2023 Laws of Puerto Rico › TITLE EIGHTEEN - Education (§§ 1 — 3510-3520) › PART II - University of Puerto Rico (§§ 601 — 856b) › Chapter 55 - Council on Higher Education of Puerto Rico (§§ 852 — 852m) › § 852e - Powers, duties and attributions

The Council shall have the following powers, duties and attributions:
(1) Promote higher education in Puerto Rico.
(2) Adopt and promulgate objective norms to license public and private higher education institutions in Puerto Rico. The norms adopted to such effects shall refer exclusively to the credentials of the teaching faculty, the quality and the availability of the programs to be offered, the physical installations and facilities and the economic solvency of the institution to develop the knowledge and the corresponding skills in their students and to maintain their operations.
(3) Authorize those duly licensed public and private higher education institutions which meet the requirements of law to continue their operations.
(4) Authorize substantial changes in the operating license previously granted to a higher education institution, upon the corresponding evaluation.
(5) Establish, through regulations, those norms, qualitative criteria and procedures needed for the accreditation of public and private higher education institutions that voluntarily request it in addition to the license held.
(6) Deny, suspend, cancel or modify any license or accreditation granted public and private higher education institutions that do not comply with the provisions of this chapter.
(7) Establish information systems on higher education in Puerto Rico and design models and indicators which allow them to perform their voluntary licensing and accreditation duties adequately.
(8) Appoint consulting boards taking into consideration the opinion of the institutions to be evaluated in order to advise the Council in the performance of its functions and powers of licensing and accrediting higher education institutions in Puerto Rico.
(9) Promote the development of continuing education for the members of the various professional classes that practice in Puerto Rico, and submit the legislation needed to such respect.
(10) Appoint examining officials to make determinations of facts and submit recommendations in cases of petitions for reconsideration.
(11) Issue orders, including cease and desist orders.
(12) Impose administrative fines for violations or non-compliance with the provisions of the laws that bestow powers or duties upon the Council and with the regulations adopted by the Council by virtue thereof; including the imposition of interest and other late fees or non-compliance with the payment of the fines imposed.
(13) To sue and be sued.
(14) Resort to the courts in cases of violations of law or regulations, or when necessary to enforce the orders issued.
(15) Hold public hearings, at least once a year, on activities and problems regarding higher education.
(16) Adopt bylaws and any other regulations that are necessary and convenient to comply with its powers, duties and attributions.
(17) Organize the Council’s office, appoint its personnel and contract the services of experts, advisors and technicians; establish administrative systems, such as: accounting, finances, procurement, human resources and payroll, and information systems needed to execute the authority indicated in this chapter, and to make the pertinent appropriations for such purposes.
(a) The Council shall be exempted from the provisions of §§ 1461 et seq. of Title 3, known as the “Public Service Human Resources Administration Act”.
(b) The Council shall be authorized to contract or use the services of any official or employee of the departments, subdivisions, agencies, boards, committees, instrumentalities, public corporations or municipalities of the Commonwealth of Puerto Rico, and to pay for the additional services rendered to the Council outside of his/her regular working hours as [a] public servant and upon written consent from the chief executive of the body or agency to which he/she renders services, without being subject to § 551 of Title 3.
(c) [Enter] into agreements or other transactions with Commonwealth or federal government dependencies, with higher education institutions or private entities, and accept, have in custody, invest and administer funds, including donations, for the purposes of the laws administered by the Council and in accordance with other applicable laws.
(d) Have its own treasury, receive, generate, have in custody, distribute and administer its funds and bank accounts; make payments to employees and suppliers; establish reasonable amounts for service charges, activities, copies of documents and publications and for official certifications, among other services, and keep the income thereof.
(e) Acquire by purchase, lease, donation or in any other legal manner, transfer and administer goods, equipment and materials necessary to carry out the functions entrusted by this chapter without being subject to §§ 931 et seq. of Title 3, known as the “General Services Administration Act”.
(f) Acquire, own, use and dispose of any real property necessary to place its office. The acquisition of real property shall be carried out by any legal means, including sale and purchase or lease with option to buy.
(18) Establish general norms and procedures to award legislative grants and for other aid to students, chargeable to the existing funds in its custody that for such purpose exists.
(19) Establish norms and procedures for the granting of funds available to sponsor pilot educational investigations programs and others, in higher education institutions.
(20) Receive, administer and have custody of the Postsecondary Students Permanent Financial Assistance and Scholarship Fund, created by Act No. 170 of August 11, 2002 and Act No. 435 of September 22, 2004, the financial assistance and scholarship funds for studies that are appropriated by Joint Resolutions of the Legislative Houses, funds from federal sources, appropriated to support of education and research/investigation programs and any other fund or donation for higher education granted or received by virtue of this, or any other federal or Commonwealth law through agreements with Commonwealth or federal government entities, or from non-government organizations, or any other fund or donation that is granted for higher education.
(21) Receive, administer and have custody of the funds appropriated through §§ 855 et seq. of this title, for the Puerto Rican Higher Education Studies and Documents Center and other funds received through appropriations of Commonwealth or federal government origin, or by agreements with non-government organizations, or any other fund or donation appropriated to support the functions and purposes for which the Center was created; Provided, That the funds that are appropriated or received for this purpose within a fiscal year, may be awarded to projects and research programs even if the activities in the approved research proposals extend beyond periods that exceed said fiscal year.
(22) Issue certifications on the authorization held by higher education institutions in order to operate in Puerto Rico and offer degrees, titles, diplomas and other kinds of higher education academic credentials; and certified copies of official documents under its custody, after the payment of a fee in favor of the Council, which shall be established by said entity.
(23) Prepare the operating budget bill of the Council.
(24) Adopt and use an official seal.
(25) Render an annual report to the Governor and the Legislature on the measures taken and the condition of higher education in the Commonwealth; with its recommendations for executive and legislative action when, in its judgment, they are pertinent.
(26) Coordinate with the authorities of public and private institutions of higher education accredited in Puerto Rico, in harmony with the standards of each institution, the policy regarding the situation of student members of the Military Reserve of the United States in Puerto Rico and of the Puerto Rico National Guard that are called into active military service. To this end, the institutions shall establish the requirements and procedures for applying for the proportional reimbursement or the credit for the registration fee, other charges or room and board expenses in boarding houses of the institution itself, for reintegrating the right to scholarships, if previously granted, or the credit for work completed in a course or the opportunity to complete the same, after having completed their active military service, and any other measure which the institutions determine to be necessary to be eligible for the credit or reimbursement of the registration fee or other charges and for the reinstallation or concession of other benefits to said students by the higher education institution.
History —June 16, 1993, No. 17, § 7; Aug. 12, 1994, No. 69, § 1; Sept. 23, 2005, No. 116, § 1; Nov. 1, 2007, No. 154, § 1.