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30.0103 Review of decisions of Governor.

Cite as [A.S.C.A. § 30.0103]

(a) A party aggrieved by an adverse decision of the Governor rendered pursuant to this chap-ter may, within 30 days from the date of the decision, appeal to the Secretary of the Interior. The appeal shall be written and shall set forth under oath all the facts of the decision.

(b) The Governor shall have 30 days from the filing of the appeal within which to file a reply under oath.

(c) The Secretary shall render a decision 30 days after he has received both the appeal and the reply. If the Secretary fails to make a decision within 30 days after he has received both the appeal and the reply, the decision of the Governor shall be final.

(d) All decisions as to matters of fact by the Governor shall be conclusive unless clearly er-roneous.

(e) In any case where a corporate charter is revoked by an adverse decision of the Governor, an aggrieved party may carry on its business despite such adverse decision if the aggrieved party files an appeal to the Secretary of the Interior within 10 days of the adverse decision of the Governor.

History: 1962, PL 7-20; readopted 1980, PL 16-48 § 1; 1982, PL 17-31 § 1.

Reviser’s Comments: The law dealing with alienation of land contained in the A.S.C.A., as recodified by the Legislative Reference Bureau had been questioned as to whether the requirements of Art. I, § 3 and Art. II, § 9, American Samoa Constitution, had been fulfilled. Since the records were not available to answer the question, the Legislature passed PL 16-48 and PL 17-31 to ensure that the law dealing with alienation of land complies with the Constitution.