A government tort administrative claim filed with the ASG Attorney General pursuant to A.S.C.A. § 43.1205 is deemed effectively denied if three months elapse after the filing of the claim with no reply by the Attorney General. Bradcock v. A.S.G., 1 A.S.R.3d 42 (1997).
When a plaintiff files a tort claim with the Attorney General at any time within the two-year period provided by § 43.1204, the running of the two-year period is stayed and the statute is tolled for such time as the Attorney General takes to act upon the claim or until such time as the claim is denied by default. Bradcock v. A.S.G., 1 A.S.R.3d 42 (1997).
Where prior resort to a mandatory administrative procedure is a prerequisite to filing a claim in court, the running of the limitations period will be tolled during the administrative proceeding. Bradcock v. A.S.G., 1 A.S.R.3d 42 (1997).
In most declaratory relief actions, exhaustion of
administrative remedies is a prerequisite to judicial review. Tauia v. A.S.G., 1 A.S.R.3d 64 (1997).
Dismissal of government employment action without prejudice proper where dispute had not undergone three-part administrative procedure. Tauia v. A.S.G., 1 A.S.R.3d 64 (1997).
Under
three-part administrative procedure, government employee submits written
grievance to supervisor, Director of Manpower Resources conducts an informal
hearing and issues a “final decision,” after which employee may appeal to
Personnel Advisory Board. Tauia v. A.S.G., 1 A.S.R.3d 64 (1997).
As long as the claimant has notice and an opportunity to be heard, the claimant has been afforded adequate procedural due process. Faumuina v. A.S.G. Employees Retirement Fund, 1 A.S.R.3d 112 (1997).
Where employee was not given advance notice of the charges against him such that he could gather evidence and solicit witness testimony to present defense, such procedure did not substantially comport with the requirements of procedural due process. Faumuina v. A.S.G. Employees Retirement Fund, 1 A.S.R.3d 112 (1997).
Constitutional statutory authority is always
paramount to administrative rule authority. Vaella’a v. Sunia, 1 A.S.R.3d
134 (1997).
Administrative rules must not only be consistent with the statute under which they are promulgated, but also within the scope of the legislative delegation. Lauvao v. A.S.G., 1 A.S.R.3d 224 (1997).
The administrative rules contained in Title 10, Chapter 2 of the American Samoa Administrative Code were promulgated by the Chief Procurement Officer pursuant to statutory authority so as to advance a particular government purpose: to maximize integrity in the procurement of construction, goods, and services. See A.S.C.A. § 12.0214; A.S.C.A. § 10.0202. A.S.C.A. § 10.0292(h)(2)(B) does not regulate government employee ethics outside the context of procurement. Lauvao v. A.S.G., 1 A.S.R.3d 224 (1997).