reglab/statecodes huggingface dataset:
2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART III - Puerto Rico Public Service Act (§§ 1001 — 1282) › Chapter 52 - Organization of the Commission (§§ 1051 — 1060) › § 1053 - Quorum

Three (3) members of the Commission shall constitute a quorum for one session of the full Commission. Two (2) Commissioners shall constitute a quorum to take a decision when the Commission is divided into chambers. The Chairman shall be part of any of the two chambers to decide a tie vote that may arise in the decision of any matter of which a chamber may take cognizance, and, in his discretion, he may be part of a chamber in the decision of any other business.
History —June 28, 1962, No. 109, p. 288, § 6; July 7, 1973, No. 14, p. 782, § 1, retroactive to July 1, 1973.
2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART III - Puerto Rico Public Service Act (§§ 1001 — 1282) › Chapter 52 - Organization of the Commission (§§ 1051 — 1060) › § 1055 - Duties of the Secretary

The Commission shall have a Secretary to be appointed by it. It shall be his duty to keep the files of the Commission and a full and true record of all proceedings thereof. He shall be the custodian of the minutes and proceedings of the Commission, and shall file and preserve all documents which may be entrusted to him, processing same as the Commission may direct.
Under the direction of the Chairman, the Secretary shall give notice of all determinations, rulings and orders of the Commission. He shall prepare for service such documents and notices as may be required of him by the Commission, and shall perform such other duties as the Commission may prescribe. He shall have power to administer oaths in all proceedings before the Commission.
The Chairman shall designate the Secretary or any other employee to act as disbursing officer and collector of the Commission with respect to requisitions, disbursements and collections. Before entering upon the duties of his office, he shall give a bond in favor of the Commonwealth of Puerto Rico in the sum of ten thousand dollars ($10,000), conditioned on the faithful performance of his official duties. The premiums of such bond shall be paid from the funds appropriated to the Commission.
The Commission shall also have an Assistant Secretary who shall be appointed by the Chairman. It shall be his duty to perform the duties of the Secretary in his absence, and such other duties as the Chairman may determine. The Assistant Secretary, like the Secretary, shall have power to administer oaths in any proceeding before the Commission.
History —June 28, 1962, No. 109, p. 288, § 8, eff. 90 days after June 28, 1962.
2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART III - Puerto Rico Public Service Act (§§ 1001 — 1282) › Chapter 52 - Organization of the Commission (§§ 1051 — 1060) › § 1056 - Personnel

The Chairman shall appoint the experts, examiners, clerks, and other employees that may be necessary. The compensation of the examiners and experts shall be fixed by the Commission. All other employees of the Commission shall be subject to the provisions of the Personnel Act, No. 345, approved May 12, 1947.
History —June 28, 1962, No. 109, p. 288, § 9, eff. 90 days after June 28, 1962.
2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART III - Puerto Rico Public Service Act (§§ 1001 — 1282) › Chapter 52 - Organization of the Commission (§§ 1051 — 1060) › § 1057 - Filing and inspection fees

Within the term of sixty (60) days counting from the effective date of this act, the Commission shall issue an order fixing the fees that it shall collect for the inspection of vehicles, sites and enterprises, and for the filing of authorization applications. In no case will the inspection and filing fees exceed twenty-five dollars ($25) and five hundred dollars ($500), respectively. The inspection and filing fees shall be established through regulations approved pursuant to §§ 2101 et seq. of Title 3. The collections officer shall keep a record of the fees collected and will deliver them to the Secretary of the Treasury.
History —June 28, 1962, No. 109, p. 288, § 10; Aug. 22, 1990, No. 50, p. 202, § 2.
2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART III - Puerto Rico Public Service Act (§§ 1001 — 1282) › Chapter 52 - Organization of the Commission (§§ 1051 — 1060) › § 1058 - Principal office

The principal office of the Commission shall be in the Capital of Puerto Rico.
History —June 28, 1962, No. 109, p. 288, § 11, eff. 90 days after June 28, 1962.
2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART III - Puerto Rico Public Service Act (§§ 1001 — 1282) › Chapter 52 - Organization of the Commission (§§ 1051 — 1060) › § 1059 - Meetings

The Commission shall hold regular meetings at regular intervals at least twice a month in its offices, and may hold special meetings at any time and place in Puerto Rico.
History —June 28, 1962, No. 109, p. 288, § 12, eff. 90 days after June 28, 1962.
2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART III - Puerto Rico Public Service Act (§§ 1001 — 1282) › Chapter 52 - Organization of the Commission (§§ 1051 — 1060) › § 1060 - Printing of decisions

In the year following the taking effect of this act, and in succeeding years, the Commission shall cause to be printed all decisions issued by it and deemed of interest in reference to the construction of the public service law and regulations. These shall be available for sale at a price sufficient to cover printing and distribution expenses. Revenues from this source shall be delivered to the Secretary of the Treasury. The copies of the decisions shall be available in the Commission’s Office for examination and study, free of charge.
History —June 28, 1962, No. 109, p. 288, § 13, eff. 90 days after June 28, 1962.
2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART III - Puerto Rico Public Service Act (§§ 1001 — 1282) › Chapter 53 - Powers and Duties of the Commission (§§ 1101 — 1124) › § 1102 - Detailed and permanent inventory

The Commission may require any public service company or private carrier to make and keep a continuing detailed and exact record of all useful property used for the public service rendered thereby, and it may require, further, that the said public service company or private carrier keep its books, accounts, and records so as to at all times show the original cost of said physical property, as well as the reserves accumulated for paying for the withdrawal or replacement thereof.
History —June 28, 1962, No. 109, p. 288, § 15, eff. 90 days after June 28, 1962.
2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART III - Puerto Rico Public Service Act (§§ 1001 — 1282) › Chapter 53 - Powers and Duties of the Commission (§§ 1101 — 1124) › § 1103 - New rates or charges; suspension

(a) A petition shall be filed before the Commission for the approval of all new rates or rate modifications. The Commission shall publish a notice of the petition in the press of the country, and offer to all the parties affected an adequate opportunity to be heard in the proceedings carried out, to determine if the petition is approved or not. The rate petitioned shall not be in force during the lapse of such proceedings. The Commission may prescribe the order as it may deem proper as if it were a proceeding originated pursuant to § 1104 of this title.
(b) The Commission, on determining or prescribing fair and reasonable rates, shall be empowered to consider among other things, the grade of efficiency, fitness and adequacy of the available facilities and of the services rendered. It may also consider the value of such services to the public and the potentiality of a public service company to improve said facilities and services. As stipulated in subsection (a) of this section, the Commission shall grant a fair and reasonable profit based on the fair and reasonable rate determined and prescribed for a public service company.
(c) In any rate proceeding, the onus probandi shall rest upon the public service company or private carrier concerned.
History —June 28, 1962, No. 109, p. 288, § 16; June 20, 1970, No. 21, p. 445; June 27, 1974, No. 103, Part 1, p. 341, § 1.
2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART III - Puerto Rico Public Service Act (§§ 1001 — 1282) › Chapter 53 - Powers and Duties of the Commission (§§ 1101 — 1124) › § 1104 - Power to prescribe fair and reasonable rates

(a) Whenever the Commission shall determine that any rate infringes any provision of this part, or is unreasonable, it shall determine and prescribe the fair and reasonable rate to be charged. In establishing the rates for common carriers, the Commission does not have to consider the latter individually, but it may base its findings on the general situation of the regulated activity.
(b) Whenever the Commission shall determine that any minimum rate of any private carrier is incompatible with the public interest, and offers advantages or undue preferences to such private carrier as in competition with any motor vehicle freight transportation enterprise or other common carrier, or otherwise jeopardizes the stability of the transportation system in Puerto Rico, the Commission may prescribe such fair and reasonable minimum rates as in its judgment may be necessary or desirable, according to the provisions of this part. In order to reach a decision, the Commission shall give due consideration to the expenses incurred by said carrier in the rendering of its services, to the effect that such minimum rate will have on the volume of business of said carrier, and to the necessity of promoting in Puerto Rico a safe, suitable, efficient and economic transportation system, free from unfair or destructive competitive practices.
(c) The Commission shall give an opportunity to be heard to all such parties that might be affected by its findings under subsections (a) and (b).
History —June 28, 1962, No. 109, p. 288, § 17; June 27, 1974, No. 103, Part 1, p. 341, § 2.
2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART III - Puerto Rico Public Service Act (§§ 1001 — 1282) › Chapter 53 - Powers and Duties of the Commission (§§ 1101 — 1124) › § 1105 - Establishment of standards for service and equipment; insurance

(a) The Commission, after giving the affected parties an opportunity to be heard through their participation in quasi-legislative hearings or in writing, may establish service standards and determine the equipment to be used therefor by the public service companies which are reasonable and necessary for the safety, comfort or convenience of its patrons, employees and the public, in the rendering, accounting and evaluating of their services. After granting the parties the opportunity to be heard through their participation in quasi-legislative hearings or in writing, the Commission may also require public service companies to make all such repairs, changes, alterations, additions, extensions and improvements in and about their equipment and service as may be reasonable, necessary and proper for the safety, comfort, convenience and service of its patrons, employees and the public, as well as for rendering and the accounting of its services. The regulation of car rental enterprises shall include the inspection of their vehicles, the fixing of liability insurance, any and all regulations pertaining to the signage of rented cars, and the prohibition of the use of stickers, drawings, signs or stamps which identify the rental nature of said vehicles, and any other regulation the Commission deems necessary pursuant to §§ 1101 and 1108 of this title.
(b) The Commission may require public service companies to file insurance policies or copies thereof, or to post bonds, or to qualify as self-insurers, for such amounts as the Commission may consider reasonably necessary to guarantee payment within the limits required by any final judgment obtained against the company or carrier in question, for any damages caused to any person or property as the result of the negligent or culpable acts or omissions of the company or carrier. This provision shall not apply to public vehicles (P) or public owners (PO).
(c) The Commission shall have the same authority as provided in subsections (a) and (b) of this section with regard to private carriers, except that it may not require them to carry out improvements or extensions to the service or to increase their properties.
History —June 28, 1962, No. 109, p. 288, § 18; June 7, 1977, No. 46, p. 97; July 26, 1979, No. 193, p. 547, § 1; Apr. 30, 1996, No. 32, § 1; Dec. 19, 2002, No. 282, § 69, eff. 180 days after Dec. 19, 2002.
2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART III - Puerto Rico Public Service Act (§§ 1001 — 1282) › Chapter 53 - Powers and Duties of the Commission (§§ 1101 — 1124) › § 1106 - Provisional rates

(a) In any proceeding involving the reasonableness of the rates of any public service company the Commission may, after giving to the parties concerned an adequate opportunity to be heard, in those cases where, in its judgment, such action is required for the public benefit, fix provisional rates which shall be put into effect by the public service company concerned, during the time necessary for the determination of the rates that must be finally authorized or prescribed. When in its judgment the conditions which prevail in an enterprise are such as to require immediate action, the Commission may waive the requisite of hearing, and make its findings in accordance with the information available.
(b) The provisional rates thus prescribed shall be in effect until final resolution of the rate proceeding. If after the fixing of rates, the Commission or the court of review finds that the provisional rates fixed by the Commission are not just and reasonable it shall permit the public service company concerned to recover through a temporary increase on the definite rates, the sum representing the difference between the gross income obtained by reason of the temporary rates and the gross income which would have been obtained had just and reasonable provisional rates been fixed.
History —June 28, 1962, No. 109, p. 288, § 19; July 23, 1974, No. 196, Part 2, p. 78.
2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART III - Puerto Rico Public Service Act (§§ 1001 — 1282) › Chapter 53 - Powers and Duties of the Commission (§§ 1101 — 1124) › § 1107 - Determination of damages

(a) When the Commission, after a hearing, determines that any rate collected, act done or omitted, or practice put into effect, has violated any order, or is unfair or unreasonable, or establishes unfair or undue preferences, or that the rate collected exceeds the rate filed, published and effective at the time the service was rendered, it may order the public service company or private carrier to pay to the party aggrieved, within a reasonable specified time, for the damages sustained due to the rate, act, omission, or unfair, unreasonable or unlawful practice. The order issued to that effect shall set forth the findings of fact and the amount to be paid.
(b) If the public service company or private carrier does not comply with the aforesaid order for the payment of money within the time fixed, the person to whom such payment is directed to be made may bring action therefor, which action, whatever the amount involved, shall be prosecuted according to Rule 60 of Civil Procedure in force. The order of the Commission shall be prima facie evidence of the facts therein stated, and that the amount awarded is justly due the plaintiff in such suit. The public service company or private carrier sued may not plead as a defense that the service was in fact rendered to plaintiff at the price stipulated in its rate in force at the time payment was made and received.
(c) No reparation shall be awarded by the Commission unless the complaint or petition shall have been filed before it within two years from the time the chose of action arose. Suit for the enforcement of an order for such payment shall be commenced within one year from the date of the order.
(d) No action shall be brought on account of damages or losses to which this section refers until the Commission shall have determined that the rate, act or omission in question was unfair, unreasonable, or unjustly discriminatory or unduly or unreasonably preferential, or in excess of the prices under said rates, and such action shall be restricted to recover such damages as the Commission may have awarded and ordered paid.
(e) As part of the proceedings, the Commission may order defendant to discontinue to charge the rate or to carry out or omit the act or practice the object of the complaint and, to such effect, it may require from plaintiff to deposit in the Secretariat a reasonable sum in harmony with the amount justified by the terms of the complaint and subject to any further determination which the Commission may later make.
History —June 28, 1962, No. 109, p. 288, § 20, eff. 90 days after June 28, 1962.
2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART III - Puerto Rico Public Service Act (§§ 1001 — 1282) › Chapter 53 - Powers and Duties of the Commission (§§ 1101 — 1124) › § 1108 - Judicial and administrative actions

It shall be the duty of the Commission to require that the Secretary of Justice, on behalf of the Commonwealth of Puerto Rico, [institute] those civil or criminal procedures that may be necessary to enforce the provisions of this part and the rules approved thereunder. The resources of appeal shall be instituted through the Office of the Solicitor General attached to the Department of Justice. When the action to be instituted is to enjoin and bar public service companies, contract carriers or persons from committing or continuing to commit any act or to punish any acts committed in violation of the provisions of this part, the same may be instituted by the public interest attorneys of the Commission. In addition to the judicial actions established in this part, the Commission is hereby empowered to impose administrative penalties and fines for violations of this part and the rules approved thereunder incurred by public service companies, contract carriers or by any person subject to its provisions. Administrative fines shall not exceed ten thousand dollars ($10,000) for each violation, it being understood that each day the violation persists shall be deemed as a separate violation up to a maximum of two hundred and fifty thousand dollars ($250,000). Administrative fines imposed pursuant to this part shall never exceed five percent (5%) of the gross sales, fifteen percent (15%) of the net income or ten percent (10%) of the net assets of the enterprise or person penalized, whichever is greater, corresponding to the most recent taxable year. In the event a public service company, contract carrier or other person subject to the provisions of this part shows contumacy in the commission or continuation of actions for which an administrative fine has been imposed or in the commission or continuation of actions in violation of this part and its regulations, or shows contumacy in obeying any order or resolution issued by the Commission, the latter may, in the exercise of its discretion, impose administrative fines of up to a maximum of fifty thousand dollars ($50,000) a day, it being understood that every day the violation persists shall be deemed as a separate violation up to a maximum of five hundred thousand dollars ($500,000) for any of the actions set forth herein. In such cases of contumacy and through the unanimous decision of the Commission, fines may be imposed for up to double the limits on the basis of sales, income or assets established in this part, up to maximum of five hundred thousand dollars ($500,000).
History —June 28, 1962, No. 109, p. 288, § 21; June 11, 1965, No. 15, p. 25; June 28, 1969, No. 119, p. 333; May 31, 1972, No. 84, p. 202; July 25, 1997, No. 50, § 1; Aug. 2, 2006, No. 141, § 2.
2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART III - Puerto Rico Public Service Act (§§ 1001 — 1282) › Chapter 53 - Powers and Duties of the Commission (§§ 1101 — 1124) › § 1109 - Accounting system

The Commission may provide the accounting system to be used by public service companies and private carriers. It shall also have the right to examine all accounts, records and notations kept by public service companies and private carriers, and may designate any of its officers or employees to examine them. In all proceedings in which the entries in the accounting system are involved, the burden of proof to establish the correctness thereof shall fall to the public service company or private carrier concerned, and the Commission may suspend any entry until said public service company or private carrier submits proof of its correctness. The Commission shall also have power to require the filing in its office of any information deemed by it necessary. The provisions of this section shall apply to any municipal corporation engaged in rendering or providing to the public any service of the kind and nature rendered or provided by public service companies or private carriers.
History —June 28, 1962, No. 109, p. 288, § 22; June 27, 1974, No. 103, Part 1, p. 341, § 3.
2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART III - Puerto Rico Public Service Act (§§ 1001 — 1282) › Chapter 53 - Powers and Duties of the Commission (§§ 1101 — 1124) › § 1111a - Cable television industries; requirements

Subject to applicable provisions of federal legislation, every operator of a cable television industry shall design, reserve and offer access to non-commercial channels designated for public or educational use as part of the basic service so that every subscriber has access to these channels. The Commission will not grant any authorization for the operation of cable television industries unless the obligation provided above is complied with, in its entirety, to the satisfaction of the Commission, and the Commission shall record said compliance in the corresponding authorization.
History —June 28, 1962, No. 109, p. 298, added as § 24A on July 5, 1988, No. 62, p. 281.
2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART III - Puerto Rico Public Service Act (§§ 1001 — 1282) › Chapter 53 - Powers and Duties of the Commission (§§ 1101 — 1124) › § 1112 - Alienation or encumbrance of authorizations

No authorization shall be alienated or encumbered without the previous approval of the Commission. Nevertheless, in case of death or total and permanent disability of the person who owns, controls, operates or administers a motor vehicle considered to be the “working tool of its owner”, as defined by § 1-109 of Act July 20, 1960, No. 141, the authorization granted to him to that effect by the Commission shall go to his wife, if any, or to his surviving heirs or dependents, as the case may be, who, if, in the judgment of the Commission, are capable, willing and in condition to comply adequately with the applicable provisions of the act and with the requirements and rules approved by the Commission, may operate said vehicle under the authorization previously granted.
History —June 28, 1962, No. 109, p. 288, § 25; June 27, 1974, No. 102, Part 1, p. 340.
2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART III - Puerto Rico Public Service Act (§§ 1001 — 1282) › Chapter 53 - Powers and Duties of the Commission (§§ 1101 — 1124) › § 1113 - Issuance of stock or bonds under grants; dividends

No stock or bonds shall be issued by persons to whom authorizations have been granted, except in exchange for actual cash or property appraised by the Commission. No dividends payable in stock or bonds may be declared without the previous approval of the Commission and it shall be so recited in the authorizations.
History —June 28, 1962, No. 109, p. 288, § 26, eff. 90 days after June 28, 1962.
2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART III - Puerto Rico Public Service Act (§§ 1001 — 1282) › Chapter 53 - Powers and Duties of the Commission (§§ 1101 — 1124) › § 1114 - Condemnation provision

All authorizations shall provide for the purchase or condemnation by the Government of Puerto Rico of the properties of the grantee or holder, under the conditions, for the price, and in the manner stipulated to that effect in the authorization.
History —June 28, 1962, No. 109, p. 288, § 27, eff. 90 days after June 28, 1962.
2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART III - Puerto Rico Public Service Act (§§ 1001 — 1282) › Chapter 53 - Powers and Duties of the Commission (§§ 1101 — 1124) › § 1115 - Approval by Governor

Authorizations of a public or quasi-public character granted by the Commission shall not be operative until approved by the Governor or by the executive officer to whom he may delegate.
History —June 28, 1962, No. 109, p. 288, § 28, eff. 90 days after June 28, 1962.
2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART III - Puerto Rico Public Service Act (§§ 1001 — 1282) › Chapter 53 - Powers and Duties of the Commission (§§ 1101 — 1124) › § 1116 - Existing authorizations not affected

Nothing in this part shall be construed to violate the provisions of any authorization granted by the former Executive Council and in force. The Commission shall have power, after a hearing, to suspend, amend or repeal such authorizations and shall exercise all rights and powers reserved to the former Executive Council by such authorizations or by law.
History —June 28, 1962, No. 109, p. 288, § 29, eff. 90 days after June 28, 1962.
2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART III - Puerto Rico Public Service Act (§§ 1001 — 1282) › Chapter 53 - Powers and Duties of the Commission (§§ 1101 — 1124) › § 1117 - Authorizations affecting municipal corporations

No authorization shall be granted which affects a municipality in the use of its streets or plazas without giving the mayor or municipal legislature affected an adequate opportunity to be heard. The Commission shall have authority, after such hearing, to settle disputes between a municipality and a public service company or private carrier, in relation with the use of the streets and plazas of said municipality. The decision of the Commission shall be final, subject only to the judicial review established by this part.
History —June 28, 1962, No. 109, p. 288, § 30; June 27, 1974, No. 103, Part 1, p. 341, § 5.
2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART III - Puerto Rico Public Service Act (§§ 1001 — 1282) › Chapter 53 - Powers and Duties of the Commission (§§ 1101 — 1124) › § 1118 - Determination of value of property of public service companies and private carriers

(a) The Commission shall have power to investigate and determine, for the purposes of this part, the value of the useful property used by any public service company or private carrier in the rendering of its services. To that effect it shall take into consideration the original cost of the property and depreciation thereof, and if necessary, such other valuation factors as, in its judgment, may bear relation to said value. These provisions shall not be construed to require the Commission to make use of any particular method or basis of valuation in those cases in which the latter deems it necessary and desirable to effectuate a valuation of the property for rating purposes.
(b) The Commission shall also have power to make revaluations of the property of any public service company or private carrier and to inquire into, establish and ascertain the value of new constructions, enlargements and additions thereto.
History —June 28, 1962, No. 109, p. 288, § 31, eff. 90 days after June 28, 1962.
2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART III - Puerto Rico Public Service Act (§§ 1001 — 1282) › Chapter 53 - Powers and Duties of the Commission (§§ 1101 — 1124) › § 1119 - Report on disposal of evidences of indebtedness

The Commission may require public service companies or private carriers to report on the disposal and application of the proceeds of all sales or pledges of evidences of indebtedness or other securities.
History —June 28, 1962, No. 109, p. 288, § 32, eff. 90 days after June 28, 1962.
2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART III - Puerto Rico Public Service Act (§§ 1001 — 1282) › Chapter 53 - Powers and Duties of the Commission (§§ 1101 — 1124) › § 1120 - Examination of premises, books, and memorials

The Commission may, through its members, agents or employees, enter and examine the premises, equipment and documents of any public service company or private carrier. It shall also have access to and may use any information of record in any instrumentality or political subdivision of the Commonwealth of Puerto Rico.
History —June 28, 1962, No. 109, p. 288, § 33, eff. 90 days after June 28, 1962.
2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART III - Puerto Rico Public Service Act (§§ 1001 — 1282) › Chapter 53 - Powers and Duties of the Commission (§§ 1101 — 1124) › § 1121 - General investigating powers

(a) The Commission shall, as such, through its individual members, examiners or duly authorized employees, have the powers established in subsection (c) of § 1054 of this title, including the power to subpoena witnesses, administer oaths, examine witnesses, take testimony, or compel the production of such books, papers and documents, as it may deem necessary and pertinent in any proceeding held by it, and to do all necessary acts in the exercise of its powers and duties. Whenever it shall find it necessary in the public interest, the Commission may refrain itself from giving publicity to the facts or reports obtained in the course of any investigation.
(b) The Commission may compel the public service companies and private carriers concerned to pay the expenses and fees incurred for professional and advisory services in the investigations, hearings or any other proceeding carried out with regard to such public service companies or private carriers.
(c) The Commission may compel any public service company or private carrier to pay, in addition to that established in subsection (b) of this section, any other expense in which the Commission may incur in the investigation of the books, accounts, practices and activities of the company or carrier concerned; any expense incurred in the investigations of the value of the profitable property and the property used by any public service company or private carrier in the rendering of their services.
(d) The Commission shall determine the manner in which and the time when payments shall be made upon previous approval of the accounts submitted by the persons rendering such services, and these payments shall be covered into a special investigation and evaluation fund of the Commission.
History —June 28, 1962, No. 109, p. 288, § 34; June 9, 1972, No. 95, p. 238; June 15, 1973, No. 2, p. 753.
2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART III - Puerto Rico Public Service Act (§§ 1001 — 1282) › Chapter 53 - Powers and Duties of the Commission (§§ 1101 — 1124) › § 1122 - Reports

The Commission may require any public service company, private carrier and other persons subject to its jurisdiction and to this part, to file before it the reports it may request. Likewise, any person owning or holding a controlling interest in any public service company or private carrier shall be subject to the jurisdiction of the Commission with respect to his relations with said enterprise.
History —June 28, 1962, No. 109, p. 288, § 35, eff. 90 days after June 28, 1962.
2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART III - Puerto Rico Public Service Act (§§ 1001 — 1282) › Chapter 53 - Powers and Duties of the Commission (§§ 1101 — 1124) › § 1123 - Rules

The Commission may adopt those rules that are necessary and convenient for the exercise of its powers or for the performance of its duties. Provided, That it may authorize those rules or regulations that shall determine the conduct of the users in those transportation means regulated by the Commission. These rules shall have the force of law once the provisions of §§ 2101 et seq. of Title 3, known as the “Uniform Administrative Procedures Act”, have been complied with.
History —June 28, 1962, No. 109, p. 288, § 36; Apr. 21, 1998, No. 67, § 2.
2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART III - Puerto Rico Public Service Act (§§ 1001 — 1282) › Chapter 53 - Powers and Duties of the Commission (§§ 1101 — 1124) › § 1124 - Enumeration of powers not to exclude others

The enumeration of the powers of the Commission made in this chapter does not imply exclusion of any other powers thereof under other provisions of this part.
History —June 28, 1962, No. 109, p. 288, § 37, eff. 90 days after June 28, 1962.
2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART III - Puerto Rico Public Service Act (§§ 1001 — 1282) › Chapter 54 - Duties and Liabilities of Public Service Companies and Private Carriers (§§ 1201 — 1202) › § 1202 - Private carriers

It shall be the duty of every private carrier:
(a) Rates.— To fix and abide by reasonable minimum rates for any service rendered or to be rendered in the conveyance of passengers or property or in relation therewith, and to fix and abide by reasonable practices to be applied in connection with said rates. Every private carrier shall submit to the Commission and shall publish and keep available to the public, in the form and manner required by the Commission, both the schedules of the minimum rates charged and collected by said carrier for the conveyance of passengers or property in Puerto Rico and any practice affecting such rates.
(b) Date for filing initial rates by certain private carriers.— Those private carriers operating in good faith on the date this act takes effect, shall not be bound to file their initial rates, referred to in subsection (a) of this section, before sixty (60) days, reckoning from the date their applications, filed pursuant to subsections (c) and (d) of § 1110 of this title, are approved by the Commission.
(c) Application of certain provisions of § 1201 to private carriers.— The provisions of subsections (f), (g), (h), (i), (j), (m) and (o) of § 1201 of this title shall also be applied to private carriers. Private carriers ceasing in their operations shall deliver to the Commission, within thirty (30) days of said cessation, the documents embodying the authorization granted by the Commission.
History —June 28, 1962, No. 109, p. 288, § 39, eff. 90 days after June 28, 1962.
2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART III - Puerto Rico Public Service Act (§§ 1001 — 1282) › Chapter 55 - Practice and Procedure Before the Commission; Judicial Review (§§ 1251 — 1282) › § 1251 - Public hearings; self-incrimination; perjury

(a) All hearings before the Commission shall be public. Hearings, investigations or other proceedings by the Commission shall be governed by the provisions of § 1260 of this title and such rules as the Commission may prescribe. The parties may appear before the Commission by themselves or assisted by counsel.
(b) No person shall be excused from testifying or from producing any books, documents or other evidence in any investigation or hearing before the Commission, when ordered to do so, on the ground that it may incriminate him or may put him in jeopardy of penalty or forfeiture of any legal right. But no person who has invoked his right against self-incrimination shall be prosecuted, punished or subjected to any penalty or forfeiture of any legal right by reason or on account of any matter regarding which he is compelled to testify or to produce documentary or other evidence. No person so testifying shall, however, be exempt from prosecution or punishment for perjury committed in so testifying.
History —June 28, 1962, No. 109, p. 288, § 40, eff. 90 days after June 28, 1962.
2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART III - Puerto Rico Public Service Act (§§ 1001 — 1282) › Chapter 55 - Practice and Procedure Before the Commission; Judicial Review (§§ 1251 — 1282) › § 1252 - Subpoenas; costs; witnesses

(a) All subpoenas issued by the Commission shall be under its seal, and shall be signed by a Commissioner, by the presiding officer or by the Secretary, and shall be personally served by an[y] adult.
(b) Each witness required to appear before the Commission shall receive for his appearance the compensation and per diem accorded by law to witnesses in judicial proceedings, which shall be paid by the party on whose request the subpoena was issued, or by the Commission, as the case may be. Payments made for this reason shall follow the procedure set for payment of other expenses of the Commission.
(c) The fees for serving a subpoena shall be the same as those paid for similar services in the Court of First Instance. The fees, expenses and costs of or in connection with any hearing, may be taxed by the Commission against any of the parties involved, or apportioned between them. But no such imposition shall be made before the Commission shall have issued rules of general application regarding same.
History —June 28, 1962, No. 109, p. 288, § 41, eff. 90 days after June 28, 1962.
2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART III - Puerto Rico Public Service Act (§§ 1001 — 1282) › Chapter 55 - Practice and Procedure Before the Commission; Judicial Review (§§ 1251 — 1282) › § 1253 - Contempt; refusal to act

If any individual subpoenaed to appear before the Commission shall fail to obey such subpoena, or if, upon appearing before the Commission, he shall refuse to be sworn, or shall refuse affirmation to be examined, or to answer any relevant question, or to produce any relevant document when ordered so to do, the Commission may invoke the assistance of the Court of First Instance to enforce such appearance, testimony, or production of documents. Said court shall, on good cause shown, command any person to appear before the Commission and produce documents or give testimony anent the matter at issue. Failure to obey such order of the court may be punished as contempt by said court. Any person who shall fail or refuse to appear and give testimony, or who shall neglect to comply with any lawful request, or shall refuse to produce books, papers and documents, if it is in his power to do so, in compliance with a subpoena or lawful requirement of the Commission, or any individual who may act in a disorderly and disrespectful manner before the Commission or before any of its members or examiners presiding at the hearing or investigation, shall be guilty of a misdemeanor and upon conviction punished by a fine of not more than one thousand dollars ($1,000), or by imprisonment for a term of not more than twenty (20) days, or both.
History —June 28, 1962, No. 109, p. 288, § 42; May 1, 1968, No. 30, p. 47.
2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART III - Puerto Rico Public Service Act (§§ 1001 — 1282) › Chapter 55 - Practice and Procedure Before the Commission; Judicial Review (§§ 1251 — 1282) › § 1254 - Contempt for concealment

If any officer of a public service company or private carrier, being a party to a proceeding before the Commission, shall absent himself from the jurisdiction of Puerto Rico or hide himself for the purpose of avoiding service of a subpoena, or shall remove relevant documents from Puerto Rico for the purpose of preventing their examination by the Commission, or shall destroy or conceal any such documents for such purpose, he shall be guilty of contempt, and the Court of First Instance may impose on him a fine of not more than one hundred dollars ($100), or one-day imprisonment in jail for each day during the continuance of such refusal, neglect, concealment or removal, provided the jail term does not exceed a total of six (6) months. If the court shall find that the neglect, refusal or concealment, or the removal or destruction of the documents by such officer has been caused by the advice or with the consent of such public service company or private carrier, or in any way aided or abetted by said company or private carrier, then, in default of payment of said fine by the person in contempt, the same shall be paid by said public service company or private carrier, and may be recovered therefrom by an action, in the name of the Commonwealth of Puerto Rico, in the said court, in the same manner as other fines and penalties.
History —June 28, 1962, No. 109, p. 288, § 43, eff. 90 days after June 28, 1962.
2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART III - Puerto Rico Public Service Act (§§ 1001 — 1282) › Chapter 55 - Practice and Procedure Before the Commission; Judicial Review (§§ 1251 — 1282) › § 1255 - Depositions

The testimony of any person may be taken by deposition before any Commissioner or notary public or other person authorized to administer oaths, upon motion filed by the party requesting the deposition and upon notice thereof given in accordance with the rulings of the Commission.
History —June 28, 1962, No. 109, p. 288, § 44, eff. 90 days after June 28, 1962.
2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART III - Puerto Rico Public Service Act (§§ 1001 — 1282) › Chapter 55 - Practice and Procedure Before the Commission; Judicial Review (§§ 1251 — 1282) › § 1256 - Complaints to Commission

Any person or government instrumentality complaining of anything done or about to be done, omitted or about to be omitted, by any public service company or private carrier, or any grantee, in violation of any requirement or provision of this part, or of any ruling or legal order of the Commission, may appear before the Commission upon written petition thereto, pursuant to the rules approved by the Commission.
History —June 28, 1962, No. 109, p. 288, § 45, eff. 90 days after June 28, 1962.
2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART III - Puerto Rico Public Service Act (§§ 1001 — 1282) › Chapter 55 - Practice and Procedure Before the Commission; Judicial Review (§§ 1251 — 1282) › § 1257 - Action on complaint

If such public service company or private carrier, within the time set by the Commission through written notice served by mail, shall satisfy the complaint, the Commission shall dismiss the petition, but said company or private carrier shall be relieved from liability only as to the specific matter complained of. If such company or private carrier shall not satisfy the complaint within the time specified, and the Commission shall find that there is reasonable ground for investigating said complaint, it shall be the duty of the Commission to do so in such manner as it may deem appropriate.
History —June 28, 1962, No. 109, p. 288, § 46; July 30, 1974, No. 263, Part 2, p. 305, § 1.
2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART III - Puerto Rico Public Service Act (§§ 1001 — 1282) › Chapter 55 - Practice and Procedure Before the Commission; Judicial Review (§§ 1251 — 1282) › § 1258 - Hearing on motion

The Commission may, also, upon its own motion, and upon such notice as it may deem reasonable, institute any similar investigation and fix a time and place for a hearing with the same effect as though complaint had been made as aforesaid and satisfaction thereof refused.
History —June 28, 1962, No. 109, p. 288, § 47, eff. 90 days after June 28, 1962.
2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART III - Puerto Rico Public Service Act (§§ 1001 — 1282) › Chapter 55 - Practice and Procedure Before the Commission; Judicial Review (§§ 1251 — 1282) › § 1259 - Onus probandi

Where a hearing is had upon the violation of any provision of this part or of any ruling or order of the Commission, the onus probandi shall be upon the public service company, private carrier, or person concerned.
History —June 28, 1962, No. 109, p. 288, § 48, eff. 90 days after June 28, 1962.
2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART III - Puerto Rico Public Service Act (§§ 1001 — 1282) › Chapter 55 - Practice and Procedure Before the Commission; Judicial Review (§§ 1251 — 1282) › § 1260 - Procedure for hearings

(a) Every hearing or investigation shall be instituted upon order of the Commission. The order shall give timely notice of:
(1) The time when and the place where it will be held.
(2) The legal authority by virtue of which it is held.
(3) The findings of fact and issues of law on which the Commission wishes to receive evidence or listen to reports.
Such order shall be served in the manner provided in this part.
The order may be amended on motion or on petition of a party or of an intervener, filed pursuant to the rules of the Commission. Intervention in the proceedings shall be given to those persons who might be adversely affected, if the petition in question is pronounced in order, provided such persons file a motion to intervene in accordance with the rulings of the Commission.
(b) Every hearing or investigation held by the Commission shall be presided over by one or more Commissioners, examiners or employees of the Commission, who shall have the powers provided in §§ 1054(c) and 1121 of this title.
(c) All parties to a hearing or investigation shall have the right to present their case or defense through oral or written evidence, to submit proof of rebuttal, and to conduct such cross-examinations as may be necessary to a complete and true disclosure of the facts. In cases about the adoption of rules or the fixing of rates, or in such other cases as the Commission may consider it desirable or practicable, the latter may adopt procedures for the presentation in writing of all or part of the evidence.
(d) The Commission is authorized to make rules for its proceedings.
History —June 28, 1962, No. 109, p. 288, § 49; June 27, 1974, No. 103, Part 1, p. 341, § 6.