Pago Pago, AMERICAN SAMOA — Through a new executive order, Gov. Lemanu Peleti Palepoi Sialega Mauga is continuing the Rule Reform Panel established by the previous administration to — among other things — repeal and modify rules to promote efficiency in government.

Lemanu’s order, dated Feb. 8th, increases the number of members of the panel, which is chaired by the Lieutenant Governor or his designee, in his capacity as the Secretary of American Samoa.

Through a Jan. 31, 2019 executive order, then-Gov. Lolo Matalasi Moliga “affirmed” the Executive Branch’s “policy" to alleviate unnecessary public costs and regulatory burdens placed on the American Samoan people.

The order sets up the establishment of a process to ensure a coherent and efficient rule-making system exists within the Executive Branch that “can continuously operate into the future to lower public costs and regulatory burdens” on local residents.

It also establishes the five-member panel, which shall be advisory only, and hold meetings with the “Rule Reform Officer” — designated by each ASG agency — the technical experts assisting them, agency heads, and other authorized rule-making authorities to evaluate both draft and final recommendations regarding rule formulation, repeal, replacement or modification before such are put out for public notice and comment.

At a minimum, the panel shall provide — among other things — advisement in identifying recommended rules that:

•    eliminate jobs, or inhibit job creation;

•    are outdated, unnecessary or ineffective; and

•    create a serious inconsistency or otherwise interfere with regulatory reform initiatives and policies already in place.

In his Feb. 8th order, Lemanu reinstated Lolo’s 2019 order but rescinded a separate one issued by Lolo in early 2020 that — among other things — transfers function of the panel to the Department of Legal Affairs and that the chair of the panel is the Attorney General.

Lemanu’s order increases members of the panel from 5 to 7. Besides the Lieutenant Governor, the other members are the Attorney General, Office of Budget and Planning director, ASG Treasurer, Administrative Law Judge, Governor, and Executive Director of the American Samoa Economic Development Authority. The members can also have a designee representing themselves on the panel.

According to the order, administrative, logistical and operational functions of the Panel will be placed under the authority of the Lieutenant Governor or his designee. Additionally, the vice chair and secretary shall be selected by the membership.

Within 15-days from the date of the order, Feb. 8th, Lemanu said the head of every agency, commission, or other organization within the Executive branch which has the authority to promulgate rules shall provide the  Panel’s chairman with the name and contact information of the Rule Reform Officer of that agency, commission or other organization.

Lolo’s establishment of the Panel, came on the heels of requests from the Administrative Law Judge at the time, along with other senior ASG officials for the Executive Branch to review current government rules and regulations as some of them may need to be changed, amended, or repealed to meet today’s needs.

AMERICAN SAMOA LAW REVIEW COMMISSION

Samoa News should point out that the Rule Reform Panel deals only with rules and regulations, but not the law — which is the authority vested with the Fono to create new laws, or amend and repeal current ones.

On Tuesday this week the Senate approved in third and final reading a Senate bill to create the American Samoa Law Review Commission, which is to be chaired by Fono members appointed to the commission. The bill has since been transmitted to the House for their review and consideration.

(See Samoa News editions Feb. 3rd and Feb. 9th for details)