5ASR3d13

ANDERS FORSGREN, Petitioner,

 

v.

 

AMERICAN SAMOA GOVERNMENT

for the

PROJECT NOTIFICATION REVIEW

SYSTEM BOARD,

AMERICAN COASTAL MANAGEMENT

PROGRAM,

OFFICE OF DEVELOPMENT

PLANNING, and

DEPARTMENT OF COMMERCE,

Respondent.

 

High Court of American Samoa

Appellate Division

 

AP No. 15-01

 

November 28, 2001

 

 

[1] Where party had moved for reconsideration of new

trial before Administrative Law Judge and had also petitioned for judicial

review, motion for new trial needed to be decided before judicial review could

take place.

 

[2] When administrative law matter becomes ripe for

review by denial of party’s motion for reconsideration or new trial, petitioner

should thereafter file entire record of the administrative proceeding,

including transcripts of hearings, within 30 days of request to proceed.

 

Before RICHMOND, Associate

Justice, WARD, Acting Associate Justice,*

and LOGOAI, Chief Associate Judge.

 

Counsel: For Petitioner,

Marie A. Lafaele

 For Respondent, Martin McCarthy, Asst.

Attorney General

 

ORDER DENYING MOTION FOR

IMMEDIATE

REVIEW OF APPEAL PROCEDURE

UNDER

ADMINISTRATIVE LAW JUDGE ACT

 

On November 19, 2001,

petitioner petitioned this court for judicial review of the decision of the Administrative

Law Judge (“ALJ”) in the proceeding ALJ (PRNS) No. 001-01.  On the same date, petitioner moved for

immediate review of the ALJ’s interpretation of the appeal procedure under the

Administrative Law Judge Act, A.S.C.A. §§ 4.6001-.0608, and the parties

stipulated for a hearing on this issue.

 

[1] We deny without prejudice the request for an early hearing

on the procedural issue to pursue the issue when and if we proceed with the

petition for judicial review.  The

process on petitioner’s motion for reconsideration or new trial, pursuant to

T.C.R.C.P. 59 and A.S.C.A. § 4.0607(b), pending before the ALJ should be

completed first, and then, if the motion is denied and upon petitioner’s

request, we will proceed with the petition for judicial review.

 

[2] For the parties’ guidance, upon petitioner’s request to

proceed with the petition for judicial review following any denial of the

pending motion for reconsideration or new trial, the entire record of the

administrative proceeding, including transcripts of hearings, shall be filed

within 30 days of petitioner’s request to proceed.  The parties shall then file briefs in

accordance with A.C.R. 31.

 

It is so ordered.