2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 17 - Industrial Home-Based Work (§§ 371 — 402) › § 385 - Industrial home-based work regulated—Revocation of permit for violations; review; publication

(a) If the Department has reason to believe that a person having an employer’s or subcontractor’s permit is not observing the provisions of §§ 371—392 of this title, or of any regulation or order authorized by it to be issued by the Department, or the conditions of such permit, the department may, within ten (10) days’ notice, summon such person to appear before it to show cause why the Department should not find that he has failed to observe such provisions and conditions.
(b) If, after such hearing, the Department finds as a fact that such person has failed to comply with the provisions of §§ 371—392 of this title, of his permit, or of a regulation or order issued under authority the Department may revoke the permit of such person, the order of revocation to be effective on a date fixed by the Department which shall not be more than thirty (30) days after the date of its issuance.
(c) Any person who may consider himself aggrieved by an order of the Department revoking a license may, within the term of fifteen (15) days after notice of said order has been served on him file proceedings for review in the Court of First Instance where he may have his place of business, and he shall serve notice on the Secretary of Labor and Human Resources with a copy of the complaint in accordance with the provisions of the Rules of Civil Procedure. Upon service of notice of such action, the Secretary shall file in court, within the term of fifteen (15) days, the complete record of the testimony, evidence, and all the proceedings had on which the order was based. The review by the Court of First Instance shall be limited to questions of law. Findings of fact on which the order may be based shall be conclusive and final, if supported by the evidence. An appeal may be taken to the Supreme Court from the decision of the Court of First Instance within fifteen (15) days after service of notice and registration by the secretary of the court of the service of said decision to the party aggrieved. If no appeal from the decision of the Department revoking the permit is filed within the term in the proper part of the Court of First Instance, the Secretary of Labor and Human Resources may appear in the Court of First Instance, where the person whose permit was revoked has his business, so that the said order may be enforced.
(d) The final order revoking the permit shall be published in one or more newspapers of general circulation in the Commonwealth, or in such other manner as may be deemed appropriate, and it shall state the name of the person who has failed to comply, in the respects stated, with the standards established under authority of §§ 371—392 of this title. Such publication shall further contain an identification of the firm, as well as of the products manufactured or sold by such persons. Neither the Department nor any authorized representative of the Department, nor any newspaper publisher, proprietor, editor, or employee thereof, shall be liable in an action for damages for publishing the name of any person as provided for in §§ 371—392 of this title, unless guilty of some willful misrepresentation.
(e) The Secretary of Labor and Human Resources may file injunction and any other proceedings necessary to enforce the provisions of §§ 371—392 of this title and enforce any orders or rules or regulations promulgated hereunder. The Court of First Instance where the person against whom such action is filed has his place of business shall have cognizance in the case.
History —May 15, 1939, No. 163, p. 812, § 16; May 12, 1949, No. 295, p. 886, § 3.