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41.0410 Employment of aliens-Penalty.

Cite as [A.S.C.A. § 41.0410]

(a) No person may knowingly employ any alien without written approval of the Board before the person commences work.

(b) No alien may seek employment or become employed without prior written approval of the Board.

(c) If after a hearing the Board finds that any person has been guilty of a violation of subsection (a), or (b), he/she shall be subject to a fine as follows:

(1) first offense, $500 per person employed illegally; $1,000 per person employing a person illegally;

(2) second offense, $1,000 per person employed illegally; $3,000 per person employing a person illegally;

(3) third or more offenses, $2,000 per person employed illegally; $6,000 per person employing a person illegally.

(d) The fines levied by the Board pursuant to subsection (c) shall be paid to the treasurer of American Samoa.

(e) Any employee violating this section on the first offense is guilty of a class B misdemeanor, and on the second or more offenses is guilty of a class A misdemeanor.

(f) Any employer violating this section is guilty of a class A misdemeanor.

(g) Violation of this section by aliens shall be a deportable offense in addition to fines.

(h) Subsections (a) and (b) of this section shall not apply to guest workers who are admitted and are employed under the provisions of chapter 09 of this Title.

History: 1984, PL 18-5 2 § 2; 2007, PL 30-7.