ANDERS FORSGREN, Petitioner,
AMERICAN SAMOA GOVERNMENT
PROJECT NOTIFICATION REVIEW
AMERICAN COASTAL MANAGEMENT
OFFICE OF DEVELOPMENT
DEPARTMENT OF COMMERCE,
High Court of American Samoa
AP No. 15-01
November 28, 2001
 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
 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.
ORDER DENYING MOTION FOR
REVIEW OF APPEAL PROCEDURE
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.
 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.
 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.
* Honorable John L. Ward II, District Court Judge,
District Court of American Samoa, by designation of the Secretary of the