2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 51B - Human Resources Administration System (§§ 1461 — 1468p) › Subchapter X - Appeals Commission of the Public Service Human Resources Administration System (§§ 1468 — 1468p) › § 1468l - Appellate jurisdiction

This Commission shall have jurisdiction over appeals arising as a consequence of actions or decisions of individual administrators and municipalities in the cases and by the persons specified below:
(1) When an employee within the Human Resources Administration System not covered under the Public Service Labor Relations Act claims that an action or decision affecting him/her violates any right conferred to him/her by virtue of the provisions of this chapter, the Autonomous Municipalities Act, §§ 4001 et seq. of Title 21, the regulations approved to enforce said Acts, or the regulations adopted by individual administrators to comply with this chapter.
(2) When an employee covered under §§ 1451 et seq. of this title who does not exercise his/her right to enter into a union, claims that an action or decision of the appointing authority related with the application of this chapter violates any right conferred to him/her under the essential areas of the merit principle established herein.
(3) When a citizen claims that an action or decision affects his/her right to compete or to be admitted into the Human Services Administration System pursuant to the merit principle.
(4) When an irregular employee claims that the appointing authority has refused without justification to make him/her into a regular career employee as provided in the Irregular Personnel Act, §§ 711—711g of this title.
(5) When an individual administrator claims that an action, omission or decision of the Office contravenes the general provisions of this chapter in the essential areas of the merit principle.
(6) It is hereby expressly provided that the Commission shall have jurisdiction over the teaching and classified personnel of the Department of Education, as well as over the civilian personnel of the Puerto Rico Police, not unionized under §§ 1451 et seq. of this title, the Puerto Rico Public Service Labor Relations Act. For the purposes of the provisions of the first paragraph of this subsection, it shall be understood that the authority empowered to sanction a public official has not done so if said authority positively determines to exonerate the official in question, or if, after a claim or complaint against a public official has been brought, or after the facts which could have given grounds for such claim or complaint have occurred, one hundred and twenty (120) days elapse and the authority empowered to sanction does not impose disciplinary measures or it exonerates the public official in question. After the aforementioned one hundred and twenty (120) days have elapsed, the power to sanction the official shall reside exclusively in the Commission. However, at the request of the authority empowered to sanction, the Commission shall grant additional extensions for a term of thirty (30) days each, provided said extensions are requested before the original one hundred and twenty (120)-day term, or the term of the extension granted, expires, and after it is established that there is a justified reason for doing so. Provided, That the aforementioned one hundred and twenty (120)-day term applies exclusively to cases in which there has been a misuse or abuse of authority.
(7) The Commission may have voluntary appellate jurisdiction over non-unionized employees of the agencies excluded from the application of this chapter and from public corporations that operate as private businesses which submit themselves voluntarily to the appellate and adjudicative process of this body. The procedure and cost for these to be able to be covered under this jurisdiction shall be established through regulations.
(8) The Commission shall promote the use of alternate methods for the settlement of disputes as a mechanism to resolve controversies that arise under the scope of this chapter.
History —Aug. 3, 2004, No. 184, § 13.13.