2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 16 - Department of Consumer Affairs (§§ 341 — 341w) › § 341e - Powers and faculties of the Secretary

In addition to the powers and faculties transferred by this chapter, the Secretary of Consumer Affairs shall have the following powers and authorities:
(a) To regulate, fix, control, freeze and review the prices, profit margins and yield rates on the capital invested at all marketing levels on the goods, products and those services that are currently and traditionally rendered and charged for by the hour or per unit, which are offered or sold in Puerto Rico, in those cases where such measures are justified to protect the consumer from unjustified [increases] in prices, to avoid the deterioration of the purchasing power of the consumer, and to protect the economy from inflationary pressures. Without it being construed as a limitation to any person with legitimate interest in the coffee market who may request review at any time, the Secretary shall be bound to review the price of coffee within a term that shall not exceed five (5) years, in which the current situation of the industry shall be evaluated and, if deemed necessary, any proposed increase in price shall be fixed according to recommendations that may arise from the economic studies conducted by a Coffee Evaluating Committee composed of economists of the Department of Consumer Affairs, the Department of Agriculture, the School of Agricultural Sciences of the University of Puerto Rico, and a representative of each of the three (3) sectors of the coffee industry (farmers, processors, and roasters) appointed by the Secretary of Agriculture.
(b) To attend consultations and offer technical advice and, further, to give legal assistance to consumers in laudable cases.
(c) To attend, investigate and resolve the claims and complaints presented by the consumers of goods and services acquired or received from the private sector of the economy. When a complaint is upheld, the Secretary shall order the losing defendant who has acted recklessly to pay all or part of the expenses incurred by the Department in the processing thereof. The Secretary shall provide the charges for expenses that must be paid by the losing accused defendant through regulations.
(d) To enforce, fulfill and defend the rights of the consumers, just as they are contained in the laws in force, through a structure of administrative adjudication with full powers to adjudge complaints brought before its consideration and to grant the pertinent remedies according to law; Provided, [That] the Secretary may delegate the faculties conferred in this subsection on that official he may consider qualified to exercise such duties.
(e) To represent the public consumer before any private entity or public organization in any matter affecting or which might affect the interests of the consumer.
(f) To appear for and in representation of the consumers before any court, board or committee, administrative organization, department, office or agency of the Commonwealth of Puerto Rico and/or of the Government of the United States in any hearing, proceeding or matter that affects or may affect the interests of the consumer in general, or groups of consumers or of any particular consumer.
(g) To prescribe the necessary rules and standards for the conducting of the administrative proceedings, both regulatory and adjudicative, that the Department may hold.
(h) To issue subpoenas to compel appearance of witnesses and production of documents and/or information.
(i) To claim any legal remedies necessary to render effective the purposes of this chapter and to obtain compliance with the Department rules, regulations, orders, resolutions and determinations.
To such ends, any petition to obtain compliance with any order of the Department of Consumer Affairs shall be submitted or presented in the Court of Justice corresponding to the Department’s Regional Office where the claim proceeding took place, regardless of the fact that the party against whom the claim was made (defendant) does not reside in the area covered by said Regional Office.
(j) To regulate and inspect the advertisements and the deceitful practices in commerce, including the faculty of inspecting the advertisement on the kind and other qualities of the products and services published through different media of communications, as well as to require from the advertisers evidence as to the truthfulness of the advertisement published.
(k) To regulate and inspect the sale and the mechanisms of franchise distribution in Puerto Rico in the areas covered by subsections (a) and (j) of this section.
(l) To promote and establish standards for the quality, safety and genuineness in services and in the products for use and consumption and to require compliance therewith. Within a reasonable period of time, the Secretary may require any enterprise that sells a product or offers a service in Puerto Rico, and is subject to a complaint, to a routine investigation or to information that challenges the genuineness of the product or service, to carry out tests for quality, safety and genuineness, performed as specifically provided in each case, and paid for by the enterprise itself. If the results should reveal any lack in the quality, safety and genuineness of the product or service, the Secretary may choose to order that such tests be performed, and charge their cost or any part thereof, to the enterprise. He/she may also charge the cost incurred when divulging any warning related to the quality, safety and genuineness of the product or service.
(m) To stimulate the formation of nonprofit private groups of consumers, exclusively engaged in protecting and watching over the interests of the consumer.
(n) To study the problems of the consumer and the best ways of protecting this interests through the promulgation of appropriate regulations. Provided, That the Secretary shall establish, through regulations, in those cases that he/she deems is necessary and in the best interests of consumers, that any type of document or warranty that must be signed by a consumer shall be written in the Spanish language, unless the consumer states his/her preference that it be drafted in English, and in a format of letters of not less than a ten (10) point type.
(o) To recommend the legislation deemed necessary to protect the consumer. To compile, evaluate and divulge the existing legislation and regulation for protecting the consumer, as well as studies, opinions and resolutions, norms and procedures, transcripts, and any other document or recording found in the official files. Provided, That in order to recover the expenses or any part thereof, incurred for printing, reproduction and distribution, the corresponding fees may be charged for copies of such documents, reproductions, transcripts and re-recordings issued at the request of the interested party or those issued to the general public. The revenues thus obtained shall be deposited into a specific account in favor of the Department of Consumer Affairs. The Secretary of the Treasury shall put at the disposal of the Department of Consumer Affairs the monies deposited into that account through warrants authorized or signed by the Secretary. However, the Secretary may distribute said copies, transcripts and re-recordings free of charge to government bodies, universities, public and private schools, as well as to any other person that may so request when, in his/her judgment, it is necessary for the purposes of the programs of the Department of Consumer Affairs. The Secretary shall consign in a set of regulations the guidelines, conditions and exceptions that shall govern the distribution of and collection for such publications, documents, reproductions, transcripts and re-recordings.
(p) To educate and guide the consumer in the adequate solution of his consumption problems and in the best use of his income and of his credit, using therefor all techniques and means of communication within its reach.
(q) To establish the necessary coordination with other government agencies and organizations for the effective canalization of the education and guidance of the consumer in accordance with the programs and activities of each agency.
(r) To refer to the corresponding organizations, agencies or departments those matters and complaints coming within their jurisdiction under their respective laws.
(s) In coordination with the other agencies and departments of the Commonwealth of Puerto Rico, promote and watch over the enforcement of all laws, rules, regulations and orders which affect the interests of the consumer.
(t) To enter into contracts or agreements with public or private persons or institutions for carrying out investigations, tests, examinations or analyses of products, goods or services as well as to carry out publicity campaigns.
(u) To require the keeping and safeguarding of such records and other documents as may be necessary to enforce the provisions of this chapter.
(v) To take testimony under oath.
(w) To inspect records, inventories, documents and physical facilities and examine the operations of persons or entities subject to regulation under the provisions of this chapter and other acts administered by the Department. The person or entity object of the investigation shall reimburse any reasonable and adequate disbursements and expenses incurred in the investigation, upon presentation of a detailed account of such disbursements or expenses by the Secretary. The Secretary shall provide, through regulations, the fees to be charged for inspection or examination that must be paid by the person or entity inspected, which shall never in any case exceed one half of one percent (0.5%) of the annual volume of business.
(x) To adjudicate the complaints that the Office of Monopolistic Affairs of the Department of Justice files and processes under the provisions of § 259 of Title 10.
(y) To collect, receive, deposit and deliver the amounts corresponding to consumers for claims involving any compensation, right or benefit resulting from administrative transactions or judicial activities performed pursuant to the provisions of this chapter when such amounts are deposited in trust in this Department or when consumers cannot be located. In these cases, the Secretary shall proceed as established by § 341w of this title.
(z) To establish a licensing and bonding system from the sale and rental of goods, products and services offered in Puerto Rico, when it is necessary and proper in order to put into effect the purposes of this chapter. The Secretary may also require the registration of the persons engaged in any commercial activity, in the sale or rental of properties, warranties and any other information whose divulgation benefits the consumers. The bonding, licensing or registration requirements established by this chapter shall not apply to commercial activities or persons subject to other registries, licenses or bonds by virtue of other special acts. The municipal business licenses or certificates of incorporation shall not be understood as such.
Through regulations approved for these purposes, the Secretary shall fix and revise the fees to be charged for the licenses issued under this chapter, as well as the charges for investigating the license applications and the registration fees. He/she shall, likewise, provide the forms and the total amount of the bonds required. The license fees, the charges for investigation and the registration fees shall not be less than twenty-five dollars ($25) nor more than three hundred dollars ($300). The amount of the fees, charges and bonds that have been established by law or by regulation for commercial and service activities that are similar and comparable, as well as the expenses that their processing entails shall be taken into document, among other criteria, for their determination. In the case of bonds, they shall be fixed and revised, so that based on experience, the amount and type of the bond reasonably responds for compliance with the contracted obligations.
(aa)
(1) To handle, investigate, adjudicate and process the complaints filed by persons with developmental disabilities against private entities receiving funds from programs contemplated by federal laws for the benefit and protection of said persons.
(2) To handle, investigate and adjudicate the complaints filed by those persons with developmental disabilities against public or quasi-public agencies under the benefits of the programs mentioned in clause (1) of this subsection.
(3) To appear for, or in representation of, those persons with developmental disabilities who qualify for benefits under the pertinent federal laws, before any forum, Commonwealth or federal court, board or commission, administrative body, department, office or agency of the Commonwealth of Puerto Rico, in any hearing, proceeding or issue that affects or may affect the interests, rights and prerogatives of these persons.
(4) Upon consultation with the Secretary of Justice, to file for and on behalf of persons with developmental disabilities, any legal remedy or recourse in force, which the federal laws contemplate to defend, protect and safeguard the interests, rights and prerogatives of those persons against any public or quasi-public agency.
(bb) To regulate, fix, control, freeze and review the prices, profit margins and rates of return on the capital invested at all marketing levels of liquefied petroleum gas.
(cc) Regulate, fix, control, freeze, and revise the prices, profit margins, and rate of return on invested capital at all marketing levels of diesel fuel.
The revenues collected under subsections (c), (l), (w) and (z) of this section, shall be entered into the books of the Secretary of Justice apart from any other funds that the Department of Consumer Affairs sees fit to receive. These funds shall be accounted outside of any particular calendar year. The revenues thus collected shall be covered into the Special Fund of the Department of Consumer Affairs.
History —Apr. 23, 1973, No. 5, p. 15, § 6; June 26, 1974, No. 87, Part 1, p. 306, § 1; June 23, 1978, No. 71, p. 240, § 1; Nov. 21, 1978, No. 7, p. 691, § 1; June 3, 1980, No. 87, p. 241, § 1; Sept. 27, 1985, No. 2, p. 816, § 23; July 1, 1986, No. 56, p. 196, § 1; July 12, 1986, No. 129, p. 406, § 1; July 11, 1988, No. 69, p. 315, § 1; Aug. 22, 1990, No. 58, p. 230, § 1; Sept. 2, 2000, No. 361, § 1; Mar. 27, 2004, No. 83, § 1; Jan. 5, 2006, No. 6, § 1; Aug. 9, 2008, No. 222, § 1; Mar. 9, 2009, No. 10, § 1; Dec. 30, 2011, No. 285, § 1.