2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 17 - Industrial Home-Based Work (§§ 371 — 402) › § 376 - Industrial home-based work regulated—Orders of Department; hearing, effective date, review

(a) Before making such order, the Department shall hold a public hearing or hearings at which an opportunity to be heard shall be afforded to any employer or representative of employers, and to any [home-based worker] or representative of [home-based workers], and to any other person or persons having an interest in the subject matter of the hearing. A public notice of such hearing shall be given in such manner as may be fixed by the Department. Such notice shall be given at least thirty (30) days before the hearing is held. Such hearing or hearings shall be held in such place or places as the Department deems most convenient to employers and [home-based workers] affected by the order to which §§ 371—392 of this title refer.
(b) The Department shall determine the effective date of such order, and such order shall not take effect until at least one hundred and twenty (120) days after the date of the promulgation thereof. The order shall specify clearly and concisely the deficiencies found or the condition required to be corrected; shall state the changes, alterations, or measures that the Department directs to be carried out; the term within which the situation found shall be corrected, and any other suggestion considered pertinent to insure the effectiveness of such measures. If the order be of a prohibitive character, it shall, after granting the employer ample opportunity to make the changes and improvements required, set forth the type or types of manufacturing which are prohibited after its effective date.
(c) The findings or orders made by the Department of Labor and Human Resources requiring employers to make any changes in the conditions of industrial [home-based work], or prohibiting the furnishing of articles or materials for industrial [home-based work] within this Commonwealth by any employer or contractor, as provided hereunder, may be reviewed through a writ of certiorari in all cases where questions of law are involved, by the Court of First Instance where the aggrieved party resides, in the following manner: The aggrieved party may file with the Court of First Instance at any time within thirty (30) days after service of any finding or order made by the Department of Labor and Human Resources, a petition for the review by said Court of First Instance of the decision or order made by the Department of Labor and Human Resources in connection with changes in the conditions of industrial [home-based work] or the prohibition made, setting forth the reasons for requesting such review, and the Secretary of Labor and Human Resources shall be required to appear through his attorney to answer said petition within the term of ten (10) days. The court shall give preference to these cases over all other cases included in its calendar and shall make a final finding thereon in accordance with the rules that such court may have prescribed.
History —May 15, 1939, No. 163, p. 812, § 6, eff. 90 days after May 15, 1939.