24.0506 Adoption of rules-Appeals.

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(a) The Director of Development Planning, after public hearings, shall adopt, pursuant to this chapter and the Administrative Procedures Act, 4.1001 A.S.C.A. et seq., rules as are deemed necessary for the efficient and effective administration of this chapter. The rules shall be promulgated and take effect as soon as possible, and not later than one year after the enactment of this chapter. These rules, at a minimum, shall:

(1) establish a streamlined land use permit system that integrates the permitting requirements of each of the territorial agencies concerned with environmental management, and determines a land use permit fee schedule commensurate with the cost of administering the permit review system;

(2) establish procedures for the conduct of appeals by aggrieved parties for a decision reached or conditions imposed on a land use permit application.

(b) Notwithstanding this or any other provision of law or rule, the rules promulgated as chapter 26.02 of the American Samoa Administrative Code (Executive Order 12-88) shall continue in effect until such time as the rules required under this section are promulgated as final.

History: 1990, PL 21-35.

Case Notes:

Existing coastal management rules and regulations were not nullified by the Development Planning Office’s failure to formally promulgate new, statutorily-required rules for administering the American Samoa Coastal Management Program. A.S.C.A. § 24.0506(a)-(b); A.S.A.C. §§ 26.0201 et seq. Le Vaomatua v. American Samoa Government, 23 A.S.R.2d 11 (1992).