4.1009 Validity and effect of rules—Recommendations of Legislature.

Cite as [A.S.C.A. § 4.1009 ]

(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 agency for any purpose, until it has been made available for public inspection as required in 4.1020. This provision is not applicable in favor of any person or party who has actual knowledge of the rule, order or decision.

(c) Each rule adopted after the effective date of this chapter shall be effective 20 days after filing, except that:

(1) If a later date is required by statute or specified in the rule, the later date shall be the effective date.

(2) Subject to applicable constitutional or statutory provisions, an emergency rule adopted pursuant to 4.1010 shall be effective immediately upon filing with the Secretary of American Samoa, the Clerk of the House of Representatives and the Secretary of the Senate, or at a stated date less than 20 days thereafter, if the agency finds that this effective date is necessary because of imminent peril to the public health, safety, or welfare. The agency’s finding and a brief statement of the reasons therefor shall be filed with the rule.

(d) The Legislature may by letter or resolution make appropriate suggestions for changes, amendments, repeals, or additions to the rules.

History: 1969, PL 11-55; 1972, PL 12-38 § 1.