4.0604 Jurisdiction of the Administrative Law Judge.

Cite as [A.S.C.A. § 4.0604 ]

The Office of Administrative Law Judge shall have jurisdiction to conduct hearings and issue decisions, with regards to the following matters:

(a) claims for workmen's compensation in accordance with the procedures set forth in sections 32.0635 to and including 32.0646. All other authorities of the Workmen's Compensation Commission under Chapter 06 of Title 32 A.S.C.A., shall remain with the commission.

(b) Controversies, grievances and administrative appeals by government employees on matters pertaining to employment, including matters pertaining to hiring, termination, suspension and discipline. The responsibilities formerly held by the Personnel Advisory Board pursuant to section 7.0102, with regards to the said matters are now transferred to the Office of Administrative Law Judge. All other functions of the Personnel Advisory Board not otherwise affected herein shall remain with the board.

(c) Appeals from the decisions of the Immigration Board in all matters except decisions with respect to deportation of aliens as provided in section 41.0208 - 41.0212. Appeal of deportation decisions of the board shall be made to the Appellate Division of the High Court as provided by law. All other decisions of the board may be appealed to the Administrative Law Judge.

(d) All disputes and controversies pertaining to claims for unpaid or improperly paid wages and hours pursuant to Chapter 03 of Title 32 A.S.C.A., except in matters relating to the rulemaking authority of the wage and hour board.

(e) All appeals filed by applicants and notaries public pursuant to the Notary Act of 2007, Title 31, Chapter 03, sections 31.0309(e) and 31.0358(c) A.S.C.A.

(f) To take appeals of procurement officer's final decision in a procurement bidding dispute as described in section 10.0282 A.S.C.A. The Governor's authority to appoint a three member board to hear disputes of matters pertaining to procurement disputes is hereby repealed.

(g) Any other contested case, grievance or controversy that agencies, offices and departments of the government may be referred to the Office of Administrative Law Judge for disposition providing that the Office of Administrative Law Judge has jurisdiction over such matter.

(h) All appeals from administrative rulings or decisions of any administrative agency, except those matters specifically exempted herein or by statute, of a department, office, agency, commission, board or committee of the Executive branch or the American Samoa Government, shall first be made to the Office of Administrative Law Judge. Decisions of the Administrative may be appealed to the Appellate Division of the High Court of American Samoa.

(i) In cases involving the administrative suspension of drivers licenses pursuant to Title 22, Chapter 06 of this Code, the Administrative Law Judge shall have jurisdiction to hold hearings and issue decisions regarding the suspension of drivers licenses for refusal to submit to testing pursuant to A.S.C.A., 22.0601 et. seq.

History: 1998, PL 25-37; 2004, PL 28-17, 2008, PL 30-18.