2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART VIII - Public Planning II (§§ 9011 — 9047) › Chapter 230 - Puerto Rico Permit Process Reform Act (§§ 9011 — 9028i) › Subchapter XI - Land Use and Permit Reviewing Board (§§ 9021 — 9021l) › § 9021c - Powers, Duties and Functions of the Reviewing Board and its Chair

The powers, duties, and functions of the Reviewing Board and its Chair shall be the following:
(a) To discharge the functions, duties, and responsibilities imposed under this chapter or any other law, insofar as these are not incompatible with the provisions of this chapter.
(b) To sue and assume the legal representation of the Reviewing Board when such Board is sued.
(c) To establish any organizational structure that is necessary for the proper operation of the Reviewing Board.
(d) To adopt an official seal, of which judicial notice shall be taken, to authenticate its agreements, orders or resolutions.
(e) To adopt, amend, and repeal regulations as necessary for the organization of the Reviewing Board and the transaction of matters under its consideration, including emergency regulations pursuant to the provisions of this chapter, the Uniform Administrative Procedures Act, and any other applicable law.
(f) To hire the services of professional technical or highly specialized staff or other as necessary as to carry out its function through contract.
(g) To fix and authorize the payment of per diems and expenditure reimbursements to its officials, employees and agents pursuant to the regulation to such effect of the Department of the Treasury.
(h) Upon agreement, to use resources available in other agencies and public instrumentalities, such as: information that is pertinent to the duties performed by the Land Use and Permit Reviewing Board, offices, accounting services, finance services, human resources, legal affairs, personnel, equipment, materials, and other facilities. Duties shall be understood to be anything related to planning and the issuance of permits.
(i) To represent the Reviewing Board in functions and activities as required.
(j) The Chair shall act as the Administrator Judge of the Reviewing Board and may appoint, subject to the provisions of §§ 1461 et seq. of Title 3, known as the “Public Service Human Resources Administration Act”, any technical and administrative staff required, and may hire any administrative, professional or advisory services needed.
(k) The Chair shall be empowered to designate work areas to one (1) or more members during the administrative phase, as well as during the adjudicative and operational phases of the Reviewing Board. Such work area designation may be altered or rendered ineffective by the Chair, when in his/her judgment, any factor or factors regarding public interest or operational efficiency so warrant.
(l) In the event that panels have been constituted in the Reviewing Board, the Chair, in his/her discretion, may remove and reassign any matter under the consideration of one panel; however, he/she shall include the grounds for such reassignment in writing in the case record.
(m) The Chair may also, when he/she deems it advisable for the most efficient use of the resources of the Reviewing Board, delimit the duties of any and all panels.
(n) In carrying out the reviewing function vested upon them by this chapter, the members of the Reviewing Board may issue summons to require the appearance of a person, witness, to take depositions or to furnish any kind of proof pursuant to the code of laws in effect.
(o) Any member may take oaths.
(p) If any summons issued by any member of the Reviewing Board is not complied with, such member may resort to any Part of the Court of First Instance and request the Court to order compliance with such summons. The Court of First Instance shall give priority to the course and service of such petition. The Court of First Instance shall be empowered to find anyone in contempt for disobeying such order. Any person who gives a false testimony to the Reviewing Board may be prosecuted and convicted of perjury.
(q) The Reviewing Board shall hold hearings and adjudicate matters under its consideration expeditiously and efficiently, thus safeguarding the substantive and procedural rights of the parties.
(r) To keep a clear administrative record.
(s) To prepare and adopt bylaws for discharging the duties and authorities imposed onto it by this chapter.
(t) To appoint Hearing Officers to preside over adjudication proceedings and hearings held before the Board.
(u) To adopt a job classification and compensation plan.
(v) To enter into agreements or arrangements as are necessary and convenient to achieve the objectives of the Reviewing Board with agencies of the Federal government, State governments, and municipal governments, as well as with other departments, entities, and instrumentalities of the Government of Puerto Rico and with private institutions.
(w) For administrative purposes, the Chair may appoint an official to act as Chair during his/her absence.
(x) To acquire, lease, sell, or otherwise dispose of property as is necessary to fulfill the purposes of this chapter, in accordance with any applicable laws or regulations.
(y) Any other designated by this chapter or by regulation.
(z) The Reviewing Board may issue any order, solicitation, revocation, or resolution warranted under the law in cases under its consideration, including the imposition of fines for noncompliance with an order or solicitation from the Board. The party adversely affected by the imposition of fines may request a review before the Court of First Instance, as established through regulations.
History —Dec. 1, 2009, No. 161, § 11.4; Nov. 23, 2010, No. 175, § 9; July 20, 2012, No. 142, § 2.