reglab/statecodes huggingface dataset:
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 51B - Human Resources Administration System (§§ 1461 — 1468p) › Subchapter II - Public Service Human Resources Administration; Basic Provisions (§§ 1461a — 1461b) › § 1461a - General provisions

The Public Service Human Resources System shall be governed pursuant to the following provisions:
(a) Office.— The Office shall be known as the Training and Labor Affairs Advisory and Human Resources Administration Office (OCALARH, Spanish acronym).
(b) Appointment of the Director.— The Office shall be headed by a Director, who shall be appointed by the Governor with the advice and consent of the Senate of Puerto Rico. The Director shall be a person with extensive knowledge and experience in the fields of human resources administration and labor relations.
History —Aug. 3, 2004, No. 184, §§ 4.1, 4.2; July 12, 2011, No. 133, § 2.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 51B - Human Resources Administration System (§§ 1461 — 1468p) › Subchapter III - Public Service Human Resources Administration System (§§ 1461c — 1461f) › § 1461c - Creation

A Human Resources Administration System is hereby created, to be completely amenable to collective bargaining, whose primal objective shall be to apply, evaluate and protect the merit principle within the public service.
This System shall be administered by the appointing authorities, with the advice, assistance and supervision of the Office, and shall comprise all agencies constituted into individual administrators, as well as those employees or entities not expressly excluded by this chapter.
History —Aug. 3, 2004, No. 184, § 5.1.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 51B - Human Resources Administration System (§§ 1461 — 1468p) › Subchapter III - Public Service Human Resources Administration System (§§ 1461c — 1461f) › § 1461d - Individual administrators

The following agencies shall be individual administrators:
(1) All those agencies originally constituted as such by their organic acts, or subsequently turned into such by virtue of executive directives approved by the Governor.
(2) All permanent commissions or commissions of indeterminate duration created to address specific situations or to conduct special studies.
(3) All agencies denominated as such by former § 1343 of this title, part of the Public Service Personnel Act, at the time of approval of this act.
(4) The Department of Education (to this end, § 1.07 of Act No. 68 of August 28, 1990, is hereby amended).
(5) The Drug Control Office (to this end, § 2401 of this title is hereby amended).
(6) The Office of the General Social and Economic Financing Coordinator (to this end, § 962 of Title 21, is hereby amended).
(7) Any other agency of the Executive Branch that receives its budget appropriations from the general fund, except for those expressly excluded by § 1461e of this title.
History —Aug. 3, 2004, No. 184, § 5.2; Sept. 2, 2004, No. 246, § 1.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 51B - Human Resources Administration System (§§ 1461 — 1468p) › Subchapter III - Public Service Human Resources Administration System (§§ 1461c — 1461f) › § 1461e - Exclusions

The provisions of this chapter shall not apply to the following government agencies and instrumentalities:
(1) Legislative Branch.
(2) Judicial Branch.
In the event §§ 1451—1454a of this title apply to Judicial Branch employees, the categories of auxiliary bailiff and court stenographer shall be excluded.
(3) Public or public-private corporations or instrumentalities that operate as private businesses.
(4) University of Puerto Rico.
(5) Office of the Governor Proper.
(6) Commonwealth Elections Commission of Puerto Rico.
(7) The Office of Government Ethics of Puerto Rico.
In the case of public or public-private corporations, these shall adopt personnel regulations that incorporate the merit principle within the administration of their human resources, pursuant to the provisions of this chapter.
History —Aug. 3, 2004, No. 184, § 5.3; Sept. 2, 2004, No. 246, § 2.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 51B - Human Resources Administration System (§§ 1461 — 1468p) › Subchapter III - Public Service Human Resources Administration System (§§ 1461c — 1461f) › § 1461f - Relationship between the office and individual administrators

The provisions concerning the relationship between the Office and individual administrators are contained within the text of this chapter. The following guidelines shall also govern such a relationship:
(1) All individual administrators, whether covered or not under §§ 1451—1454a of this title, shall adopt for themselves a set of regulations in connection with those areas that are essential to the merit principle, and shall conform to the provisions of this chapter. Furthermore, in what concerns personnel excluded from unionization, the regulations shall include all those areas regarding personnel which, even if not essential to the merit principle, are necessary to ensure that the Human Resources Administration System created by virtue of this chapter is a modern and fair system that facilitates the application of the principle merit.
Individual administrators shall submit a set of regulations for the Office’s approval, as required in the preceding paragraph. The Office shall have a term of ninety (90) calendar days to issue its approval once the regulations have been received from the appointing authority.
(2) The Office shall render the pertinent decision when there are differences of interpretation or application with an individual administrator, whether or not covered under §§ 1451—1454a of this title, in connection with the provisions of this chapter or the regulations adopted by the Office concerning areas that are essential and not essential to the merit principle, compensation, or normative provisions adopted by an individual administrator. Should it not be satisfied, the individual administrator may appeal at the Commission within the term of thirty (30) days counted from the date of notice of the decision or finding made by the Office.
(3) With the periodicity it may deem pertinent, the Office shall audit the human resources administration programs of each individual administrator; to such effect, agencies shall be notified in writing by the Director of the Office and the agencies shall be under the obligation to put at the disposition of the Office, all documents and information required for examination by the assessing specialists.
(4) Appointing authorities shall be under the obligation of imposing the pertinent disciplinary action on any official or employee who intentionally or due to carelessness or negligence fails to comply with any of the provisions of this chapter.
History —Aug. 3, 2004, No. 184, § 5.4; Sept. 2, 2004, No. 246, § 4; Feb. 17, 2010, No. 16, § 4.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 51B - Human Resources Administration System (§§ 1461 — 1468p) › Subchapter IV - Merit Principle (§§ 1462 — 1462h) › § 1462 - Essential areas

The following are the areas essential to the merit principle, which shall be applicable to the Public Service Human Resources Administration System established by virtue of this chapter, except for confidential service:
(1) Classification of positions;
(2) recruitment and selection;
(3) promotions, transfers, and demotions;
(4) training, and
(5) retention.
History —Aug. 3, 2004, No. 184, § 6.1.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 51B - Human Resources Administration System (§§ 1461 — 1468p) › Subchapter IV - Merit Principle (§§ 1462 — 1462h) › § 1462f - Readmissions

The following provisions shall govern the readmission of employees into the public service:
(1) Regular employees who resign from their jobs or are laid off due to the elimination of jobs, or due to disability, after having recovered therefrom, shall be entitled to have their names included in the eligible candidate registry corresponding to the job class they held with a regular status or a similar class, or its equivalent in other appraisal plans. This right may be exercised in agencies covered under this chapter, in which the employee had held jobs with a regular career status.
(2) Persons who recover from their disability, after having enjoyed an annuity for work-related or other disability from any of the retirement systems sponsored by the Government, shall be entitled to have their names included in the eligible candidate register corresponding to the same or similar job classes, or their equivalent in other appraisal plans, as they held at the time they left the job because of the disability, until they are selected. In these cases, they shall be certified as the sole candidates. The agency shall be under the obligation to appoint these candidates if they are available, but it may require such test or evidence of capability as it deems pertinent.
(3) Any person for whom readmission has been approved shall be entitled to appear in the register for a maximum period of three (3) years as of the date of being severed from service or as of the official date the disability no longer exists. Exception from this provision is made of persons who recover from their disability after having been enjoying an annuity for work-related or other disability from one of the retirement systems; in this case, they shall remain in the register until they are selected.
(4) Persons entitled to readmission who wish to exercise such a right, with the exception of persons laid off due to the elimination of jobs or those enjoying an annuity for work-related or other disability, shall file a written application with the agency within a period of three (3) years as of the date of effectiveness of being severed from the job they held.
(5) The agency shall give the employee written notice of the action taken in the case of his/her application for readmission. In the case of layoffs, the employee shall be likewise given written notice of the readmission.
(6) When rejecting an application for readmission, the appointing authority shall inform the employee, in its notice, the cause or causes which gave grounds for its action, and the employee may request a reconsideration of the decision within a term of ten (10) days as of the date of the notice. If the decision is confirmed, the employee may appeal before the Commission within a term of thirty (30) days as of the date of notice of the decision.
History —Aug. 3, 2004, No. 184, § 6.7.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 51B - Human Resources Administration System (§§ 1461 — 1468p) › Subchapter IV - Merit Principle (§§ 1462 — 1462h) › § 1462h - Prohibition

In order to ensure the faithful application of the merit principle in the public service during pre and post-elections periods, the appointing authorities shall abstain from making any personnel transaction which includes the essential areas of the merit principle, such as appointments, promotions, demotions, or transfers; nor shall they be able to make changes or carry out compensation actions or changes of job category. Excepted from this prohibition are the changes resulting from the termination of a probation period and the imposition of disciplinary measures. Failure to comply with this measure shall entail the voiding of the transaction thus carried out.
This prohibition shall comprise the period of two (2) months before and two (2) months after the holding of the General Elections of Puerto Rico. Provided, That during said period, no personnel actions or changes whatsoever with a retroactive effect may be processed or registered in the personnel records.
Upon approval of the Director, exception from this prohibition may be made in the event of urgent and unpostponable needs of the service duly evinced and certified pursuant to the norms issued by the Office concerning this matter.
History —Aug. 3, 2004, No. 184, § 6.9.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 51B - Human Resources Administration System (§§ 1461 — 1468p) › Subchapter V - Public Career Development Advisory Council (§ 1463) › § 1463 - Creation and composition

The Public Career Development Advisory Council is hereby created with the purpose of professionalizing the career of public employees, in order for these to be prepared to face organizational challenges and provide better services to citizens. This Council shall be responsible of guaranteeing that the competency training of employees shall be geared toward the fulfillment of the goals and commitments of each agency.
A Public Career Development Advisory Council is hereby created, to be composed by nine (9) members. These are: the Director of the Office of Management and Budget, or his/her authorized representative; the Secretary of Education or his/her authorized representative; the Director of the Office; and six (6) heads of agencies designated by the Governor, on the basis of the government’s priorities concerning professional development. In the case of authorized representatives, these shall be officials that know and collaborate in the formulation of the public policy of the agency. The Council shall be presided by the Director of the Office. The functions of the Office shall be:
(1) To identify the needs of competency training and development of the governmental personnel.
(2) To advise the Director of the Office as to resources, mechanisms programs and other means available to increase the effectiveness of the Human Capital Development Division.
(3) To recommend to the Director of the Office on the incorporation of competency development and activities that address the needs of the agencies.
(4) To hold [periodic] meetings, which shall not be less than three (3) a year.
(5) To present to the Governor an annual report on July of each year, which shall include the results obtained in the fiscal year to be concluded.
The Advisory Council shall submit to the Governor a report on the implementation of the public career not later than six (6) months as of the date of approval of this act.
History —Aug. 3, 2004, No. 184, §§ [7], 7.1.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 51B - Human Resources Administration System (§§ 1461 — 1468p) › Subchapter VI - Compensation (§§ 1464 — 1464b) › § 1464 - Public policy

The public policy on compensation of the Commonwealth of Puerto Rico recognizes as main values the capability shown by the employee in the performance of his/her tasks; the commitment shown to the goals and objectives of his/her organization; the adhesion to order and discipline norms; and the sensitive, respectful and diligent treatment of our citizens.
To attain these values, government compensation systems shall be geared toward attracting and retaining the most suitable personnel; recognizing group and individual achievements of workers; promoting team work; and propitiating dignity in the living standards of workers. All of the above, based on equity and justice, and in consideration of the economic reality of government entities.
This new compensation system, in addition to recognizing and fairly compensating the contributions of employees to the achievement of organizational goals, shall allow management to have greater flexibility in the administration of the compensation system. This will render the human resources management system more dynamic and effective.
History —Aug. 3, 2004, No. 184, § 8.1.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 51B - Human Resources Administration System (§§ 1461 — 1468p) › Subchapter VII - Employee Categories (§§ 1465 — 1465c) › § 1465 - Generally

There are two (2) employee categories within the personnel system:
(1) Career employees. — Those employees who have been admitted into the public service in faithful compliance with the established by the body of laws in effect and which applies to the recruitment and selection processes of the career service at the time of their appointment. Such employees are entitled to remain in the service pursuant to the provisions of § 1462e of this title. This category includes confidential employees.
Confidential employees are those who, even though they hold positions within the career service, perform functions that by their very nature affect or participate significantly in the formulation or implementation of public policy or who perform functions directly or indirectly connected with employer-employee relations which actually or potentially involve a conflict of interest are excluded from all the appropriate units, as provided in § 1451(b)(1) of this title, part of the Public Service Work Relations Act.
(2) Confidential employees. — The employees that substantially intervene or collaborate in the formulation of public policy, or those who directly advise or render direct services to the head of the agency, such as:
(a) Officials or employees appointed by the Governor, their personal secretaries and chauffeurs, as well as executive and administrative assistants who answer to them directly.
(b) Heads of agencies, their personal secretaries and chauffeurs, as well as executive and administrative assistants who answer to them directly.
(c) Deputy heads of agencies, their personal secretaries and chauffeurs.
(d) Regional directors of agencies.
(e) Board or permanent commission members appointed by the Governor, and their respective personal secretaries.
(f) Members and staff of boards and commissions appointed by the Governor with a determinate period of effectiveness.
(g) The staff of the Office of Former Governor Services.
Confidential employees can be selected and removed at will. Likewise, those employees who, even though they are selected at will, are to be removed only for just cause by provision of law or those whose appointment is for a term predetermined by law, shall also be confidential employees.
History —Aug. 3, 2004, No. 184, § 9.1.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 51B - Human Resources Administration System (§§ 1461 — 1468p) › Subchapter VII - Employee Categories (§§ 1465 — 1465c) › § 1465a - Reinstatement of confidential employees

(1) All employees with regular status in the career service who move to the confidential service, shall have the absolute right to be reinstated in a position equal or similar to the last job they held within the career service, unless removed from the confidential service by charges brought. Provided, That they shall be entitled to all benefits in terms of classification and salary that have been extended to the career job they held during the term in which they served in the confidential service.
(2) All employees with regular status in the career service who is elected or designated as substitute to hold an elective public office within the Executive or Legislative Branch, shall have absolute right to be reinstated to a position equal or similar to the last job they held within the career service, unless removed from elective office due to inappropriate conduct or impeachment or unless they have resigned their post due to illegal or inappropriate conduct which would have led to removal or impeachment. Provided, That they shall be entitled to all benefits in terms of classification and salary that have been extended to the career job they held, during the term in which they served in elective public office.
(3) Regular employees in the career service who are recruited to occupy a position in the confidential service or who are elected by the people or designated substitutes to occupy an elective public office, as established above, shall retain the fringe benefits and leave rights established in this chapter.
Once their assignment in the confidential service or elective office ceases, the employee shall be credited for years of service and seniority at the last job he/she held.
History —Aug. 3, 2004, No. 184, § 9.2.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 51B - Human Resources Administration System (§§ 1461 — 1468p) › Subchapter VII - Employee Categories (§§ 1465 — 1465c) › § 1465b - Approval of confidential positions

Each individual administrator shall approve a plan which contains a number of confidential positions not to exceed thirty (30). When the organizational structure, functional complexity or size of the agency requires a greater number, it shall be necessary to obtain the approval of the Office of Management and Budget.
History —Aug. 3, 2004, No. 184, § 9.3.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 51B - Human Resources Administration System (§§ 1461 — 1468p) › Subchapter VII - Employee Categories (§§ 1465 — 1465c) › § 1465c - Change of service and category

(1) Each individual administrator may make change a career service job to a confidential service job and vice versa, when an official change in the functions or in the organizational structure of the agency occurs which so justifies, subject to the following:
(a) If the position is vacant.
(b) If the position is occupied and the change is from career service to confidential service, its occupant shall give his/her express written consent. In the event the employee does not give his/her consent, he/she shall be placed immediately in a position in the career service with equal salary and for which he/she meets the minimum requirements.
(c) If the position is occupied and the change is from confidential service to career service, its occupant shall remain therein, subject to the following conditions:
(A) That he/she meets the education and experience requirements established for the job class or its equivalent in other job appraisal plans.
(B) That he/she has held the position for a period of time of not less than that which corresponds to the probation period for the job class or its equivalent in other job appraisal plans; and that his/her services are excellent as validated by an evaluation.
(C) That he/she approves or has approved the test or the selection criteria established for the job class or its equivalent in other job appraisal plans.
(D) That the appointing authority certifies that his/her services have been satisfactory.
In the event the occupant does not meet all of the conditions mentioned above, he/she may not remain in the job, unless covered under the right to reinstatement provided for in § 1465a of this title.
Changes in category may not be used as a subterfuge to grant permanence benefits to employees who did not compete for a career job. These shall only be pertinent after thorough analysis of the functions of the job or of the organizational structure of the agency so justify.
History —Aug. 3, 2004, No. 184, § 9.4.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 51B - Human Resources Administration System (§§ 1461 — 1468p) › Subchapter IX - Work Schedule and Employee Records (§§ 1467 — 1467b) › § 1467 - General norms

The norms on the work day for public employees are the following:
(1) The regular work week for regular career employees shall not exceed forty (40) hours nor shall it be of less than thirty seven and a half (37 1 / 2) hours, on the basis of five (5) work days, except when provided otherwise by special laws. The work day shall not exceed eight (8) hours. Employees shall be granted two (2) resting days for each regular work week.
(2) The regular work week of the employee shall consist of the number of hours that, within a period of seven (7) consecutive days, the employee is under the obligation to render services, pursuant to his/her regular work schedule. Normally, the regular work week shall comprise the days from Monday through Friday, being Saturday and Sunday the days of rest. However, in addressing the needs of service, agencies may establish a regular work week, for all or part of its personnel, beginning and ending on any day of the week, as long as said week includes two (2) days of rest.
(3) The regular work day or work week of employees may be reduced as an action to prevent layoffs. When a reduced regular work schedule has been established as a measure to prevent layoffs, said work schedule may be established on a basis of less than five (5) work days.
(4) Each agency, within the limits indicated above, shall establish the work week and work day that shall apply to its employees, taking into account the needs of the service.
(5) As a general rule, the work day schedule shall be fixed on the basis of a fixed starting time and a fixed finishing time. However, agencies may adopt through their bylaws a flexible, tiered, extended or rotating-shift work schedule.
(6) Each agency shall grant all employees a one (1)-hour meal break during their regular daily work schedule. The employee shall begin to enjoy said period neither before having completed the first three and a half hours nor after having completed the fifth hour of working consecutively. Through a written agreement between the employee and an agency authorized representative, the meal-break hour may be reduced to half (1 / 2) an hour due to needs of the service or for the convenience of the employee. In the case of unionized employees, the agreement shall be approved by the union representative.
(7) Agencies shall program their work schedule so that the employee is able to take his/her meal break. However, in emergency situations, the employee may be required to render services during his/her meal break or part thereof.
(8) Hours worked shall comprise all the time during which an employee is required to render services or to remain in the premises or in a determinate workplace and all the time during which he/she is ordered and expressly authorized to carry out the same.
History —Aug. 3, 2004, No. 184, § 11.1.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 51B - Human Resources Administration System (§§ 1461 — 1468p) › Subchapter IX - Work Schedule and Employee Records (§§ 1467 — 1467b) › § 1467a - Work in excess of the regular work schedule

(1) The work schedule program of each agency shall be formulated so that the need to work beyond the regular work schedule established for employees by the agency is reduced to a minimum. However, appointing authorities, due to the special nature of the services to be rendered or due to any emergency situation, may require their employees to render services beyond their daily or weekly work schedule, or on any other day in which services are suspended by the Governor without being charged to any leave. In these cases, there shall be the previous authorization by the supervisor to the employee, which shall be approved by the appointing authority or by the official unto whom it delegates. Supervisor shall take measures so that when an employee continues working it is always by virtue of an express authorization.
(2) Employees shall be entitled to receive a compensation leave, at a ratio of one and a half (11/2) time, for services rendered beyond their regular daily or weekly work schedule, or during their meal break, and for services rendered during holidays, days of rest, or days on which the Governor suspends services without charge to any leave. This leave shall be enjoyed by the employee within a period of thirty (30) days as of the date on which he/she had worked overtime. If due to the need of the service, this were not possible, said leave may be accrued for up to a maximum of two hundred and forty (240) hours. In the cases of employees in security or health jobs, they may accrue up to four hundred and eighty (480) hours. The compensation of overtime via the compensatory leave shall not be allowed for hours accrued by the employee in excess of the limits mentioned above.
(3) Exception from the provisions of subsection (2) of this section is made of any employee who carries out functions of an administrative, executive or professional nature, as these terms are defined in the Federal Fair Labor Standards Act.
History —Aug. 3, 2004, No. 184, § 11.2.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 51B - Human Resources Administration System (§§ 1461 — 1468p) › Subchapter IX - Work Schedule and Employee Records (§§ 1467 — 1467b) › § 1467b - Employee records

(1) All agencies shall maintain the following records for each of their employees:
(a) A record that reflects the complete history of the employee from the date he/she was originally admitted into the public service until the date of his/her definitive separation from the service.
(b) A record that is confidential and separate and which contains the instructions, determinations and certificates of a medical nature, pursuant to the Federal American with Disabilities Act (ADA).
(c) A record that contains a copy of all change reports and all other documents and information required for retirement purposes.
(2) Said records shall be of a confidential nature; however, these may be examined for official purposes by authorized employees or officials. All employees shall have the right to examine their personnel records, after submitting a written request and in the presence of a human resources official or employee authorized therefor. The aforementioned request shall be submitted to said office in reasonable advance to the date on which the employee intends to perform the examination. The employee may authorize another person in writing to examine the record.
All employees shall be entitled to obtain a copy of any or all documents contained in their record by paying copying costs.
(3) All matters relative to the conservation and disposal of the records of employees who separate from the service shall be governed by the provisions of §§ 1001—1013 of this title, known as the “Puerto Rico Public Document Administration Act” and its regulations, administered by the General Services Administration or any statutory provision that may substitute it.
(4) When an employee is transferred from one agency to another, the originating agency shall transfer the records to the agency to which the employee is transferring not later than thirty (30) days, counted from the date of effectiveness of the transfer.
History —Aug. 3, 2004, No. 184, § 12.
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) › § 1468 - Creation

The Appeals Commission of the Public Service Human Resources Administration is hereby created as an entity entirely independent from the Office.
History —Aug. 3, 2004, No. 184, § 13.1.
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) › § 1468a - Composition

The Commission shall be composed of one Chairperson and two Associate Commissioners, who shall be appointed by the Governor with the advice and consent of the Senate. Both the Chairperson and the associate members shall be attorneys at law, admitted to the bar, with ample knowledge and experience in the field of human resources administration and in the application and protection of the merit principle. Any person who has been active in politics during the four (4) years prior to the term of appointment, may not become a member of the Commission. It shall be understood by “active in politics” that the person, during the four (4) years prior to his/her appointment, has been a candidate for a nomination to an elective position in the primaries of a political party, or a candidate nominated on the ballot of a political party, or has held a position in a political party committee or body, whether national, commonwealth, regional, municipal, ward or electoral unit and/or any other candidate or aspirant to an elective position. It shall be understood by “political party” that it is a principal party, a party by petition, a local party by petition, an associated party or a national party.
History —Aug. 3, 2004, No. 184, § 13.2; Aug. 30, 2006, No. 176, § 1.
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) › § 1468b - Appointment, terms, continuity

The Chairperson shall be appointed for an initial term of seven (7) years. One Associate Commissioner shall be appointed for the term of five (5) years and the other for a term of four (4) years. All other appointments shall be for terms of seven (7) years. The members of the Commission shall hold office for their term of appointment and until their successors take office. In case a vacancy arises before the expiration of the term of appointment of a Commissioner, the Governor shall designate a new Commissioner with the advice and consent of the Senate, for the remainder of the term of the Commissioner thus being replaced.
History —Aug. 3, 2004, No. 184, § 13.3.
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) › § 1468c - Work schedule and salary

The members of the Commission shall be full-time officials. During their terms of office, they may not hold any other public office or job, nor may they practice any profession or trade or earn additional compensation from any other entity, whether it be public or private. Commissioners shall earn a salary equal to the basic salary of a judge of the Court of First Instance, Superior Section. The Chairperson shall earn the amount of five hundred additional dollars ($500) a month.
History —Aug. 3, 2004, No. 184, § 13.4.
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) › § 1468d - Removal

The Governor may initiate, by bringing charges, the procedures to remove a Commissioner for negligence or illegal or inappropriate conduct in the performance of his/her duties. Such removal procedure shall be initiated by bringing charges before an Administrative Judge designated by the Governor. The Administrative Judge thus designated shall conduct the corresponding investigation. If after having conducted the investigation, he/she should find that there is no cause, he/she shall recommend the case to be vacated. If he/she should find that there is cause, the Administrative Judge shall grant a hearing at the earliest time possible to give the parties the opportunity to be heard and to present evidence. If the Administrative Judge should conclude that the charges have been proven, he/she shall issue a Resolution and shall order the removal of the Commissioner. The member of the Commission thus removed may appeal the decision before the Circuit Court of Appeals within the term of thirty (30) days, after having received notice of such resolution.
History —Aug. 3, 2004, No. 184, § 13.5.
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) › § 1468e - Contribution to the Retirement System and the Commonwealth Employees Association

The Chairperson and the commissioners may avail themselves, at their option, of the benefits of the Employee Retirement System of the Commonwealth, in which case, the Commission shall be under the obligation to pay the corresponding employer contribution and to process all documents necessary. Furthermore, the Chairperson and the commissioners may avail themselves, at their option, of the benefits of savings and loans and other services offered by the Puerto Rico Commonwealth Employee Association.
History —Aug. 3, 2004, No. 184, § 13.6.
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) › § 1468f - Quorum

For all determinations that require the action of the Commission in full, two (2) of its members shall constitute a quorum. Adjudicative decisions shall require the approval of two (2) commissioners.
History —Aug. 3, 2004, No. 184, § 13.7.
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) › § 1468g - Central offices

The central offices of the Commission shall be located within the municipal demarcation of San Juan, but when the circumstances of the matter in question render it necessary or convenient, the Commission may be constituted and act in any municipality within the jurisdiction of the Commonwealth of Puerto Rico.
History —Aug. 3, 2004, No. 184, § 13.8.
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) › § 1468i - Functions and powers of the Chairperson

The Chairperson shall be the chief executive officer of the Commission and shall have the following responsibilities:
(1) Appoint or contract the persons and officials necessary to carry out the operational functions of the Commission.
(2) Appoint a Secretary of the Commission, who shall hold office while he/she enjoys the trust of the Commission.
(3) Designate examining officers or investigators to carry out the tasks related to specific appeals.
(4) Approve the necessary regulations to enable the efficient and appropriate operation of the Commission in complying with this chapter.
(5) Submit to the Governor and the Legislature a report on the activities of the Commission at the closing of each year.
(6) Designate an associate commissioner to act as chairperson in his/her absence; [who] shall be known as the Acting Chairperson, and who shall assume all duties and responsibilities of the actual chairperson, until the latter is able to return to his/her position.
(7) Assign work areas, in the adjudicative, regulatory and/or operational phases of the agency, to one (1) or more Associate Commissioners.
The abovementioned in this section shall not hinder in any way the right of the parties to a fair and unbiased adjudication process.
(8) Select and appoint an Executive Director, who shall hold his position while he/she has the trust of the Chairperson. The Executive Director shall meet the requirements of education, experience and of any other nature deemed essential by the Chairperson to properly perform the functions of the position. He/she shall be responsible for organizing and directing the works of the Commission. The Executive Director shall also contract, with the previous authorization of the Chairperson, the services of experts and advisors. The Executive Director shall administer the budget and be responsible for his/her undertakings before the Chairperson.
History —Aug. 3, 2004, No. 184, § 13.10; July 31, 2007, No. 99, § 1; Aug. 9, 2007, No. 106, § 2.
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) › § 1468j - Functions of the Secretary

The Secretary shall have the duties and powers that the Chairperson or the Commission assign to him/her through regulations.
History —Aug. 3, 2004, No. 184, § 13.11.
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) › § 1468k - Examining officers

The Chairperson shall select and appoint examining officers, who shall occupy their positions as long as they enjoy the trust of the Chairperson. They shall not have to be necessarily attorneys at law, unless provided otherwise in the regulations to be promulgated by the Commission. When designated as such, examining officers shall issue orders, preside hearings, receive the corresponding evidence in each case, and submit to the Commission a report with the pertinent findings of fact, conclusions of law, and recommendations. The Commission shall resolve, by majority, the action it deems appropriate and conforming to the law.
History —Aug. 3, 2004, No. 184, § 13.12.
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) › § 1468m - Appellate procedure, term

The procedure to bring a complaint or appeal shall be the following:
(1) The party affected under Section 9.13, shall present a written appellate brief to the Commission within the term of thirty (30) days, to be counted as of the date in which the party is notified of the action or decision subject to appeal in case he/she had been given a written notice, or from the date he/she became aware of the action or decision by other means.
(2) The Commission may, after an appeal has been investigated and analyzed, dismiss the appeal or order the holding of a public hearing, delegating the same unto an Examining Officer, who shall summon the parties and receive the pertinent evidence.
(3) The Commission shall provide through regulations the procedure that shall govern the public hearing before an Examining Officer.
(4) In cases in which the Commission may have jurisdiction and the affected party has filed a claim in writing to the appointing authority and no answer is received, within sixty (60) days of the notice, the affected party shall have a thirty (30)-day term, counting from the date on which the (60)-day term expires, to file its appeal before to the Commission.
History —Aug. 3, 2004, No. 184, § 13.14; May 19, 2006, No. 101, § 1.
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) › § 1468n - Judicial review

The decisions of the Commission shall be final unless the appointing authority, the citizen or the employee requests a judicial review by filing a petition to that effect.
The party adversely affected by a partial or final resolution or order may, within the term of twenty (20) days from the date the notice of the resolution or order has been entered into the record, present a motion for reconsideration of the resolution or order. The agency shall consider the motion within fifteen (15) days of its presentation. If it flatly rejects it or if it fails to act within fifteen (15) days, the term to request the review shall begin to run anew from the moment of notification of the denial or from the expiration of those fifteen (15) days, as the case may be. If a determination is made in the consideration thereof, the term to request a review shall begin to count from the date of entering into the record a copy of the notice of the resolution of the agency resolving definitely the motion of reconsideration. Such a resolution shall be issued and entered into the record within ninety (90) days following the date the motion for reconsideration has been filed. If the agency accepts the motion for reconsideration but fails to act on the motion within ninety (90) days of the filing thereof, it shall lose its jurisdiction over the same, and the term to request the judicial review shall begin to count from the date of expiration of said ninety (90)-day term, except if the agency, for just cause and within those ninety (90) days, extends said term to resolve for a period which shall not exceed thirty (30) additional days.
History —Aug. 3, 2004, No. 184, § 13.15.
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) › § 1468o - Human resources of the Commission

The Commission shall constitute an Individual Administrator subject to the provisions of this chapter, and shall develop and implement personnel regulations that incorporate and protect the merit principle. The personnel of the Commission shall be excluded from the provisions of the Public Service Labor Relations Act, §§ 1451 et seq. of this title.
History —Aug. 3, 2004, No. 184, § 13.16.
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) › § 1468p - Transition process

(1) The positions of chairperson and associate members of the Board of Appeals of the Personnel Administration System, created by Act No. 5 of October 14, 1975, as amended, and of the Board of Appeals of the Education System, created by §§ 274e—274i-2 of Title 18, shall be abolished on the day before the Committee of Appeals, created by this chapter, begins its operations.
(2) The personnel, equipment, records, documents and budget appropriations belonging to the quasi-judicial entities mentioned in the subsection (1) of this section shall be transferred to the Commission created by virtue of this chapter.
(3) The Appeals Commission shall begin its operations on or before the day in which three (3) months have transpired from the date of approval of this act. During the transition process, each of the entities shall continue to function as they regularly do, until the new Commission begins to operate. Within said period, the Commission shall have established its main offices within the municipal demarcation of San Juan; have developed the regulations, norms and procedures that shall govern its internal operations and the exercise of its quasi-judicial functions; have organized the transferred personnel and recruited the minimum additional personnel, if necessary, to begin to operate normally.
(4) The Office of Management and Budget is hereby empowered, upon the authorization of the Governor of Puerto Rico, to prorate the amount of two hundred thousand dollars ($200,000), chargeable to the operational expenses budget in effect at each of the quasi-judicial entities mentioned in subsection (1) of this section, to defray the expenses for disclosure and orientation among public employees and the general citizenry.
In subsequent years, the annual appropriations for the operations of the Appeals Commission shall be included in the General Expenses Budget of the Commonwealth of Puerto Rico.
History —Aug. 3, 2004, No. 184, § 13.17; Sept. 2, 2004, No. 246, § 6.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 52 - Prohibition and Inability to Hold Public Office (§§ 1491 — 1494) › § 1492 - Documents

The State Election Commission is hereby prohibited from accepting or processing any document whose purpose or end is to qualify for elected public office any person [who is] convicted of any of the crimes listed in Section 3.3 of Act No. 5 of October 14, 1975. The Commission shall approve the necessary regulations to comply with what has been provided herein.
History —Aug. 5, 1993, No. 50, § 2.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 52 - Prohibition and Inability to Hold Public Office (§§ 1491 — 1494) › § 1493 - Suspended sentence

None of the provisions of this chapter shall be construed as a limitation of the faculties of the Governor to suspend sentences in criminal cases, grant pardons and condone fines and seizures.
History —Aug. 5, 1993, No. 50, § 4.