reglab/statecodes huggingface dataset:
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 13 - Department of Treasury (§§ 221 — 286) › § 285 - Charges for collection efforts and transactions—Authorization

The Secretary of the Department of the Treasury of the Commonwealth of Puerto Rico, (hereinafter “the Secretary”), is hereby authorized to impose service charges for collection efforts and transactions performed on behalf of agencies, dependencies, corporate entities and other juridical entities to which the monies collected through the efforts of the Secretary or an authorized representative of the same are destined.
History —Sept. 2, 2003, No. 233, § 1.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 13 - Department of Treasury (§§ 221 — 286) › § 285a - Charges for collection efforts and transactions—Imposition of the charges

The charge to be collected, pursuant to the provisions of § 285 of this title, shall be five percent (5%) of the total collected through the collection efforts and transactions performed by the Secretary of the Treasury or an authorized representative.
History —Sept. 2, 2003, No. 233, § 2.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 13 - Department of Treasury (§§ 221 — 286) › § 285b - Charges for collection efforts and transactions—Exemptions

The Secretary, as he/she deems fit, in those cases in which it is considered necessary, may exempt totally or partially from the payment of the charges imposed in § 285a of this title any agency, dependency, corporate entity or juridical entity in the name of which the collection efforts and transactions are performed.
History —Sept. 2, 2003, No. 233, § 3.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 13 - Department of Treasury (§§ 221 — 286) › § 285c - Charges for collection efforts and transactions—Regulation

The Secretary shall establish the procedures and promulgate the necessary regulation to enforce the provisions of §§ 285—285b of this title.
History —Sept. 2, 2003, No. 233, § 4.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 13 - Department of Treasury (§§ 221 — 286) › § 285d - Destination of funds

Beginning on the effective date of this act, the funds collected on account of the charges imposed by § 285a of this title shall be deposited in the General Fund of the Commonwealth of Puerto Rico. Starting in Fiscal Year 2004—2005 and for subsequent fiscal years, the Department of the Treasury shall be appropriated twenty percent (20%) of the funds collected on account of the charges imposed by §§ 285—285d of this title. Said funds shall be held separately from any other funds received by the Department and shall be used to improve the services of the Department of the Treasury and to defray other expenses, as appropriate, to assure compliance by the Department of the Treasury with its ministerial duties.
History —Sept. 2, 2003, No. 233, § 5; Dec. 5, 2013, No. 143, § 4.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 13 - Department of Treasury (§§ 221 — 286) › § 286 - Authorization of negative debt certification

(a) To provide that every natural or juridical person who conducts government transactions in which it is required to submit more than one negative debt certification before the agencies of the Commonwealth of Puerto Rico or its instrumentalities shall have the right to authorize the agencies that require said certifications to do so in his/her behalf after the payment of the corresponding fees; and for other related purposes.
(b) For the purposes of this section, “agency” shall comprise every government entity of the Executive, Legislative and Judiciary Branch, as well as the public corporations and municipalities of Puerto Rico.
(c) In order to guarantee the proper implementation of this section, an interagency committee is hereby created, which shall be composed of the following officials: the Secretary of the Department of the Treasury, who shall be its coordinator, the Executive Director of the Municipal Revenue Collection Centers, the Administrator of the Child Support Administration, the Executive Director of the State Insurance Fund Corporation, the Administrator of the General Services Administration, and the Commissioner of Municipal Affairs. Said Interagency Committee shall have the necessary powers to comply with the objectives of this act, and, at least, it shall draft a standard regulation which shall govern the procedures for exercising the rights granted in subsection (a) of this section, within a term not to exceed six (6) months, after the effective date thereof. Provided, That the agencies shall not collect any additional fees for exercising the rights granted by subsection (a) of this section, these shall be limited to require only the actual cost for the payment of the fees to obtain the referred certifications.
History —Aug. 1, 2006, No. 139, §§ 1—3.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 14 - Department of Justice (2004) › Subchapter I - General Provisions (§ 291) › § 291 - Definitions

The words and phrases used in §§ 291-295u of this title shall have the meaning stated hereinbelow:
(a) Designated attorney.— The attorney that renders services to the Department of Justice, be it by appointment, special designation or contract pursuant to the provisions of §§ 291-295u of this title.
(b) Agent of the bureau.— Public servant attached to the Special Investigations Bureau who shall be empowered to investigate, report, arrest, serve court orders, keep and bear arms, and administer oaths to potential witnesses in cases under investigation by the Service, as described in Section 77 of Reorganization Plan No. 5-2011, App. XXI of this title.
(c) Department.— The Department of Justice created pursuant to the provisions of Article IV, Section 6 of the Constitution of the Commonwealth of Puerto Rico. It also includes the programs and bodies integrated by virtue of §§ 291-295u of this title and those who are made a part of the Department in the future.
(d) Commonwealth.— The Commonwealth of Puerto Rico.
(e) Prosecutor.— The official appointed by the Governor, pursuant to the provisions of §§ 291-295u of this title, who carries out his/her functions as a member of the Public Ministry, be it in his/her capacity as General Prosecutor of Puerto Rico, General Special Prosecutor, Assistant Prosecutor III, Assistant Prosecutor II, Assistant Prosecutor I or District Attorney. It also includes the Special Prosecutors designated by the Secretary of Justice pursuant to what is established in §§ 291—295u of this title, except when expressly excluded for certain purposes.
(f) General Prosecutor.— The General Prosecutor of Puerto Rico, appointed by the Governor of Puerto Rico pursuant to the provisions of §§ 291-295u of this title.
(g) Governor.— The Governor of the Commonwealth of Puerto Rico.
(h) Office of the General Prosecutor.— The Office of the General Prosecutor of Puerto Rico created by §§ 291-295u of this title.
(i) Institute.— Institute of Competency Training and Development of the Juridical Thought Process.
(j) Advocate.— The official appointed by the Governor of Puerto Rico pursuant to the provisions of §§ 291-295u of this title, who carries out his/her functions as a member of the Public Ministry, be it as a Family Advocate or as an Advocate for Minors’ Affairs. It also includes the Special Advocates designated by the Secretary of Justice pursuant to what is established in §§ 291-295u of this title, except when expressly excluded for certain purposes.
(k) [Solicitor General].— The [Solicitor General] of Puerto Rico, official appointed by the Governor of Puerto Rico pursuant to the provisions of §§ 291-295u of this title.
(l) Secretary.— The Secretary of Justice appointed pursuant to the provisions of Article IV, Section 5 of the Constitution of the Commonwealth of Puerto Rico.
History —Aug. 9, 2004, No. 205, § 2; Aug. 5, 2012, No. 157, § 1.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 14 - Department of Justice (2004) › Subchapter II - Secretary of Justice (§§ 292 — 292q) › § 292 - Functions and duties

The Secretary of Justice, appointed by the Governor pursuant to the provisions of Article IV, Section 5 of the Constitution of the Commonwealth of Puerto Rico, is the Head of the Department of Justice and as such, is the chief law enforcement official of the Commonwealth and in charge of promoting compliance and enforcing the law, pursuant to the provisions of Article IV, Sections 5 and 6 of the Constitution of the Commonwealth.
History —Aug. 9, 2004, No. 205, § 3.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 14 - Department of Justice (2004) › Subchapter II - Secretary of Justice (§§ 292 — 292q) › § 292b - Transactions or agreements

When the Secretary discharges the function of legal counsel to the agencies, municipalities, and the employees, officials, former officials or former employees of the Commonwealth or of the interests of the Commonwealth or the People of Puerto Rico, no transaction, agreement or stipulation or compact whatsoever may be made in connection with the matter subject to the pending legal action without the previous consent of the Secretary or the official onto whom he/she delegates.
History —Aug. 9, 2004, No. 205, § 5.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 14 - Department of Justice (2004) › Subchapter II - Secretary of Justice (§§ 292 — 292q) › § 292c - Opinions

The Secretary shall give his/her opinion in writing to the Governor, the Legislature or any of its Houses, the Comptroller of Puerto Rico, and the heads of agencies and public corporations, when there is a resolution from its Board of Directors authorizing the request, on questions of law that arise in the exercise of its functions. Likewise, he/she shall give his/her opinion to the mayors of the municipalities, in which case the request shall be processed through the Office of the Municipal Affairs Commissioner. In the case of municipal legislatures, a resolution of the corresponding legislature shall be required, authorizing its president to request said opinion.
The Secretary is hereby empowered to adopt the norms that shall govern the requests and issue of opinions. When the matter being brought in the request for an opinion is before the consideration of a court, the Secretary shall abstain from issuing a formal opinion on the matter, but he/she may advise the official if he/she deems it necessary in order for the official to be able to continue performing the functions imposed by law, without undermining the power that corresponds to the Judicial Power as the final interpreter of the Constitution and the laws of the Commonwealth.
History —Aug. 9, 2004, No. 205, § 6.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 14 - Department of Justice (2004) › Subchapter II - Secretary of Justice (§§ 292 — 292q) › § 292d - Publication

The Secretary shall publish the opinions he/she issues in connection with matters of public policy and those he/she deems bear a general interest. A copy of said printed documents shall be forwarded, free of cost and for official use, to each member of the Legislature, the Comptroller of Puerto Rico and the Office of Legislative Services, the Governor and each head of agency and public corporation, the judges and the Library of the Supreme Court, the judges of the Court of Appeals, to the administrating judges of the Parts of the Courts of First Instance, the Director of the Office of Court Administration, and the mayor of each municipality, as well as all those officials, offices and institutions as determined by the Secretary. Furthermore, the Secretary shall be under the obligation to diffuse through the webpage of the Department, a list of all the opinions issued by him/her for the use of the general public.
The Secretary is hereby authorized to remit and exchange the opinions so published with the federal government and the state governments of the United States, and with foreign governments, as well as with the public or private organizations and institutions that issue publications of general interest. He/she may also sell volumes compiling his/her opinions through the norms that he/she adopts for these purposes. The proceeds of the sale shall be covered into the Special Fund created by §§ 291—295u of this title.
History —Aug. 9, 2004, No. 205, § 7.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 14 - Department of Justice (2004) › Subchapter II - Secretary of Justice (§§ 292 — 292q) › § 292e - Matters of public policy

The Secretary is hereby empowered to establish through regulations the necessary guidelines to determine the matters that shall constitute public policy issues from the legal standpoint. Matters shall be considered, without it being construed as a limitation, to be public policy issues when:
(a) A controversy in the interpretation of a law or the Constitution of the Commonwealth which affects the operation, development or stability of a government program or project is brought;
(b) a conflict in the interpretation of a law approved by the Legislature of Puerto Rico and a law approved by the Congress of the United States of America related with the operation, development or stability of a government program or project is brought;
(c) questions emerge as to the interpretation of norms or the action taken by an agency in relation to federal law or the Constitution of the United States of America and a law approved by the Legislature and the Constitution of the Commonwealth;
(d) there is an allegation of a violation of constitutional rights by any action of a government agency, official or employee;
(e) a controversy of a judicial nature between public corporations and agencies;
(f) a request is made for the interpretation of the law or the jurisprudence in a manner such that it alters or modifies a juridical norm, the result of which may affect in a foreseeable manner the interests of a government program or project;
(g) a judicial or administrative action has been brought against an agency or an official outside the jurisdiction of the Commonwealth, or
(h) those other matters as determined by the Secretary and previously approved by the Governor.
In those cases or situations that constitute public policy issues, the heads of agencies, public corporations and government instrumentalities shall coordinate with the Secretary the legal strategy to be followed in order to prevent or minimize any adverse legal effects to the public interest.
History —Aug. 9, 2004, No. 205, § 8.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 14 - Department of Justice (2004) › Subchapter II - Secretary of Justice (§§ 292 — 292q) › § 292f - Government contracting of legal services

The Secretary shall adopt through regulations the guidelines necessary to govern the contracting of legal services by the agencies, instrumentalities and public corporations.
History —Aug. 9, 2004, No. 205, § 9.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 14 - Department of Justice (2004) › Subchapter II - Secretary of Justice (§§ 292 — 292q) › § 292g - Legal advice

The Secretary shall offer legal advice as requested by the Governor, the Legislature and the legislative committees in the consideration and processing of bills, as well as in the studies these may conduct.
History —Aug. 9, 2004, No. 205, § 10.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 14 - Department of Justice (2004) › Subchapter II - Secretary of Justice (§§ 292 — 292q) › § 292h - Power to investigate

The Secretary and the officials and employees onto whom he/she delegates, shall conduct the investigations as necessary and adequate for the exercise of the powers granted by §§ 291—295u of this title and are authorized to interview witnesses and take oaths and statements. Summons shall be issued by the prosecutors, advocates and designated attorneys, or by the officials or employees onto whom the Secretary delegates such a power. Likewise, they may issue summons under admonishment of contempt and require the appearance of witnesses and the presentation of documental evidence and the evidence they may consider essential for the complete cognizance of the matter under investigation.
History —Aug. 9, 2004, No. 205, § 11.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 14 - Department of Justice (2004) › Subchapter II - Secretary of Justice (§§ 292 — 292q) › § 292i - Duty to appear

The person summoned as a witness in an investigation or proceeding is under the obligation to appear and testify or to present the evidence he/she is required. In said case, the person summoned shall be informed of his/her right to refuse to reveal any evidence or testimony that might incriminate him/her. In case he/she should refuse to appear, testify or present the evidence he/she has been required on the grounds that the testimony or evidence might incriminate him/her or expose him/her to a criminal, civil, administrative or other proceeding which may entail the removal or suspension from his/her job, profession or occupation, the Secretary shall determine whether the situation calls for the granting of immunity to the person summoned using the legal criteria and norms applicable to the granting of immunity.
History —Aug. 9, 2004, No. 205, § 12.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 14 - Department of Justice (2004) › Subchapter II - Secretary of Justice (§§ 292 — 292q) › § 292j - Confidential information; disclosure

The information obtained as a result of an investigation is confidential and shall be kept in an investigation file, which may not be subject to inspection, examination or disclosure while the investigation is conducted. The information thus gathered may be disclosed upon completion of the investigation pursuant to the norms that the Secretary adopts through regulations, except in those cases in which the following situations arise:
(a) A law or regulation declares the information to be confidential.
(b) Information which may harm essential rights of third parties is revealed.
(c) The communication is protected under any of the evidence privileges that may be invoked by citizens.
(d) The identity of a confidant is the matter in question.
(e) It is official information pursuant to Rule of Evidence No. 31, App. IV of Title 32.
(f) Investigative techniques or procedures are revealed.
History —Aug. 9, 2004, No. 205, § 13.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 14 - Department of Justice (2004) › Subchapter II - Secretary of Justice (§§ 292 — 292q) › § 292k - Leave

When an employee is summoned to appear before the Department in relation to any matter or investigation, the employer may not dock the salary or deduct from the vacation or sick leave, the hours or days he/she used to comply with the summons.
History —Aug. 9, 2004, No. 205, § 14.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 14 - Department of Justice (2004) › Subchapter II - Secretary of Justice (§§ 292 — 292q) › § 292l - Per diems and mileage

The Secretary is hereby empowered to fix through regulations all matters relative to the amount and manner of payment of per diems and mileage to persons summoned by the Department in relation to any matter or investigation, when economic resources so allow and in attention to the needs of the person who so requests. Exclusion from these provisions is made as to the public officials and employees that appear before any official or employee of the Department due to the inherent functions of their office or job.
The funds for the payment of per diems and mileage shall originate from the special fund under the administration of the Board of Seizures created by §§ 1723 et seq. of Title 34, or from the Special Fund created by §§ 291—295u of this title.
History —Aug. 9, 2004, No. 205, § 15.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 14 - Department of Justice (2004) › Subchapter II - Secretary of Justice (§§ 292 — 292q) › § 292m - Granting of immunity

The Secretary or the official onto whom he/she delegates is the only official of the Executive Branch with the power to grant immunity to any person in the course of an investigation or proceeding when, in his/her judgment, it is necessary to best serve justice, pursuant to what is established in §§ 591—597 of Title 1, known as “Act for the Proceedings and Granting of Immunity to Witnesses”, except for the provisions of §§ 99h—99y of this title, which creates the office of Special Independent Prosecutor. The Secretary shall establish through regulations the norms, procedure and criteria that shall be taken into consideration when granting immunity.
When a person duly summoned by an official or employee of the Commonwealth authorized by law to issue summons to appear and testify or produce evidence in an investigation or proceeding, refuses to appear, to testify or to produce the evidence on the grounds that the testimony or evidence might incriminate him/her or expose him/her to criminal, civil, administrative or other proceedings that may entail the removal or suspension from his/her job, profession or occupation, the official or employee of the Commonwealth shall notify the Secretary of said refusal in order for him/her or the official onto whom he/she delegates to determine whether the situation calls for the granting of immunity to the person summoned or to bring the pertinent action pursuant to the law.
History —Aug. 9, 2004, No. 205, § 16.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 14 - Department of Justice (2004) › Subchapter II - Secretary of Justice (§§ 292 — 292q) › § 292n - Investigation of petitions for pardon

The Secretary shall investigate and report on the petitions for pardon submitted to him/her by the Governor. Courts, when so required, shall inform the Secretary as to the sentence and criminal history of the petitioner.
History —Aug. 9, 2004, No. 205, § 17.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 14 - Department of Justice (2004) › Subchapter II - Secretary of Justice (§§ 292 — 292q) › § 292p - Undersecretary of Justice

The Secretary shall appoint an Undersecretary of Justice, who shall be an attorney-at-law admitted into the bar by the Supreme Court of Puerto Rico, with a minimum professional experience of ten (10) years and who enjoys a good reputation. Under his/her direction, the Undersecretary shall assist him/her in his/her functions and discharge all the duties and obligations he/she assigns.
History —Aug. 9, 2004, No. 205, § 19.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 14 - Department of Justice (2004) › Subchapter II - Secretary of Justice (§§ 292 — 292q) › § 292q - Attributions

The Undersecretary of Justice shall substitute and exercise all the attributions of the Secretary as the Acting Secretary of Justice in case of death, resignation, severance, absence or temporary disability of the Secretary, except when the Governor designates another person to discharge these functions. The Secretary shall determine, in his discretion, who among the officials of the Department shall substitute him/her when the Undersecretary of Justice is absent temporarily for any reason.
History —Aug. 9, 2004, No. 205, § 20.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 14 - Department of Justice (2004) › Subchapter III - Personnel System (§§ 293 — 294p) › § 293 - Individual administrator

The Department shall be an individual administrator pursuant to the definition thereof in Act No. 5 of October 14, 1975, as amended, known as the former “Puerto Rico Public Service Personnel Act”. The Secretary shall adopt regulations to guarantee the continuity of a modern and fair personnel administration system attune with the public policy in effect regarding public service personnel.
The Secretary shall implement the personnel administration system that shall govern officials and employees of the Department. The Secretary shall make available for the components attached to the Department the services related with human resources administration as needed to implement their respective enabling acts, when it does not affect the operations of the Department.
History —Aug. 9, 2004, No. 205, § 21.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 14 - Department of Justice (2004) › Subchapter III - Personnel System (§§ 293 — 294p) › § 293a - Appointment of personnel

The Secretary shall appoint and supervise the personnel necessary to better meet the purposes of §§ 291—295u of this title. Likewise, he/she shall fix the pay for the employees and officials he/she appoints based on the Compensation Plans in effect. Furthermore, he/she may establish suppletory methods to pay or compensate career and confidential employees, subject to the provisions in the regulations. Said regulations shall comply with what is established by Act No. 89 of July 12, 1979.
Likewise, the Secretary may establish suppletory compensation methods for prosecutors, advocates and property registrars, subject to the provisions of the regulations.
History —Aug. 9, 2004, No. 205, § 22.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 14 - Department of Justice (2004) › Subchapter III - Personnel System (§§ 293 — 294p) › § 293b - Designation of attorneys to act as Special Advocates or Prosecutors

The Secretary is hereby authorized to extend Special Prosecutor appointments to the attorneys of the Department, the agencies or the public corporations in those cases he/she believes it to be necessary and meritorious so that, as part of their regular functions, they are able to act in cases of violation of the laws of the Commonwealth. When these are attorneys from an agency or public corporation, the appointments shall be extended by the Secretary at the request of the head thereof without there being any additional expenditure whatsoever for the Commonwealth. Attorneys thus designated shall have the attributions of a prosecutor. Likewise, when the needs of service so require, the Secretary may extend Family Advocate appointments to attorneys of the Department so that they discharge the functions of the former. Under exceptional circumstances, he/she may also designate them as Advocate for Minors’ Affairs to discharge the functions concerning only the matters covered by §§ 2201 et seq. of Title 34, known as the “Puerto Rico Minors’ Act”. Attorneys thus designated shall be subject to the regulations and norms of conduct applicable to officials of the Department.
History —Aug. 9, 2004, No. 205, § 23.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 14 - Department of Justice (2004) › Subchapter III - Personnel System (§§ 293 — 294p) › § 293c - Designation of attorneys from other agencies

The Secretary may designate attorneys from other agencies, in coordination with the head of the agency, when he/she deems it to be necessary, to represent the Commonwealth in an action or proceeding, or an official or employee to assist him/her in the discharge of any other responsibility pursuant to the norms and conditions he/she may establish through regulations for these purposes. The attorney, official or employee thus designated shall carry out the task commissioned under the supervision of the corresponding official of the Department and shall be subject to the regulations and norms of conduct applicable to the attorneys of the Department. However, he/she shall maintain his/her status, condition, and vested rights as an official or employee of the agency for which he/she works.
History —Aug. 9, 2004, No. 205, § 24.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 14 - Department of Justice (2004) › Subchapter III - Personnel System (§§ 293 — 294p) › § 293d - Contracting and assignment of attorneys

The Secretary is hereby authorized to contract attorneys to render services at the Department pursuant to the contracting norms applicable to executive departments, as it be provided through regulations. Attorneys thus contracted may act as delegates and representatives of the Secretary in those actions, proceedings or matters that the Secretary determines.
History —Aug. 9, 2004, No. 205, § 25.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 14 - Department of Justice (2004) › Subchapter III - Personnel System (§§ 293 — 294p) › § 293e - Designation of attorneys for agencies and public corporations

The Secretary may designate attorneys appointed or contracted by the Department, when he/she deems it convenient, to render services to the agencies and public corporations in those cases they so request if by this a more expedite and specialized legal representation is attained.
The public corporations in which the attorneys so designated render services are under the obligation to provide the amount for the services to be rendered by the Secretary and all those necessary expenses incurred to process the case or matter. The amount of the payments for services rendered by the attorneys designated by the Secretary shall be covered into the Special Fund created in the Commonwealth Treasury by virtue of §§ 291—295u of this title. The Secretary of the Treasury shall make available to the Department the amounts covered into said Special Fund so that the Secretary may make the disbursements that are in order, chargeable to said fund, pursuant to the regulations applicable.
History —Aug. 9, 2004, No. 205, § 26.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 14 - Department of Justice (2004) › Subchapter III - Personnel System (§§ 293 — 294p) › § 293f - Practice of the legal and notary professions, prohibited

The private practice of the legal and the notary professions is incompatible with the appointment to a regular job as attorney or prosecutor of the Department. However, an attorney may practice as a notary as a part of the functions of his/her office, provided there is a written authorization of the Secretary.
History —Aug. 9, 2004, No. 205, § 27.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 14 - Department of Justice (2004) › Subchapter III - Personnel System (§§ 293 — 294p) › § 293g - Participation in associations or groups

The officials and employees of the Department may organize and belong to bona fide public employee groups covered under § 702 of this title, which are constituted of officials and employees of the Department only.
History —Aug. 9, 2004, No. 205, § 28.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 14 - Department of Justice (2004) › Subchapter III - Personnel System (§§ 293 — 294p) › § 293h - Sabbatical leave—Establishment

A sabbatical leave program is hereby established for prosecutors, advocates and attorneys appointed pursuant to the provisions of §§ 291—295u of this title, and for property registrars and all other personnel as determined through regulations, with the purpose of providing them with the opportunity to pursue advanced or specialized studies or to conduct research, for the period of time and at the institutions authorized by the Secretary.
History —Aug. 9, 2004, No. 205, § 29.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 14 - Department of Justice (2004) › Subchapter III - Personnel System (§§ 293 — 294p) › § 293i - Sabbatical leave—Request; duration

Eligible officials and employees who have accrued at least five (5) years of service as such, may request a sabbatical leave pursuant to the provisions of §§ 291—295u of this title and the regulations to be adopted by the Secretary for these purposes. Sabbatical leave may be granted for a maximum period of one (1) year, except when due the nature of the studies, training or research, it is determined otherwise. The eligible personnel shall make the commitment to render services to the Department for a period equal to double the duration of the sabbatical leave granted.
History —Aug. 9, 2004, No. 205, § 30.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 14 - Department of Justice (2004) › Subchapter III - Personnel System (§§ 293 — 294p) › § 293j - Sabbatical leave—Annual plan; eligibility norms

The Secretary shall adopt, in coordination with the Institute, an annual plan for granting sabbatical leave and establish the conditions under which said leave shall be granted through regulations. Furthermore, the Secretary shall fix in said regulations the norms to determine the eligibility of the candidates requesting the sabbatical leave, for which he/she shall take into account the following factors, among others:
(a) There is the need for the personnel concerned to renew their knowledge, ideas, perspective and techniques through studies and research and by experiencing the criminal and civil justice administration systems of other jurisdictions.
(b) The effect of granting the sabbatical leave on the services rendered and the availability of financial resources.
(c) The performance and a manifest interest of remaining in the public service of the candidate requesting the leave.
History —Aug. 9, 2004, No. 205, § 31.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 14 - Department of Justice (2004) › Subchapter III - Personnel System (§§ 293 — 294p) › § 293k - Sabbatical leave—Reports

The official or employee of the Department who is granted sabbatical leave shall submit the reports and furnish evidence as required by the Secretary for the duration of the leave pursuant to what is to be established through regulations. The Secretary may require him/her to collaborate in conferences and in orientation, training and competency programs sponsored by the Institute.
Within thirty (30) days following the date on which the sabbatical leave ends, the official or employee of the Department shall submit a final report to the Secretary on the work carried out during the period granted and the evidence that all the requirements of the study, training or research program have been met.
History —Aug. 9, 2004, No. 205, § 32.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 14 - Department of Justice (2004) › Subchapter III - Personnel System (§§ 293 — 294p) › § 293l - Sabbatical leave—Benefits

The official or employee of the Department enjoying sabbatical leave shall earn his/her corresponding salary, subject to the deductions that are regularly in order by law, and he/she shall continue to contribute to the retirement system of which he/she is a member. The period during which he/she is enjoying sabbatical leave shall be computed for retirement purposes, and he/she shall accrue vacation and sick leave days as if he/she were in the regular service. Enjoying this leave shall not interrupt the term of appointment corresponding to the office of the official concerned.
History —Aug. 9, 2004, No. 205, § 33.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 14 - Department of Justice (2004) › Subchapter III - Personnel System (§§ 293 — 294p) › § 293m - Internal organization

The Secretary is hereby empowered to establish the internal organization and structure of the Department to better discharge the functions imposed on him/her by law, subject to the norms and guidelines that apply on the organization of the Executive Branch. In addition to those established in §§ 291—295u of this title, the following components are hereby incorporated and made an operational part of the administrative structure of the Department:
(a) The Special Investigations Bureau created by §§ 138a—138r of this title, and the programs that have been attached to it at the time of effectiveness of this act and those that may be assigned in the future.
(b) The Seizures Board created by Act No. 93 of July 13, 1988.
(c) The Crime Victims Compensation Office created by §§ 981—981n of Title 25.
(d) The Criminal Justice Information System created by §§ 531—531r of Title 4.
(e) The Property Registry created by §§ 2001 et seq. of Title 30.
The Secretary shall make available to the components mentioned above and to any other attached to the Department hereafter, the administrative services needed to implement their respective enabling acts when it does not affect the operation of the Department.
History —Aug. 9, 2004, No. 205, § 34.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 14 - Department of Justice (2004) › Subchapter III - Personnel System (§§ 293 — 294p) › § 293n - Administration, norms, systems, and procedures

The Secretary, in the discharge of his/her functions and in the development of the administrative activity, shall have, without it being construed as a limitation, the following duties and powers:
(a) Prepare and administer the budget of the Department.
(b) Coordinate and evaluate periodically the operations of the attached programs, for which he/she shall adopt the norms, systems and procedures necessary to carry out the functions entrusted by law.
(c) Acquire or lease goods and services of any nature, sell or otherwise dispose of personal property as he/she considers necessary, without being subject to the pertinent provisions in §§ 931 et seq. of this title, better known as the “General Services Administration Act”. However, the precepts relative to the Exclusive Register for Bidders.
He/she shall establish through regulations the norms, criteria and procedures that shall govern the procurement of equipment, supplies, articles and non-professional services attune with the principles set forth in said sections.
The regulations adopted by the Secretary shall provide for the procurement of all goods or services of any sort made by the Department, excluding contracts for professional services, to be conducted through a formal bid or proposal soliciting procedure. However, the formal bid procedure shall not be necessary when:
(1) The purchase or acquisition does not exceed fifteen ten [sic] thousand dollars ($15,000);
(2) it is necessary to make the purchase or acquisition immediately, due to an emergency situation, which circumstances shall be recorded in writing in the purchase record;
(3) replacement parts, accessories, equipment or supplementary services are needed for equipment or services previously delivered or contracted;
(4) the purchase is made from the Government of the Commonwealth or of the United States of America, or from their agencies;
(5) prices are not subject to competition because there is but one supplying source or because they are regulated by law, or
(6) when the only supplying source is outside of Puerto Rico.
In the cases listed above, the acquisition or purchase may be made through an informal procedure or at the open market in the usual course of business. However, in all cases, it shall be justified in writing and approved by the Secretary or the person onto whom he/she delegates.
(d) Use electronic and computer support, means and applications in his/her administrative functions. The Secretary shall adopt the technical and organizational measures needed to ensure the authenticity, integrity, availability, confidentiality and conservation of information.
History —Aug. 9, 2004, No. 205, § 35.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 14 - Department of Justice (2004) › Subchapter III - Personnel System (§§ 293 — 294p) › § 293o - Leasing

The Secretary is hereby authorized to charge and collect for the use or to lease the administration and operation of the parking facilities property of or occupied by the Department outside of working hours. This determination shall be made with the purpose of covering operation and maintenance expenses of facilities and providing the community in which the Department is located with parking alternatives outside working hours. The amounts thus collected shall be covered into the Special Fund created by §§ 291–295u of this title.
History —Aug. 9, 2004, No. 205, § 36.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 14 - Department of Justice (2004) › Subchapter III - Personnel System (§§ 293 — 294p) › § 293p - Charge of fees and payment of costs

The Secretary is hereby authorized to charge and collect the corresponding fees for copies of records whose surrender is ordered by the court, as well as of the opinions and of any other document issued to the general public, in order to recover the expenses incurred for the information search, preparation and reproduction. The copies of the original documents stored by or in electronic or computerized means or support systems shall have the same validity and effectiveness as the original document, provided its authenticity, integrity and conservation is guaranteed.
The Secretary shall fix the fees and establish the procedure to request these services through regulations, as well as the as well as the safety measures when electronic and computerized media are used. The moneys thus collected shall be covered into the Special Fund created by §§ 291—295u of this title.
Likewise, to be covered into the Special Fund created by §§ 291—295u of this title shall be the amounts paid to the Commonwealth to defray costs and attorney’s fees, pursuant to what is established by Civil Procedure Rule No. 44 for the General Court of Justice.
History —Aug. 9, 2004, No. 205, § 37.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 14 - Department of Justice (2004) › Subchapter III - Personnel System (§§ 293 — 294p) › § 293q - Publications

The Secretary may print, publish and use electronic and computerized equipment, media and applications to diffuse informational material related to the functions of the Department when in his judgment it is necessary to disclose for the knowledge of the general public or to foster public interest. Publications may be sold for the cost of reproduction and preparation, and the proceeds of these sales shall be covered into the Special Fund created by §§ 291—295u of this title.
History —Aug. 9, 2004, No. 205, § 38.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 14 - Department of Justice (2004) › Subchapter III - Personnel System (§§ 293 — 294p) › § 293r - Exemption from payment of fees

Proceedings in which, by authorization of law, prosecutors, advocates or attorneys designated by the Secretary act as legal counsel for one party shall be processed free from payment of fees.
History —Aug. 9, 2004, No. 205, § 39.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 14 - Department of Justice (2004) › Subchapter III - Personnel System (§§ 293 — 294p) › § 293s - Special Fund

A Special Fund is hereby created in the Treasury of Puerto Rico, into which the resources authorized by §§ 291—295u of this title shall be covered. The Secretary shall use the resources of this Fund for the ends authorized by §§ 291—295u of this title and for the following purposes, subject to applicable conditions and restrictions:
(a) To print, reproduce and distribute reports, opinions, studies and other documents;
(b) to establish and modernize the automated systems used to carry out the works of the Department, and to acquire, lease, install, adapt, maintain or repair said equipment;
(c) for the training of employees and officials of the Department, and to contract experts and technical consultants;
(d) to defray the expenses involved in taking depositions and any other expense incidental to processing judicial or administrative actions;
(e) for the payment of differentials in the salaries of attorneys and all other employees of the Department, in order to propitiate their retention in the service, provided there are resources available and circumstances which so justify prevail;
(f) to grant annual bonuses to the attorneys and all other employees of the Department in recognition of extraordinary services rendered and pursuant to applicable norms;
(g) for the contracting or appointment for a fixed term of attorneys and other necessary support personnel;
(h) to acquire, maintain and replace equipment and property and to purchase supplies;
(i) for the maintenance, safety, surveillance and beautification of facilities and parking lots belonging to the Department or the Commonwealth, the operation of which is delegated onto the Department;
(j) to increase the budget of the Legal Services Institutions Contribution Program, in order to guarantee adequate legal representation for indigents, and
(k) for all those purposes which aim to improve and expedite the procedures of the Department.
Accounting shall be kept of the resources covered into the Special Fund in the books of the Secretary of the Treasury separate from any other funds from other sources received by the Department in order to facilitate their identification and use.
The remainder of the Special Fund that as of June 30 of each year is not used for the purposes contemplated in §§ 291—295u of this title shall be kept in said Special Fund, as well as the interest it yields, for the exclusive use of the Department and pursuant to the provisions of §§ 291—295u of this title.
History —Aug. 9, 2004, No. 205, § 40.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 14 - Department of Justice (2004) › Subchapter III - Personnel System (§§ 293 — 294p) › § 293t - Legal Library—Creation

The Department shall have a Legal Library that shall have the bibliographical resources necessary to constitute a consultation and reference source for officials, attorneys and the personnel of the Department, all other government agencies, members of the legal profession and the general community. The Secretary shall appoint a Director, who shall be in charge of the administration, supervision of personnel, organization and development of collections. The Director shall appoint, with the approval of the Secretary, the personnel necessary for the best operation of the departments and areas of the Legal Library.
History —Aug. 9, 2004, No. 205, § 41.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 14 - Department of Justice (2004) › Subchapter III - Personnel System (§§ 293 — 294p) › § 293u - Legal Library—Director

The Director of the Legal Library is hereby designated as the official in charge of property for all pertinent legal and regulatory purposes. In such a capacity, he/she is responsible for the custody of the property of the Legal Library and for maintaining a registry thereof. Furthermore, he/she shall have the responsibility to submit an annual inventory and the reports he/she is required by law, regulations or the Secretary.
The Director of the Legal Library shall adopt through regulations, approved by the Secretary, the procedures relative to the property under his/her custody, such as acquisition, disposal or forfeiture and donation, among others, and on any other matter for which regulations are considered to be in order.
History —Aug. 9, 2004, No. 205, § 42.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 14 - Department of Justice (2004) › Subchapter III - Personnel System (§§ 293 — 294p) › § 293v - Office of the General Prosecutor—Creation

The Office of the General Prosecutor of Puerto Rico is hereby created in the Department with the responsibility to investigate and prosecute all criminal cases in the jurisdiction of the Commonwealth and the civil or administrative matters as necessary to impose liability on the subject under investigation or criminal prosecution. He/she shall also bring the pertinent actions for the restitution of funds and property obtained as the result of the commission of crimes relative to government corruption, organized crime and controlled substances or any other criminal activity.
The Office of the General Prosecutor shall have the professional and support personnel necessary to discharge its functions. Its main location shall be at the central offices of the Department.
History —Aug. 9, 2004, No. 205, § 43.