General Provision Test
Home »
[1] Because the Governor has general supervision and control of all executive departments, agencies and instrumentalities of the Government, personnel decisions are subject to his direction as long as his actions are in accordance with applicable territorial and federal laws and rules.Rev. Const. Am. Samoa Art. II, § 7; A.S.C.A. § 7.0110; A.S.A.C. §§ 4.0102, 4.0111(b).Sala v. American Samoa Gov’t, 21 A.S.R.2d 14.
[2] The Administrative Law Judge Act of 1998 transferred the final administrative agency hearing authority of the Personnel Advisory Board to the Administrative Law Judge.Nat\’l Pac. Ins. Co., Ltd., v. Comm\’r, 5 A.S.R.3d 183 (Trial Div. 2001).This is edited.
[1] [1] Because the Governor has general supervision and control of all executive departments, agencies and instrumentalities of the Government, personnel decisions are subject to his direction as long as his actions are in accordance with applicable territorial and federal laws and rules.Rev. Const. Am. Samoa Art. II, § 7; A.S.C.A. § 7.0110; A.S.A.C. §§ 4.0102, 4.0111(b).Sala v. American Samoa Gov’t, 21 A.S.R.2d 14.[2] The Administrative Law Judge Act of 1998 transferred the final administrative agency hearing authority of the Personnel Advisory Board to the Administrative Law Judge.Nat\’l Pac. Ins. Co., Ltd., v. Comm\’r, 5 A.S.R.3d 183 (Trial Div. 2001).This is edited.
This is just for test.
[1] Because the Governor has general supervision and control of all executive departments, agencies and instrumentalities of the Government, personnel decisions are subject to his direction as long as his actions are in accordance with applicable territorial and federal laws and rules.Rev. Const. Am. Samoa Art. II, § 7; A.S.C.A. § 7.0110; A.S.A.C. §§ 4.0102, 4.0111(b).Sala v. American Samoa Gov’t, 21 A.S.R.2d 14.
[2] When the government makes rules to govern the conduct of its affairs, it must abide by those rules and act within its authority.Sala v. American Samoa Gov’t, 21 A.S.R.2d 14.
Constitutional statutory authority is always paramount to administrative rule authority. Vaella’a v. Sunia, 1 A.S.R.3d 134 (Trial Div. 1997).
The authority, powers, and duties of the Administrative Law Judge are administrative in nature and limited to legitimate Executive branch functions.Nat’l Pac. Ins. Co., Ltd., v. Comm’r, 5 A.S.R.3d 183 (Trial Div. 2001).
SEE AMERICAN SAMOA GOVERNMENT § 4(3) – AGENCIES
An agency’s head may only reassign an employee involuntarily with the concurrence of the Director of Human Resources and with a finding that the reassignment be in the best interests of the government; failure to follow the regulatory standard is arbitrary and an error of law.A.S.C.A. § 4.1044(6); A.S.A.C. § 4.0804(b).Leiato v. Personnel Advisory Board, 21 A.S.R.2d 25.
If done within the scope and by the apparent authority of a de jure public officer, a de facto public officer’s acts are binding on third parties; it is as if the de facto public officer were legally selected, qualified and in possession of the office.Toilolo v. Poti, 24 A.S.R.2d 1.
Under A.S.C.A. §§ 12.0205 and 12.0206 the Legislature created the office of procurement and the position of chief procurement officer, and specified certain credentials for such officer, who is appointed by the governor and confirmed by the Legislature.B.H.P. Petroleum South Pac., Inc.v. American Samoa Gov’t, 2 A.S.R.3d 10 (App. Div. 1998).
The Administrative Law Judge Act of 1998 transferred the final administrative agency hearing authority of the Personnel Advisory Board to the Administrative Law Judge.Nat’l Pac. Ins. Co., Ltd., v. Comm’r, 5 A.S.R.3d 183 (Trial Div. 2001).