43.0107 Final denial of claim.

Cite as [A.S.A.C. § 43.0107]

(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.