31.1508 Right to hearing-Procedure.

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(a) In every case where it is proposed to refuse to grant, renew, reinstate, or restore a license or to revoke or suspend the exercise of one for any of the causes enumerated in 31.1507, the person affected by that action must be given notice and opportunity for hearing in conformity with 4.1001 et seq.

(b) At the hearing the Board has the power to administer oaths, compel the attendance of wit-nesses and the production of documentary evidence, examine witnesses and make decisions re-garding evidence offered.

(c) In the event any person disobeys any order of the Board, or of any subpoena issued by the Board, or the refusal of any witness to testify to any matter regarding which he may lawfully be questioned, the Board may apply to the High Court of American Samoa, which shall compel obedience as in the case of disobedience of the requirements of a subpoena issued by the High Court of American Samoa, or a refusal to testify therein; provided, however, that such order was not arbitrary, capricious or unreasonable.

History: 1973, PL 13-5, amd 1983, PL 18-5 § 9.

Case Notes:

Because in most cases licensing will be a straightforward process, quasi-judicial evidentiary hearing in all licensing proceedings would needlessly increase government expenditures and such hearings are required only where the proposed action on a license application will be final. Am. Sam. Const. Art. I § 2., A.S.C.A. § 31.1508. Ferstle v. American Samoa Government, 7 A.S.R.2d 26 (1988).

Amendments: 1983 Amended to change “Office of the Governor” to “Board.”