Rule 15 Review or Enforcement of Agency Orders – How Obtained; Intervention

(a) Petition for Review of Order; Joint Petition. Review of an order of an administrative agency, board, commission or officer of the American Samoa Government (hereinafter, the term “agency” shall include agency, board, commission or officer) shall be obtained by filing with the clerk of court within the time prescribed by law, a petition to the appellate division to enjoin, set aside, suspend, modify or otherwise review. The petition shall specify the parties seeking review and shall designate the respondent and the order or part thereof to be reviewed. Form 3 in the Appendix of Forms to the Federal Rules of Appellate Procedures is a suggested form of a petition for review. In each case the agency shall be named respondent. The American Samoa Government shall also be deemed a respondent if so required by statute, even though not so designated in the petition. If two or more persons are entitled to petition for review of the same order and their interests are such as to make joinder practicable, they may file a joint petition for review and may thereafter proceed as a single petitioner. Within 20 days after the petition is filed, the respondent shall serve on the petitioner and file with the clerk an answer to the petition.

(b) Application for Enforcement of Order; Answer; Default; Cross-Application for Enforcement. An application for enforcement of an order of an agency shall be filed with the clerk of court. The application shall contain a concise statement of the proceedings in which the order was entered, the facts upon which venue is based, and the relief prayed. Within 20 days after the application is filed, the respondent shall serve on the petitioner and file with the Clerk an answer to the application. If the respondent fails to to file an answer within such time, judgment will be rewarded for the relief prayed. If a petition is filed for review or an order which the appellate division has jurisdiction to enforce, the respondent may file a cross-application for enforcement.

(c) Service of Petition or Application. A copy of a petition for review or of an application or cross-application for enforcement of an order shall be served by the clerk on each respondent in the manner prescribed by 3 (d) ACR. At the time of filing, the petitioner shall furnish the clerk with a copy of the petition or application for each respondent. At or before the time of filing a petition for review, the petitioner shall serve a copy thereof on all parties who shall have been admitted to participate in the proceedings before the agency other than respondents to be served by the clerk, and shall file with the clerk a list of those so served.

(d) Intervention. A person who desires to intervene in a proceeding under this rule shall serve upon all parties to the proceeding and file with the clerk of court a motion for leave to intervene. The motion shall contain a concise statement of the interest of the moving party and the ground upon which intervention is sought. A motion for leave to intervene shall be filed within 30 days of the date on which the petition for review is filed.