Title 4 — Executive

(a) The Administrative Law Judge and judges pro tempore shall have the power to preserve and enforce order during any proceedings, issue subpoenas, administer oaths, compel the attendance of witnesses and the production of books, papers, documents and other evidence, compel the t…

The Office of Administrative Law Judge shall have jurisdiction to conduct hearings and issue decisions, with regards to the following matters: (a) claims for workmen’s compensation in accordance with the procedures set forth in sections 32.0635 to and including 32.0646. All other…

The Office of Administrative Law Judge shall be a court of record and shall keep and maintain complete records of its proceedings and shall transmit the record to the High Court of American Samoa upon the filing of an appeal of said matter to the High Court. History: 1998 PL 25-3…

(a) The Administrative Law Judge shall fix all fees for services, filing fees and other costs assessed by the Office of Administrative Law Judge in connection with services rendered and not otherwise provided for in this code, provided, however, that such fees shall be set in an …

(a) Proceedings before the Administrative Law Judge shall be in the form of a hearing on the evidence and issues presented to the agency notwithstanding the nature of the controversy or dispute, supplemented by any additional evidence allowed under section 4.0608. It shall be the…

(a) The Administrative Law Judge may permit new evidence in addition to that taken by the agency only if it relates to the validity of the agency action at the time it was taken and is needed to decide issues regarding: (1) improper constitution as a decision making body or groun…

The Office of the Administrative Law Judge shall be included in the Governor’s annual budget submission to the Legislature. History: 1998, PL 25-37; 2004, PL 28-17.

There is established within the Executive branch of the government a Department of Human Resources. History: 1998, PL 25-40.

The head of the department is a Director who shall be responsible for the development and management of the human resources of the government. He shall be thoroughly familiar with the principles and practices of public personnel administration on a merit basis. History: 1998, PL …

(a) There is established in the employee development and training division of the Department of Human Resources a school-to-work program for the Territory. The school-to-work program is charged with the responsibility of developing and implementing a transition program for public…

(a) A program manager shall be recruited and hired pursuant to government procedure to manage the school-to-work program for the Territory. It is the primary duty of the program manager to facilitate the implementation and operation of the school-to-work program pursuant to polic…

There is created the American Samoa school-to-work partnership council. The council shall formulate policies to guide the development of the territorial school-to-work implementation plans and to monitor activities of the school-to-work program. Issues of considerable consequence…

(a) The school-to-work partnership council consists of thirteen members who are appointed by the Governor to serve terms of three years each. To maintain perspective of the council’s mission, selection to the council membership should include individuals familiar with education t…

(1) Education reform. The school-to-work program shall assist the department of education to carry out periodic assessments of the status of our education system, reviewing the core academic and vocational curriculum across grades K-14 but especially at high schools and community…

(a) Preliminary investigation with respect to certain covered persons. The Attorney General shall conduct a preliminary investigation in accordance with section 4.0802 whenever the Attorney General receives information sufficient to constitute grounds to investigate whether any p…

(a) Conduct of Preliminary Investigation. (1) In general. A preliminary investigation conducted under this chapter shall be of such matters as the Attorney General considers appropriate in order to make a determination, under subsection (b) or section 4.0807, on whether further i…

(a) Reference to division of the court. The division of the court to which this chapter refers is the division established under section 4.0809 of this chapter. (b) Appointment and jurisdiction of Independent Prosecutor. (1) Authority. Upon receipt of an application under section…

(a) Authorities. Notwithstanding any other provision of law, an independent prosecutor appointed under this chapter shall have, with respect to all matters in such independent prosecutor’s prosecutorial jurisdiction established under this chapter, full power and independent autho…

(a) Oversight of Conduct of Independent Prosecutor. (1) Legislative oversight. The appropriate committees of the Legislature shall have oversight jurisdiction with respect to the official conduct of any independent prosecutor appointed under this chapter, and such independent pro…

(a) Removal, report on removal. (1) Grounds for removal. An independent prosecutor appointed under this chapter may be removed from office only by the personal action of the Attorney General and only for good cause, physical or mental disability (if not prohibited by law protecti…

(a) Suspension of other investigations and proceedings. Whenever a matter is in the prosecutorial jurisdiction of an independent prosecutor or has been accepted by an independent prosecutor under section 4.0804(e), the Attorney General, and all other officers and employees of the…

If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the remainder of this chapter and the application of such provision to other persons not similarly situated or to other circumstances shall not be affected by such invalidat…

(a) Appointing division. Beginning with the two-year period commencing on the effective date of this section, three justices, associate judges or district court judges shall be assigned for each successive two-year period to a division of the High Court of American Samoa to be th…

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…