reglab/statecodes huggingface dataset:
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 15 - Department of Labor and Human Resources (§§ 301 — 328) › § 328 - Definition of laborer or employee

For the purposes of §§ 304—322 and 324—328 of this title, “laborer” or “employee” shall be understood to mean any person at the service of any individual, partnership or corporation employing one or more persons under any contract for services, whether express or implied, or verbal or written, and whether such person is man, woman or child; and all persons whose work is on a temporary character, are hereby expressly included.
For the purposes of §§ 304—322 and 324—328 of this title, the word “laborer” or “employee” includes every laborer employed in any establishment, or in any manufacturing, commercial or agricultural occupation, by a natural or [juridical] person, for compensation, or by the Commonwealth Government or any of its dependencies.
History —Apr. 14, 1931, No. 15, p. 168, § 27, eff. 90 days after Apr. 14, 1931.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 15A - Voluntary Early Retirement Program for Employees of the Department of Labor and Human Resources (§§ 331 — 340) › § 331 - Implementation

The Department of Labor And Human Resources, hereinafter the “Department” shall implement a Voluntary Early Retirement Program which shall only include those employees who hold positions in said government entity and may avail themselves of a pension for years of service pursuant to the provisions of §§ 761 et seq. of this title, and meet the requirements of § 332 of this title to opt for the same. The employees of the operating components of the Department are not covered under this chapter.
The implementation of the Voluntary Early Retirement Program for the Employees of the Department authorized herein shall be in strict compliance with all applicable labor laws, the collective bargaining agreements in effect, while duly observing the Merit Principle, as well as the legal provisions that prohibit discrimination on the grounds of political beliefs, and taking into account the vested rights of the public employees working in said agency.
History —July 29, 2008, No. 136, § 1.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 15A - Voluntary Early Retirement Program for Employees of the Department of Labor and Human Resources (§§ 331 — 340) › § 332 - Benefit

The Department shall offer the following benefit to the employees who voluntarily opt for the same:
(a) Right to receive a retirement pension of seventy-five percent (75%) of the average compensation of employees who are forty-eight (48) years of age who on June 30, 2008, have completed a minimum of twenty-four (24) years and six (6) months of services credited as participants of the Employees Retirement System of the Government of the Commonwealth of Puerto Rico and its Instrumentalities, upon previous certification of the Department.
This average compensation shall be determined according to the date on which the employee joined the Retirement System, as established in §§ 761 et seq. of this title.
History —July 29, 2008, No. 136, § 2.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 15A - Voluntary Early Retirement Program for Employees of the Department of Labor and Human Resources (§§ 331 — 340) › § 333 - Creditable service

The years of service rendered until June 30, 2008 may be credited to the Voluntary Early Retirement Program of the Department. Provided, That:
(a) They shall be credited, up to one hundred percent (100%) for the period of military services rendered in the Armed Forces of the United States of America, if the employee had retired from the military service with an honorable discharge. To receive credit for military services, the employee shall pay to the Retirement System the corresponding contributions based on the salaries earned during the period he/she rendered services, pursuant to the provisions of § 765 of this title.
(b) In the event that the employee meets the requirements of age and years of service, and needs to credit uncomputed [sic] services to complete thirty (30) years of service in order to avail him/herself of a merit pension pursuant to the provisions of § 766 of this title, the Department shall pay all individual and employer contributions, plus the interest corresponding to uncomputed services in the Employees Retirement System of the Government of the Commonwealth of Puerto Rico.
(c) The Department may, by request of the employee, use any regular vacation and sick leave accrued to compute any months needed to complete the retirement requirements set forth by this chapter in order to avail him/herself of the Voluntary Early Retirement Program. To that effect, every twenty (20) workdays shall be equal to one (1) month of work.
In the cases of subsections (b) and (c) of this section, the employee shall submit his/her application to receive credit for uncomputed services before the Retirement Affairs Coordinator of the Department (hereinafter, the “Coordinator”) not later than thirty (30) days as of the orientation that the Department of Labor and Human Resources, in coordination with the Retirement System Administration, is required to provide pursuant to § 339 of this title. The Retirement Affairs Coordinator of the Department shall certify to the System that the application to receive credit for uncomputed services was submitted while the employee was in active service and that he/she meets all other requirements of this chapter.
The Administrator of the Employees Retirement System of the Government of the Commonwealth of Puerto Rico shall accept the payment made by the employee for uncomputed services, duly adjusted based on its actuarial cost, provided that he/she receives the certification from the Coordinator. The date of effectiveness of the pension shall be the next day following the separation from service, even if the employee has not finished paying for the uncomputed services for which he/she should have a payment plan.
History —July 29, 2008, No. 136, § 3.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 15A - Voluntary Early Retirement Program for Employees of the Department of Labor and Human Resources (§§ 331 — 340) › § 334 - Full liquidation

The Department shall grant the employees who comply with the parameters established in this chapter, the full liquidation of any vacation and sick leave accrued.
History —July 29, 2008, No. 136, § 4.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 15A - Voluntary Early Retirement Program for Employees of the Department of Labor and Human Resources (§§ 331 — 340) › § 335 - Program participation; date; judicial waiver

(a) The employee who meets the requirements set forth by this chapter to avail him/herself of this Voluntary Early Retirement Program shall decide whether he/she shall opt for the same on or before July 31, 2008.
Any employee’s informed decision as to whether [to] avail him/herself of the Voluntary Early Retirement Program provided herein, shall be considered final and irrevocable for all legal purposes at the time of his/her separation from his/her position or office.
Any person who avails him/herself of this benefit shall not be hired by any government agency, public corporation and/or municipality for the next five (5) years.
(b) The effective date of the separation from service of the employees covered under the Program shall be effective as of January 31, 2009, subject to the provisions of this section.
(c) The opportunity of the employees that are eligible to avail themselves of the Voluntary Early Retirement Program shall not be subject to their waiver of judicial or administrative claims against the Department, current or pending for adjudication. This shall be a standard benefit for all employees who opt for this Program.
History —July 29, 2008, No. 136, §§ 5—7.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 15A - Voluntary Early Retirement Program for Employees of the Department of Labor and Human Resources (§§ 331 — 340) › § 336 - Use of resources

(a) The positions of the employees who avail themselves of the Voluntary Early Retirement Program shall not be held by any newly hired personnel. Any persons who at present work in the Employee Service Program shall be relocated in different Programs within the Department and shall be given priority to hold any vacant positions that may arise from the implementation of the Voluntary Early Retirement Program after January 30, 2009. The positions existing at present in the Employee Service Program shall be eliminated in their entirety. The unused funds consigned for the implementation of this Voluntary Retirement Plan shall be reallocated within the Department of Labor in order to protect the employment security and the benefits of the employees that are affected or relocated within the Department.
The Department shall take the necessary measures for the implementation of this chapter. The employees who avail themselves of the Voluntary Early Retirement Program shall continue working and shall train the internal personnel who shall assume their functions, if any, from August 1, 2008, until January 30, 2009.
(b) The Department shall take the necessary measures to ensure the optimum use of the administrative and operational resources. All these measures shall be taken in strict compliance with all applicable laws, and the collective bargaining agreement in effect, while duly observing the Merit Principle, as well as the legal provisions that prohibit discrimination on the grounds of political beliefs and age, and taking into account the rights of the public employees working in said entity vested by the legislation or regulations in effect.
History —July 29, 2008, No. 136, §§ 8, 9.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 15A - Voluntary Early Retirement Program for Employees of the Department of Labor and Human Resources (§§ 331 — 340) › § 337 - Actuarial costs; new benefit

(a) The actuarial cost to be determined by the Administrator of the Retirement System of the Employees of the Government and the Judiciary and the pensions provided for in this chapter shall be paid annually by the Department to the Retirement System Administration of the Employees of the Government and the Judiciary, pursuant to the payment structure established by the Administrator. Said actuarial cost shall consist of the difference between the present value of the accelerated pension provided for in this chapter and the present value of a pension for years of service pursuant to the provisions of §§ 761 et seq. of this title, and of this legislation. It is further provided that the Department shall annually compensate the Retirement System Administration of the Employees of the Government and the Judiciary for any costs incurred in the implementation and administration of the Voluntary Early Retirement Program authorized by this chapter and all actuarial studies requested or to be requested by the Department to the Retirement System. The Voluntary Early Retirement Program shall be defrayed with funds originating from the Department, so that the resources of the General Fund of the Commonwealth of Puerto Rico shall not be encumbered nor a debt of any kind shall be issued for the defrayment thereof. The payment plan authorized by this chapter made by the present Secretary of Labor is a five (5) year projection that must have the funds consigned and shall be available in cash in their entirety on December 31, 2008.
In the event that the payment made by the Department is higher than the actuarial cost, the Retirement System Administration of the Employees of the Government and the Judiciary shall reimburse the Department the excess of the sum paid, in a term not to exceed thirty (30) days from the effective date of the Program. If, on the contrary, the payment made by the Department were insufficient, it shall issue a payment for the additional cost certified by the Retirement System Administration within a term not to exceed thirty (30) days from the effective date of the Program.
(b) The Department shall be responsible for the payment of any new benefit granted by Law to the pensioners who avail themselves of the Voluntary Early Retirement Program.
History —July 29, 2008, No. 136, §§ 10, 11.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 15A - Voluntary Early Retirement Program for Employees of the Department of Labor and Human Resources (§§ 331 — 340) › § 338 - Applicability

The provisions of this act shall be extended to those employees who at the effective date of the same are under any kind of leave pursuant to the Regulations of the Department, its collective bargaining agreement or applicable legislation.
History —July 29, 2008, No. 136, § 12.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 15A - Voluntary Early Retirement Program for Employees of the Department of Labor and Human Resources (§§ 331 — 340) › § 339 - Orientation

The Department, in coordination with the Retirement System Administration of the Employees of the Government and the Judiciary, shall provide all employees who qualify for the Voluntary Early Retirement Program with an orientation as to the benefits and criteria thereof.
History —July 29, 2008, No. 136, § 13.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 15A - Voluntary Early Retirement Program for Employees of the Department of Labor and Human Resources (§§ 331 — 340) › § 340 - Oversight

The Human Resources Office of the Commonwealth is hereby directed to oversee the due administration, implementation and compliance with the Voluntary Early Retirement Program for the employees of the Department authorized by this chapter.
History —July 29, 2008, No. 136, § 14.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 16 - Department of Consumer Affairs (§§ 341 — 341w) › § 341b - Purpose

The Department of Consumer Affairs shall have as its primary purpose to defend and implement the rights of the consumer, to restrain the inflationary trends; as well as the establishment and inspection of a price control over the goods and services for use and consumption.
History —Apr. 23, 1973, No. 5, p. 15, § 3.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 16 - Department of Consumer Affairs (§§ 341 — 341w) › § 341c - Secretary; appointments

The Department shall be under the direction of a Secretary who shall be appointed by the Governor with the advice and consent of the Senate pursuant to § 5 of Art. IV of the Constitution of the Commonwealth of Puerto Rico.
The Secretary may appoint such other officers as he may deem necessary to fully attain the purposes of this chapter.
History —Apr. 23, 1973, No. 5, p. 15, § 4.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 16 - Department of Consumer Affairs (§§ 341 — 341w) › § 341d - Transfers

(a) The following functions and powers are hereby transferred to the Department of Consumer Affairs:
(1) All the functions, powers and duties of the Consumers Service Administration, as well as the property, records, outstanding balances of appropriations, items or other funds in the possession and under the custody of said Administration, and the latter is hereby abolished.
(2) All the functions, powers and duties of the Retail Installment Credit and Financing Companies Regulatory Board established by §§ 731—793 of Title 10.
(3) All the functions, powers and duties of the Secretary of the Treasury with respect to §§ 981—981s of Title 10; as well as the property, records, outstanding balances of appropriations, items or other funds in the possession of the Department of the Treasury appropriated for the implementation of said sections.
(b) The Secretary of the Department of Consumer Affairs shall be a member of the Special Board established by § 259 of Title 10.
History —Apr. 23, 1973, No. 5, p. 15, § 5.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 16 - Department of Consumer Affairs (§§ 341 — 341w) › § 341d-1 - Transfer of Puerto Rico Energy Office

Everything that concerns the Puerto Rico Energy Office is hereby transferred to the Department of Consumer Affairs. Said transfer includes the following without it being construed as a limitation:
(1) All of its powers duties, functions, faculties, positions, properties, equipment, files and documents; available funds and remainders from any source; contracts, obligations, exemptions and privileges originated under Act No. 128 of June 29, 1977, as amended.
(2) Any regulations that govern the operation of the Puerto Rico Energy Office in effect on the date of effectiveness of the transfer authorized by this act. These will continue in effect until amended or repealed by the corresponding administrative authority.
(3) The personnel of the Puerto Rico Energy Office who are holding regular permanent positions in the career service on the effective date of this act will be transferred with their regular career status. Confidential employees who on said date were entitled to reinstatement, in harmony with Act No. 5 of October 14, 1975, shall be transferred with a confidential status and will remain in their positions with that status until the nominating authority reinstates them to career status. The corresponding steps will be continued with regard to transitory employees who were entitled to a permanent position on that date according to the provisions of Act No. 56 of August 16, 1989, as amended.
The Director of the Central Office of Personnel Administration, in coordination with the Secretary of Justice, shall evaluate the files of the employees to be transferred to determine if the Energy Office complied with all the provisions concerning the merit system with special attention to their recruiting, selection and appointment. The Director shall recommend the pertinent actions.
The transferred personnel shall retain the same rights and benefits they had at the time of the transfer, as well as their rights and obligations with respect to any pension, retirement or savings and loans funds system. The classification, reclassification and compensation of the positions shall be established in harmony with the classification and compensation plans applicable to the Consumer Affairs Department. The transferred employees must meet the minimum requirements of the classification of the positions to which their functions are assigned. The Central Office of Personnel Administration shall take the necessary steps so that the compensation of the employees is affected as little as possible by the transfer.
(4) All the powers, duties and functions assigned in §§ 1062 et seq. of Title 23 and any other acts.
History —Apr. 23, 1973, No. 5, p. 15, added as § 5A on Aug. 21, 1990, No. 47, p. 194, § 1.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 16 - Department of Consumer Affairs (§§ 341 — 341w) › § 341e-1A - Classification announcements

Following the approval of this act, all the operators of video game machines shall be required to post in their establishments an announcement in Spanish indicating the classification of the games, pursuant to the provisions in subsection (2) of § 341e-1 of this title. The announcement shall be located in a place that is visible for all the persons that visit the establishment, including children.
It shall also, be required that all the video game machines have a notice in Spanish in a visible area of the machine, indicating the classification of the game.
The Secretary of the Department of Consumer Affairs is empowered, pursuant to the powers granted by §§ 341 et seq. of this title, known as the “Department of Consumer Affairs Organic Act”, to impose an administrative fine which shall not be less than five hundred dollars ($500) nor more than five thousand dollars ($5,000) for each violation of the provisions of this section.
Any person who disagrees with the fine imposed by the Secretary may request the Advisory Board to review this determination. This body pursuant to the information received by the Secretary and the official involved, may ratify the fine imposed, or modify it, or render it ineffective. The determination of the Advisory Board shall be final and unappealable.
History —Apr. 23, 1973, No. 5, p. 15, added as § 6-A1 in May 24, 2000, No. 87, § 1; Aug. 5, 2004, No. 196, § 1, eff. 90 days after Aug. 5, 2004.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 16 - Department of Consumer Affairs (§§ 341 — 341w) › § 341e-2 - Prohibitions

It is hereby prohibited for any agency, department, bureau, office, dependency, instrumentality, public corporation or subsidiary of any of these, municipalities, or political subdivisions of the Government of Puerto Rico to sponsor or place announcements in segments in which a television program that is not classified, that is recommended for adults only or that contains material of a sexual content, with strong language and intense violence, or that covers topics for adults, includes profane language, graphic violence and explicit sexual content according to the system of classification adopted voluntarily by television stations. Moreover, they may not sponsor or place announcements during radio programs containing indecent material, as defined and regulated by the Federal Communications Commission. The foregoing prohibitions extend to any promotional or public service agreement. The Secretary is hereby authorized to adopt the necessary regulations to comply with the provisions of this section. The Secretary is hereby empowered to impose an administrative fine which shall not be less than five hundred dollars ($500), nor more than one thousand dollars ($1,000) for each violation of the provisions of this section. One fourth of the fine imposed shall be paid at the expense of the Secretary, Executive, or Head Director of the public agency that incurred the violation. The funds generated by these fines shall be covered into a special account to defray the operational costs of the Advisory Board.
The administrative fine shall be canceled when one of the following circumstances occurs:
(1) The Secretary, Executive Director, Head of the agency or government instrumentality or the mayor can show that the violation incurred was not due to his/her negligence or fault or to the negligence or fault of an employee of his/her agency, instrumentality or municipality.
(2) Presents a copy of the contract to schedule government advertisements which includes the clause with the prohibition provided in this section, and the penal clause, and
(3) presents evidence of the efforts made by said official to compel compliance with the penal clause provided in § 341e-1 nt of this title.
(4) Evidence is submitted as to the fact that the Secretary expressly granted a dispensation from compliance with this section for any of the exception provided in clauses (1)—(3) of subsection (a) of § 341e-3 of this title.
Any person who is not in agreement with the fine imposed by the Secretary may request a review of said decision from the Circuit Court of Appeals.
All that is here provided is expressly excluded from the provisions set forth in §§ 2101 et seq. of this title, known as the “Uniform Administrative Procedures Act”.
History —Apr. 23, 1973, No. 5, p. 15, added as § 6-B on Act Aug. 9, 1995, No. 128, § 1; Aug. 8, 1997, No. 60, § 2; Jan. 10, 1998, No. 27, § 2; Aug. 9, 2002, No. 146, § 2; Sept. 16, 2004, No. 336, § 2.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 16 - Department of Consumer Affairs (§§ 341 — 341w) › § 341e-3 - Prohibitions—Exceptions

(a) The Secretary may grant dispensations from compliance with the provisions of § 343e-2 of this title to public agencies in the following cases:
(1) The topic or content of a radio or television program offers the ideal opportunity to show educational advertisements on its same subject matter and the agency that requests the dispensation has the legal mandate to educate on the subject matter of the advertisement.
(2) Marketing studies show that the audience of the radio and television program is mostly constituted by the population to which the advertisement is addressed and is not an advertisement to promote carnivals, festivals, patron saints festivities, camps, public shows, exhibitions, anniversaries, contests, sports clinics, competitions, championships, Olympic games and other[s] of a similar nature.
(3) When dealing with messages of a preventive and educational nature, geared toward giving orientation to the citizenry that generally tunes in and watches the programs included in § 341e-2 of this title and the agency requesting the dispensation has the legal mandate to educate on the matter dealt with in the announcement.
The Secretary shall consider the inquiry and shall grant the dispensation within not more than 15 calendar days. If the inquiry for the dispensation is not replied to within said term, it shall be understood as approved and the agency may schedule the corresponding announcements according to its media plan.
(b) The dispensation from the Secretary shall not be required when the public announcement is necessary and urgent because:
(1) There is a state of emergency declared by the Governor, as provided by the provisions of §§ 172 et seq. of Title 25, known as the “Commonwealth of Puerto Rico Emergency Management and Disaster Administration Act”.
(2) There is an emergency caused by a disaster, catastrophic accident or similar situation within the geographic boundaries of a municipality declared as such by the Mayor, pursuant to § 4109 of Title 21, part of the “Autonomous Municipalities Act”.
History —Apr. 23, 1973, No. 5, p. 15, added as § 6-C on Aug. 8, 1997, No. 60, § 3; Jan. 10, 1998, No. 27, § 3; Aug. 9, 2002, No. 146, § 3; Sept. 16, 2004, No. 336, § 2 [bis]
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 16 - Department of Consumer Affairs (§§ 341 — 341w) › § 341e-3A - Definitions

For the purposes of the application of §§ 341e-1, 341e-2 and 341e-3 of this title and of § 3 of Act No. 128 of August 9, 1995, classified as special provisions note under § 341e-1 of this title, the term “public agency” shall mean every department, office, agency, administration, bureau, authority, program, commission, board, public corporation and subsidiary thereof, municipality and every other dependency and instrumentality of the Commonwealth of Puerto Rico, regardless of its denomination.
The terms “emergency” and “disaster” shall have the same meaning and scope given to them in §§ 172 et seq. of Title 25, known as the “Commonwealth of Puerto Rico Emergency Management and Disaster Administration Act” and its regulations.
History —Apr. 23, 1973, No. 5, p. 15, added as 6-C1 on Aug. 9, 2002, No. 146, § 4, eff. 60 days after Aug. 9, 2002.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 16 - Department of Consumer Affairs (§§ 341 — 341w) › § 341f - Protection of consumers

The Secretary shall have powers and faculties to inspect for the protection of the consumer, compliance of the consumer protecting laws under the jurisdiction of other agencies and organizations of the Commonwealth of Puerto Rico, and to refer the complaints and notify the violations to them for proper action.
History —Apr. 23, 1973, No. 5, p. 15, § 7.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 16 - Department of Consumer Affairs (§§ 341 — 341w) › § 341h - Administrative division for the ventilating of complaints

The Secretary shall establish an administrative division in the Department, for the purpose of receiving, ventilating and adjudging the complaints involving violation of the laws or provisions thereof for the protection of the consumer that may be filed by individual consumers, groups of consumers and officers of the Department or other officials of the Commonwealth of Puerto Rico.
History —Apr. 23, 1973, No. 5, p. 15, § 9.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 16 - Department of Consumer Affairs (§§ 341 — 341w) › § 341i - Examiners; administrative hearings

The Secretary shall designate a staff of examiners whose function shall be to preside over the administrative hearings to be held in the Department, both of a quasi-legislative and quasi-judicial nature.
The examiners shall render a report to the Secretary or to his designee, in accordance with subsection (d) of § 341e of this title, on the results of each administrative hearing held, and shall submit their recommendations.
History —Apr. 23, 1973, No. 5, p. 15, § 10; June 26, 1974, No. 87, Part 1, p. 306, § 3.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 16 - Department of Consumer Affairs (§§ 341 — 341w) › § 341i-1 - Complaints and grievances of consumers—Term to adjudicate them

The Secretary shall resolve the charges and complaints presented by the consumers of goods and services acquired or received from the private sector of the economy, and grant the pertinent legal remedies through the structure of administrative adjudication, within a term of one hundred and twenty (120) working days after the filing of the complaint, provided there is no just cause. As of July 1, 1986, the one hundred and twenty (120) working-day term shall be applicable to complaints regarding real property. In all other cases, the term shall be of one hundred twenty (120) calendar days.
History —Apr. 23, 1973, No. 5, p. 15, added as § 10-A on May 31, 1985, No. 19, p. 57, § 1, eff. July 1, 1985.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 16 - Department of Consumer Affairs (§§ 341 — 341w) › § 341i-2 - Complaints and grievances of consumers—Remedy in case of unjustified delay

In case the Secretary of the Department of Consumer Affairs or the person designated by him delays the matter beyond the term fixed by this chapter, the complainant may resort to the Court of First Instance Part corresponding to the Office where the complaint was filed, and request that forum to issue an order to show cause to justify the delay. The court, at its discretion, shall fix a term for the Department of Consumer Affairs to resolve the matter.
History —Apr. 23, 1973, No. 5, p. 15, added as § 10-B on May 31, 1985, No. 19, p. 57, § 1, eff. July 1, 1985.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 16 - Department of Consumer Affairs (§§ 341 — 341w) › § 341j - Attorneys for public interest

(a) The Secretary shall designate a staff of lawyers of the public interest whose function shall be to represent the individual consumers, groups of consumers and the Department in proceedings before other agencies or organizations and courts, both of the Commonwealth of Puerto Rico and of the United States.
(b) The Secretary may request from the Secretary of Justice the appointment of the lawyers of the public interest as special prosecutors in criminal actions for violations of the laws, regulations or orders administered by the Department.
History —Apr. 23, 1973, No. 5, p. 15, § 11.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 16 - Department of Consumer Affairs (§§ 341 — 341w) › § 341k - Separation of examiners and attorneys for public interest

The Secretary shall keep separate the unit of examiners and the unit of lawyers of the public interest. In the event that it might be necessary to transfer personnel from one unit to the other, the persons involved in the transfer shall not deal in cases in which they have intervened before in another capacity.
History —Apr. 23, 1973, No. 5, p. 15, § 12.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 16 - Department of Consumer Affairs (§§ 341 — 341w) › § 341l - Sanctions and orders

The Secretary or his designee, in accordance with subsection (d) of § 341e of this title, shall be empowered to issue the following sanctions and orders:
(a) Upon previous notice and hearing, impose administrative fines for violations of this chapter, or of the rules, regulations and orders approved or prescribed by the Department in accordance with this chapter.
(b) Upon previous notice and hearing, he may issue orders to cease and desist, and prescribe the corrective terms and conditions that through the evidence at his disposal, and in accordance with the law applicable, he may determine beneficial to the consumer. Whenever in the opinion of the Secretary an immediate serious damage is caused or may be caused to the consumers or to a consumer in particular, he may issue said order, of a provisional character, waiving the requirement of holding a hearing. Within the ten (10) days subsequent to the issuance of said provisional order, the Secretary shall hold an administrative hearing to decide whether such provisional order is made final or is repealed. The orders issued under this subsection shall be notified to the proper person at his business place or by registered mail to his last known address.
(e) The Secretary may appeal to the Court of First Instance of Puerto Rico requesting that any order to cease and desist issued by him or any corrective order be put into effect. Noncompliance with a judicial order granting such request shall constitute contempt of court.
History —Apr. 23, 1973, No. 5, p. 15, § 13; June 26, 1974, No. 87, Part 1, p. 306, § 4.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 16 - Department of Consumer Affairs (§§ 341 — 341w) › § 341m - Studies and investigations

(a) The Department is hereby empowered to carry out all kinds of studies and investigations on matters affecting the consumer, and to such purposes, the Secretary may require the information which might be necessary, pertinent and essential to achieve such purposes, and to approve those necessary and reasonable rules and regulations. The Secretary may issue subpoenas requiring the appearance of witnesses and the presentation of data or information to carry out the purposes of this chapter. He may, also, through himself or by means of his agent duly authorized administer oaths and receive testimonies, data or information.
(b) If a subpoena issued by the Secretary is not duly complied with, the Secretary may appear before the Court of First Instance of Puerto Rico and request the compliance of the subpoena. The Court of First Instance shall give preference to the course and dispatch of said request and may issue orders compelling the appearance of witnesses or the presentation of data or information previously required by the Secretary. The Court of First Instance is empowered to punish for contempt disobedience to the orders.
(c) No person shall refuse to comply with a subpoena of the Secretary or of his representative or to produce the required evidence or refuse to answer any question in connection with any study or investigation, or because the evidence required may incriminate him or subject him to criminal prosecution or that may cause his dismissal or removal from his employment, profession or occupation; but the testimony or evidence produced by said person on the requirements of the Secretary or his representative or by virtue of a judicial order, may not be used or presented as evidence against him in any criminal prosecution or in civil or administrative action that may cause his dismissal or removal from his employment profession or occupation.
(d) All information obtained as a result of the investigations made by the Department shall be of a public character, except, that which incriminates the deponent and that which constitutes a secret of production or is protected by the federal legislation on patents.
History —Apr. 23, 1973, No. 5, p. 15, § 14.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 16 - Department of Consumer Affairs (§§ 341 — 341w) › § 341n - Consumer complaints

Any consumer may file a complaint in the Department to vindicate the rights granted to him by the laws of the Commonwealth of Puerto Rico. In case the complaint filed by the consumer does not state any awardable controversy, the Department shall advise the consumer with respect to the solution of his complaint and/or shall refer same to any pertinent agency of the Commonwealth of Puerto Rico or of the United States.
The complaints of the consumers shall be governed by the adjudication procedure provided in this chapter.
History —Apr. 23, 1973, No. 5, p. 15, § 15.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 16 - Department of Consumer Affairs (§§ 341 — 341w) › § 341o - Decisions of Secretary, reconsideration

In a quasi-judicial or quasi-legislative proceeding, any party affected adversely by the decision of the Secretary or the official designated by him, pursuant to subsection (d) of § 341e of this title, shall request the Secretary to reconsider such decision within the term of twenty (20) days from the date notice thereof is served, except in proceedings filed by the Antitrust Office. The agency shall consider the reconsideration within fifteen (15) days as of the filing thereof. If it is denied in its entirety, or if it does not take action within fifteen (15) days, the term to request review shall begin to count again as of the notice of said denial or upon the expiration of said fifteen (15) days, as the case may be. If a determination is made in its consideration, the term to request review shall begin to count as of the date in which a copy of the notice of the resolution of the agency definitely resolving the motion for reconsideration is filed in the records. Said resolution shall be issued and filed in the records within the ninety (90) days following the filing of the motion for reconsideration. If the agency accepts the motion for reconsideration but fails to take action with respect to said motion within ninety (90) days as of the filing thereof, it shall lose jurisdiction over the same and the term to request judicial review shall begin to count as of the expiration of said ninety (90) day term, unless the agency for just cause and within said ninety (90) days extends the term to resolve for a period which shall not exceed thirty (30) additional days.
History —Apr. 23, 1973, No. 5, p. 15, § 16; June 26, 1974, No. 87, Part 1, p. 306, § 5; June 23, 1978, No. 71, p. 240, § 2; Jan. 5, 2006, No. 6, § 2.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 16 - Department of Consumer Affairs (§§ 341 — 341w) › § 341p - Judicial review of decisions

(a) Any part[y] adversely affected by a decision of a resolution [on] its merits or by a decision in reconsideration of the Secretary or of the officer designated by him, pursuant to subsection (d) of § 341e of this title, may request judicial review of said decision from the Court of Appeals. The petition for review shall be filed before the Court of Appeals within thirty (30) days of the date of the filing in record of the notice of said decision.
(b) The decision of the Secretary or of the officer designated by him, shall remain in full force and effect until a decision from the Court of Appeals revoking or modifying the decision of the Secretary becomes final.
(c) The appeal for review shall be executed by presenting a petition at the Office of the clerk of the court, which shall state the grounds on which the petition for review is based. The party shall notify the filing of the petition for review to the agency and to all the parties within the term for petitioning said review. Said notice may be remitted by mail.
(d) The Secretary shall transmit to the court a certified copy of the documents appearing in the file within a term of ten (10) days, counting from the date on which he was served notice of the issuing of a writ of review.
(e) The court shall review the resolutions or orders of the Secretary on the basis of the administrative record submitted to it and only as to the conclusions of law; the issues of fact of the Secretary shall be conclusive to the court if supported by substantial evidence.
(f) The petition for review made to the Court of Appeals shall not stay the effects of the regulations, order or resolution of the Secretary.
The provisions of this section shall not be applicable to the complaints filed by the Office of Monopolistic Affairs of the Department of Justice, under the provisions of § 259 of Title 10.
History —Apr. 23, 1973, No. 5, p. 15, § 17; June 26, 1974, No. 87, Part 1, p. 306, § 6; June 23, 1978, No. 71, p. 240, § 3; June 27, 1985, No. 36, p. 134; Jan. 5, 2006, No. 6, § 3.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 16 - Department of Consumer Affairs (§§ 341 — 341w) › § 341q - Fines

The Secretary shall be empowered to impose fines up to a maximum of ten thousand dollars ($10,000).
The Secretary may impose fines for violation of the provisions of this chapter, the acts administered by the Department or the regulations, or orders issued by the Department. Each day that the same violation is incurred, shall be deemed as a separate violation.
History —Apr. 23, 1973, No. 5, p. 15, § 18; June 26, 1974, No. 87, Part 1, p. 306, § 7; Aug. 22, 1990, No. 58, p. 230, § 2.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 16 - Department of Consumer Affairs (§§ 341 — 341w) › § 341r - Prohibited acts

Every type or kind of act, practice, advertisement or publicity which constitutes or tends to constitute fraud or deceit or misrepresentation of the brand, price, quantity, size, quality, guarantee or wholesomeness of a product, article or service is hereby prohibited.
Any business operating in Puerto Rico must display in a visible place and in clear and legible letters, a sign with the following information:
“It is illegal to publish false and deceitful advertisements. To incur in such a practice entails the penalty of a fine of up to a maximum of ten thousand dollars ($10,000). Consumers may file complaints with the Department of Consumer Affairs (DACO, Spanish acronym), Act No. 5 of April 23, 1973, as amended.”
The Secretary shall establish, through regulations, the size, type of letter and material on which the sign shall be printed and its location.
All natural or juridical persons who advertise their services regarding their profession, occupation or business in the written media, shall include the license or permit number granted by the Government for the practice thereof. Failure to comply with the provisions of this chapter shall constitute a misdemeanor, and upon conviction, the offender shall be penalized with a fine not to exceed five-hundred dollars ($500).
Entities with ten (10) or more licensed professionals may comply with the requirements of the preceding paragraph by including in their advertisements for goods and services a single license number and the name of its holder, which shall be the person who administers or directs the entity.
History —Apr. 23, 1973, No. 5, p. 15, § 19; June 26, 1974, No. 87, Part 1, p. 306, § 8; July 26, 1996, No. 77, § 1; July 19, 1997, No. 38, § 1; Aug. 21, 1999, No. 289, § 1; Oct. 5, 1999, No. 311, § 2; Aug. 12, 2000, No. 167, § 1.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 16 - Department of Consumer Affairs (§§ 341 — 341w) › § 341s - Professional and technical services

The Secretary shall contract the professional and technical services that might be necessary to attend the multiple and complex problems which the consumer must face and which require the attention and action of specialized personnel.
History —Apr. 23, 1973, No. 5, p. 15, § 20.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 16 - Department of Consumer Affairs (§§ 341 — 341w) › § 341t - Annual report

At the end of each fiscal year the Secretary shall render to the Governor and to the Legislature a report of the work performed during the year.
History —Apr. 23, 1973, No. 5, p. 15, § 21.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 16 - Department of Consumer Affairs (§§ 341 — 341w) › § 341u - Current regulations; legal successor

All laws, rules, regulations and orders applicable to the Department of Consumer Affairs and to the Department of the Treasury as to §§ 981—981s of Title 10, which are not in conflict with the provisions of this chapter, shall continue in force, and it shall be understood that from the date of effectiveness of this act, they relate and refer to and shall be administered by the Department of Consumer Affairs and its Secretary, who shall be, for all purposes, the legal successor of the Director of the Department of Consumer Affairs and the Secretary of the Treasury, respectively.
History —Apr. 23, 1973, No. 5, p. 15, § 23.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 16 - Department of Consumer Affairs (§§ 341 — 341w) › § 341v - Commission, members, purposes

A Commission is hereby created composed of the Secretary of Consumer Affairs, the Secretary of Justice, the Chairman of the Planning Board and two persons representing the public interest designated by the Governor of Puerto Rico which, in the term of one year from the effective date of this act, shall make a study in which shall be determined the functions and programs of the Commonwealth of Puerto Rico which must be transferred to the Department of Consumer Affairs by reason of their close relationship to the problems and affairs of the consumer.
Based on these recommendations the Governor shall submit to the Legislature, not later than thirty (30) days after a regular session starts or ten (10) days after a special session convenes, the transfers or programs he may deem necessary. If the Legislature adjourns without any of the Houses rejecting any proposed transfer, the latter shall automatically be approved, and shall take effect on the day following the adjournment of the Legislature.
History —Apr. 23, 1973, No. 5, p. 15, § 24.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 16A - Citizen’s Orientation Office Against Obscenity and Child Pornography in Radio and Television (§§ 343 — 343g) › § 343 - Short title

This chapter shall be known as the “Citizen’s Orientation Office for the Protection of Cyber Privacy and Against Obscenity and Child Pornography in Radio, Television, and the Internet Act”.
History —Aug. 9, 2002, No. 142, § 1; Oct. 7, 2009, No. 112, § 1.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 16A - Citizen’s Orientation Office Against Obscenity and Child Pornography in Radio and Television (§§ 343 — 343g) › § 343c - Director

The Director shall be an attorney, authorized by the Supreme Court of Puerto Rico to practice law in the Commonwealth of Puerto Rico, who has knowledge of constitutional and information technology law; Commonwealth and federal laws related to obscenity, pornography, cyber privacy, and personal information; and both the Spanish and English languages.
(a) The Director shall be appointed by, answer to, and carry out all duties at the will of the Secretary.
(b) The Secretary shall establish the salary or compensation of the Director according to the compensation rules applicable to other employees in positions of trust within the Department of Consumer Affairs with the same or similar functions and responsibilities.
History —Aug. 9, 2002, No. 142, § 4; Oct. 7, 2009, No. 112, § 6.