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Number: 8405 .

Date: November 20, 2013 . 

Approved: Hon. David E. Bernier Rivera

Attorney General .

[signed] . 

By: Francisco J. Rodríguez Bernier .

Deputy Attorney General . 

[[[Official Seal of the 

Department of Justice] 

COMMONWEALTH OF PUERTO RICO 

DEPARTMENT OF JUSTICE 

REGULATION ON LEGAL COUNSEL AND PAYMENT OF JUDGMENT 

Approved: 

November 12, 2013 

Regulation No.: 

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(c) Final adjudication of the request for the benefit of payment of judgment under Public 

Law No. 104 

(The Attorney General, within the required term of thirty (30) calendar days after the 

filing of the request for the benefit of payment of judgment, and taking into consideration 

the report submitted by the beneficiary’s legal counsel and the communication of the 

corresponding municipality or public corporation, shall issue an Order with his final 

decision regarding whether it is warranted to grant the requested benefit and ordering the 

Commonwealth of Puerto Rico or its corresponding government entity to pay the amount

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of the judgment in accordance with the provisions of Public Law No. 104 and of this 

Regulation. 

(2) In the event that the Attorney General decides not to grant the benefit of payment of 

judgment, the Order will be notified by certified mail to the beneficiary’s recorded 

address and shall include the following information: 

(A) The full name and address of the petitioner. 

(B) A reference to the corresponding action. 

(C) The grounds for denying the benefit of payment of judgment under Public Law 

No. 104. The referenced grounds shall make reference to the statutory or 

regulatory provisions and the facts and evidence that support the denial. 

(D) A notice to the petitioner of his or her right to request reconsideration or 

judicial review of the denial, including the applicable terms for requesting same. 

(3) If the Attorney General decides to grant the benefit of payment of judgment, he shall 

send his Order granting the benefit to the Department of the Treasury, to the 

corresponding public corporation or municipality with the pertinent instructions for the 

disbursement. 

(a) The Department of the Treasury will be responsible for the corresponding 

disbursement when the government entity of the Commonwealth of Puerto Rico 

to which the beneficiary was bound on the date of the events that gave rise to the 

adverse judgment or judicial or extrajudicial settlement is an executive agency, 

the Legislative Branch, the Judicial Branch, or a public instrumentality. 

(b) When the government entity of the Commonwealth of Puerto Rico to which 

the beneficiary was bound on the date of the events that gave rise to the adverse 

judgment or judicial or extrajudicial settlement is a public corporation or a 

municipality, said public corporation or municipality will be responsible for the 

corresponding disbursement. 

(4) If the benefit of payment of judgment is granted, the municipality or public 

corporation affected by that decision of the Attorney General, because said decision could 

potentially compromise funds of said entity, may request reconsideration of said decision 

within a term of twenty (20) days after receipt of the Order. 

(5) If the decision of the Attorney General is upheld, the affected municipality or public 

corporation may file for judicial review with the Court of Appeals within the 

jurisdictional term of thirty (30) days following the date of docketing of the notice of the 

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decision or order. The judicial review will be regulated by the provisions of Public Law 

No. 170, 3 L.P.R.A. § § 2171-2177, and of the Regulations of the Court of Appeals, 4 

L.P.R.A. Ap. XXII-B, R. 56-66 (2004). 

(6) The granting of the benefit of legal counsel under Public Law No. 104 does not bind 

the Attorney General to grant the benefit of payment of judgment under Public Law No. 

104. However, once the Attorney General has also granted the benefit of payment of 

judgment, said benefit may only be revoked in keeping with the procedures provided by 

Article 12 of this Regulation. 

ARTICLE 12 REVOCATION OF THE BENEFITS OF PUBLIC LAW NO. 104 

(a) Grounds for revocation

The Attorney General will have the discretion to revoke the benefits of Public Law No. 

104 at any time while an action is taking place, even during appeal, if he were convinced, 

by clear and convincing evidence, of the existence of any of the following circumstances: 

(1) The beneficiary lied about material facts during the investigation and 

evaluation of the case, or during any stage of same, in order to obtain or preserve 

the benefits of Public Law No. 104. 

(2) The beneficiary knowingly hid relevant information or evidence. 

(3) The beneficiary ceased to actively cooperate with his or her defense. 

(4) The beneficiary waived the benefits of Public Law No. 104. 

(5) The beneficiary’s legal counsel is not able to achieve communication with his 

or her client despite having sent one or more requests to him or her by certified 

mail to his or her last recorded address. 

(6) There is an insurmountable discrepancy between the beneficiary and his or her 

legal counsel regarding the litigation strategy in the case. The following, among 

other things, will be considered insurmountable discrepancies: 

(A) the beneficiary refuses to accept a settlement recommendation made in 

good faith by his or her legal counsel that has been approved by the 

Attorney General; 

(B) the beneficiary contradicts the legal or factual theory of the 

Commonwealth of Puerto Rico or the pertinent government entity; 

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(C) the beneficiary promotes an interest that is adverse to and conflicts 

with the interests of the Commonwealth of Puerto Rico or the government 

entity involved; 

(D) the beneficiary insists in promoting a position that is inconsistent with 

an important public policy that the Department of Justice wishes to 

promote through the action; or 

(C) the beneficiary insists in promoting a position that is inconsistent with 

the public interest. 

(7) The municipality or public corporation for which the beneficiary works has 

filed a request, duly supported, for the revocation of the employee’s benefit. 

(8) After legal counsel or payment of judgment has been granted, the beneficiary 

is convicted of an offense (whether a felony or a misdemeanor), that arises from 

the same actions that give rise to the civil action against him or her. However, the 

Attorney General will have the discretion to uphold the benefit of legal counsel or 

payment of judgment as long at it is in the best public interest and in benefit of the 

interests of the Commonwealth. In the event that the conviction were to arise from 

events that are different and separate from those that give rise to the civil 

complaint against the beneficiary, the Attorney General will evaluate the entirety 

of the events and the evidence, in order to determine whether to revoke the 

benefits of legal counsel or payment of judgment. 

(9) The evidence gathered and presented during the discovery of evidence and the 

litigation shows that the beneficiary does not meet the requirements set forth in 

Article 6 of this Regulation and in Public Law No. 104 in order to be entitled to 

the benefits of Public Law No. 4. 

(b) Duties and obligations of the appointed counsel

The legal counsel appointed by the Department of Justice to represent the beneficiary or 

the Office of the Assistant Secretary of Civil Affairs will be bound to immediately notify 

the Attorney General about the existence of any of the above-stated circumstances that 

warrant the revocation of the benefits of Public Law No. 104. In said case, he or she must 

request the initiation of a new revocation process by issuing a duly-justified 

communication. 

(c) Notification of intention to revoke

When any of the grounds to revoke the benefits of Public Law No. 104 is present, the 

Attorney General will issue a communication notifying the beneficiary of its intention to 

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revoke the benefits. Said letter of intention to revoke the benefits of Public Law No. 104 

will be notified by certified mail sent to the beneficiary’s last recorded address and will 

include the following information: 

(1) The full name, street address, and mailing address of the beneficiary. 

(2) A reference to the pertinent action. 

(3) The grounds for the revocation of the benefits of Public Law No. 104. The 

referenced ground shall make reference to the statutory or regulatory provisions 

and to the facts and evidence that support the revocation. 

(4) A notice about the beneficiary’s right to request, within the non-extendable 

term of fifteen (15) calendar days after the date on which he or she receives the 

letter of intent to revoke, the holding of an informal administrative hearing in 

which he or she will be heard and may present the evidence and arguments that he 

or she deems relevant to establish that the revocation of the benefits is 

unwarranted. 

(5) A notice about the beneficiary’s right to file for judicial review of the final 

decision of the Attorney General with the Court of Appeals, including the 

applicable terms for the filing of same. 

ARTICLE 13 BENEFITS OF PUBLIC LAW NO. 104 FOR THE Attorney General

In the cases in which the Attorney General is a requesting defendant and meets the eligibility 

requirements established in this Regulation, the Governor of the Commonwealth of Puerto Rico, 

with the advice of the Attorney General, shall make the decisions that would usually correspond 

to the Attorney General, pursuant to Public Law No. 104 and this Regulation. 

ARTICLE 14 RECONSIDERATION AND JUDICIAL REVIEW OF AN ADVERSE 

DECISION REGARDING THE BENEFITS OF PUBLIC LAW NO. 104

An Order denying the benefit of legal counsel, an Order revoking the benefit of counsel, 

and an Order denying the payment of judgment will all be considered decisions adverse 

to the petitioner. In the case of municipalities or public corporations whose employees or 

officials are beneficiaries of legal counsel or payment of judgment, it shall be deemed 

that the decision of the Secretary is adverse to the entity when the decision to grant the 

benefit of payment of judgment pursuant to Public Law No. 104 could potentially 

compromise funds of said entity.

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A petitioner who has received an adverse decision may file his or her request for 

reconsideration in writing or may, optionally, request an informal administrative hearing 

to state his or her position. In the cases of officials or employees of a municipality or 

public corporation in which the decision is adverse to the entity, the municipality or 

public corporation may file, in writing only, its request for reconsideration. 

(a) Informal administrative hearing

(1) Requesting an informal administrative hearing

A petitioner or beneficiary who is adversely affected by any of the decisions 

stated above may request, within a term of twenty (20) calendar days after the 

date of docketing of the notice of the decision or order, the holding of an informal 

administrative hearing in which he or she will be heard and may submit the 

evidence and arguments that he or she deems pertinent in order to establish that 

the adverse decision is not warranted. Said request for an informal administrative 

hearing must be made in writing and filed with the Office of the Attorney General, 

and must include the following information: 

(A) The full name, street address, and mailing address of the beneficiary 

or petitioner. 

(B) A reference to the pending action. 

(C) The grounds to request the revocation of the adverse decision. 

(D) A summary of the evidence and arguments to be presented by the 

beneficiary to establish that the revocation of the adverse decision is 

warranted. 

(E) Copy of the documentary evidence, if any, to be presented by the 

beneficiary to establish that the revocation of the adverse decision is 

warranted. 

(F) A list of the witnesses, if any, to be presented by the beneficiary to 

establish that the revocation of the adverse decision is warranted. 

If the Attorney General were to believe that, based on the request for an informal 

administrative hearing itself and the documents that support said request, it is 

warranted for the adverse decision to the petitioner to be left without effect, he 

may notify said final decision to the petitioner or beneficiary without the need to 

carry out an informal administrative hearing.

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(2) Consequences of not requesting an informal administrative hearing

Once the term of twenty (20) calendar days provided in this Article has elapsed 

without a request for an informal administrative hearing, it will be understood that 

the petitioner or beneficiary has waived his or her right to be heard and the 

corresponding decision will be upheld in keeping with Public Law No. 104. 

(3) Examining Officer

If the petitioner or beneficiary makes a timely request for the holding of an 

informal administrative hearing, the Attorney General will appoint an examining 

officer who: 

(A) must be impartial; 

(B) will preside the informal administrative hearing; 

(C) will receive the evidence and arguments that the beneficiary decides to 

present; 

(D) will evaluate the entire administrative record of the case; and 

(E) will issue a recommendation to the Attorney General, duly supported 

by the administrative record, on whether the adverse decision to the 

petitioner should or should not be revoked. 

(4) Holding the informal administrative hearing

(A) The examining officer will notify the petitioner or beneficiary in 

writing about the holding of the informal administrative hearing within the 

term of twenty (20) days prior to the date of the hearing. 

(B) The notification about the holding of the informal administrative 

hearing shall contain the following information: 

(i) the day, place, and time of the informal administrative hearing; 

(ii) a notice of the measures that the Department may take if the 

petitioner does not attend the hearing, including a possible entry of 

default and upholding of the final decision; 

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(iii) A notice to the beneficiary about the fact that the hearing 

cannot be suspended except due to an event of force majeure that 

prevents him or her from appearing at same; 

(iv) a notice to the beneficiary about his or her right to respond to 

the adverse decision pursuant to Public Law No. 104 and to 

explain, in person or in writing, the reasons for which it is not 

warranted. 

(C) The informal administrative hearing will be an informal process; it 

will not be an adversative or formal hearing, therefore the Rules of 

Evidence and the Rules of Civil Procedure will not be applicable. The 

beneficiary will not have the right to carry out a discovery of evidence. 

(D) The petitioner may appear assisted by an attorney. However, the 

participation of said attorney will be limited to advising the petitioner and 

the attorney will not be allowed to plead during the hearing process. 

(E) The beneficiary will be allowed to record the informal administrative 

hearing if he or she wishes to do so. 

(F) In the case of officials or employees of a municipality or public 

corporation, the examining officer may, if he or she deems it pertinent, 

grant an opportunity to the municipality or public corporation to submit, in 

writing, his or her position regarding the decision being questioned. 

(5) Recommendation of the examining officer

After the informal administrative hearing has been held, the examining officer 

will issue a recommendation to the Attorney General, duly supported by the 

administrative record, about whether it is warranted or unwarranted to revoke the 

adverse decision to the petitioner. 

(6) Final decision

 The Attorney General, taking into consideration the recommendation of the 

examining officer, will issue an Order with his final decision about the revocation 

of the adverse decision. Said Order will be notified to the petitioner’s or 

beneficiary’s recorded address and will include the following information: 

(1) The full name, street address, and mailing address of the beneficiary. 

(2) A reference to the pertinent action.

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(3) The grounds for the decision. The referenced grounds will make reference to 

the statutory or regulatory provisions and to the facts and evidence that support 

the decision, including a statement of the findings of fact and conclusions of law 

that serve as the basis for the decision of the Attorney General. If the Attorney 

General does not accept the recommendation of the examining officer, the 

Attorney General shall explain and justify his decision. 

(4) A notice to the petitioner about his or her right to request reconsideration or 

judicial review of the decision, including the applicable terms to request same. 

(5) In the case of officials or employees of a municipality or public corporation, 

the final Order will be notified to the corresponding municipality or public 

corporation. 

(b) Reconsideration

Any Public Law No. 104 petitioner or beneficiary who is adversely affected by a final 

Order issued by the Attorney General in keeping with the provisions of this Regulation 

and of Public Law No. 104 may file a request for reconsideration with the Office of the 

Attorney General within a term of twenty (20) calendar days after the date of docketing 

of the notice of the decision or order. The request for reconsideration will be regulated by 

the provisions of Section 3.15 of Public Law No. 170, 3 L.P.R.A. § § 2165. 

(c) Judicial review

Any Public Law No. 104 petitioner or beneficiary who is adversely affected by a final 

Order issued by the Attorney General in accordance with the provisions of this 

Regulation and of Public Law No. 104 may file for judicial review with the Court of 

Appeals within the jurisdictional term of thirty (30) days after the date of docketing of the 

copy of the notice of the final order or decision. The judicial review will be governed by 

the provisions of Sections 4.1-4.7 of Public Law No. 170, 3 L.P.R.A. § § 2171-2177, and 

of the Regulations of the Court of Appeals, 4 L.P.R.A. Ap. XXII-B, R. 56-66 (2007). 

(d) Legal counsel during judicial review

Once a petition for judicial review has been filed, the Attorney General will be bound to 

continue to represent a Public Law No. 104 beneficiary through private practice 

attorneys, in accordance with the provisions of this Regulation. To do this, the beneficiary 

must file a request in writing to the Attorney General, Coordination Division, Public Law 

9 and Contracts, and to his or her legal counsel, notifying the filing of a petition for 

judicial review and his or her interest in being referred to a private practice attorney. The 

Attorney General will refer the beneficiary’s legal counsel to a private practice attorney 

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chosen by the Attorney General within the required term of ten (10) calendar days after 

receipt of said request. Simultaneously, the Attorney General will notify the beneficiary 

about the referral. Said legal counsel will continue until the eventual final decision about 

the matter becomes final and binding. In the event that the final decision is adverse to the 

Public Law No. 104 beneficiary, he or she will be bound to reimburse to the 

Commonwealth of Puerto Rico all of the expenses incurred in his or her legal counsel, 

including the expenses incurred by both parties in the processing of the judicial review.

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CERTIFICATE OF TRANSLATION 

SPANISH TO ENGLISH 

DOCUMENT: Selected pages of the Regulation on Legal Counsel and Payment of Judgment of the Puerto Rico 

Department of Justice (original document provided for translation consisting of 11 pages)

 

 

The undersigned, Margot A. Acevedo Chabert, USCCI, hereby certifies that she has been actively engaged as a 

professional translator (English <> Spanish) certified by the Administrative Office of the United States Courts since 

2006 (Certificate No. 06-001), that she has an MA in Translation from the University of Puerto Rico, and that to the 

best of her knowledge and understanding, the attached document is a true and correct translation of the original text 

provided for translation. 

In Milwaukee, WI, on November 9, 2018

Margot A. Acevedo Chabert, USCCI 

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(c) Adjudicaci6n final de Ia solicitud del beneficio de pago de sentencia bajo la Ley

Num.104

(1) El Secretario de Justicia, dentro del termino directivo de treinta (30) dias

calendario contados a paitir de la presentacion de la solicitud del beneficio de

pago de sentencia, y tomando en consideraci6n el informe presentado por el

abogado del beneficiaifo y la comunicaci6n del municipio o corporaci6n publica

co1Tespondiente, emitira una Resoluci6n con su determinaci6n final sobre si

precede conceder el beneficio solicitado y que el Estado Libre Asociado de Puerto

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determinaci6n final sobre el asunto advenga final y firme. En caso de que la 

detenninaci6n final y firme sea adversa al beneficiario de Ley Nt.'im. 104, este estara 

obligado a restituir al Estado Libre Asociado de Puerto Rico todos los gastos incurridos 

en su representaci6n legal, incluyendo los gastos incunidos por ambas partes en la 

trarnitaci6n del recurso de revision judicial. 

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