Gov establishes method to appeal HR decisions for unemployment benefits

Pago Pago, AMERICAN SAMOA — Through a Dec. 11th Executive Order, Gov. Lolo Matalasi Moliga established procedure for administrative appeals before the Office of the Administrative Law Judge for decisions issued by the ASG Human Resources Department relating to two federal unemployment programs for workers, impacted by restrictions of the COVID-19 pandemic.

The first criteria required for unemployment claims under federally funded Pandemic Unemployment Assistance (PUA) and Federal Pandemic Unemployment Compensation (FPUC) is that the employee “must be a U.S citizen, US National or US permanent resident.”

That requirement disqualifies many impacted workers, who are foreign nationals but are legally allowed to live and work in American Samoa. Many of these employees work in the private sector, such as restaurants, hotels and airlines.

ASG Department of Human Resources (DHR), which adopted the Hawaii Employment Security law to administer the two federal programs, has already made determinations regarding certain claimants’ — or workers — after reconsidering its original determination.

Claimants’ were informed by letter, which also includes information on filing an appeal for reconsideration with DHR, Samoa News has learned from many of these claimants who have filed appeals with DHR and are awaiting decisions.

The governor’s executive order, last Friday, noted local law, which states that all appeals from administrative rulings or decisions of any administrative agency of a department of the Executive Branch or ASG shall first be made to the Office of Administrative Law Judge (ALJ).

“For the avoidance of doubt,” the governor ordered that the Office of the ALJ shall have jurisdiction to conduct hearings and issue decisions on appeals of reconsideration of PUA and FPUC benefit determinations issued by DHR.

The order outlined the procedure for claimants to follow in filing an ALJ administrative appeal.

According to the order, if a claimant is denied benefits after submitting an application and disagrees with the “Notice of Determination” of unemployment claim issued by DHR, the claimant may request a final decision, or reconsideration by submitting a Request of Reconsideration Form and all relevant documents to DHR at Room 102 at the A.P. Lutali Executive Office Building, within 10 calendar days after the determination was mailed to the claimant.

Additionally, if a claimant is denied benefits again upon reconsideration and disagrees with the “Notice of Final Decision” of unemployment claim issued by DHR, the claimant may appeal to the ALJ office, located at the Administrative Law Building at Tolu Street, in Tafuna (the former ASG housing complex across from Lions Park), within 10 calendar days after the final decision was mailed to claimant.

Furthermore, the appeals must be filed “directly” with the ALJ office within 10 calendar days from the mailing date of the final reconsideration decision.

The executive order explained that timely appeals must be in writing and must include true and accurate copies of: claimant’s application; Notice of Determination on unemployment claim; and the Notice of Final Decision. Claimants must comply with all filing rules and procedures of the ALJ Office, including a $50 filing fee and applicable service requirements.

It also states that appeals regarding reconsiderations PUA and FPUC benefit determinations before the ALJ, shall be heard on a “de novo” basis within 30 working days of filing or as soon as practicable.

[When a court hears a case de novo, it is deciding the issues without reference to any legal conclusion or assumption made by the previous court to hear the case.]

DHR is also directed — under the order — that within 10 calendar days of signing the executive order (on Dec. 11th), DHR shall reissue any reconsideration decisions issued to date and notify claimants who have received reconsideration decisions of the new appeals’ procedure with the ALJ.

To the extent a claimant had received a reconsideration decision prior to Dec. 11th, the deadline to file an appeal directly with the ALJ shall be measured from the date of the reissued reconsideration decision with updated appeals procedure.

DHR shall also revise any materials publicly available on its website (https://www.americansamoa.gov/department-of-human-resources) and any notices to claimants not yet issued to be consisted with this Executive Order — which is effective immediately and remains in effect until further order of the governor or completion of the PUA and FPUC programs.

DHR website has a section devoted to the PUA and FPUC programs.