reglab/statecodes huggingface dataset:
2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART VIII - Public Planning II (§§ 9011 — 9047) › Chapter 230 - Puerto Rico Permit Process Reform Act (§§ 9011 — 9028i) › Subchapter XI - Land Use and Permit Reviewing Board (§§ 9021 — 9021l) › § 9021g - Procurement

The Reviewing Board shall be exempted from the application of the provisions of §§ 931 et seq. of Title 3, known as the “General Services Administration Act”. In compliance with the provisions of this chapter, the Reviewing Board shall establish by regulation to that effect, its own system to procure supplies and ancillary services, within norms that assure sound fiscal management, economy, and efficiency.
History —Dec. 1, 2009, No. 161, § 11.8.
2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART VIII - Public Planning II (§§ 9011 — 9047) › Chapter 230 - Puerto Rico Permit Process Reform Act (§§ 9011 — 9028i) › Subchapter XI - Land Use and Permit Reviewing Board (§§ 9021 — 9021l) › § 9021h - Special Reviewing Board Fund

All payments received by the Reviewing Board as established in this chapter shall be covered into a Special Fund created for such purposes by the Secretary of the Department of the Treasury, in order to defray regular operating expenses of the Reviewing Board for a particular fiscal year, any surplus thereof shall be transferred to the General Fund of such year.
History —Dec. 1, 2009, No. 161, § 11.9.
2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART VIII - Public Planning II (§§ 9011 — 9047) › Chapter 230 - Puerto Rico Permit Process Reform Act (§§ 9011 — 9028i) › Subchapter XI - Land Use and Permit Reviewing Board (§§ 9021 — 9021l) › § 9021i - Budget

The funds necessary for the Reviewing Board to comply with the purposes of this chapter for the present fiscal year and subsequent fiscal years shall be consigned annually in the Government of Puerto Rico General Expense Budget Act. Any money received by the Reviewing Board in carrying out its task of enforcing the provisions of this chapter shall be covered into a Special Fund to be created by the Secretary of the Department of the Treasury in the name of the Reviewing Board.
History —Dec. 1, 2009, No. 161, § 11.10.
2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART VIII - Public Planning II (§§ 9011 — 9047) › Chapter 230 - Puerto Rico Permit Process Reform Act (§§ 9011 — 9028i) › Subchapter XI - Land Use and Permit Reviewing Board (§§ 9021 — 9021l) › § 9021j - Succession and present appointments

For all legal purposes, the Land Use and Permit Reviewing Board shall be the successor of the Board of Appeals on Construction and Lot Division created under former §§ 71 et seq. of this title. The present members of the Board of Appeals on Construction and Lot Division shall remain as associate members for the term they were appointed or until the Governor appoints their successors. The staff of the Board of Appeals on Construction and Lot Division that on the effective date of this act is holding a regular position in the career service shall be transferred to the Reviewing Board with the said status. Likewise, the staff so transferred shall keep their vested rights as well as those pertaining to the retirement system or savings and loan plans of which they have availed themselves at the time of the approval of this act. Trust-position employees who as of the effective date of this act are entitled to reinstatement pursuant to applicable legal provisions shall keep such right and remain in office until their reinstatement.
History —Dec. 1, 2009, No. 161, § 11.11.
2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART VIII - Public Planning II (§§ 9011 — 9047) › Chapter 230 - Puerto Rico Permit Process Reform Act (§§ 9011 — 9028i) › Subchapter XI - Land Use and Permit Reviewing Board (§§ 9021 — 9021l) › § 9021k - Transfer of property

As of the date of effectiveness of this act, any property or interest therein, records, files, and documents, funds already appropriated or to be available in the future, including any surplus, assets, and accounts receivable of any kind, liabilities, and contracts of any kind; licenses, permits, and other authorizations are hereby transferred from the Board of Appeals on Construction and Lot Division to the Reviewing Board to be used by the latter for the purposes of this chapter.
History —Dec. 1, 2009, No. 161, § 11.12.
2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART VIII - Public Planning II (§§ 9011 — 9047) › Chapter 230 - Puerto Rico Permit Process Reform Act (§§ 9011 — 9028i) › Subchapter XI - Land Use and Permit Reviewing Board (§§ 9021 — 9021l) › § 9021l - Transfer of cases pending before the Board of Appeals on Construction and Lot Division

As of the date of effectiveness of this act, any cases pending resolution before the Board of Appeals on Construction and Lot Division, including determinations made by autonomous municipalities, which as of the date of effectiveness of this act had been appealed before the Board of Appeals on Construction and Lot Division, shall be transferred to the Reviewing Board for the resolution thereof, pursuant to the provisions of the laws and regulations in effect at the time of filing the application for authorization subject to the review.
History —Dec. 1, 2009, No. 161, § 11.13.
2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART VIII - Public Planning II (§§ 9011 — 9047) › Chapter 230 - Puerto Rico Permit Process Reform Act (§§ 9011 — 9028i) › Subchapter XII - Procedure Before the Land Use and Permit Reviewing Board (§§ 9022 — 9022f) › § 9022 - Term for review

Any party adversely affected by an action, final determination or resolution of the Management Office, the Adjudicatory Board, the autonomous municipalities with I to V granted hierarchy, or an authorized professional may resort to the Reviewing Board and request an administrative review within the jurisdictional term of twenty (20) days as of the filing in the record of the case, a copy of the notice of such action, final determination or resolution of the Management Office, the Adjudicatory Board, the autonomous municipalities with I to V granted hierarchy, or an authorized professional. Once the request for administrative review is filed, the Management Office, the authorized professional, the Adjudicatory Board or the autonomous municipality with I to V granted hierarchy shall forward a certified copy of the record of the case to the Reviewing Board within ten (10) calendar days as of the filing of the review.
History —Dec. 1, 2009, No. 161, § 12.1.
2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART VIII - Public Planning II (§§ 9011 — 9047) › Chapter 230 - Puerto Rico Permit Process Reform Act (§§ 9011 — 9028i) › Subchapter XII - Procedure Before the Land Use and Permit Reviewing Board (§§ 9022 — 9022f) › § 9022a - Notice of the review

The adversely affected party shall send a copy of the request for administrative review to the Management Office, the Adjudicatory Board, the autonomous municipalities with I to V granted hierarchy, or the authorized professional, as applicable, the parties, and any authorized interveners within forty-eight (48) hours after filing the recourse for administrative review set forth in § 9022 of this title. This requirement is jurisdictional in nature. In such writ for review, the appellant shall certify to the Reviewing Board that it complies with said requirement. The notice may be made by mail or any other electronic means as established in the bylaws.
History —Dec. 1, 2009, No. 161, § 12.2.
2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART VIII - Public Planning II (§§ 9011 — 9047) › Chapter 230 - Puerto Rico Permit Process Reform Act (§§ 9011 — 9028i) › Subchapter XII - Procedure Before the Land Use and Permit Reviewing Board (§§ 9022 — 9022f) › § 9022b - Suspension of a final determination

The Reviewing Board may issue an order to suspend, stay or cease and desist the effectiveness of an action, final determination or resolution and related processes before the Permit Management Office, the Adjudicatory Board, the autonomous municipalities with I to V granted hierarchy, or an authorized professional whose action, final determination or resolution is being reviewed, either motu proprio or by petition of a party, if the Reviewing Board determines that irreparable harm would be caused if said suspension is not granted, such as authorizing a demolition or a building permit. Said order may not stay any administrative actions that do not cause irreparable harm, such as an application for the evaluation of a project draft or preliminary development.
History —Dec. 1, 2009, No. 161, § 12.3.
2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART VIII - Public Planning II (§§ 9011 — 9047) › Chapter 230 - Puerto Rico Permit Process Reform Act (§§ 9011 — 9028i) › Subchapter XII - Procedure Before the Land Use and Permit Reviewing Board (§§ 9022 — 9022f) › § 9022c - Procedure; hearing

When reviewing the actions, final determinations and resolutions of the Permit Management Office, the Adjudicatory Board, the authorized professional or the autonomous municipality with I to V granted hierarchy, the Reviewing Board shall issue its decision with respect to the recourse within a term of one hundred and twenty (120) calendar days. Said term may be extended for an additional term of thirty (30) days as of the filing of the recourse, in special cases, as provided in the bylaws. The Reviewing Board shall issue its decision, after which any interested party may resort to the Supreme Court by means of a writ of certiorari, pursuant to the provisions of Subchapter XIII of this chapter.
If the Reviewing Board fails to resolve the administrative review within the term provided herein, the request for review shall be deemed to be denied outright. The Reviewing Board shall lose jurisdiction over the request for review and the reviewed determination shall be deemed to be confirmed. Once such term elapses, the term of thirty (30) days to resort to the Supreme Court shall begin to count, pursuant to the provisions of Subchapter XIII of this chapter.
When reviewing the actions, final determinations or resolutions of the Permit Management Office, the Adjudicatory Board or the autonomous municipalities with I to V granted hierarchy regarding matters that are discretionary in nature, the Reviewing Board shall hold a hearing on its own initiative or by petition of any party, in which the Board may receive additional proof that could lead it to adjudicate the case. In cases that are ministerial in nature, the Reviewing Board may hold a hearing.
If the hearing is thus held, the parties shall be previously notified, as they appear in the case file, as established in the bylaws.
History —Dec. 1, 2009, No. 161, § 12.4.
2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART VIII - Public Planning II (§§ 9011 — 9047) › Chapter 230 - Puerto Rico Permit Process Reform Act (§§ 9011 — 9028i) › Subchapter XII - Procedure Before the Land Use and Permit Reviewing Board (§§ 9022 — 9022f) › § 9022d - Reviewing standard

The actions, final determinations, or resolutions of the Permit Management Office, the Adjudicatory Board, Autonomous Municipalities with I to V granted hierarchy, or an authorized professional, as applicable, shall be upheld if the same are based upon substantial evidence included in the administrative record, and findings of fact and conclusions of law shall be reviewable in all their aspects by the Reviewing Board. In the specific case of final determinations that correspond to ministerial applications, the provisions of §§ 9017b and 9018f of this title shall apply. In any case, the Reviewing Board and the Supreme Court shall show deference to the expertise of the Permit Management Office, the Adjudicatory Board, the Autonomous Municipalities with I to V granted hierarchy, or the authorized professional, as the case may be.
History —Dec. 1, 2009, No. 161, § 12.5; Nov. 23, 2010, No. 175, § 10.
2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART VIII - Public Planning II (§§ 9011 — 9047) › Chapter 230 - Puerto Rico Permit Process Reform Act (§§ 9011 — 9028i) › Subchapter XII - Procedure Before the Land Use and Permit Reviewing Board (§§ 9022 — 9022f) › § 9022e - Notice

Once an issue under consideration by the Reviewing Board is adjudicated, the resolution shall include findings of fact and conclusions of law, and such resolution shall be notified to the interested parties and a copy shall be forwarded to the Permit Management Office, the authorized professional, the autonomous municipality, and the Planning Board, as may be established by regulation. The party adversely affected by a resolution notice issued by the Reviewing Board may file a writ of certiorari, as provided in Subchapter XIII of this chapter.
History —Dec. 1, 2009, No. 161, § 12.6.
2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART VIII - Public Planning II (§§ 9011 — 9047) › Chapter 230 - Puerto Rico Permit Process Reform Act (§§ 9011 — 9028i) › Subchapter XII - Procedure Before the Land Use and Permit Reviewing Board (§§ 9022 — 9022f) › § 9022f - Reconsideration

Any party that is adversely affected by a resolution of the Reviewing Board in an issue discretionary in nature may file a motion for reconsideration within fifteen (15) calendar days after the copy of the resolution notice is filed in the record of the case. If such date is different from that of the filing in the record of the case, such term shall begin to count as of the date said notice is mailed or transmitted by any electronic means, whichever is first, as established by regulation. The adversely affected party that files a motion for reconsideration before the Reviewing Board shall notify all the parties about such motion by certified mail with return receipt requested or by any electronic means. Ten (10) calendar days after filing the motion for reconsideration, the complainee shall file his/her objection and the Reviewing Board shall rule over the same within thirty (30) calendar days following the date that the motion for reconsideration was duly filed by the adversely affected party. If the Reviewing Board comes to a determination with respect to the issue under its consideration, the term to resort to the Supreme Court shall begin to count as of the date on which a copy of the notice to the parties on the decision of the Reviewing Board resolving such motion for reconsideration is filed in the record of the case. If the Reviewing Board fails to take any action with respect to the motion for reconsideration within thirty (30) days after such motion was filed, it shall be understood that it has been denied outright and the term to resort to the Supreme Court shall begin to count after the thirty (30)-calendar-day-term to resolve the motion for reconsideration has elapsed. The above mentioned terms shall not be extendable. The filing of more than one motion for reconsideration by the same party shall not be permitted, should the first one be denied.
History —Dec. 1, 2009, No. 161, § 12.7.
2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART VIII - Public Planning II (§§ 9011 — 9047) › Chapter 230 - Puerto Rico Permit Process Reform Act (§§ 9011 — 9028i) › Subchapter XIII - Procedure Before the Supreme Court (§§ 9023 — 9023e) › § 9023 - Term to resort to the Supreme Court

Any party adversely affected by a resolution of the Reviewing Board shall have thirty (30) calendar days to file a writ of certiorari before the Supreme Court. The term provided herein is jurisdictional in nature. If the Supreme Court so requests, the Reviewing Board shall remit the Supreme Court the record of the case within ten (10) calendar days following the filing of the writ.
History —Dec. 1, 2009, No. 161, § 13.1.
2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART VIII - Public Planning II (§§ 9011 — 9047) › Chapter 230 - Puerto Rico Permit Process Reform Act (§§ 9011 — 9028i) › Subchapter XIII - Procedure Before the Supreme Court (§§ 9023 — 9023e) › § 9023a - Notice of the writ

The appellant party shall notify all the parties, including the Permit Management Office, the Adjudicatory Board, the autonomous municipality with I to V granted hierarchy or the authorized professional, as applicable, and to the Reviewing Board, with a copy of the evidence of having filed a writ of certiorari on the same day such writ is filed, following the procedure established in the Joint Regulation. This requirement is jurisdictional in nature. In the writ, the appellant party shall certify to the Supreme Court that it has complied with such requirement. The notice may be made by mail or any electronic means established by law or regulations.
History —Dec. 1, 2009, No. 161, § 13.2.
2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART VIII - Public Planning II (§§ 9011 — 9047) › Chapter 230 - Puerto Rico Permit Process Reform Act (§§ 9011 — 9028i) › Subchapter XIII - Procedure Before the Supreme Court (§§ 9023 — 9023e) › § 9023b - Suspension of a final determination

The Supreme Court may order the suspension of the appealed resolution and the procedures related to the same either motu proprio or by petition of a party, if the Supreme Court determines that irreparable harm would be caused should the suspension not be granted. Said order may not stay any administrative actions that cause no irreparable harm, such as an application for the evaluation of a project draft or preliminary project.
History —Dec. 1, 2009, No. 161, § 13.3.
2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART VIII - Public Planning II (§§ 9011 — 9047) › Chapter 230 - Puerto Rico Permit Process Reform Act (§§ 9011 — 9028i) › Subchapter XIII - Procedure Before the Supreme Court (§§ 9023 — 9023e) › § 9023c - Reviewing standard

The action, final determination or resolution of the Permit Management Office, the Adjudicatory Board, the autonomous municipality with I to V granted hierarchy, the authorized professional or the Reviewing Board shall be upheld by the Supreme Court if the same is based upon substantial evidence included in the record. Conclusions of law shall be reviewable in all their aspects.
History —Dec. 1, 2009, No. 161, § 13.4.
2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART VIII - Public Planning II (§§ 9011 — 9047) › Chapter 230 - Puerto Rico Permit Process Reform Act (§§ 9011 — 9028i) › Subchapter XIII - Procedure Before the Supreme Court (§§ 9023 — 9023e) › § 9023d - Reconsideration

Each party shall be entitled to file one (1) motion for reconsideration before the Supreme Court.
History —Dec. 1, 2009, No. 161, § 13.5.
2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART VIII - Public Planning II (§§ 9011 — 9047) › Chapter 230 - Puerto Rico Permit Process Reform Act (§§ 9011 — 9028i) › Subchapter XIII - Procedure Before the Supreme Court (§§ 9023 — 9023e) › § 9023e - Imposition of costs and sanctions

Costs shall be awarded in favor of the prevailing party. If the Supreme Court determines that the writ before its consideration is frivolous or that it has been filed to delay the procedures, the court shall deny or dismiss the same, as the case may be, and impose to the complainant party or its attorneys the costs, expenses, attorney fees and financial penalty it deems appropriate, which shall show to the extent possible the costs of such delay for the Commonwealth and the respondent caused by filing the writ, pursuant to the guidelines established by the Supreme Court. In the event that either the complainant or the respondent is represented by a community group, entity or spokesperson, the latter shall be severally responsible for the sanctions imposed to such party.
History —Dec. 1, 2009, No. 161, § 13.6.
2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART VIII - Public Planning II (§§ 9011 — 9047) › Chapter 230 - Puerto Rico Permit Process Reform Act (§§ 9011 — 9028i) › Subchapter XIV - Procedure to File Complaints and Other Provisions Before the Court of First Instance (§§ 9024 — 9024e) › § 9024 - Exclusive recourses

Except as provided in Subchapter X of this chapter, only the administrative and judicial review procedures described in Subchapters XII and XIII of this chapter shall apply and be available to call into question the actions, final determinations or resolutions of the Permit Management Office, the Adjudicatory Board, an autonomous municipality with I to V granted hierarchy or an authorized professional pursuant to this chapter. If any other agency, dependency or instrumentality of the Government of Puerto Rico representing the public interest or a private person (whether natural or juridical) with or without proprietary interest, or neighbor, owner or tenant of an adjacent property, whose personal interest is adversely or substantially affected, may file a complaint alleging a violation of a law or regulation before the Office of the Chief Permit Inspector, subject to the provisions of Subchapters X and XIV of this chapter.
In cases where the property in controversy is located in an autonomous municipality with I to V granted hierarchy, the complaint shall be filed before such municipality. In the event that such property is located in more than one municipality, the complaint shall be filed before the municipality that has granted the permit.
History —Dec. 1, 2009, No. 161, § 14.1.
2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART VIII - Public Planning II (§§ 9011 — 9047) › Chapter 230 - Puerto Rico Permit Process Reform Act (§§ 9011 — 9028i) › Subchapter XIV - Procedure to File Complaints and Other Provisions Before the Court of First Instance (§§ 9024 — 9024e) › § 9024a - Judicial proceeding to request the revocation of permits or the stay of works or use; the Chief Permit Inspector; bond requirement

In such cases, in response to a complaint such as the one described in § 9024 of this title, the Chief Permit Inspector shall have fifteen (15) business days to investigate the same. If, after conducting the corresponding investigation, the Chief Permit Inspector decides to exercise his/her powers pursuant to subchapter X of this chapter, he/she may request the revocation of the permit or the stay of the construction work or use that is allegedly not authorized by the Permit Management Office, the Adjudicatory Board, the authorized professional, or the Autonomous Municipality with I to V granted hierarchy, provided that the same is not in conflict with § 9020i of this title, in which case he/she shall resort to the Court of First Instance to request a court order to such effect. However, if the Chief Permit Inspector fails to take action within the term of fifteen (15) business days provided herein, the complainant may resort to the Court of First Instance to request the aforementioned remedies. In any case, the Court of First Instance shall hold a hearing within a term not to exceed ten (10) calendar days following the filing of the writ and prior to granting the remedies requested, and shall pronounce judgment within a term not greater than twenty (20) calendar days as of the filing of the complaint. In the event that, for any reason, the court issues an order granting the remedies requested without duly notifying the parties and/or having previously held a hearing, such court order shall not be valid nor shall it have any effect or be enforceable until the petitioner posts a bond that is sufficient to cover all damages this could cause to the respondent if, at the end of the judicial proceeding, the cause for action initiated by the petitioner is not in order. In any case, the factors established in the Joint Permit Regulation, following reasonable criteria, and the Court of First Instance shall not accept the posting of a bond from an insurance or bonding company that fails to clearly establish that it has sufficient solvency and financial capacity to respond for all damages, according to the computation of possible damages made by the Court.
History —Dec. 1, 2009, No. 161, § 14.2; Nov. 23, 2010, No. 175, § 11.
2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART VIII - Public Planning II (§§ 9011 — 9047) › Chapter 230 - Puerto Rico Permit Process Reform Act (§§ 9011 — 9028i) › Subchapter XIV - Procedure to File Complaints and Other Provisions Before the Court of First Instance (§§ 9024 — 9024e) › § 9024b - Applicable procedure in cases of serious, imminent, and immediate danger to public health or safety; immediate cease and desist orders; agencies and other public instrumentalities

In cases in which there is serious, imminent, and immediate danger to the health or safety of persons or the environment, that may not be otherwise prevented but by taking immediate action, the concerned government entities and the Office of the Inspector may issue provisional cease and desist orders when deemed necessary, without the previous intervention or authorization of the court or the Chief Permit Inspector, following the criteria to be established by regulation. The order shall be subject to the following: a provisional administrative cease and desist order issued under such circumstances shall lose effectiveness, efficiency and value and shall not be enforceable ten (10) calendar days after its issuance by the concerned government entity or the Chief Permit Inspector, except that the Court of First Instance of the Government of Puerto Rico, by petition of the concerned government entity or the Chief Permit Inspector, holds an evidentiary hearing and determines the need for extending the effectiveness thereof for up to a maximum additional term of twenty (20) calendar days through a court order or resolution. If the circumstances and conditions that led the court to issue a stay or cease and desist order continue, the interested party may request such forum an extension thereof, before the previous order expires. In all other cases, the procedure established in §§ 9024 and 9024a of this title or in other subchapters of this chapter, as applicable, shall be followed.
History —Dec. 1, 2009, No. 161, § 14.3.
2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART VIII - Public Planning II (§§ 9011 — 9047) › Chapter 230 - Puerto Rico Permit Process Reform Act (§§ 9011 — 9028i) › Subchapter XIV - Procedure to File Complaints and Other Provisions Before the Court of First Instance (§§ 9024 — 9024e) › § 9024d - Administrative fines

Subject to the provisions of § 9024c of this title, the Office of the Chief Permit Inspector has the authority to issue administrative fines to any natural or juridical person who:
(a) Violates this chapter, the adopted Joint Permit Regulation, the permits or conditions of the permits issued thereunder or the Planning Regulations or any other applicable law. The administrative fines shall not exceed fifty thousand dollars ($50,000) for each infraction, being it understood that every day the infraction persists shall be deemed as an independent violation.
(b) Fails to comply with any resolution, order or decision issued. The administrative fines shall not exceed fifty thousand dollars ($50,000) for each infraction, being it understood that every day the infraction persists shall be deemed as an independent violation.
(c) Has been found to be in contempt of court in committing or continuing the actions in violation of this chapter or the regulations adopted thereunder or the Planning Regulations, the Office of the Chief Permit Inspector, in the exercise of his/her discretion, may impose an additional administrative fine of up to a maximum of one hundred thousand dollars ($100,000) for each violation.
(d) The administrative fines imposed by means of this chapter shall also apply to any person who obstructs, limits, paralyzes, or invades, without legal authorization, a building or authorized use activity pursuant to the provisions of this chapter.
The Office of the Chief Permit Inspector shall establish through the Joint Permit Regulation the standards and procedures to impose the administrative fines established in subsections (a)—(d) of this section, based on the seriousness of the violation, the duration of the violation, recidivism, or the financial benefit derived from committing the violation, and the risk posed or the damage caused to the health and/or safety as a result of the violation. The sum of all administrative fines imposed by the Office of the Chief Permit Inspector under the provisions of this chapter shall be covered into the Special Fund that the Secretary of the Department of the Treasury shall establish in favor of the Office of the Chief Permit Inspector, pursuant to § 9020p of this title. The authority to impose administrative fines granted to the Office of the Chief Permit Inspector does not substitute or lessens the authority of any of the concerned government entities to initiate any judicial proceeding, whether civil or criminal, that may apply.
History —Dec. 1, 2009, No. 161, § 14.5.
2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART VIII - Public Planning II (§§ 9011 — 9047) › Chapter 230 - Puerto Rico Permit Process Reform Act (§§ 9011 — 9028i) › Subchapter XIV - Procedure to File Complaints and Other Provisions Before the Court of First Instance (§§ 9024 — 9024e) › § 9024e - Procedure for administrative fines

Subject to the provisions of §§ 9024c and 9024d of this title, the procedure established in this section shall be employed by the Chief Permit Inspector, the autonomous municipalities with I to V granted hierarchy, and the concerned government entities, subject to their corresponding jurisdiction.
(a) The Chief Permit Inspector, the concerned government entities, and the autonomous municipalities with I to V granted hierarchy, or their authorized representatives, may issue administrative fines to public entities or to natural or juridical persons who violate or fail to comply with any of the provisions of this chapter, any restriction, regulation or order adopted under this chapter or other laws, within their scope of jurisdiction. The procedure to issue such fines shall be established through the Joint Permit Regulation.
(b) In the establishment of this procedure, the Chief Permit Inspector, the concerned government entities, and the autonomous municipalities with I to V granted hierarchy, or their authorized representatives, may avail themselves of the services of their officials and employees, and of the police force to issue administrative fine tickets. The forms for such tickets shall be prepared, pre-printed, individually identified, and distributed according to the regulation that the Office of the Chief Permit Inspector shall promulgate for such purposes. The person who issues the ticket shall sign it and clearly state therein the alleged administrative offense, the legal provision violated, the date on which the ticket was given, and the sum to be paid for the administrative fine.
(c) The representative of the Chief Permit Inspector, the concerned government entities or the autonomous municipalities with I to V granted hierarchy, shall give a copy of the ticket to the person in charge of the property, be it the owner, broker, employee, the person in charge, assignee, tenant or successor. The instructions on how to request reconsideration and review recourse, as well as the information required in subsection (b) of this section, shall be on the back of the copy so given.
History —Dec. 1, 2009, No. 161, § 14.6.
2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART VIII - Public Planning II (§§ 9011 — 9047) › Chapter 230 - Puerto Rico Permit Process Reform Act (§§ 9011 — 9028i) › Subchapter XV - Joint Permit Regulation for Construction Works and Land Use (§§ 9025 — 9025a) › § 9025a - Participation and intervention

The Joint Permit Regulation shall establish the criteria, terms, and procedures regarding the participation in the evaluation process of final determinations, permits, as well as any other adjudicatory procedure required under the provisions of this chapter and subject to provisions in § 9011 of this title. For the ends and purposes of this chapter and its Regulation, no one shall be entitled to intervene solely on the grounds of being part of the same industry or business; (b) participating in a proceeding without timely requesting intervention through the mechanisms provided, even when such participation is continuous, active or repeated; (c) appearing in a public proceeding; (d) giving testimony in a public proceeding; (e) furnishing documentary evidence; or (f) participating in a public proceeding as amicus curiae. The request for intervention shall be granted if any of the following criteria is met: (i) there are no other legal recourses for the petitioner to be able to properly protect his/her interest; (ii) the interest of the petitioner is not properly represented by the parties in the proceeding; (iii) the interest of the petitioner may be substantially affected by the proceeding; and (iv) if applicable, the petitioner represents or is the spokesperson for other community groups or entities which may be substantially affected by the action, final determination or resolution of the Permit Management Office, the Adjudicatory Board, and the autonomous municipalities with I to V granted hierarchy. The Permit Management Office, the Adjudicatory Board, and the autonomous municipalities with I to V granted hierarchy may require the petitioner to submit additional evidence to be able to issue the corresponding determination regarding the request for intervention. If these decide to deny the request for intervention in an adjudicative proceeding, they shall notify their determination in writing to the petitioner and shall include the grounds thereof, and shall advise the petitioner of his/her right to appeal the same when the adjudicatory proceedings before the Reviewing Board on the request for intervention has ended, in compliance with the requirements established in Subchapter XII of this chapter. The provisions of this section shall not apply to such persons who wish to comment on an EIS relative to a permit, but rather, the provisions of § 9018d of this title shall apply in these cases.
History —Dec. 1, 2009, No. 161, § 15.2.
2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART VIII - Public Planning II (§§ 9011 — 9047) › Chapter 230 - Puerto Rico Permit Process Reform Act (§§ 9011 — 9028i) › Subchapter XVI - Certification of Plans and Documents (§§ 9026 — 9026a) › § 9026 - Certification of plans and documents

The Chief Permit Inspector is hereby empowered to adjudicate any complaint and impose fines and sanctions related to the certification of plans and documents for such actions that contravene the applicable laws and regulations, including §§ 42a—42i of this title. Such fines, sanctions, and penalties to be imposed for such actions shall be provided for in this chapter.
The Green Permit application shall enclose a plan certifying and proving that the design complies with the green design pre-qualification established in the Joint Permit Regulation guidelines.
History —Dec. 1, 2009, No. 161, § 16.1.
2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART VIII - Public Planning II (§§ 9011 — 9047) › Chapter 230 - Puerto Rico Permit Process Reform Act (§§ 9011 — 9028i) › Subchapter XVI - Certification of Plans and Documents (§§ 9026 — 9026a) › § 9026a - Duty to report

Provided that the Office of the Chief Permit Inspector establishes the liability for any violation of this chapter or any applicable law by any professional who certifies plans or documents or the inspection of a construction work, the Chief Permit Inspector shall notify the Department of Justice, the Planning Board, the College of Engineers and Land Surveyors of Puerto Rico, the Board of Examiners of Engineers and Land Surveyors of Puerto Rico, the Board of Examiners of Architects and Landscape Architects of Puerto Rico, the Board of Examiners of Geologists, the Board of Examiners of Professional Planners, the Bar Association, the Permit Management Office, and any other professional entity, as it may apply, so as to proceed with the actions applicable under the law. Failure to make such notice shall not relieve the certifying professional from his/her liability.
History —Dec. 1, 2009, No. 161, § 16.2.
2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART VIII - Public Planning II (§§ 9011 — 9047) › Chapter 230 - Puerto Rico Permit Process Reform Act (§§ 9011 — 9028i) › Subchapter XVIII - General and Temporary Provisions (§§ 9028 — 9028i) › § 9028 - Cases pending before the consideration of the Planning Board, the Permits and Regulations Administration or the concerned government entities

Any administrative procedure, case, complaint or accusation pending for violations of the laws or parts thereof or regulations repealed or affected by this chapter, initiated prior to the date of effectiveness of this act, shall be transferred to the Office of the Chief Permit Inspector or the Reviewing Board, as applicable, in order to continue processing them under the law in effect at the time in which the violation took place. Any civil action filed regarding the wording of any of the laws or parts thereof, whether repealed or affected by this chapter, and being processed prior to the date of effectiveness of this act, shall not remain affected by any of the repeals or modifications made by this chapter.
History —Dec. 1, 2009, No. 161, § 18.1.
2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART VIII - Public Planning II (§§ 9011 — 9047) › Chapter 230 - Puerto Rico Permit Process Reform Act (§§ 9011 — 9028i) › Subchapter XVIII - General and Temporary Provisions (§§ 9028 — 9028i) › § 9028a - Applications pending processing

Applications for permits, fire prevention certifications, or environmental health certifications, duly filed with the Permits and Regulations Administration, the Planning Board or the concerned government entities prior to the date of effectiveness of this act, shall be transferred to the Permit Management Office for the latter to issue a final determination under the provisions of the laws applicable at the time the applications were filed. However, in the event that under the provisions of this chapter a permit or recommendation applied for may be issued, that would otherwise not be issued if the preceding laws acts were to be applied, then the Permit Management Office shall issue the same under this chapter or the Joint Permit Regulation to be adopted thereunder.
History —Dec. 1, 2009, No. 161, § 18.2.
2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART VIII - Public Planning II (§§ 9011 — 9047) › Chapter 230 - Puerto Rico Permit Process Reform Act (§§ 9011 — 9028i) › Subchapter XVIII - General and Temporary Provisions (§§ 9028 — 9028i) › § 9028b - Administrative orders, circular letters, and memoranda

Any administrative order, circular letter, memorandum or interpretative document from the Planning Board, the Permits and Regulations Administration, the concerned government entities, and the autonomous municipalities with I to V granted hierarchy on any issue covered by this chapter should be evaluated and amended, as the case may be, within the terms established for the approval and adoption of the regulations created under this chapter. Any administrative order, circular letter, memorandum or interpretative document which is inconsistent with the provisions of this chapter or the regulations adopted thereunder shall lack validity and effectiveness.
History —Dec. 1, 2009, No. 161, § 18.3.
2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART VIII - Public Planning II (§§ 9011 — 9047) › Chapter 230 - Puerto Rico Permit Process Reform Act (§§ 9011 — 9028i) › Subchapter XVIII - General and Temporary Provisions (§§ 9028 — 9028i) › § 9028c - Collection of information and creation of database

By petition of the Executive Director of the Permit Management Office, in coordination with the Planning Board, the concerned government entities shall obtain, compile, and furnish the Management Office with such information or documentation whether on paper, digital or any other kind of format as necessary for the discharge of the authorities and duties assigned to the Permit Management Office under this chapter.
History —Dec. 1, 2009, No. 161, § 18.4.
2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART VIII - Public Planning II (§§ 9011 — 9047) › Chapter 230 - Puerto Rico Permit Process Reform Act (§§ 9011 — 9028i) › Subchapter XVIII - General and Temporary Provisions (§§ 9028 — 9028i) › § 9028d - Cooperation with and access to the information and the database

The concerned government entities have the ongoing duty of furnishing the Permit Management Office with such information or documentation whether on paper, digital or any other kind of format as necessary for the discharge of the authorities and duties assigned to the Permit Management Office under this chapter.
History —Dec. 1, 2009, No. 161, § 18.5.
2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART VIII - Public Planning II (§§ 9011 — 9047) › Chapter 230 - Puerto Rico Permit Process Reform Act (§§ 9011 — 9028i) › Subchapter XVIII - General and Temporary Provisions (§§ 9028 — 9028i) › § 9028e - Exemption from the Uniform Administrative Procedures Act

All procedures for the evaluation, granting and denial of final determinations and permits, recommendations, certifications, licenses, certificates or any other similar authorization granted by the Permit Management Office, the Adjudicatory Board, the autonomous municipalities with I to V granted hierarchy, the authorized professionals, and the authorized inspectors, as well as the adjudication of complaints or administrative orders by the Chief Permit Inspector, the concerned government entities or the autonomous municipalities with I to V granted hierarchy under the provisions of the present chapter, shall be exempted from all of the provisions of the Uniform Administrative Procedures Act.
History —Dec. 1, 2009, No. 161, § 18.6.
2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART VIII - Public Planning II (§§ 9011 — 9047) › Chapter 230 - Puerto Rico Permit Process Reform Act (§§ 9011 — 9028i) › Subchapter XVIII - General and Temporary Provisions (§§ 9028 — 9028i) › § 9028f - General regulation review

Within the term of one hundred and eighty (180) days counted as of the effectiveness of this act, the concerned government entities and all of the departments, agencies, municipalities, corporations, and public instrumentalities of the Government of Puerto Rico and its political subdivisions shall review, amend, or repeal their administrative regulations and orders and memoranda in order to establish permit procedures, policies, and forms intended to simplify, clarify, and streamline the permit procedures so as to temper them with the public policy established through this chapter. Such review seeks to make more specific, clear, and accurate the requirements established in the regulations, to eradicate the habits and customs used outside the bounds of regulations, to simplify to the utmost extent the number of permits and authorizations required to the regulatory organization. This review must eliminate such deficiencies and inconsistencies that do not allow for the truthful and full compliance with the purposes and provisions of this chapter. Within a term of thirty (30) days counted as of the conclusion of the above stated period, the Planning Board shall submit a report to the Governor and the Legislature of Puerto Rico.
History —Dec. 1, 2009, No. 161, § 18.7.
2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART VIII - Public Planning II (§§ 9011 — 9047) › Chapter 230 - Puerto Rico Permit Process Reform Act (§§ 9011 — 9028i) › Subchapter XVIII - General and Temporary Provisions (§§ 9028 — 9028i) › § 9028g - Liability

The Management Office, the Office of the Chief Permit Inspector, the Adjudicatory Board, the Reviewing Board, the Permit Officers and their individual directors, and the officers, agents or employees thereof, shall not incur civil liability for any action taken in good faith in the discharge of their duties and responsibilities, pursuant to the provisions of this chapter, and shall be compensated for expenses incurred in relation to any claim for which they have immunity, pursuant to the provisions herein and under the laws of Puerto Rico and the United States of America. authorized professionals shall not be covered under this provision and shall answer individually in any legal action originated against the Commonwealth.
History —Dec. 1, 2009, No. 161, § 18.8.
2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART VIII - Public Planning II (§§ 9011 — 9047) › Chapter 230 - Puerto Rico Permit Process Reform Act (§§ 9011 — 9028i) › Subchapter XVIII - General and Temporary Provisions (§§ 9028 — 9028i) › § 9028h - Transition budgets

The funds necessary for the creation and the implementation of the Management Office and the Office of the Chief Permit Inspector shall come among other sources from the funds earmarked by the Office of Management and Budget at the Permits and Regulations Administration and the concerned government entities, which funds shall be deposited in a Special Fund of the Permits and Regulations Administration. The funds deposited in such account shall be disbursed by the Secretary of the Treasury per request from the Executive Director and the Chief Permit Inspector to fulfill the purposes of this chapter.
History —Dec. 1, 2009, No. 161, § 18.9.