reglab/statecodes huggingface dataset:
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 75 - Uniform Administrative Procedure (§§ 2101 — 2201) › Subchapter I - General Provisions (§§ 2101 — 2105) › § 2105 - Implementation—Terms and requirements

Within the term of one (1) year from the date of approval of this act each agency shall:
(a) Prepare a diagram and summary describing its administrative and functional organization, the procedures for the approval of regulations, the manner of filing formal or informal petitions and the means by which the public can obtain information from the agency.
(b) Adjust its rules or regulations that establish the formal regulation and adjudicatory procedures, in accordance with the provisions of this chapter.
(c) Compile approved rules and regulations which were in effect as of February 8, 1989 and which were not previously filed at the State Department in accordance with Act No. 112 of June 30, 1957, as amended. Each agency shall submit the rules and regulations described in the preceding sentence to the Office of the Secretary for publication in accordance with § 2129 of this title, indicating as the effective date of each rule or regulation the date as of which it originally became effective; Provided, That each agency shall comply with the provisions of subsection (b) of this section within the period it provides.
(d) Have available for reproduction, at the request of the interested person, after having paid the reasonable costs for reproduction, the final orders, the decisions and interpretations of the laws adopted by the agency. Provided, That in cases of emergency or natural disaster, catastrophic accidents or fire and for the civil protection in general, pursuant to Act No. 22 of June 23, 1976, as amended, entitled “Puerto Rico Civil Defense Act,” the agency shall provide a control number or a copy to serve as a receipt of any petition made by any person to the agency, in order to guarantee the due process and the award of the different aids to be granted as a consequence of such events. It shall also prepare and maintain a register of the decisions and interpretations issued up to June 30, 1991, with subject indexes, which set a precedent or fix guidelines. As of July 1st, 1991, said registers and indexes shall include all the interpretations and decisions.
History —Aug. 12, 1988, No. 170, § 1.6; Aug. 5, 1989, No. 43, § 1; Nov. 30, 1990, No. 18, § 4; Sept. 1, 2000, No. 279, § 1, eff. 60 days after Sept. 1, 2000.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 75 - Uniform Administrative Procedure (§§ 2101 — 2201) › Subchapter II - Procedure for Regulation (§§ 2121 — 2143) › § 2121 - Notice of proposal for adoption of regulations

Whenever the agency proposes to adopt, amend, or repeal a rule or regulation, it shall publish a notice in Spanish and English, in not less than one newspaper of general circulation in Puerto Rico, and in Spanish and English on the Internet. Provided, That if the adoption, amendment, or repeal of the rule or regulation affects a specific residential community, the agency shall also publish the same notice in a regional newspaper that circulates in the area where said community is located, and it shall also schedule an advertisement in the local radio station of largest audience or nearest to the affected community on at least two (2) occasions at any time within 7:00 in the morning and 7:00 in the evening. The radio advertisement shall indicate the date on which the notice was published in the newspaper. The radio advertisement, as well as the notice, shall contain a summary or brief explanation of the purpose of the proposed action; a reference to the legal provision that authorizes said action, and the form, place, days, and hours that comments can be submitted in writing or by electronic mail, or a written request, including the grounds on which the petitioner bases said request, for an oral hearing on the proposed action can be made, and the place or web address where the full text of the regulations to be adopted will be available to the public. Upon receiving comments by electronic mail, the agency shall issue an electronic receipt of the same within two (2) business days of its date of receipt. The notice published in the newspaper shall also contain the web address of the website where the agency has chosen to publish the notice on the Internet, and the complete text of the rule or regulations.
Every notice of proposed adoption of regulations that has been published or is to be published pursuant to the provisions of this section shall be exempted from the application of the provisions of § 3351 of Title 16.
History —Aug. 12, 1988, No. 170, § 2.1; Nov. 30, 1990, No. 18, § 5; Oct. 5, 1999, No. 310, § 1; Sept. 1, 2000, No. 293, § 1; Dec. 29, 2009, No. 207, § 1.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 75 - Uniform Administrative Procedure (§§ 2101 — 2201) › Subchapter II - Procedure for Regulation (§§ 2121 — 2143) › § 2122 - Public participation

The agency shall provide an opportunity to submit comments in writing during a term of not less than thirty (30) days counting from the date the notice was published.
History —Aug. 12, 1988, No. 170, § 2.2, eff. 6 months after Aug. 12, 1988.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 75 - Uniform Administrative Procedure (§§ 2101 — 2201) › Subchapter II - Procedure for Regulation (§§ 2121 — 2143) › § 2123 - Public hearings

The agencies may call for public hearings at their discretion or if their organic act or any other act makes it mandatory to do so.
A taped or stenographic record of the hearing may be made. The presiding official shall prepare a report for the agency’s consideration containing a summary of the oral comments that are made during the hearing.
History —Aug. 12, 1988, No. 170, § 2.3, eff. 6 months after Aug. 12, 1988.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 75 - Uniform Administrative Procedure (§§ 2101 — 2201) › Subchapter II - Procedure for Regulation (§§ 2121 — 2143) › § 2124 - Determination by agency

In addition to the written and oral comments submitted to it, the agency shall take into consideration its experience, technical competence, expertise, discretion and judgment.
History —Aug. 12, 1988, No. 170, § 2.4, eff. 6 months after Aug. 12, 1988.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 75 - Uniform Administrative Procedure (§§ 2101 — 2201) › Subchapter II - Procedure for Regulation (§§ 2121 — 2143) › § 2125 - Rule or regulation—Contents, style, form

Any rule or regulation adopted or amended by an agency shall contain the following information in addition to the text:
(a) A reference to the legal provision that authorizes its adoption or amendment;
(b) A brief and concise explanation of its purposes or the reasons for its adoption or amendment that includes an executive summary written in plain language stating its purpose, justification, as well as the costs and benefits of the proposed regulations;
(c) a reference to all the rules or regulations that are amended, repealed or suspended by its adoption;
(d) the date of its approval, and
(e) its effective date.
History —Aug. 12, 1988, No. 170, § 2.5, eff. 6 months after Aug. 12, 1988; Mar. 31, 2015, No. 47, § 1.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 75 - Uniform Administrative Procedure (§§ 2101 — 2201) › Subchapter II - Procedure for Regulation (§§ 2121 — 2143) › § 2126 - Rule or regulation—Record

The agency shall keep an official record available for public inspection, with all the information related to the proposed adoption of a rule or regulation, as well as the one that is adopted or amended, including, but without being limited to:
(a) Copies of every publication related to the rule or the procedure.
(b) Every petition, requirement, memorandum, or written comment filed with the agency, and any written material considered by the agency regarding the adoption of the rule and the procedure followed.
(c) Any report prepared by the official who presides at the hearing summarizing the contents of the presentations.
(d) A copy of any regulatory analysis prepared in the procedure for the adoption of the rule.
(e) A copy of the rule and an explanation thereof.
(f) All petitions for exceptions, amendments, repeal or suspension of the rule.
History —Aug. 12, 1988, No. 170, § 2.6, eff. 6 months after Aug. 12, 1988.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 75 - Uniform Administrative Procedure (§§ 2101 — 2201) › Subchapter II - Procedure for Regulation (§§ 2121 — 2143) › § 2127 - Rule or regulation—Nullity and time to file action

(a) A rule or regulation approved after the effective date of this act shall be null if it does not substantially meet the provisions of this chapter.
(b) Any action to dispute the validity of the face of a rule or regulation because of noncompliance with the provisions of this chapter must be filed before the Court of Appeals within thirty (30) days following the effective date of said rule or regulation. Competence over the action shall correspond to the judicial region in which the domicile of the petitioner is located.
(c) The action filed to dispute the procedure followed to adopt the rules or regulations in question shall not stay their effectiveness, unless the law pursuant to which they are adopted expressly provides otherwise.
History —Aug. 12, 1988, No. 170, § 2.7; Dec. 25, 1995, No. 247, § 1; Sept. 16, 2004, No. 331, § 1.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 75 - Uniform Administrative Procedure (§§ 2101 — 2201) › Subchapter II - Procedure for Regulation (§§ 2121 — 2143) › § 2129 - Rule or regulation—Publication requirements; form; statutory references

The Secretary shall prescribe, by regulations, the manner in which the regulations filed under § 2128 of this title are to be published. His regulations shall prescribe a conventional size to be used in filing the regulations pursuant to said section and shall provide that all regulations shall be accompanied by the reference to the legal authority under which said regulations or any part thereof are adopted, as well as the reference to the specific legal provisions it implements, complements or interprets, as the case may be, and a copy of the public notice referred to in § 2121 of this title. The regulations shall also require that all amendments to the regulations refer to the original regulations.
The Secretary may issue model regulations for the use of agencies as well as manuals and other instruments to facilitate the implementation of this chapter. In cases in which special laws require several agencies to issue regulations, the Secretary may file a model regulation following the procedures established in §§ 2121 et seq. of this title. Said model regulation shall apply to all agencies with the obligation to regulate except those agencies which have previously approved regulations for the subject of the model regulation.
History —Aug. 12, 1988, No. 170, § 2.9; Nov. 30, 1990, No. 18, § 7, retroactive to 6 months after Aug. 12, 1988.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 75 - Uniform Administrative Procedure (§§ 2101 — 2201) › Subchapter II - Procedure for Regulation (§§ 2121 — 2143) › § 2130 - Evidence of filing; permanent register; public inspection

The Secretary shall record the date and hour that all copies of regulations are filed with his/her office, and shall keep a permanent file of said regulations in his/her office for public inspection. Likewise, the Secretary shall establish and keep, permanently, in the webpage of the Department of State over the Internet, a copy of all regulations filed therewith for public access and inspection. Such access shall be free of charge and available in a format easily accessible for the public.
History —Aug. 12, 1988, No. 170, § 2.10; Nov. 30, 1990, No. 18, § 8; July 16, 2008, No. 112, § 1.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 75 - Uniform Administrative Procedure (§§ 2101 — 2201) › Subchapter II - Procedure for Regulation (§§ 2121 — 2143) › § 2131 - Approval of Secretary of State

The Secretary shall examine all regulations filed in his office pursuant to § 2128 of this title in order to determine their compliance with the regulations approved by him pursuant to § 2129 of this title. If he approves it, he shall indicate his approval on each copy of the regulations and it shall then be deemed that the regulations have been properly filed as required by law.
History —Aug. 12, 1988, No. 170, § 2.11, eff. 6 months after Aug. 12, 1988.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 75 - Uniform Administrative Procedure (§§ 2101 — 2201) › Subchapter II - Procedure for Regulation (§§ 2121 — 2143) › § 2132 - Correction of regulations

If, upon examination, the Secretary reaches the conclusion that a specific regulation does not comply with the provisions of this title or with the regulations approved by him pursuant to § 2129 of this title, the Secretary may then:
(a) Return it to the originating agency with a list of his objections so that it may be corrected and drafted according to law, indicating to the agency whether the corrections constitute an amendment of the regulations for purposes of §§ 2121 et seq. of this title.
(b) Make as many corrections or amendments as are needed for the regulations to merit the approval of the Secretary.
In either case, the regulations shall not be deemed as filed for the purposes of this chapter until the originating agency has made the indicated changes and the Secretary has approved the new text or said agency has indicated its approval of the amendments made by the Secretary.
History —Aug. 12, 1988, No. 170, § 2.12; Nov. 30, 1990, No. 18, § 9, retroactive to 6 months after Aug. 12, 1988.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 75 - Uniform Administrative Procedure (§§ 2101 — 2201) › Subchapter II - Procedure for Regulation (§§ 2121 — 2143) › § 2133 - Emergencies; waiver of publication requirement

The provisions of §§ 2121, 2122, 2123 and 2128 of this title may be waived in all cases in which the Governor certifies that, owing to an emergency or any other exigent circumstance, the public interest requires that the regulation or amendment take effect without the delay required by §§ 2121, 2122, 2123 and 2128 of this title. In all such cases the regulation or amendment, together with a copy of the Governor’s certification, shall be filed by the Secretary. Once the regulation or amendment is filed the agency shall comply with the provisions of §§ 2121, 2122, and 2123 of this title and, in the event of modification to or amendment of the regulation filed according to this section, shall file the same in the office of the Secretary of State and shall comply with the provisions of § 2128 of this title.
History —Aug. 12, 1988. No. 170, § 2.13; Aug. 5, 1989, No. 43, § 2.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 75 - Uniform Administrative Procedure (§§ 2101 — 2201) › Subchapter II - Procedure for Regulation (§§ 2121 — 2143) › § 2134 - Published regulations; presumption; judicial notice

(a) The publication of a regulation in the “Commonwealth of Puerto Rico Rules and Regulations” raises a rebuttable presumption that the text of said regulations thus published is the text of the regulations as they were approved.
(b) The courts of the Commonwealth shall take judicial notice of the contents of all regulations printed in the “Commonwealth of Puerto Rico Rules and Regulations”.
For said purposes, the Secretary shall forward a copy of the publication free of charge to the libraries of the Supreme Court, the Court of Appeals, the Court of First Instance and the libraries of the law schools of the universities of the Island, as well as the Library of the Federal District Court of the United States for the District of Puerto Rico.
History —Aug. 12, 1988, No. 170, § 2.14; Nov. 30, 1990, No. 18, § 10; Dec. 25, 1995, No. 247, § 2; Sept. 16, 2004, No. 331, § 1.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 75 - Uniform Administrative Procedure (§§ 2101 — 2201) › Subchapter II - Procedure for Regulation (§§ 2121 — 2143) › § 2135 - Commonwealth regulations—Codification and publication

The Secretary is hereby authorized to:
(a) Contract for the compilation, codification, and publication of all the regulations filed in his office under § 2129 of this title. The publication of such compiled regulations shall be known as the “Commonwealth of Puerto Rico Regulations”.
(b) Determine the manner and form that said compilation and codification shall be published, printed and indexed.
History —Aug. 12, 1988, No. 170, § 2.15; Aug. 5, 1989, No. 43, § 4.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 75 - Uniform Administrative Procedure (§§ 2101 — 2201) › Subchapter II - Procedure for Regulation (§§ 2121 — 2143) › § 2139 - Distribution of publications

(a) The Secretary may sell the publications established by this subchapter at a fair and reasonable cost for the Commonwealth. All funds received from sale of publications, as well as funds received from public corporations which may be charged for publication of their regulations, shall be deposited in the Treasury Department in a fund to be denominated “Special Fund for Publications of the State Department”. This Fund shall be used only to cover all or part of the direct costs of the publications, including the cost of preparing compilations and periodical supplements. This Fund shall be separate from the Fund created by § 8.4.
The Secretary may contract with a publisher or publishers for the publication, sale and distribution of the product “Regulations of the Commonwealth of Puerto Rico”, any part of such product, or any individual regulation. This contract may be made separately by the Secretary for conventional publication, electronic publication of the regulations and to provide any regulations for disclosure or any informative service regarding them.
(b) The Secretary shall deliver copies of the publication and its respective supplements as provided by this chapter, free of cost, to the offices of the Governor of Puerto Rico, to the heads of departments and executive agencies of the Government and to property registrars who so request. He shall also deliver, free of cost and after request, an example of said publication to the members of the Legislative Assembly of Puerto Rico as well as a copy to the Secretary of the House of Representatives, the Secretary of the Senate, the Office of Legislative Services, and an example to the faculties of law at the University of Puerto Rico and other recognized universities of the country. By legislative or gubernatorial arrangement, examples of the publication may be delivered to other public offices.
History —Aug. 12, 1988, No. 170, § 2.19, renumbered as § 2.16 and amended on Nov. 30, 1990, No. 18, § 12, retroactive to 6 months after Aug. 12, 1988.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 75 - Uniform Administrative Procedure (§§ 2101 — 2201) › Subchapter II - Procedure for Regulation (§§ 2121 — 2143) › § 2140 - Regulations and rules approved by virtue of federal law

The regulations approved by any agency by virtue of any federal law or by virtue of a delegation of authority by a federal official shall be governed in everything connected to their approval, procedures, promulgation and implementation as provided in applicable federal legislation.
History —Aug. 12, 1988, No. 170, § 2.20, renumbered as § 2.17 on Nov. 30, 1990, No. 18, § 13, retroactive to 6 months after Aug. 12, 1988.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 75 - Uniform Administrative Procedure (§§ 2101 — 2201) › Subchapter II - Procedure for Regulation (§§ 2121 — 2143) › § 2141 - Joint regulations

Two (2) or more agencies may approve joint regulations under the laws that they administer respectively in those cases in which the services to the citizenry merit it.
Two (2) heads of the agencies concerned shall jointly designate the examining official or examining panel that shall be in charge of the regulating procedure who shall render a single report addressed to all the heads of agencies concerned.
History —Aug. 12, 1988, No. 170, § 2.21, renumbered as § 2.18 on Nov. 30, 1990, No. 18, § 13, retroactive to 6 months after Aug. 12, 1988.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 75 - Uniform Administrative Procedure (§§ 2101 — 2201) › Subchapter II - Procedure for Regulation (§§ 2121 — 2143) › § 2142 - Duty to periodically review regulations

It shall be the duty of all agencies to review their regulations every five (5) years to assess if the same effectively further the public policy of the agency or the legislation pursuant to which the regulations were approved. At the time of the approval of this act, all agencies shall initiate the review process of their regulations. However, if the regulations of an agency have been approved for less than five (5) years, and have not been affected by a recent act, said agency shall not be compelled to review the regulations until the term of five (5) years since its approval has elapsed.
(1) The regulations that by provisions of law or amendment to the organic act of the agency or administrative entity are directed to be reviewed prior to the periodic review herein provided, the term of five (5) years established for the periodic review shall begin as of this last review.
(2) Upon the conclusion of the review, if it is determined that there is no need to amend the regulations, a notice shall be published in two newspapers of general circulation to invite the interested community to remit their comments, in writing, in a period of thirty (30) days counting from the last notice. Once the determination as to the fact that it is not necessary to amend the regulations is final, the agency or administrative entity shall certify the effectiveness of the present regulations to the Department of State on or before ten (10) days as of the decision. If it is concluded that amendments to the regulations are needed, the process shall be conducted in accordance to the provisions of §§ 2121—2128 of this title.
(3) Any regulations that in the process of review, whether by provision of law or by amendment to the organic act of the agency or administrative entity, are repealed, shall be included in the compilation of regulations in disuse that shall be presented to the Certificates and Regulations Division of the Department of State, together with the certification of effectiveness of the current regulations or of the filing of a new regulations.
History —Aug. 12, 1988, No. 170, added as § 2.19 on Feb. 11, 2008, No. 4, § 1.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 75 - Uniform Administrative Procedure (§§ 2101 — 2201) › Subchapter II - Procedure for Regulation (§§ 2121 — 2143) › § 2143 - Guidance document

(a) An agency may issue a guidance document without following the rulemaking process set forth in §§ 2121—2132 of this title.
(b) An agency that proposes to rely on a guidance document to the detriment of a person in any administrative proceeding shall afford the person an adequate opportunity to contest the legality or wisdom of a position taken in the document.
(c) A guidance document may contain binding instructions to agency staff members if, at an appropriate stage in the administrative process, the agency’s procedures provide an affected person an adequate opportunity to contest the legality or wisdom of a position taken in the document.
(d) A guidance document may be considered by an agency in an adjudication process, but it does not bind the agency. If an agency proposes to act in adjudication at variance with a position expressed in a guidance document, it shall provide a reasonable explanation for the variance.
(e) Each agency shall maintain a public and physical index of all of its effective guidance documents, publish the index on its Internet website in a conspicuous and permanent manner, and make all guidance documents readily available to the public continuously and free of charge. The secretary shall coordinate the implementation of the provisions of this section. The agency shall have thirty (30) days as of the approval of the guidance document to publish them.
History —Aug. 12, 1988, No. 170, added as § 2.20 on May 18, 2015, No. 68, § 2, eff. 30 days after May 18, 2015.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 75 - Uniform Administrative Procedure (§§ 2101 — 2201) › Subchapter III - Adjudicative Proceedings (§§ 2151 — 2170a) › § 2151 - Rights

(a) When by provision of a law, rule, regulation or of this chapter, an agency must formally adjudicate a controversy, the proceedings shall be governed by this subchapter. Voluntary procedures for dispute resolution established by law or regulation shall not be included. Proceedings relative to acts and affairs of the Secretary of the Treasury with respect to revenues of the Commonwealth shall be governed according to the following standards:
(1) An official designated by the Secretary of the Treasury shall make a preliminary determination.
(2) A taxpayer who objects to the preliminary determination shall request an informal hearing to be presided over by an official other than the one who made the preliminary determination. He shall make the final determination by delegation of the Secretary of the Treasury.
(A) The right to timely notice of the charges or complaints or claims against one of the parties.
(B) The right to introduce evidence.
(C) The right to an impartial adjudication.
(D) The right to have the decision based on the record of the case.
The adjudication of bids, the granting of loans, scholarships, subsidies, subventions, debt emissions, capital investments, recognitions or prizes, and all procedures or stages of the environmental documents evaluation process required by § 671c of Title 23, known as the “Public Environmental Policy Act” and the regulations approved thereunder, shall be deemed informal non-quasi judiciary procedures, and therefore, shall not be subject to this chapter, except as provided below. In none of these procedures or the stages into which they are divided, shall require the agency to ground its resolutions with findings of fact and conclusions of law. The administrative procedure for the handling of environmental documents shall be exclusively governed by the regulations adopted by the Environmental Quality Board for these purposes. The reconsideration of the decisions issued in all of these cases shall be governed by the provisions of § 2165 of this title, except those related to bids that shall be governed by the provisions of § 2169 of this title.
The following rights shall be safeguarded in any formal adjudicatory procedure before an agency:
(b) The Environmental Quality Board shall render a report to the Legislature not later than one hundred and fifty (150) days after the date of effectiveness of this act concerning the effect the same has had during its first one hundred and twenty (120) days of effectiveness in expediting the environmental proceedings and their interpretation.
History —Aug. 12, 1988, No. 170, § 3.1; Nov. 30, 1990, No. 18, § 14; Dec. 8, 1998, No. 295, § 1; Nov. 6, 1999, No. 323, § 1.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 75 - Uniform Administrative Procedure (§§ 2101 — 2201) › Subchapter III - Adjudicative Proceedings (§§ 2151 — 2170a) › § 2152 - Initiation of procedure

Except when otherwise established by law, the adjudicatory procedure before an agency may be initiated by the agency itself or by the presentation of a complaint, application or petition, in person or in writing, within the term established by the law or regulations, with regard to a matter that is under the jurisdiction of the agency.
Every agency shall adopt regulations to govern their adjudicatory procedures.
History —Aug. 12, 1988, No. 170, § 3.2, eff. 6 months after Aug. 12, 1988.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 75 - Uniform Administrative Procedure (§§ 2101 — 2201) › Subchapter III - Adjudicative Proceedings (§§ 2151 — 2170a) › § 2153 - Adjudicatory officials

Every agency may designate examining officials, who shall not necessarily be attorneys, to preside over the adjudicatory procedures that are held there, especially when the procedure in question is informal.
The head of the agency may delegate adjudicatory authority to one or more officials or employees of his agency. These officials or employees shall be designated by the title of administrative judges.
In cases where the facts present controversies that may be adjudicated under the authority of more than one agency, the heads of the agencies concerned may delegate the adjudication of the case to one single administrative judge, who may be an official or employee of either of the agencies.
History —Aug. 12, 1988, No. 170, § 3.3, eff. 6 months after Aug. 12, 1988.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 75 - Uniform Administrative Procedure (§§ 2101 — 2201) › Subchapter III - Adjudicative Proceedings (§§ 2151 — 2170a) › § 2154 - Complaints, applications or petitions; requirements

(1) Complaints originated by the agency. — Each agency may file complaints before its administrative forum for infractions of the laws or regulations they administer.
The complaint shall contain:
(a) The name and postal address of the complainant.
(b) The facts about the infraction.
(c) The legal or regulatory provisions for which the infraction is charged.
It may also contain a proposal for a fine or sanction which the accused may abide by and report his compliance or payment, as the case may be.
(2) Complaints filed by a person outside of the agency. — The proponent of an action before the agency shall include the following information upon filing his complaint, application or petition:
(a) Name and postal address of all parties.
(b) Facts regarding the claim or infraction.
(c) Reference to the applicable legal provisions, if known.
(d) Remedy requested.
(e) Signature of the proponent of the procedure.
History —Aug. 12, 1988, No. 170, § 3.4, eff. 6 months after Aug. 12, 1988.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 75 - Uniform Administrative Procedure (§§ 2101 — 2201) › Subchapter III - Adjudicative Proceedings (§§ 2151 — 2170a) › § 2155 - Intervention—Application

Any person having a legitimate interest in an adjudicatory procedure before an agency may file a written, duly grounded application in order to be allowed to intervene or participate in said procedure. The agency may grant or deny the petition at its discretion taking the following factors into consideration, among others:
(a) Whether the petitioner’s interests may be adversely affected by the adjudicatory procedure.
(b) Whether there are no other legal means for the petitioner to adequately protect his interests.
(c) Whether the petitioner’s interests are already adequately represented by the parties to the procedure.
(d) Whether the petitioner’s participation may help, within reason, to prepare a more complete record of the procedure.
(e) Whether the petitioner’s participation may extend or delay the procedure excessively.
(f) Whether the petitioner represents or is the spokesperson of other groups or entities in the community.
(g) Whether the petitioner can contribute information, expertise, specialized knowledge or technical advice which is otherwise not available in the procedure.
The agency shall apply the above criteria liberally, and may require that additional evidence be submitted to it in order to issue the corresponding determination with regard to the application to intervene.
History —Aug. 12, 1988, No. 170, § 3.5, eff. 6 months after Aug. 12, 1988.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 75 - Uniform Administrative Procedure (§§ 2101 — 2201) › Subchapter III - Adjudicative Proceedings (§§ 2151 — 2170a) › § 2156 - Intervention—Denial

If the agency decides to deny an application for intervention in an adjudicatory process, it shall give notice of its determination in writing to the petitioner, its grounds therefor, and the appellate review that is available.
History —Aug. 12, 1988, No. 170, § 3.6, eff. 6 months after Aug. 12, 1988.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 75 - Uniform Administrative Procedure (§§ 2101 — 2201) › Subchapter III - Adjudicative Proceedings (§§ 2151 — 2170a) › § 2157 - Pre-hearing conference; summary resolutions and orders

(a) If the agency determines that it is necessary to conduct an adjudicatory hearing, it may summon all the parties or their authorized representatives or intervenors, on its own initiative or by petition of one of the parties, to a pre-hearing conference, in order to reach a definite agreement, or [to simplify] the questions or the evidence to be considered in the hearing. Stipulations may be accepted, provided that the agency determines that this will serve the best public interest.
(b) If the agency determines, by request of one of the parties and after having analyzed the documents submitted together with the petition for summary resolution or order and the documents included with the motion in opposition, as well as those in the record of the agency, that it is not necessary to conduct an adjudicative hearing, the agency may issue summary resolutions or orders, whether final or partial, to resolve any controversy between the parties that is severable from the controversies, except in those cases in which the organic act of the agency provides otherwise.
The agency may not issue summary resolutions or orders in those cases in which:
(1) Material or essential facts exist and are in controversy;
(2) there are affirmative allegations in the complaint which have not been rebuked;
(3) the very documents which accompany the petition give rise to a real controversy over a material and essential fact, or
(4) it is not in order as a question of law.
History —Aug. 12, 1988, No. 170, § 3.7; Dec. 26, 2006, No. 299, § 1, eff. 6 months after Dec. 26, 2006.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 75 - Uniform Administrative Procedure (§§ 2101 — 2201) › Subchapter III - Adjudicative Proceedings (§§ 2151 — 2170a) › § 2158 - Discovery of evidence

(a) The procedures for the discovery of evidence shall not apply in those cases of administrative adjudication unless they are authorized in the agency’s adjudicatory procedures regulations and authorized by the official who presides [over] the adjudicatory procedure. Notwithstanding the above provisions, the agency’s regulations guarantee to every accused the right to the mechanisms of discovery of evidence for those cases in which the adjudicatory procedure is prompted on the agency’s initiative.
(b) It may also issue summons for the appearance of witnesses; orders for the production of documents, materials and other objects; and protective orders, pursuant to the Rules of Civil Procedure.
(c) In case of noncompliance of [with] an order or summons issued under subsection (b) of this section, the agency may present a petition to compel its jurisdiction in the competent Court of First Instance, and it may issue a court order in which it orders the compliance of the person in question under admonition of contempt if he disobeys such order.
History —Aug. 12, 1988, No. 170, § 3.8; Dec. 25, 1995, No. 247, § 3, eff. May 1, 1996.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 75 - Uniform Administrative Procedure (§§ 2101 — 2201) › Subchapter III - Adjudicative Proceedings (§§ 2151 — 2170a) › § 2159 - Notice of hearing

The agency shall notify all the parties or their authorized representatives and interveners, in writing, of the date, hour and place in which the adjudicative hearing shall be held. The notice shall be mailed or delivered personally at least fifteen (15) days before the date of the hearing, unless for duly justified reasons consigned in the notice, it is necessary to reduce said period, and shall contain the following information:
(a) Date, hour and place the hearing shall be held, as well as its nature and purpose.
(b) Warning that the parties may appear pro se or with the assistance of counsel, including the cases of corporations and partnerships.
(c) Citation of the legal or regulatory provision that authorizes the holding of the hearing.
(d) Reference to the legal provisions or regulations presumably infringed, if charged with an infraction thereof, and the facts constituting such infraction.
(e) Admonishment of the measures that the agency may resort to if a party does not appear at the hearing.
(f) Warning that the hearing cannot be suspended.
History —Aug. 12, 1988, No. 170, § 3.9; Aug. 8, 2002, No. 130, § 1.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 75 - Uniform Administrative Procedure (§§ 2101 — 2201) › Subchapter III - Adjudicative Proceedings (§§ 2151 — 2170a) › § 2160 - Default

If a party who has been duly summoned does not appear at the pre-hearing conference, the hearing, or any other stage during the adjudicatory procedure, the official who presides it may declare the nonappearance and continue the procedure without his participation, but shall notify said party, in writing, of his determination, the grounds thereof, and the appellate review that is available.
History —Aug. 12, 1988, No. 170, § 3.10, eff. 6 months after Aug. 12, 1988.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 75 - Uniform Administrative Procedure (§§ 2101 — 2201) › Subchapter III - Adjudicative Proceedings (§§ 2151 — 2170a) › § 2161 - Hearing—Private; application

The hearing shall be public unless one of the parties submits a duly grounded petition, in writing, for the hearing to be private, and the official that presides said hearing authorizes it, if he understands that it can cause irreparable harm to the petitioner.
History —Aug. 12, 1988, No. 170, § 3.11, eff. 6 months after Aug. 12, 1988.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 75 - Uniform Administrative Procedure (§§ 2101 — 2201) › Subchapter III - Adjudicative Proceedings (§§ 2151 — 2170a) › § 2162 - Hearing—Docketed; suspension

The official that presides the adjudicatory process cannot suspend a docketed hearing unless it is requested in writing and states the causes that justify said suspension. Said application shall be submitted five (5) days before the date of said hearing. The petitioner shall send copies of his petition to the other parties and intervenors in the procedure, within the five (5) days indicated above.
History —Aug. 12, 1988, No. 170, § 3.12, eff. 6 months after Aug. 12, 1988.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 75 - Uniform Administrative Procedure (§§ 2101 — 2201) › Subchapter III - Adjudicative Proceedings (§§ 2151 — 2170a) › § 2163 - Hearing—Procedure

(a) The hearing shall be taped or stenotyped, and the presiding official shall prepare a report for consideration of the agency or shall issue the decision in writing if he has been given the authority to do so.
(b) The official who presides [over] the hearing within a relatively informal pattern shall give all the parties the necessary time for a complete statement of all the facts and questions in dispute, the opportunity to answer, introduce evidence and argue, to cross-examine, and submit refuting evidence, except as it may be restricted or limited by the stipulations in the pre-hearing conference.
(c) The presiding official may exclude such evidence that is not pertinent, immaterial, repetitive or not admissible on constitutional or legal grounds based on evidentiary privileges recognized by the courts of Puerto Rico.
(d) The presiding official may take official cognizance of all which may be subject to judicial knowledge in the courts of justice.
(e) The Rules of Evidence shall not apply to administrative hearings, but the basic principles of evidence may be used to achieve a speedy, fair and economical solution of the procedure.
(f) The presiding official may grant the parties a term of fifteen (15) days after the conclusion of the hearing to present proposals on findings of facts and conclusions of law. The parties may voluntarily waive the statement of the findings of facts.
(g) Every case submitted to an adjudicatory procedure before an agency shall be resolved within a term of six (6) months from its date of filing, except in exceptional circumstances.
History —Aug. 12, 1988, No. 170, § 3.13, eff. 6 months after Aug. 12, 1988.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 75 - Uniform Administrative Procedure (§§ 2101 — 2201) › Subchapter III - Adjudicative Proceedings (§§ 2151 — 2170a) › § 2164 - Final judgment or order

A final judgment or order shall be issued in writing within ninety (90) days upon the conclusion of the hearing or upon the filing of the proposed findings of fact and conclusions of law, unless this term is waived or extended through the written consent of all the parties, or for just cause.
The judgment or order shall state and explain the findings of fact separately, if these have not been waived, as well as the conclusions of law that support the adjudication, and the availability of the recourse of reconsideration or review, as the case may be. The judgment or order shall be signed by the head of the agency or any other official authorized by law.
The judgment or order shall advise on the right to request reconsideration before the agency or to file a petition for review as a matter of law before the Court of Appeals. It shall also state which parties shall be notified of such petition for review and the terms thereof. Said terms shall take effect once these requirements have been met.
In the certification of its judgment or order, the agency shall specify the names and addresses of the natural or juridical persons on whom, as parties thereto, the notice of judgment was served so that they may effectively exercise their right to a judicial review conferred by law.
The agency shall serve notice of judgment or order as soon as possible to the parties and their attorneys, if they have them, through a simple copy sent by both regular and certified mail. Furthermore, the agency shall file in the record a copy of the final judgment or order and evidence of the service of notice. A party shall not be required to comply with a final judgment unless said party has been served notice thereof.
History —Aug. 12, 1988, No. 170, § 3.14; Aug. 8, 2002, No. 130, § 2; Sept. 16, 2004, No. 331, § 1; Dec. 26, 2006, No. 299, § 2, eff. 6 months after Dec. 26, 2006; § 1, eff. 30 days after Nov. 15, 2013.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 75 - Uniform Administrative Procedure (§§ 2101 — 2201) › Subchapter III - Adjudicative Proceedings (§§ 2151 — 2170a) › § 2165 - Final judgment or order-Reconsideration

The party adversely affected by an order or a partial or final judgment may file a motion for reconsideration of such order or judgment within twenty (20) days from the filing date of the order or judgment. The agency shall consider the motion within fifteen (15) days from its filing. Should it deny it outright or fail to act on it within fifteen (15) days, the term to request review shall begin to elapse again from the date of notice of such denial or from the expiration of the fifteen (15)-day term, as the case may be. If a determination is made upon consideration, the term to petition for review shall begin to elapse from the filing date of a copy of the notice of the agency’s final judgment regarding the motion for reconsideration in the case record. Such judgment shall be issued and filed in the case record within ninety (90) days after the motion for reconsideration has been filed. If the agency accepts the motion for reconsideration but fails to act on it within ninety (90) days from its filing, it shall lose jurisdiction over the motion and the term to request judicial review shall begin to elapse once said ninety (90)-day term elapses, unless the agency, for just cause and within those ninety (90) days, extends the term to issue a judgment for a term that shall not exceed thirty (30) additional days.
If the filing date of the copy of the notice of entry of judgment or order differ from the date of mailing of said notice, the term shall be calculated from the mailing date.
History —Aug. 12, 1988, No. 170, § 3.15; Aug. 5, 1989, No. 43, § 6; Dec. 25, 1995, No. 247, § 4, eff. May 1, 1996; Dec. 15, 2013, No. 132, § 2, eff. 30 days after Nov. 15, 2013.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 75 - Uniform Administrative Procedure (§§ 2101 — 2201) › Subchapter III - Adjudicative Proceedings (§§ 2151 — 2170a) › § 2166 - Termination; notification

If the agency concludes or decides not to initiate or continue an adjudicatory procedure in a particular case, it shall terminate the procedure and shall notify the parties of its determination, the grounds therefor and the available recourse for review, in writing, by certified mail with return receipt requested, including the warnings provided in § 2164 of this title.
History —Aug. 12, 1988, No. 170, § 3.16; Sept. 16, 2004, No. 331, § 1.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 75 - Uniform Administrative Procedure (§§ 2101 — 2201) › Subchapter III - Adjudicative Proceedings (§§ 2151 — 2170a) › § 2167 - Emergency adjudicatory procedure

(a) An agency may use emergency adjudicatory procedures in any situation in which there is imminent danger to the public health, safety and welfare or which requires immediate action by the agency.
(b) The agency may only take such action as it is necessary within the circumstances described in the above subsection (a) which justifies the use of emergency adjudicatory procedures.
(c) The agency shall issue an order or resolution that shall include a concise determination of the findings of fact, conclusions of law, and the reasons of public policy that justify the agency’s decision to take specific action.
(d) The agency shall give such notice that it deems most convenient to those persons who are required to comply with the order or resolution. The order or resolution shall be effective upon being issued.
(e) After an order or resolution is issued according to this section, the agency shall promptly proceed to complete any procedure that has been required, unless there is imminent danger.
History —Aug. 12, 1988, No. 170, § 3.17, eff. 6 months after Aug. 12, 1988.