authorized representative may from time to time designate; (2) upon reques…
A.S.C.A. § 4.1111 Records to be provided by clerk of High Court
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The Clerk of the High Court shall forward to the Registrar of Vital Statistics certified copies of all decrees of the court related to divorce, adoption, or any other matter which directly relates to vital statistics, for the use of the Registrar of Vital Statistics in the mainte…
A.S.C.A. § 4.1112 Oaths and acknowledgments
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The Registrar of Vital Statistics and his authorized deputies may give oaths and take acknowledgments. History: 1968, PL 10-53.
A.S.C.A. § 4.1201 Definitions
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As used in this chapter, unless the context otherwise requires, the following meanings apply: (1) “Agency” means a department, office, agency, board, commission, institution, instrumentality, or other organization, in the executive, legislative, or judicial branch of the governme…
A.S.C.A. § 4.1202 Office of Archives and Records Management—Position of archivist created
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There is established within the office of the Governor the position of the archivist of American Samoa, who exercises program responsibility for records management These program responsibilities include maintenance and disposition of records; identification of the government; vit…
A.S.C.A. § 4.1203 Archivist—Appointment
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The archivist possesses sufficient technical knowledge, skill, experience and other managerial qualifications required to carry out purposes of this chapter. The archivist functions under the program direction of the Governor. History: 1982, PL 17-32 § 4.
A.S.C.A. § 4.1204 Archives identified
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The archivist identifies the archives of the government, which will be transferred from any agency to the national archives and records service pending establishment of an archive of the government, and he is responsible for the management of all other materials transferred to hi…
A.S.C.A. § 4.1205 Archivist—Duties and responsibilities
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The archivist shall adopt rules under the Administrative Procedure Act, 4.1001 et seq., which: (1) establish standards, regulations, and procedures for: (A) the economical and efficient use and maintenance of records; (B) the identification and selection of records for transfer t…
A.S.C.A. § 4.1206 Heads of agencies—Responsibilities
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(a) The heads of agencies submit to the archivist for administration, disposition, and preservation the records in their custody not needed for the transaction of current business, in accordance with standards and policies established under paragraphs (1) and (2) of 4.1205 of thi…
A.S.C.A. § 4.1207 Governor to accept gifts
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The Governor may accept as archives any gifts, devises, bequests, or contributions of documents, materials or other items of historical or other value and offer them for transfer to the national archives and records service. History: 1982, PL 17-32 § 8.
A.S.C.A. § 4.1208 Penalty
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A person violating a provision of this chapter commits the crime of tampering with a public record under 46.4612 punishable as a class A misdemeanor. History: 1982, PL 17-32 § 9.
A.S.C.A. § 4.1301 Findings and purpose
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The Legislature finds that: (a) The Territory of American Samoa has a responsibility to provide services for its developmentally disabled citizens in order to aid them in living as complete and normal lives as possible. (b) Several departments of the Territory are responsible for…
A.S.C.A. § 4.1302 Definitions
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As used in this chapter unless the context requires otherwise: (a) “Active treatment” means provision of services as specified in an individualized service plan. These services may include, but are not limited to, activities, experiences, and therapy which are part of a professio…
A.S.C.A. § 4.1303 Territorial developmental disabilities planning council
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The territorial developmental disabilities planning council shall be placed in the Department of Human Resources for administrative purposes only and assigned the following responsibilities: (a) Planning. The territorial council shall: (1) develop, prepare, adopt, and periodicall…
A.S.C.A. § 4.1304 Membership on the territorial council
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The Territorial council shall be appointed by the Governor and shall be residents of the Territory. The council shall at all times include in its membership representatives of the principal territorial agencies (including the territorial agency that administers funds provided und…
A.S.C.A. § 4.1305 Community services for the developmentally disabled
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The department shall develop and administer a community service delivery system which may design, implement, administer, coordinate, monitor, and evaluate the programs and services administered by the department for persons with developmental disabilities. History: 1991, PL 22-17…
A.S.C.A. § 4.1306 Other systems within the developmental disability system
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The department may create other systems as required to implement the services necessary for persons with developmental disabilities. History: 1991, PL 22-17.
A.S.C.A. § 4.1307 Rights of persons with developmental disabilities
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(a) Persons with developmental disabilities shall have the following rights: (1) to receive the least restrictive, individually appropriate services, including a program of activities outside the residence in accordance with the person’s individualized service plan; (2) to reside…
A.S.C.A. § 4.1308 Authority of director to enter into agreements-Make dispositions of territorial resources
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The territorial council shall require appropriate standards of services to be met by its own services or contractual services including residential, day treatment, and related programs. These standards, including those for intermediate care facility services in facilities for the…
A.S.C.A. § 4.1401 Confidentiality of records
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The legislature finds that: (a) There is a large number of disabled individuals in American Samoa whose numerous and diverse needs and rights must be adequately addressed and protected. (b) It is the purpose of this act to: (1) Assure that persons with disabilities receive the ca…
A.S.C.A. § 4.1402 Individualized service plan-Case management
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Records filed with the office and the information contained in them shall be confidential, and shall be released only upon the client’s consent, and are for use in matters to resolve the client’s grievances. History: 1991, PL 22-9.
A.S.C.A. § 4.1403 Rules
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The program director in consultation with the advisory council and in accordance with all appropriate acts shall adopt rules of eligibility, standard of services, as specified by law and an impartial grievance procedure, so as to render the most timely and the best possible servi…