Chapter 03 - Tradesmen

Chapter 03 - Tradesmen

31.0301 Authority.

The board of tradesmen examiners derives its authority from Chapter 31.07 ASCA in general and 31.0704 ASCA, Board-Powers, in particular. The rules codified in this chapter are promulgated pursuant to 31.0704(I) ASCA.

31.0302 Purpose of board and provisions.

The board of tradesmen examiners construes its purpose as one of protecting the health, safety, and general welfare of all these persons dealing with persons who are engaged in supplying of services of tradesmen as defined in 31.0705 ASCA. The laws and rules promulgated pursuant to the law are designed to provide a practical protection against incompetent, inexperienced, unlawful, and fraudulent acts of tradesmen. It is anticipated that the administration of the laws and rules will upgrade professional competency and cultivate responsibility within the tradesmen vocation.

31.0303 Tradesmen-contractors board jurisdictions-Laborer supervision-Industry structures.

The board of tradesmen examiners views its responsibilities in relation to the contractors licensing board as follows:

(a) The contractors licensing board's primary interest is as set out in 31.0102. Such board is thus concerned with the protection of the general public from unqualified or unscrupulous contractors. Of primary importance, then, is the contractor's:

(1) business. skill and knowledge of legal requirements to engage in business;

(2) integrity and character; and

(3) professional competency if holder of a specialty license, or the competency of those responsible managing employees who qualify the contractor for license by taking and passing the specific examinations as set out in the Contractors Licensing Law and rules.

(b) Next, the board of tradesmen examiners is interested in the tradesmen, foremen, and general foremen who are licensed by them and who work at a trade immediately under the contractor or the responsible managing employee.

(c) All employees who are not contractors, responsible managing employees, or tradesmen shall be designated as laborers. All laborers shall be under the direct supervision of the tradesmen, foremen and general foremen, responsible managing employee, or the contractor.

(d) In a pyramid of construction employees, tradesmen are above laborers but below the responsible managing employees of the contractor, as follows:

(1) Contractor: license by con tractors licensing board;

(2) Responsible managing employee: tested by contractors board as to specific knowledge of certain building trades; operates as superintendent;

(3) Tradesmen, foremen, and general foremen: examined by board of tradesmen examiners;

(4) Laborers: those workers who must work under the supervision of tradesmen, responsible managing employees, or contractors.

31.0304 Definitions.

When used in this chapter, the following words shall be defined as follows:

(a) "Board" means the board of tradesmen examiners.

(b) "Certificate" means the tradesmen's certificate issued by the board to an applicant who has fulfilled all qualifications for any trades set out in 31.0705 ASCA.

31.0305 Certificate required.

No person shall conduct any business or operate as a tradesman without being rust licensed by the board and having a tradesmen's certificate issued for the trade or trades approved by the board, nor shall such person put out any sign or card or other device, or advertise by news media, telephone yellow pages, or otherwise, which indicates to the public that he is a certified tradesman. This rule does not prevent any person who has not been issued a certificate from performing work on his own buildings, provided there has been compliance with all the applicable provisions of the ASCA, especially with regard to building permits and inspections. This rule does not prevent a certified tradesman from forming a partnership or other association with persons who are not tradesmen provided the name of the certified tradesman appears as the tradesman on all instruments of service, and in no case may other members of the partnership be designated as tradesmen. In the event such certified tradesman forms a partnership or other association for contracting services, such tradesmen shall place themselves within the purview of Chapter 31.05 ASCA, Contractors Licensing Law, and rules applicable thereto.

31.0306 Application-Content.

All persons desiring to be licensed as a tradesman must apply to the board upon a form prepared and supplied by the board and must pay the fee required by 31.0312. In addition to other information deemed necessary by the board, the applicant shall supply the following:

(a) Name, village, post office box number, nationality, place of birth;

(b) The amount of experience possessed by the applicant, the names and dates the applicant has been employed in the past 5 years, and names of employers;

(c) The names of 3 references of whom the board may inquire as to the workmanship and character of applicant;

(d) Whether or not the applicant has been charged or convicted of a crime (other than minor traffic convictions), the charge, the dates, and the disposition of such case;

(e) Whether the applicant has ever had a tradesmen certificate before; if so, the period such applicant held such license and the reasons such license is not now held;

(f) Whether or not the applicant has ever been associated with the holders of a contractor's license which was suspended, revoked, limited, or modified.

31.0307 Application-Aliens.

Before considering an application by an alien the board shall require evidence from such alien that all immigration laws and rules have been complied with for such alien 's entry into American Samoa and his employment within American Samoa.

31.0308 Application-Insufficient or incomplete.

(a) Each applicant for a tradesmen certificate shall, before a certificate may be issued to him, give the information required in the application form as prescribed by the board, furnish the references required as to the applicant's ability to perform the trade applied for, the applicant's character and trade reputation, and pay the required fee. The board has the authority to refuse to issue a license to any applicant who fails without good reason or refuses to give the infoffi1ation so requested, or to furnish the required references.

(b) Such incomplete or insufficient application shall be returned to the applicant with the tendered fee and the reason for such refusal to issue made known to the applicant.

31.0309 Examination-Content.

(a) Examinations for the trade or trades applied for shall be administered by the board, a designated member of the board, or another person designated by the board. Examinations shall be in such foffi1 as the board prescribes and shall be based upon academic and/or practical experience and generally recognized principles of the trade or trades applied for. As such the examination may be written and demonstrative. The examiner may require samples of work, if appropriate, or may require the doing of appropriate tasks for grading by the examiner.

(b) The examination prescribed by the board may be in lieu of the final examination for government employees who have completed the 3-year on-the-job training program for specific trades as described in the publication of the ASG entitled "Standard Titles and Definitions for Upgraded Positions, Supervisory Titling Procedures and In-Service Training Programs," a copy of which is attached to the rules codified in this chapter.

31.0310 Examination-Notification of results.

Each applicant shall be notified in writing by the board as to whether he has passed or failed. If a failing grade is issued, such notification shall give specific reasons for such failure in such form so that the applicant may best prepare to retake the examination.

31.0311 Experience requirement.

The applicant for a tradesmen certificate shall furnish evidence of having completed a course from an approved trades school and have had at least 1 year experience in such trade or have had at least 3 years experience in such trade, and be capable of providing proof of competency in the trade, and pass the examination prescribed by the board.

31.0312 Fee.

The fees prescribed by this chapter are fixed by the board as follows:

(a) Application for examination................................................$1;

(b) Original nongovernment trade certificate ............................$5;

(c) Duplicate certificate........................................................... $3;

(d) Renewal of a certificate......................................................$1;

(e) Renewal if application filed after 1 Mar ..............................$2;

(f) Temporary permit ..............................................................$5;

(g) Special certificate for ASG employee

to perform government work. ........................................None.

31.0313 Duplicate certificate.

A duplicate certificate to practice a trade, replacing one which has been lost, destroyed, or mutilated, may be issued subject to the rules of the board. The duplicate certificate fee fixed by the board shall be charged for such issuance.

31.0314 Deposit, use of fees.

All fees collected pursuant to 31.0312 shall be deposited in a special fund which shall be available for the payment of any expenses incurred in the administration of this chapter. Any sums in excess of those necessary to pay such expenses shall be dispensed as otherwise provided by law at the end of each fiscal year.

31.0315 Seal of the board.

The board shall adopt a seal for its own use. The seal used shall have the words, "The Board of Tradesmen Examiners of American Samoa". The secretary of the board shall have the care and custody of the seal.

31.0316 Minutes.

The secretary shall keep an accurate record of all proceedings of the board which will be open to inspection by the public.

31.0317 Temporary certificate.

This chapter does not prevent a person from without the territory from performing work within the territory providing that he presents satisfactory evidence to the board that he is competent to practice the trade and the board issues a temporary certificate to him for the stipulated work, and provided the individual who is to receive the certificate has received the ASG's permission to reside in the territory for a particular period. It is expressly understood that such temporary certificate shall be for a specific job only, of a short duration (not to exceed 1 year), and that the tradesman is in American Samoa specifically to do only such job.

31.0318 Term of certificates.

Certificates to practice a trade will remain in full force until revoked or suspended for cause, or until they expire as provided in this chapter.

31.0319 Expiration of certificates-Renewal.

All certificates issued under authority contained in PL 12-21 shall expire on 31 Dec of the calendar year in which issued. To renew an unexpired certificate, the certificate holder shall, before the time at which the certificate would otherwise expire, apply for renewal on a form prescribed by the board and pay the renewal fee prescribed by 31.0312. A 2: month grace period will be applicable to this rule. Special certificates issued to ASG tradesmen for use on government work shall not expire but will be in effect as long as the person is employed by the government as a tradesman.

31.0320 Annual renewal-Fees.

Renewal applications shall be made to the board on or before 31 Dec of each year and shall be made upon a form prescribed by the board, and the renewal fee shall be tendered with the application for renewal. Filing an application after 1 Mar will require payment of double the regular renewal fee.

31.0321 Refusal, revocation, suspension, modification, or limitation grounds.

Pursuant to 31.0708 ASCA, a certificate provided for in this chapter may be refused, revoked, suspended, modified, or limited for any l or a combination of the following grounds:

(1) The 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 is conclusive evidence of the conviction;

(2) Wilful and deliberate violation of applicable law or duly promulgated rules 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.

31.0322 Powers of the board.

In addition to other powers of the board, either enumerated or implied, the board possesses the power to do the following acts:

(1) To investigate the qualifications of applicants for certificates pursuant to this chapter including the use of any examination designed to test the qualifications and competence of applicants;

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

(3) To prescribe forms for completion by applicant to ascertain such information as needed to enforce the provisions of the Board of Tradesmen Law and this chapter;

(4) To prescribe examinations for the testing of applicants as to their knowledge and ability relating to the trade applied for;

(5) To appoint a person, persons, or a department or agency to examine applicants as to their competence in the trade applied for;

(6) To require applicants to provide the names of references so the board may obtain information from others regarding the competence or character of the applicant;

(7) To investigate any complaints made to the board or otherwise known by the board regarding the competency, character, work habits, or ethics of any applicant or certificate holder and to require an answer from such applicant or certificate holder regarding such complaint, and to take such action as the board deems justified, as provided for in the Tradesmen Law and this chapter after investigation of the complaint or other matters known to the board;

(8) To make such orders as are deemed necessary to effectuate the purposes of the Board of Tradesmen Law and this chapter;

(9) To investigate whether employers are employing persons as tradesmen who have not been certified as tradesmen by the board;

(10) To investigate as to whether those persons advertising as tradesmen have been certified as such by the board.

31.0323 Hearing and disciplinary powers- Hearing procedures.

(a) Pursuant to 31.0704 (4) ASCA, the board has the power to hold hearings to compel the attendance and testimony of witnesses, to order the production of documents or other tangible evidence, to administer oaths, and to cite for contempt.

(b) Subsequent to such hearing the board has the power to, pursuant to 31.0704 (3) ASCA, issue, renew, refuse, limit, modify, suspend, or revoke any certificate provided for in this chapter.

(c) The hearing procedures in all disciplinary proceedings shall be the procedures set out in the Administrative Procedures Act, Chapter 4.10 ASCA.

31.0324 Adverse decisions of the board- Record of proceedings.

Any applicant whose application is denied, refused, limited or modified, or any person whose certificate is modified, limited, suspended, revoked, or whose renewal application is refused, denied, limited, or modified, shall be entitled to a written copy of the board's decision setting forth the facts and reasons on which such refusal, denial, modification, limitation, suspension, revocation, or other adverse decision is based. Such decision shall contain a summary of the evidence on which the board's findings of facts are based. This decision and any other papers filed at the hearing or with the application shall constitute the record of proceedings before the board.

31.0325 Judicial review.

Judicial review of any adverse decision by the board shall be in accordance with the provisions relating to judicial review in the Administrative Procedures Act, Chapter 4.10 ASCA.

31.0326 Reinstatement after suspension.

After suspension of the certificate for any of the reasons set forth in this chapter or in the Board of Tradesmen Law, the board -may reinstate the certificate upon proof of compliance by the certificate holder with all provisions for issuance of a new certificate.

31.0327 Reinstatement after revocation.

After revocation of a certificate for any of the reasons set forth in this chapter or within the Board of Tradesmen Law, the certificate shall not be reinstated or reissued within a period of 1 year after the final decision of revocation, and then only on a proper showing that all loss caused by the act or omission for which the license was revoked has been fully satisfied and that all conditions imposed by the decision of revocation have been complied with.