reglab/statecodes huggingface dataset:
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 75 - Uniform Administrative Procedure (§§ 2101 — 2201) › Subchapter III - Adjudicative Proceedings (§§ 2151 — 2170a) › § 2168 - Official record

The agency shall establish a unit for the filing of the official records of the adjudicatory cases. Subunits thereof may be established in the regional offices of the agency or by the various programs of the agency as required by the needs of the service.
The agency shall keep an official record of each adjudicatory procedure carried out according to the procedure established in this subchapter. The record shall include without being limited thereto:
(a) The notices of all the procedures.
(b) Any interlocutory order or resolution issued before the hearing.
(c) Any motion, allegation, petition or requirement.
(d) Any evidence received or considered.
(e) A statement of all the items of which official cognizance was made.
(f) Offers of evidence, objections and resolutions regarding the same.
(g) Proposals of findings of facts and conclusions of law, orders requested and exceptions.
(h) The memorandum drafted by the official who presided at the hearing, together with any transcription of all or part of the hearing considered before the final disposition of the procedure, in those cases in which the official who presided the hearing does not have the power to adjudicate.
(i) Any final order or final, preliminary or reconsidered resolution.
The agency’s record shall constitute the exclusive grounds for action by the agency in an adjudicatory procedure under this chapter and for the subsequent judicial review.
History —Aug. 12, 1988, No. 170, § 3.18, eff. 6 months after Aug. 12, 1988.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 75 - Uniform Administrative Procedure (§§ 2101 — 2201) › Subchapter III - Adjudicative Proceedings (§§ 2151 — 2170a) › § 2169 - Procedure and terms to request reconsideration in the adjudication of bids

The adjudication of bids shall be informal proceedings; its regulations and terms shall be established by the agencies. The party adversely affected by a decision may, within ten (10) days after the adjudication of the bid, file a motion for reconsideration before the agency or appellate body for bids, if one exists in such agency, as the case may be. The agency or appellate body shall consider the motion within ten (10) days from filing. If the agency makes a determination upon consideration, the term to request a judicial review shall begin to elapse from the filing date of a copy of the notice of the agency or appellate body’s decision settling the motion in the case record. If the filing date of the copy of the notice of entry of judgment or order differs from the date of mailing of said notice, the term shall be calculated from the mailing date. If the agency or appellate body fails to act on the motion for reconsideration within ten (10) days after the filing thereof, it shall be understood that the motion was outright denied and the term for judicial review shall begin to elapse from said date.
History —Aug. 12, 1988, No. 170, added as § 3.19 on Aug. 5, 1989, No. 43, § 7; Sept. 16, 2004, No. 331, § 1; Dec. 15, 2013, No. 132, § 3, eff. 30 days after Nov. 15, 2013.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 75 - Uniform Administrative Procedure (§§ 2101 — 2201) › Subchapter III - Adjudicative Proceedings (§§ 2151 — 2170a) › § 2170 - Payment of interest

Every order of an administrative entity which orders the payment of money shall include interest on the amount imposed from the date on which payment was ordered until such order is complied with at the rate established by regulation by the Finance Board for civil judgments, and as certified by the Commissioner of Puerto Rico Institutions and which is in effect at the time of the decision.
History —Aug. 12, 1988, No. 170, added as § 3.20 on July 30, 1990, No. 21, § 1.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 75 - Uniform Administrative Procedure (§§ 2101 — 2201) › Subchapter III - Adjudicative Proceedings (§§ 2151 — 2170a) › § 2170a - Penalties

The agency may impose penalties, in its quasi-judicial capacity, in the following cases:
(a) Where the petitioner in an action or the respondent fails to comply with the rules and regulations or with any order of the agency head, administrative judge or official examiner, the agency may, on its own initiative or at the request of any party, order him/her to show cause for which the penalty should not be imposed. The order shall state the rules, regulations or orders that have not been complied with, and a term of twenty (20) days shall be granted from the date of service of the order, to show cause. If said order is not complied with, or if it is determined that there was no cause to justify the noncompliance, then a financial penalty shall be imposed in favor of the agency or any party, that shall not exceed two hundred dollars ($200) for each separate imposition on the party or his attorney, if the latter is responsible for the noncompliance.
(b) Order the dismissal of the action in the case of petitioner or dismiss the allegations of the respondent if, after imposition of financial penalties and notification of them to the appropriate party, said party continues to fail to comply with agency orders.
(c) Impose costs and attorneys fees as provided in Rule 44 of Civil Procedure, App. III of Title 32.
History —Aug. 12, 1988, No. 170, added as § 3.21 on Nov. 30, 1990, No. 18, § 15; July 31, 1999, No. 204, § 1.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 75 - Uniform Administrative Procedure (§§ 2101 — 2201) › Subchapter IV - Judicial Review (§§ 2171 — 2177) › § 2171 - Applicability

The provisions of this chapter shall apply to those final orders, resolutions and adjudicative provisions dictated by agencies or administrative officers which shall be reviewed by the Court of Appeals by means of a petition for review, except:
(1) Those dictated by the Secretary of the Treasury with respect to the internal revenue laws of the Commonwealth of Puerto Rico, which shall be reviewed by filing a suit and holding a trial de novo, before the part with competence of the Court of First Instance. Plaintiffs who challenge the determination for any deficiency incurred by the Secretary of the Treasury shall be bound to pay the portion of the unchallenged tax and pay a bond for the unpaid balance of the tax determined by the Secretary of the Treasury, on or before filing the suit, and
(2) those dictated by the Municipal Revenues Collection Center with respect to the deficiencies, appraisals and tax impositions of the Personal and Real Property Tax Act, which shall be governed by the applicable provisions of §§ 5001 et seq. of Title 21.
History —Aug. 12, 1988, No. 170, § 4.1; Nov. 30, 1990, No. 18, § 16; Dec. 25, 1995, No 247, § 5; July 11, 1998, No. 135, § 4; Sept. 16, 2004, No. 331, § 1.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 75 - Uniform Administrative Procedure (§§ 2101 — 2201) › Subchapter IV - Judicial Review (§§ 2171 — 2177) › § 2173 - Review—Exhaustion of administrative remedies; waiver

The court may exempt a petitioner from having to exhaust any or all of the administrative remedies provided in case such remedy is inadequate or that requiring its exhaustion would cause irreparable harm to the petitioner and in the balance of interests it is not justified to exhaust such remedies, or when a substantive violation of constitutional rights is alleged, or when it is useless to exhaust the administrative remedies due to an excessive delay in the procedures, or when it is a clear case of lack of agency jurisdiction, or when it is a strictly legal matter and administrative expertise is unnecessary.
History —Aug. 12, 1988, No. 170, § 4.3, eff. 6 months after Aug. 12, 1988.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 75 - Uniform Administrative Procedure (§§ 2101 — 2201) › Subchapter IV - Judicial Review (§§ 2171 — 2177) › § 2174 - Review—Petition; requirements

The Supreme Court of Puerto Rico shall adopt rules to regulate the judicial review procedures, which shall foster easy, economic and effective access for the citizens, avoid recourse of review dismissals due to defects of form and notification, and allow effective appearances by the petitioners in their own right and in forma pauperis. In order to make effective appearances in their own right and in forma pauperis, the Supreme Court may adopt special procedures and simple forms.
History —Aug. 12, 1988, No. 170, § 4.4; Sept. 16, 2004, No. 331, § 1.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 75 - Uniform Administrative Procedure (§§ 2101 — 2201) › Subchapter IV - Judicial Review (§§ 2171 — 2177) › § 2175 - Review—Scope

The court may grant the appropriate remedy if it finds that the petitioner is entitled to a remedy.
The findings of fact of the decisions of the agencies shall be upheld by the court if they are based upon substantial evidence contained in the administrative files.
All aspects of conclusions of law shall be reviewable by the court.
History —Aug. 12, 1988, No. 170, § 4.5; Sept. 16, 2004, No. 331, § 1.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 75 - Uniform Administrative Procedure (§§ 2101 — 2201) › Subchapter IV - Judicial Review (§§ 2171 — 2177) › § 2176 - Review—Remedies

The Court of Appeals shall review the final decisions, orders and resolutions of administrative entities or agencies as a question of law. The mere filing of the recourse shall not stay the procedures of the administrative entity or agency, unless the court so determines.
The procedures to be followed for the petitions for review shall be as established in the regulations of the Court of Appeals approved by the Supreme Court.
It shall not be compulsory for the Commonwealth to appear before the Court of Appeals unless it is so ordered by the court.
The court may grant the requested remedy or any other remedy it deems appropriate, including extraordinary recourses, even if they are not requested, and may grant reasonable attorney fees, costs and expenses to any party that prevails in the judicial review.
History —Aug. 12, 1988, No. 170, § 4.6; Sept. 16, 2004, No. 331, § 1.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 75 - Uniform Administrative Procedure (§§ 2101 — 2201) › Subchapter IV - Judicial Review (§§ 2171 — 2177) › § 2177 - Review-Certiorari

Any party adversely affected by a judgment of the Court of Appeals may request a review thereof by filing a petition for a writ of certiorari before the Supreme Court within the jurisdictional term of thirty (30) days from the filing of the notice of entry of judgment of the Court of Appeals or of its ruling regarding a duly filed motion for reconsideration. If the filing date of the copy of the notice of entry of judgment or ruling differs from the mailing date of said notice, the term shall be calculated from the mailing date.
History —Aug. 12, 1988, No. 170, § 4.7; Aug. 5, 1989, No. 43, § 9; Dec. 25, 1995, No. 247, § 8; Sept. 16, 2004, No. 331, § 1; Dec. 15, 2013, No. 132, § 5, eff. 30 days after Nov. 15, 2013.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 75 - Uniform Administrative Procedure (§§ 2101 — 2201) › Subchapter V - Procedure for Granting Licenses, Franchises, Permits and Similar Actions (§§ 2181 — 2184) › § 2181 - Procedures

The agencies shall establish a speedy and efficient procedure for the issuing of licenses, franchises, permits, endorsements and any similar matters. They shall establish, by regulations, the standards for the handling of said documents and the term within which the process for considering the license, franchise, permit, endorsement and others will be completed. A term of thirty (30) days shall be established by directive to issue the approvals referred to in this section but the agencies may establish others which are briefer or longer, in the latter case.
History —Aug. 12, 1988, No. 170, § 5.1, eff. 6 months after Aug. 12, 1988.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 75 - Uniform Administrative Procedure (§§ 2101 — 2201) › Subchapter V - Procedure for Granting Licenses, Franchises, Permits and Similar Actions (§§ 2181 — 2184) › § 2182 - Joint approvals

The agencies may establish coordinated processing centers with the purpose of considering the applications for licenses, franchises, permits and other similar matters, jointly, so that the granting thereof may be carried out simultaneously with the participation of several agencies, through officials on whom the heads of the agencies concerned have delegated the power to grant the license, franchise, permit and similar authorizations.
History —Aug. 12, 1988, No. 170, § 5.2, eff. 6 months after Aug. 12, 1988.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 75 - Uniform Administrative Procedure (§§ 2101 — 2201) › Subchapter V - Procedure for Granting Licenses, Franchises, Permits and Similar Actions (§§ 2181 — 2184) › § 2183 - Regionalization of functions

The heads of agencies may delegate to those officials thereof who are located in regional offices whatever functions and authority may be necessary or convenient for the most efficient rendering of services to the citizens, including the granting of licenses, franchises, permits, endorsements, authorizations and similar matters. The coordinated processing centers referred to in § 2182 of this title may also be established in the agencies’ regional offices.
History —Aug. 12, 1988, No. 170, § 5.3, eff. 6 months after Aug. 12, 1988.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 75 - Uniform Administrative Procedure (§§ 2101 — 2201) › Subchapter V - Procedure for Granting Licenses, Franchises, Permits and Similar Actions (§§ 2181 — 2184) › § 2184 - Denial

Any person who has been denied the granting of a license, franchise, permit, endorsement, authorization, or similar matter shall have the right to question the agency’s determination through an adjudicatory process as established in the special law involved and in §§ 2151—2168 of this title.
History —Aug. 12, 1988, No. 170, § 5.4, eff. 6 months after Aug. 12, 1988.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 75 - Uniform Administrative Procedure (§§ 2101 — 2201) › Subchapter VI - Supervision, Inspection and Joint Activities (§§ 2191 — 2195) › § 2191 - Inspections

The agencies may carry out inspections to ensure compliance with the laws and regulations they administer and the resolutions, orders and authorizations they issue without a prior order for inspection and search, in the following cases:
(a) In case of emergencies or which affect the public health or safety;
(b) under the power of licensing, concession of franchises, permits or other similar matters;
(c) in cases in which the information is visually obtainable or merely by observation in public places.
History —Aug. 12, 1988, No. 170, § 6.1, eff. 6 months after Aug. 12, 1988.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 75 - Uniform Administrative Procedure (§§ 2101 — 2201) › Subchapter VI - Supervision, Inspection and Joint Activities (§§ 2191 — 2195) › § 2192 - Request for information

The agencies may require information from persons who are under their jurisdiction pursuant to the laws they administer and within the scope of the interests contemplated therein.
Any person who is requested to give information as authorized in this section may take exception to the agency’s request by means of an adjudicatory procedure as established in the special law in question, and in §§ 2151—2168 of this title. The exception may only be grounded on the fact that the requirement for information is unreasonable or exceeds the agency’s authority because it is not germane to the range of interest contemplated in the act or acts involved.
History —Aug. 12, 1988, No. 170, § 6.2, eff. 6 months after Aug. 12, 1988.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 75 - Uniform Administrative Procedure (§§ 2101 — 2201) › Subchapter VI - Supervision, Inspection and Joint Activities (§§ 2191 — 2195) › § 2193 - Self-incrimination

Any person who invokes his constitutional privilege against self-incrimination can be compelled to produce the information required by the agency, through a judicial order issued by the Court of First Instance, in which case the court shall order that said information cannot be used in any criminal procedure against the person who furnished the information.
History —Aug. 12, 1988, No. 170, § 6.3; Dec. 25, 1995, No. 247, § 7, eff. May 1, 1996.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 75 - Uniform Administrative Procedure (§§ 2101 — 2201) › Subchapter VI - Supervision, Inspection and Joint Activities (§§ 2191 — 2195) › § 2194 - Joint inspections and investigations

The agencies may perform joint inspections and investigations in order to extend and expedite their capacity to enforce compliance with the special laws for which they are responsible.
History —Aug. 12, 1988, No. 170, § 6.4, eff. 6 months after Aug. 12, 1988.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 75 - Uniform Administrative Procedure (§§ 2101 — 2201) › Subchapter VI - Supervision, Inspection and Joint Activities (§§ 2191 — 2195) › § 2195 - Complaints filed by agencies

The officials of any administrative agency may file a complaint in any other agency when they have seen a violation of any legal or regulatory provision administered by the other agency.
History —Aug. 12, 1988, No. 170, § 6.5, eff. 6 months after Aug. 12, 1988.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 75 - Uniform Administrative Procedure (§§ 2101 — 2201) › Subchapter VII - Administrative Penalties (§ 2201) › § 2201 - Administrative fines

Any violation of the laws administered by the agencies or the regulations issued thereunder shall be penalized by administrative fines which shall not exceed five thousand dollars ($5,000) for each violation.
In the event that the special law in question only provides criminal sanctions the head of the agency, at his option, may file an administrative complaint under this section to process the case administratively.
If the special law in question provides an administrative penalty which exceeds the one established in this section, the agency may impose the higher penalty.
History —Aug. 12, 1988, No. 170, § 7.1, eff. 6 months after Aug. 12, 1988.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 76 - Small Business Administrative and Regulatory Flexibility (§§ 2251 — 2262) › § 2251 - Definitions

For the purposes of this chapter, the following terms, phrases and words shall have the meaning and scope stated below:
(a) Agency. — Means any board, body, examining board, corporation, public corporation, committee, independent office, division, administration, bureau, department, authority, official, person, entity or any instrumentality of the Commonwealth of Puerto Rico or administrative body authorized by law to execute the functions to regulate, investigate or to issue a decision, or with the power to issue licenses, certificates, permits, concessions, accreditations, privileges, franchises and accuse or adjudicate, except:
(1) The Senate and the House of Representatives of the Legislature.
(2) The Judicial Branch.
(3) The Office of the Governor.
(4) The Puerto Rico National Guard.
(5) The municipal governments or their entities or corporations.
(6) The Conciliation and Arbitration Bureau of the Department of Labor and Human Resources.
(b) Regulation. — Means the procedure followed by an agency to formulate, adopt, amend, or repeal a rule or regulation of general application.
(c) Small organization. — Means any entity related to or that works with small businesses.
(d) Small business. — Means an entity of fifteen (15) employees or less.
(e) Regulations Review Panel. — Means the panel composed by fulltime employees of the concerned agency and the Small Businesses Ombudsman.
History —Dec. 28, 2000, No. 454, § 2, eff. 90 days after Dec. 28, 2000.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 76 - Small Business Administrative and Regulatory Flexibility (§§ 2251 — 2262) › § 2252 - Definition and scope of public policy

(a) Each agency shall, at its discretion, modify the financial penalties, for small businesses in whole or in part, when:
(1) The violation is corrected within a reasonable period of time. If correcting the violation takes more time than what is indicated, the agency may condone up to one hundred percent (100%) of the fine if the money to be paid is used to correct the violation.
(b) The provisions of subsection (a) of this section shall apply when the small business complies with the regulations and other requirements of the agency in good faith, and the violation does not constitute a criminal act, or a significant threat to health, safety, or the environment.
(c) Each agency shall submit an annual report to the Governor and to the Small Business Ombudsman with the agenda of the actions to be taken to comply with subsection (a) of this section.
(d) Each agency shall reduce the reports required from small businesses in content and frequency, that is to say, all quarterly information shall be done by semester, the semester information shall be done annually, etc., unless the same is of vital importance to protect the health, safety or the environment, or prevents the achievement of the programs of the agency.
(e) The agency shall remit a report to the Governor of Puerto Rico and to the Small Businesses Ombudsman on the plan of action to comply with subsection (d) of this section.
(f) This chapter shall not be construed in the sense of authorizing, expediting or protecting the operation of businesses in residential areas in violation of any applicable law or regulations.
History —Dec. 28, 2000, No. 454, § 3; Mar. 15, 2004, No. 81, § 1.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 76 - Small Business Administrative and Regulatory Flexibility (§§ 2251 — 2262) › § 2253 - Publication of regulations

Every agency shall publish in the Department of State and in the Office of the Small Business Ombudsman, the regulations that govern their jurisdiction and those expected to be established in the future, stating:
(1) A brief description of the topic of the regulation that the agency plans to propose or promulgate that shall probably have a significant financial impact on a substantial number of small businesses.
(2) A summary of the nature of each regulation under consideration for each topic listed in the agency pursuant to subsection (1) of this section, the objectives and legal grounds to issue the regulations, and a tentative program to complement the processing of any regulations that the agency has publicly notified.
(3) The name and telephone number of an official of the agency who is cognizant of the sections listed in subsection (1) of this section.
(4) The agenda to make the regulations flexible shall be remitted to the Small Businesses Ombudsman, for his/her comments, if any.
(5) The agency shall publish said agenda, for one (1) single day, in a newspaper of general circulation.
(6) Nothing that is stated in this section shall exempt any agency from considering or taking action on any matter not included in the agenda, or to require the agency to consider or take action on any matter listed in the agenda.
History —Dec. 28, 2000, No. 454, § 4, eff. 90 days after Dec. 28, 2000.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 76 - Small Business Administrative and Regulatory Flexibility (§§ 2251 — 2262) › § 2254 - Analysis of administrative flexibility

When an agency promulgates a regulation pursuant to §§ 2101 et seq. of this title, better known as the “Uniform Administrative Procedures Act”, and is required by said act or another law to publicly notify or promulgate an interpretative regulation, the agency shall prepare an analysis of administrative flexibility. Each analysis shall contain:
(a) A brief statement of the need and objectives of the regulation;
(b) a summary of the significant issues raised by public opinion in response to the initial regulatory flexibility analysis; a summary of the agency’s evaluation of those issues, and a statement of the changes in the regulations established as a result of the comments;
(c) a description and an estimated number of small entities, according to the definition of “small businesses” established in § 2251(d) of this title, to which the regulations shall apply, or in its defect, an explanation for the unavailability of said estimate;
(d) a description of the reports, bookkeeping and other requirements to comply with the regulations, including an estimate of the type of small entities that shall be subject to the requirements and the kind of technical skills needed for the preparation of the report or register, and
(e) a description of the measures taken by the agency to minimize the significant financial impacts on small businesses in accordance with the objectives of the applicable statutes including a statement of the legal and public policy reasons, based on facts, to reject the other alternatives that could affect them.
The agency shall make copies of the regulatory flexibility analysis, which shall be available to the public and published in the Register of Regulations of the Department of State.
History —Dec. 28, 2000, No. 454, § 5, eff. 90 days after Dec. 28, 2000.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 76 - Small Business Administrative and Regulatory Flexibility (§§ 2251 — 2262) › § 2255 - Duplicate or unnecessary analyses

Any government agency may prepare the analyses prescribed in this chapter together with other analyses prescribed in other laws, if they satisfy the provisions of said sections.
In order to avoid duplication of actions, some agencies may consider a series of similar regulations for the purposes of this chapter.
History —Dec. 28, 2000, No. 454, § 6, eff. 90 days after Dec. 28, 2000.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 76 - Small Business Administrative and Regulatory Flexibility (§§ 2251 — 2262) › § 2256 - Requirements

The requirements of §§ 2253 and 2254 of this title shall in no way alter the standards established by law regarding the actions of the agencies.
History —Dec. 28, 2000, No. 454, § 7, eff. 90 days after Dec. 28, 2000.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 76 - Small Business Administrative and Regulatory Flexibility (§§ 2251 — 2262) › § 2257 - Preparation of the analysis

For the preparation of the analysis, as established in this chapter, the agency shall provide a study of the financial effects of the proposed regulations on the regulated sector.
History —Dec. 28, 2000, No. 454, § 8, eff. 90 days after Dec. 28, 2000.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 76 - Small Business Administrative and Regulatory Flexibility (§§ 2251 — 2262) › § 2258 - Procedure to compile comments

(a) When a regulation that shall have a significant financial impact on a substantial number of small entities is to be promulgated, the Secretary, Head of Agency, Administrator or person with legal standing to conduct the process, shall ascertain that said entities are given the opportunity to state their comments and contribute in the drafting of the regulations, in compliance with §§ 2101 et seq. of this title, through the use of mechanisms such as:
(1) Including in the notice, the possibility of drafting regulations that shall affect a substantial number of small entities.
(2) The holding of public hearings on the proposed regulations and of the written comments received, including any type of electronic communication.
(3) The adoption or modification of the agencies’ regulations to make the participation of small entities less onerous.
(b) Before the publication of the regulatory flexibility analysis the concerned agency shall:
(1) Notify the Small Businesses Ombudsman on the intention and probable impact of promulgating of the regulations.
(2) No later than fifteen (15) days after receiving the notice in clause (1) of this subsection, the Ombudsman shall identify individuals representing the affected entities to receive counseling and comments on the possible impact of the proposed regulations.
(3) The agency shall convoke the Regulatory Review Panel.
(4) The Panel shall review all the material prepared with regard to this section, including the draft of the measure; receive advice and counsel from each individual representing the small entities chosen by the Ombudsman, on matters related to § 2253 of this title.
(5) No later than sixty (60) days after the date on which the Regulatory Review Panel is defined, it shall make a written report on the comments offered by the representatives of the small entities on the pertinent matters. Said documents shall be considered public.
History —Dec. 28, 2000, No. 454, § 9, eff. 90 days after Dec. 28, 2000.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 76 - Small Business Administrative and Regulatory Flexibility (§§ 2251 — 2262) › § 2259 - Periodic review of regulations

One hundred and eighty (180) days after this act takes effect, and within the following six (6) months, every agency shall publish a plan in the Register of Regulations of the Department of State, for the periodic review of the regulations that have been promulgated, and those that will be promulgated in the future by the agency and those that have or will have a significant financial impact on a substantial number of small entities.
The purpose of the periodic review shall be to determine if said regulations should continue without changes or should be amended or repealed, pursuant to their objectives, to minimize any significant financial impact on small businesses. The plan shall provide for the review of all the agencies’ regulations in effect prior to the effective date of this act.
The agency shall have the obligation to review the regulations after five (5) years from the approval of said regulations.
Any claim prior to the five (5) years may be reviewed pursuant to the provisions of §§ 2101 et seq. of this title.
If the Secretary, the Head of Agency, Administrator or the person with legal standing to carry out the process, determines that the review of the regulations cannot be completed by the stated date, he/she shall certify the same in a statement to be published in the Register of Regulations of the Department of State, and the Small Businesses Ombudsman shall determine if he/she will grant the extension of the period for a term not greater than one (1) year.
Pursuant to the objectives of the regulations to minimize any significant financial impact on a substantial number of small entities, in reviewing the regulations, the agency shall take into consideration the following factors:
(1) The continuous need for regulation;
(2) the nature of the complaints or comments received from the public;
(3) the complexity of the rule;
(4) the extent to which the regulations are linked, duplicated or converge with other Commonwealth or municipal rules, and
(5) period of time since the rule has been evaluated or the degree in which technology, financial conditions and other factors have changed in the area affected by the regulations.
The agencies shall annually publish in the Register of Regulations of the Department of States and in the Office of the Small Businesses Ombudsman, a list of the regulations that have a financial impact on the small entities to be evaluated, in compliance with a brief description of each regulation, the need, legal grounds, and an invitation to the public to make comments on the regulations in question.
History —Dec. 28, 2000, No. 454, § 10, eff. 90 days after Dec. 28, 2000.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 76 - Small Business Administrative and Regulatory Flexibility (§§ 2251 — 2262) › § 2260 - Judicial review

For each of the regulations subject to this chapter, a small enterprise adversely affected or impaired by an action of an agency, may resort to an appeal for review in the courts to evaluate the compliance of the agency with the requirements of §§ 2252 and 2253 of this title, and Sections 6(b) and 9(b). Compliance with §§ 2257 and 2259 must be judicially evaluated in connection to the judicial review stipulated in this section.
A small business may request judicial review for a period of up to one (1) year counting from the date of the final action of the agency, except when there is a provision of law that requires that any action to contest an action taken by an agency must be executed in less than one (1) year. This period shall apply for the review under this section.
In the case that an agency delays the statement of the final regulatory flexibility analysis pursuant to Section 9(b), a petition for judicial review shall be filed no later than:
(1) One (1) year after the date that the final analysis is available to the public.
(2) When there is a provision that limits the period to petition for judicial review to less than one (1) year, the number of days specified under said provision following the date in which the final analysis is made public.
To confer any remedy under this section, the court shall direct the agency to take corrective actions consistent with this chapter, including but not being limited to:
(1) Returning the regulations to the agency, and
(2) defer the sanctions of the regulations for small businesses unless the court determines that to continue with the sanctions would be in the public interest.
Nothing contained in this section shall be construed to limit the authority of any court to set the effective date of any regulations or provision thereof under any other remedy, in addition to the requirements of this section.
In a petition for judicial review, the regulatory flexibility analysis for said regulations, including an analysis prepared or corrected pursuant to the law, shall constitute part of the entire file of the action of the agency germane to said review.
The compliance or noncompliance of this chapter shall be subject to judicial review solely pursuant to the stipulations of this section.
Nothing stated in this section prevents the judicial review of other laws that require a similar analysis if the judicial review is permitted by law.
History —Dec. 28, 2000, No. 454, § 11, eff. 90 days after Dec. 28, 2000.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 76 - Small Business Administrative and Regulatory Flexibility (§§ 2251 — 2262) › § 2261 - Reports and intervention rights

The Small Businesses Ombudsman shall ensure compliance with this chapter by the agencies and shall submit an annual report, together with the report submitted by the Office of the Ombudsman, to the Governor, the Speaker and the President of the Legislative Bodies, itemizing the activities and expenses of the Office of the Small Businesses Ombudsman, no later than twenty (20) days after the beginning of the regular session.
Furthermore, he/she shall be allowed to participate as amicus curiae in cases filed for judicial review for any of these actions. The Ombudsman may present his/her point of view on compliance of the law, the adequacy of the procedure to draft the regulations, and the impact of the regulations on small entities.
The court may authorize the appearance of the Ombudsman in any judicial action described in the preceding paragraph.
History —Dec. 28, 2000, No. 454, § 12, eff. 90 days after Dec. 28, 2000.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 76 - Small Business Administrative and Regulatory Flexibility (§§ 2251 — 2262) › § 2262 - Small Businesses Ombudsman

(1) Except that it is otherwise provided by law, and through a written petition from any small business, the Ombudsman shall be empowered to:
(a) Represent and defend, if he/she deems it meritorious, any small business in the course of any adjudication procedure or of other adversative nature.
(2) The Ombudsman shall also:
(a) Support and negotiate any issue related to, and that promotes the interests of small businesses.
(b) Conduct investigations to obtain the information needed to administer any provision of this chapter.
(c) Be empowered to take any necessary measure to fulfill the purposes of this chapter.
History —Dec. 28, 2000, No. 454, § 13, eff. 90 days after Dec. 28, 2000.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 77 - Down Payment System for Government Purveyors of Goods and Service (§§ 2301 — 2305) › § 2301 - Definitions

For the purposes of this chapter, the following terms shall have the meanings set forth below:
(1) Agency. — Means every department, bureau, administration, board, commission, office or dependency of the Executive, Legislative or Judicial Branch whose operating expense budget is charged to the General Fund of the Commonwealth of Puerto Rico.
(2) Obligation. — Means the commitment contracted by an agency, which shall be evidenced by a purchase order, contract or any similar document signed by any authority qualified to encumber appropriations of funds, which remains unpaid and which may become an exigible debt.
(3) Payer. — Means the person authorized to make disbursements from the funds appropriated to the agencies. This term includes the official or employee designated as his authorized representative.
(4) Purveyor. — Means the natural or juridical person that has provided goods or services to an agency. This term also includes any government agency, instrumentality, public corporation or dependency which furnishes goods or services to another government agency.
(5) Secretary. — Means the Secretary of the Treasury of Puerto Rico. This term includes the official or employee designated as his authorized representative.
History —Dec. 8, 1989, No. 25 § 2.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 77 - Down Payment System for Government Purveyors of Goods and Service (§§ 2301 — 2305) › § 2302 - Responsibilities of the agencies

Every agency head shall submit to the Secretary or payer, as the case may be, all the documents required to make the payment to purveyors viable, in a term not to exceed twenty (20) working days counting from the date the commercial invoices and other documents attesting the obligation which are needed to process the payment are received. In cases of discounts for down payment, the heads of agencies or their authorized representatives shall take the necessary measures to submit the documents to the Secretary or payer as soon as possible, so that they may avail themselves of the discounts agreed upon.
For the purposes of availing themselves of the provisions of this chapter, it shall be the responsibility of purveyors to submit the documents and information required by the agencies to process the payments.
History —Dec. 8, 1989, No. 25, § 3.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 77 - Down Payment System for Government Purveyors of Goods and Service (§§ 2301 — 2305) › § 2303 - Responsibility of Secretary or payer

The Secretary or payer, as the case may be, shall pay the purveyors within a term that shall not exceed twenty (20) working days, counting from the date the documents submitted by the agencies are received, as provided in § 2302 of this title.
In cases of discounts for down payment, disbursements shall be made preferentially over any other payments to purveyors. However, the Secretary or payer shall not be exempted from the responsibility to make the other payments within the term established in this section.
None of what has been provided herein shall have the effect of preventing the agencies from extending the term established to make the payment upon agreement with their purveyors.
History —Dec. 8, 1989, No. 25, § 4.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 77 - Down Payment System for Government Purveyors of Goods and Service (§§ 2301 — 2305) › § 2304 - Procedure to request payment

Whenever a payment is not made within the term established in this chapter, the purveyor concerned may present a written demand for payment before the head of the agency to which goods or services have been provided, requesting payment within a term of ten (10) working days starting on the date such demand for payment is filed. The head of the agency or the employee or official designated as his authorized representative shall reply to said demand for payment in writing, and shall state if there is any question on the existence of the obligation, amount of payment, delivery of goods or rendering of services and the condition thereof, or any other fact which may have prevented the processing of the payment as established in this chapter. The agencies shall establish administrative rules and procedures for the informal solution of these controversies in a speedy, fair and thrifty manner.
If there is no controversy, the head of agency shall submit the necessary documents to the Secretary or payer to process the payment, within a term that shall not exceed five (5) working days counting from the date in which the demand for payment is filed. The Secretary or payer shall make the payment in a term that shall not exceed five (5) working days following the date of receipt of the documents that make the payment viable.
In cases where there is no controversy, noncompliance with the payment within the term of ten (10) working days provided in this section shall result in the imposition and payment of legal interest charges, from the date on which the demand for payment was filed. If the noncompliance within said term could be ascribed to the agency, it shall pay the interest charges. If said noncompliance could be ascribed to the Secretary, the interest shall be charged to the budget of the Department of Treasury. An annual appropriation shall be provided to the agencies to defray the expenses for interest that could be imposed by virtue of this chapter.
History —Dec. 8, 1989, No. 25, § 5.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 77 - Down Payment System for Government Purveyors of Goods and Service (§§ 2301 — 2305) › § 2305 - Regulations and procedures

The Secretary of the Treasury shall adopt the regulations that are needed to meet and enforce those provisions of this chapter of his/her concern. The heads of agencies shall, likewise, adopt the procedures or bylaws needed to comply with the provisions of this chapter, including the informal administrative procedure for the adjudication of controversies.
The Secretary of the Treasury shall ensure that the agencies whose funds are under his custody and control establish procedures for the transaction of payments in a coordinated and uniform way to meet the purposes of this chapter.
The regulations and procedures adopted by the Secretary and the agencies shall be effective by July 1, 1990.
History —Dec. 8, 1989, No. 25, § 6.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 78 - Assistance Programs for Employees and their Immediate Family Members (§§ 2311 — 2325) › § 2311 - Creation

The dependencies of the Commonwealth of Puerto Rico are hereby empowered to create Assistance Programs for Employees and their Immediate Family Members; to empower the Mental Health and Addiction Services Administration to establish, [to advise] executive agencies, municipal governments and private enterprises which thus request it, and to work jointly with other assistance programs for employees and their immediate family members existing at the time of the approval of this act. For the purposes of this chapter, the spouse and children under the age of twenty-one (21) who are dependants of the public official and live with him/her shall be deemed to be the employee’s immediate family members. To the extent that the fiscal resources of each government dependency allow, the intention of the scope of the concept immediate family member is hereby authorized be broadened through regulations.
History —Aug. 11, 2002, No. 167, § 1; Oct. 1, 2007, No. 140, § 1, retroactive to July 1, 2007.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 78 - Assistance Programs for Employees and their Immediate Family Members (§§ 2311 — 2325) › § 2312 - Coordination

Each government dependency or group of government dependencies shall coordinate with the Mental Health and Addiction Services Administration “ASSMCA” (Spanish acronym), the advice and help needed to establish and develop the Assistance Programs for Employees and their Immediate Family Members pursuant to the standards established therefor.
History —Aug. 11, 2002, No. 167, § 2; Oct. 1, 2007, No. 140, § 2, retroactive to July 1, 2007.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 78 - Assistance Programs for Employees and their Immediate Family Members (§§ 2311 — 2325) › § 2313 - Partnership

The Assistance Programs for Employees and their Immediate Family Members shall be established and payable by the budgets in effect of the agencies. In consideration of the costs, the agencies shall create consortia among various government dependencies to provide services through an assistance program for employees and their immediate family members to the employees of different dependencies.
History —Aug. 11, 2002, No. 167, § 3; Oct. 1, 2007, No. 140, § 3, retroactive to July 1, 2007.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 78 - Assistance Programs for Employees and their Immediate Family Members (§§ 2311 — 2325) › § 2314 - Contracting of private purveyors

Subject to the provisions of [this] chapter, the government dependencies shall establish internally an assistance program for employees and their immediate family members as a part of the dependency, or by contracting private purveyors. In both cases the Assistance Program for Employees and their Immediate Family Members shall be subject to this chapter, to the regulations approved thereunder by the Mental Health and Addiction Services Administration “ASSMCA” and to the Manual of Norms and Procedures so distributed.
In the case of the contracting of a private assistance program for employees and their immediate family members, the Mental Health and Addiction Services Administration “ASSMCA” shall have the responsibility of evaluating the same and certifying that the services providers meet all the requirements in effect in order to be contracted.
History —Aug. 11, 2002, No. 167, § 4; Oct. 1, 2007, No. 140, § 4, retroactive to July 1, 2007.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 78 - Assistance Programs for Employees and their Immediate Family Members (§§ 2311 — 2325) › § 2315 - Joint efforts

In those government dependencies where labor unions exist, the Assistance Program for Employees and their Immediate Family Members shall be developed as a joint effort of the agencies and the labor unions.
History —Aug. 11, 2002, No. 167, § 5; Oct. 1, 2007, No. 140, § 5, retroactive to July 1, 2007.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 78 - Assistance Programs for Employees and their Immediate Family Members (§§ 2311 — 2325) › § 2316 - Independent unit; professional specialists

The Assistance Program for Employees and their Immediate Family Members shall function as an independent unit. The same shall be attended by professional specialists in the human behavior field, psychiatrists, psychologists or social workers, who shall annually participate in fifteen (15) hours of training in a continuing education program which shall be coordinated between the Mental Health and Addiction Services Administration “ASSMCA” and the Human Capital Development Division.
History —Aug. 11, 2002, No. 167, § 6; Oct. 1, 2007, No. 140, § 6, retroactive to July 1, 2007.