2023 Laws of Puerto Rico › TITLE ONE - The Commonwealth (§§ 1 — 5289) › Chapter 42 - Commonwealth of Puerto Rico Persons with Disabilities Advocacy Office Act (§§ 811 — 851) › Subchapter II - Persons with Disabilities Advocacy Office (§§ 812 — 828) › § 819 - Duties, powers, and responsibilities of the Advocate

The Advocate shall have the following duties, powers, and responsibilities, in addition to any others provided in this chapter or those laws or programs whose administration or implementation is delegated to him/her:
(a) To develop, execute, and maintain a national action strategy to incorporate, through policies, programs, and projects, international standards to eradicate any form of discrimination against persons with disabilities and guarantee their right to full development as human beings.
(b) To propose temporary measures, plans, and programs that provide real advantages for persons with disabilities or that prevent or compensate for the disadvantages that may affect this population regarding public, political, labor, social, economic, or cultural issues.
(c) To promote the empowerment of persons with disabilities, so that they are aware and capable of effectively claiming their rights.
(d) To foster the creation and strengthening of service programs for persons with disabilities in both the government and the nonprofit organizations” sector, in the following areas: labor and economic development, empowerment, political participation, education, recreation, and health, among others.
(e) To monitor compliance with provisions relating to persons with disabilities in accordance with the standards approved nationally, regionally, and internationally.
(f) To coordinate works between Government agencies and the private sector to take, improve, and maintain joint actions in benefit of persons with disabilities.
(g) To oversee the implementation of and compliance with the public policy on persons with disabilities by government agencies. For such purposes, the Advocate shall oversee, investigate, regulate, plan, and coordinate with different government agencies and private entities the design and development of projects and programs geared toward satisfying the needs of persons with disabilities in accordance with the public policy set forth in this chapter, Federal laws, and in any other special law empowering the Advocate to do so, for the purpose of enabling them to enjoy a full and productive life, as well as achieving broader participation of this population within the community. Likewise, the Advocate shall enforce the provisions of §§ 501 et seq. of this title, which prohibits discrimination against persons with disabilities in public agencies and private entities whether or not they are funded by the Commonwealth of Puerto Rico.
(h) To promote legislation and public policy as are necessary for the development and safety of persons with disabilities in areas such as abuse, economic development, education, political participation, recreation, and health, among others.
(i) To administer and allocate state and federal funds set aside for service rendering, in accordance with the applicable regulations. Provided that, the Advocate shall not interfere with the administration of any state or federal funds allocated or administered by the Persons with Disabilities Protection and Advocacy Division.
(j) To hire personnel, contract services as appropriate, as well as to lease and acquire goods and supplies to achieve the purposes of this chapter.
(k) To encourage community and citizen mobilization in favor of the rights, development, and safety of persons with disabilities through educational campaigns geared to such effects.
(l) To provide training on subjects related to persons with disabilities and offer technical assistance to community organizations and government agencies.
(m) To advise the population served on their rights and responsibilities under federal and state laws.
(n) To collaborate and provide advice to entities and instrumentalities of the Government of the Commonwealth of Puerto Rico relating to any changes in the different laws that provide for rights and benefits of the population served.
(o) To establish communication among groups, service providers, and organizations concerned with the population served to improve and facilitate access to services.
(p) To draft annual reports on the status of the rights of persons with disabilities. These reports shall be published on the webpage of the Advocacy Office.
(q) To promote the incorporation of the needs and goals of persons with disabilities in the policies, plans, and programs aimed at guaranteeing their rights. Likewise, the Advocate shall oversee their implementation in order to ensure that objectives are achieved.
(r) To file quarterly reports with the Director’s Council on the progress of his/her performance and the implementation of the integrated plan, as determined by the Director’s Council. These reports shall be published on the webpage of the Advocacy Office.
(s) To provide assistance to nongovernmental organizations that offer services to persons with disabilities to solicit the disbursement of allocated funds from the corresponding government agencies.
(t) To address, investigate, process, and adjudicate complaints for actions or omissions resulting in violations of the rights of persons with disabilities, in denial of benefits and opportunities to which they are entitled, and affecting benefit programs for persons with disabilities; award the appropriate remedies in accordance with the law, as well as to order any natural or juridical persons to take corrective actions in the event that such persons have denied, impaired, violated, or hindered the rights and benefits of persons with disabilities.
(u) To conduct investigations, on his/her own motion or in conjunction with other government entities, on education, labor, housing, and health issues, among others, affecting or relating to persons with disabilities, in order to make recommendations to the Legislative Assembly regarding related legislation. Likewise, the Advocate may conduct investigations on the complaints under his/her consideration, obtain information as deemed pertinent, hold administrative hearings, and carry out on-site inspections. Hearings held by the Advocacy Office shall be public unless by reason of public interest a private hearing is so warranted.
(v) To adopt rules and regulations as needed to attain the purposes of this chapter. Provided, That the duties and obligations, as well as the rights of the served population, whose noncompliance or violation provides the basis for filing a complaint or conducting an investigation under the provisions of this chapter, shall be stated in detail in the regulations to be approved by the Advocate for such purposes.
(w) To administer oaths and take statements by him/herself or through his/her authorized representatives.
(x) To examine the records, documents, inventories, and facilities of public agencies and of private persons and entities when deemed pertinent and relevant to an investigation or complaint under his/her consideration.
(y) To summon witnesses to appear or make a statement, require the presentation or the reproduction of any documents or other evidence pertaining to an investigation or complaint under his/her consideration. Any person summoned shall be advised of his/her right to refuse to provide any evidence or give testimony that may be self-incriminating. In the event that such person refuses to appear, testify, or provide evidence so requested, based on the fact that it will be self-incriminatory or expose him/her to a criminal, civil or administrative proceeding, or that it will entail his/her removal or suspension from employment, profession, or occupation, or his/her imprisonment, the Advocate shall determine if the situation warrants granting immunity to the person summoned using the criteria and legal rules applicable to the granting of immunity. The Advocate may, on his/her own motion or by resorting to any part of the Court of First Instance, obtain the required assistance, statement, reproduction, or examination. The Secretary of Justice shall provide the Advocate with the necessary legal assistance for such purposes when requested in accordance with the applicable regulations and rules. However, and in the event of conflict when the Secretary of Justice is required to represent a government entity before the Court of First Instance, the Advocate shall appear pro se or may enter into a legal representation agreement for such purposes. Testimonies and inspections shall be subject to the provisions of §§ 591 et seq. of this title, known as the “Act for the Proceedings and Granting of Immunity to Witnesses”.
(z) To impose and collect administrative fines up to a maximum of five thousand dollars ($5,000) for actions or omissions in violation of the rights of persons with disabilities provided under the Constitution and the laws of the Commonwealth of Puerto Rico, or the Constitution of the United States of America and federal laws. The Advocate may impose fines on natural or juridical persons, as well as on public agencies. Payment of such fines shall be covered into the Special Fund for the Persons with Disabilities Advocacy Office.
(aa) To notify public agencies when fines are imposed on their employees or public officials. Likewise, the Advocate may notify agencies, upon request, of any issue pending before the Advocacy Office regarding an employee of said agency.
(bb) To impose on a non-prevailing party in a quasi-judicial proceeding the obligation to pay attorney fees and expenses, when applicable in accordance with the law.
(cc) To promote actions that contribute to solve negligence, abuse, mistreatment and discrimination issues against persons with disabilities in all of its variations.
(dd) To ensure that public agencies and entities receiving state or federal funding do not discriminate against persons with disabilities by reason of their conditions.
(ee) To evaluate and analyze international agreements, rules, and standards relating to the rights of persons with disabilities, and investigate any statements made as part of specific disputes insofar as these shed light on general issues, and recommend remedies geared to guarantee the participation of persons with disabilities in every aspect of their social, educational, recreational, political, economic, and cultural life.
(ff) To be a member of and represent Puerto Rico in the different national and international organizations of advocates for or defenders of persons with disabilities or equivalent government entities, and those that promote the rights of persons with disabilities, as well as specific actions to effectively eradicate discrimination against this population.
(gg) To keep an updated catalog or manual of all the programs, benefits, services, activities, and facilities available for persons with disabilities, in government agencies and nonprofit private entities. Such catalog or manual must be available in electronic and printed format. Said catalog must include an overview, with the corresponding citation of state or federal laws, regulations, orders, norms, procedures, resources, media, mechanisms, and requirements necessary to be eligible for and to receive any benefit, service, right, or privilege. For such purposes, the Advocate shall establish by rules or regulations a reasonable fee for the reproduction of this manual or catalog and the corresponding exception from the payment thereof for persons with disabilities or those persons whom the Advocate believes that should be exempt from such payment.
History —Sept. 24, 2015, No. 158, § 2.08.