Chapter 07 - Tradesmen

Chapter 07 - Tradesmen

31.0701 Definitions.

When used in this chapter:

(a) “Board” means the Board of Tradesmen Examiners of American Samoa.

(b) “Person” includes any person, firm, copartnership, corporation, association, or other organization or any combination thereof.

31.0702 Board-Members-Quorum and vote.

(a) There is established the Board of Tradesmen Examiners of American Samoa, consisting of a chairman and 4 members, each to be appointed by the Governor of American Samoa for a 2-year term. Members must be chosen from both the public and private sectors of the community.

(b) All members of the Board serve without compensation.

(c) At least 3 members of the Board are necessary to constitute a quorum for the transaction of business, and a majority vote of those present is sufficient to decide any issue.

31.0703 Board-Meetings-Office.

(a) The Board must meet at least 4 times each calendar year in permanent office space pro-vided by the government for the purpose of transacting business, and such required meetings must be held during the months of January, April, July, and October. A full-time office secretary shall staff the office.

(b) Special meetings of the Board may be called by the Board secretary upon written request of 2 members.

(c) The Board secretary shall give each member of the Board 5 days written notice of the time and place of all meetings request of 2 members.

(d) The Board secretary shall give each member of the Board 5 days written notice of the time and place of all meetings.

31.0704 Board-Powers.

The Board shall have power, subject to the provisions of this chapter, to:

(1) promulgate all rules necessary for the maintenance of professional competence and ethical standards among tradesmen;

(2) prescribe by rule, qualifications, requirements and limitations for tradesmen as provided in this chapter;

(3) issue, renew, refuse, limit, modify, suspend, or revoke any certificate provided for in this chapter;

(4) hold hearings, compel the attendance and testimony of witnesses, order the production of documents and other tangible evidence, administer oaths and cite for contempt.

31.0705 Persons and trades covered by chapter.

(a) This chapter shall pertain to all individuals desiring to obtain certificates as carpenters, plumbers, painters, electricians, masons, millwrights, welders, tinsmiths, tile setters, cabinetmakers, radio/tv repairmen, refrigeration air conditioning repairmen, draftsmen, auto mechanics, sheet-metal men and such other trades as the Board may, by rule or regulation, from time to time determine should be within the purview of this chapter. This chapter applies to those tradesmen who wish to perform services for hire on an hourly, daily or other basis, including a contractual agreement, but does not apply to laborers working under the supervision of qualified tradesmen or tradesmen contractors.

(b) All specialty contractors or general contractors shall perform only services as are permitted by the certificates of the tradesmen in their employ.

(c) This chapter shall apply to tradesmen in the employ of the Government of American Samoa.

31.0706 Certificates.

All certificates issued pursuant to this chapter must bear the date of issue, expire on 31 December next following the date of issue, and may be renewed from year to year.

31.0706.1 Budget.

Each year the Board shall submit to the budget office for inclusion in the annual budget act its annual budget for its office expenses, rental fees, salary, supplies and material.

31.0707 Fees.

The Board shall set reasonable fees for applications, examinations, certificates, duplicate certificates and renewals, in amounts not to exceed the cost of preparing, administering, and issuing the documents.

31.0708 Refusal, revocation, suspension, modification, and limitation of certificates.

A certificate provided for in this chapter may be refused, revoked, suspended, modified, or limited for any one or combination of the following grounds:

(1) conviction of a crime in connection with the trade practiced by tradesmen licensed under this chapter; the record of conviction or certified copy thereof by the clerk of the court or judge in whose court the conviction is obtained shall be conclusive evidence of the conviction;

(2) willful and deliberate violation of applicable law or duly promulgated rules and regulations of the Board concerning practice of a trade;

(3) fraud or misrepresentation in obtaining a certificate under this chapter;

(4) aiding and abetting the practice of any trade by any person not authorized to practice the trade under the provisions of this chapter;

(5) negligence or incompetence demonstrated in the practice of a trade or occupation subject to the provisions of this chapter.

31.0709 Administrative and judicial procedure.

All procedures and proceedings of the Board, and judicial review thereof, must be in accord-ance with the provisions of the Administrative Procedures Act set forth in 4.1001 et seq.

31.0710 Unlawful to practice without certificate.

It is unlawful for any person to practice as a tradesman in American Samoa without a certifi-cate, or to advertise or put out any sign, card, or other device which indicates to the public that he is a certified tradesman or that he is qualified to engage in the practice of the trades enumerated in this chapter unless he is duly certified as such under the terms of this chapter.

31.0711 Unlawful to employ uncertified tradesman.

It is unlawful for any person to willfully and knowingly employ another person as a tradesman unless the other person is certified as a tradesman under the provisions of this chapter.

31.0712 Violation-Penalty.

(a) Any person who is convicted of any violation of this chapter, or any rule duly promul-gated under this chapter, is guilty of a class C misdemeanor.

(b) Each day of violation of this chapter shall constitute a separate offense.