Title 43
Chapter 1
ADMINISTRATIVE CLAIMS UNDER THE GOVERNMENT TORT LIABILITY
ACT
(Adopted 1985)
TABLE OF CONTENTS
43.0101 Definitions.
43.0102 Scope of rules.
43.0103 Administrative claim – When presented.
43.0104 Administrative claim – Who may file.
43.0105 Administrative claim – Evidence and information to
be submitted.
43.0106 Investigation and examination.
43.0107 Final denial of claim.
43.0108 Action on approved claim.
As
used in this chapter:
(a) “Employees
of the government” includes officers and employees of any government agency,
and persons acting in behalf of a government agency in an official capacity,
temporarily, whether with or without compensation.
(b) “Government
agency” includes the executive departments, boards
arid commission of the government, but does not include any contractor with the
government.
History: Rule 4-85, eff 30 Dec 85.
These
rules shall apply only to claims asserted under the Government Tort Liability
Act of American Samoa, 43.1201 A.S.C.A., et seq., accruing on or after January
1, 1986, for money damages against the American Samoa Government for injury to
or loss of property, or personal injury or death caused by the alleged
negligent or wrongful act or omission of any employee or the government while
acting with the scope of his or her office or employment.
History: Rule 4-85, eff 30 Dec 85.
43.0103 Administrative claim – When presented.
(a) For
purposes of the provisions of 43.1205 A.S.C.A., a claim shall be deemed to have
been presented when the Attorney General receives from a claimant, his or her
duly authorized agent, or legal representative, a written notification of an
incident, accompanied by a claim for money damages in a sum certain for injury
to or loss of property, personal injury, or death alleged to have occurred by
reason of the incident.
(b) A
claim presented in compliance with subsection (a) of this section may be
amended by the claimant at any time prior to the final action of the Attorney
General or prior to the exercise of the claimant’s option under 43.1205 (a)
A.S.C.A. Amendments shall be submitted in writing and signed by the claimant or
his/her duly authorized agent or legal representative. Upon the timely filing
of an amendment to a pending claim, the Attorney General shall have three
months in which to make a formal disposition of the claim as amended and the
claimant’s option under 43.1205(a) A.S.C.A., shall not
accrue until three months after the filing of an amendment.
History: Rule 4-85, eff 30 Dec 85.
43.0104 Administrative claim – Who may file.
(a) A
claim for injury to or loss of property may be presented by the owner of the
property, his duly authorized agent or legal representative.
(b) A
claim for personal injury may be presented by the injured person, his duly
authorized agent, or legal representative.
(c) A
claim based on death may be presented by the executor or administrator of the decedent’s
estate, or by any other person legally entitled to
assert such a claim in accordance with applicable Territory law.
(d) A
claim for loss wholly compensated by insurer with the rights of a subrogee must be presented by the insurer. A claim for loss
partially compensated by an insurer with the rights of a subrogee
may be presented by the parties individually as their respective interests
appear or jointly.
(e) A
claim presented by an agent or legal representative shall be presented in the
name of the claimant, be signed by the agent or legal representative, show the
title or legal capacity of the person signing, and be accompanied by evidence
of his authority to present a claim on behalf of the claimant as agent, executor,
administrator, parent, guardian, or other representative.
History: Rule 4-85, eff 30 Dec 85.
43.0105 Administrative claim – Evidence and information to
be submitted.
All
claims are required to present in writing the circumstances of the incident(s),
including, but not limited to, date, time, place, names and addresses of
parties involved, names and addresses of witnesses, and a statement of the
alleged negligent or wrongful act or omission of the government employee while
acting within the scope of his or her office or employment. In addition to that
information, the following evidence and information shall be submitted when presented
pursuant to 43.0103 A.S.C.A:
(a)
Death: In support of a claim based on death, the claimant shall be required to
submit the following evidence or information:
(1) An
authenticated death certificate or other competent evidence showing cause of
death, date of death, and age of the decedent.
(2) Decedent’s
employment or occupation at time of death, including his monthly or yearly salary
or earnings, if any, and the duration of decedent’s last employment or
occupation.
(3) Full
names, addresses, birth dates, kinship, and marital status of the decedent’s
survivors, including identification of those survivors who were dependent for
support upon the decedent at the time of his death.
(4) Degree
of support afforded by the decedent to each survivor dependent upon him for support
at the time of death.
(5) Decedent’s
general physical and mental condition before death.
(6) Itemized
bills for medical and burial expenses incurred by reason of the incident
causing death, or itemized receipts of payment for such expenses.
(7) If
damages for pain and suffering prior to death are claimed, a physician’s
detailed statement specifying the injuries suffered, duration of pain and
suffering, any drugs administered for pain, and the decedent’s physical
condition in the interval between injury and death.
(8) Any other
evidence or information which may have a bearing on either the responsibility of
the American Samoa Government for the death or the damages claimed.
(b)
Personal Injury. In support of a claim for personal injury, including pain and
suffering, the claimant shall be required to submit the following evidence or
information:
(1) A
written report by his attending physician or dentist setting forth the nature
and extent of the injury, nature and extent of treatment, any degree of
temporary or permanent disability, the prognosis, period of hospitalization,
and any diminished earning capacity. In addition, the claimant may be required
to submit to a physical or mental examination by a physician employed by the
American Samoa Government. A copy of the report of the examining physician shall
be made available to the claimant upon the claimant’s written request, provided
that he has, upon request, furnished the report referred to in the first
sentence of this subparagraph and has made or agrees to make available to the
American Samoa Government any other physician’s reports previously or
thereafter made of the physical or mental condition which is the subject matter
of his claim.
(2) Itemized
bills for medical, dental, and hospital expenses
incurred, or itemized receipts or payment for such expenses.
(3) If the
prognosis reveals the necessity for future treatment, a statement of expected expenses
for such treatments.
(4) If a
claim is made for loss of time from employment a written statement from his employer
showing actual time lost from employment, whether he is a full or part-time
employee, and wages or salary actually lost.
(5) If a
claim is made for loss of income and the claimant is self-employed, documentary
evidence showing the amounts of earnings actually lost.
(6) Any
other evidence or information which may have a bearing on either the responsibility
of the American Samoa Government for the personal injury or the damages claimed.
(c)
Property Damage. In support of a claim for injury to or loss of property, real
or personal, the claimant shall be required to submit the following evidence or
information:
(1) Proof
of ownership;
(2) A
detailed statement of the amount claimed with respect to each item of property;
(3) An
itemized receipt of payment for necessary repairs or itemized written estimates
of the cost of such repairs;
(4) A
statement listing date of purchase, purchase price and salvage value, where
repair is not economical;
(5) Any
other evidence or information which may have a bearing on either the responsibility
of the American Samoa Government for the injury to or loss of property or the damages
claimed.
History: Rule 4-85. eff 30 Dec 85.
43.0106 Investigation and examination.
The
Attorney General may request any department or agency of the American Samoa Government
to investigate a claim filed under 43.1205 A.S.C.A., or to conduct a physical examination
of a claimant and provide a report of the investigation or physical
examination.
History: Rule 4-85,eff 30 Dec 85.
43.0107 Final denial of claim.
(a)
Final denial of an administrative claim shall be in writing and sent to the
claimant; his/her attorney, or legal representatives by certified or registered
mail. The notification of final denial may include a statement that, if the
claimant is dissatisfied with the agency action, (s)he
may file suit in the High Court of American Samoa, trial division, not later
than two years after the claim accrues.
(b)
Prior to the commencement of suit and prior to the expiration of the three
month period provided in 43.1205(a) A.S.C.A., a claimant, his/her duly
authorized agent, or legal representative, may file a written request with the
Attorney General for reconsideration of a final denial of a claim under
subsection (a) of this section. Upon the timely filing of a request for reconsideration
the Attorney General shall have three months from the date of filing in which
to make a final disposition of the claim and the claimant’s option under
43.1205(a) A.S.C.A., shall not accure until three
months after the filing of a request for reconsideration. Final action by the Attorney
General on a request for reconsideration shall be effected in accordance with
the provisions of subsection (a) of this section.
History: Rule 4-85, eff 30 Dec 85.
43.0108 Action on approved claim.
(a)
Payment of any claim approved hereunder shall be contingent upon claimant’s
execution of a claims settlement agreement. When a claimant is represented by
an attorney, the voucher for payments shall designate both the claimant and the
attorney as payees, and the check shall be delivered to the attorney, whose
address shall appear on the voucher.
(b)
Acceptance by the claimant, his/her agent, or legal representative, of any
award, compromise, or settlement made pursuant to the provisions of 43.1205(b),
43.1210, 43.1211(c), 43.1212, and 43.1213 A.S.C.A., shall be final and
conclusive on the claimant, his/her agent or legal representative and any other
person on whose behalf or for whose benefit the claim has been presented, and
shall constitute a complete release of any claim against the American Samoa Government
and against any employee of the government whose act or omission gave rise to
the claim, by reason of the same subject matter.
History: Rule 4-85 eff 30 Dec 85.