3.0106 Proceedings before the commission.

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(a) Filing of Legal Documents.

(1) Place or Filing. All disclosures, complaints, requests for opinion; pleadings submittals, petitions, briefs. memoranda, and other papers required or permitted to be filed with the commission in any proceeding shall be filed with the Chief Election Officer.

(2) Service of Documents. The papers may be sent by mail or hand carried to the commission offices within the time limit, if any, for that filing.

(3) Date of Filing Documents. The date of which the papers are actually received by the commission shall be considered to be the date of filing.

(4) Form of Documents. All papers filed with the commission shall be plainly legible.

(5) Signature; Certificate of Truth. All papers must be signed in permanent ink by the party or his duly authorized agent or attorney. The signature of the person signing the document constitutes a certification that he has read the document; that to the best of his knowledge,

information and belief, every statement contained in the instrument is true and no statements are misleading; and that it is not interposed for delay.

(6) Number of Copies. Unless otherwise specifically provided by a particular rule, or order of the commission only an original of all papers shall be filed.

(7) Name, Address on Documents; The initial document filed by any person in any proceeding shall state on the 1st page the name and mailing address or the person or persons who maybe served with any documents filed in the proceeding.

(b) Computation of Time.

(1) In computing any period of time prescribed or allowed by these rules; order of the commission, or by any applicable statute, the day of the act, event, or default, after which ,the designated period time is to run, is not to be included. The last day of the period so computed is to be included unless it is a Saturday, Sunday, or a holiday, in which event the period runs until the next day which is not a Saturday, Sunday, or a holiday. When the period of time prescribed or allowed is less than 7 days intermediate Saturdays, Sundays, and holidays are excluded in the computation. As used in this rule, “holiday” includes any day designated by 1.0501 ASCA as modified by 7.1205 ASCA.

(2) Whenever a party has the right or is required to do some act or take some proceedings within a prescribed period after the service of the notice or other paper upon him and the notice or paper is served upon him by mail, 2 days shall be added to the prescribed period.

(c) Continuance or Extension of Time. Whenever a party has a right or is required to take action within the period prescribed or allowed by these rules, by notice given thereunder, or by an order of the commission, or the presiding officer may (i) before the expiration of the prescribed period, with or without notice, extend the period; or (ii) upon motion, permit the act to be done after the expiration of a specified period where the failure to act is clearly shown to be excusable.

(d) Service of Process.

(1) By Whom Served. The commission shall cause to be served all orders, notices, and other papers issued by it, together with any other papers which it is required by law to serve. Answers, pleadings, and memoranda relating to complaints or hearings shall be served by the party filing them.

(2) Upon Whom Served. All papers served by either the commission or any party shall be served upon all counsel of record at the time of the filing and upon parties not represented by counselor upon their agents designated by them or by law. Counsel entering an appearance subsequent to the initiation of the proceedings shall notify all parties of that fact.

(3) Service Upon Parties. The final opinion, decision, and any other paper required to be served by the commission upon a party, shall be served upon the counsel of record, if any, or the individual or his agent designated by him or by law to receive service of such papers.

(4) Method of Service. Service upon counsel, if any, or upon a party shall be made by delivering a copy to him or by mailing it to him at his last known address. Service by mail is complete upon mailing. Service by personal delivery or time and place of delivery filed with the commission.

(e) Subpoenas.

(1) Who May Issue. Subpoenas requiring the attendance of witnesses or the production of documentary evidence from any place within the territory of American Samoa at any designated place of hearing, may be issued by the chairman at the direction of the commission.

(2) Application. Application for subpoenas shall be made in writing to the commission. The application must be reasonable in scope and specify as clearly as possible documents or data desired, and show their general relevancy.

(3) Time of Application. For production of documentary evidence or appearance of witnesses at a hearing, application for subpoenas shall be made at least 3 days prior to the hearing. If application for a subpoena is made at a later time, the commission may, in its discretion, continue the hearing or any part thereof,”

(4) Enforcement. Enforcement of obedience to subpoenas issued by the commission and served under these rules will be effected by written application of any member of the commission to any justice of the High Court.

(f) Witnesses: Fees.

(1) All witnesses shall appear in person and shall be examined under oath or affirmation.

(2) Payment. Summoned witnesses shall be paid by the party in whose instance the witnesses appear. The amount of payment shall be the same fee and mileage as are paid witnesses in the courts of theterritory of American Samoa.

(g) Retention of Documents by the Commission. All documents filed with the or presented to the commission shall be retained in the files of the commission for the period required by law. The commission may permit the withdrawal of documents at its discretion.

(h) Consolidations. The commission, upon its own initiation or upon motion, may contemporaneously consider 2 or more proceedings which involve substantially the same parties or issues which are the same or closely related, if it finds that the consolidation or contemporaneous hearing will be conducive to the proper dispatch of its business and to the ends of justice and will not unduly delay the proceedings.

History: Rule 1-85, eff 2 May 85, § 1.6.