11.1605 Powers and duties of Board regarding tax exemptions.

Cite as [A.S.C.A. 11.1605]

The Board, acting by vote of any 3 members, shall have the following powers and duties:

(a) The Board shall give public notice of, and conduct public hearings on, all applications for a certificate of tax exemption, and shall recommend to the Governor whether he should grant or deny an application.

(b) The Board shall recommend to the Governor that he grant a certificate of tax exemption if it is satisfied that:

(1) the industrial or business activity engaged in or expanded by the applicant will promote the public interest by furthering the economic development of American Samoa; and

(2) the establishment or expansion of the activity in American Samoa requires incentive in the form of a temporary tax exemption; and

(3) the applicant qualifies under the provisions of 11.1607.

(c) The Board shall submit to the Governor its recommendations with respect to appli-cations for amended certificates.

(d) The Board shall recommend to the Governor that he revoke a certificate of tax exemption if it finds, after due notice and hearing, that the grantee of a tax exemption certificate:

(1) has failed to maintain substantial compliance with the conditions of the tax exemp-tion certificate or any regulation issued under this chapter;

(2) has engaged in a business not named in the certificate without applying for a required amended certificate;

(3) has failed to carry on the business named in the certificate;

(4) has transferred a portion of his business without obtaining a required amended certificate;

(5) In the case of a corporation, has been dissolved, or has filed or is the subject of a petition in, bankruptcy which has been approved.

(e) The Board shall investigate all applications for tax exemptions and determine compliance with the provisions of this chapter or regulations issued pursuant to this chapter.

(f) In connection with any hearings or investigations required by the provisions of this chapter or of any rules and regulations issued pursuant to this chapter, the Board may subpoena witnesses, records, and books and inspect properties and facilities with respect to which a certificate of a tax exemption has been granted or is requested.

(g) The Board may request and obtain from the Department of Administrative Services such auditing and other services as it may consider necessary in connection with the performance or exercise of its powers and duties.

History: 1962, PL 7-37; 1963, PL 8-4.