2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART III - Economic Stabilization (§§ 701 — 1155) › Chapter 53 - Stabilization of Supplies (§§ 731 — 746) › § 744 - Injunctions; penal provisions; administrative penalties; licenses

(a) When in the judgment of the Administrator any person has committed or is about to commit any act or practice which constitutes a violation of any provision of §§ 731—745 of this title or of any regulation, resolution or order issued by the Administrator, the said Administrator may petition a competent court for an order enjoining such acts or practices, or for an injunction enforcing compliance with such provision, and upon showing by the Administrator that such person has committed or is about to commit such violation, the court shall issue, without bond, a temporary or permanent injunction, or a restraining order, according to the petition.
(b) Any person who violates any provision hereof or of any regulation, resolution or order issued by the Administrator pursuant to the provisions of said sections, and any person who files or makes a statement or report that is false in any fundamental respect in any document or report required of said person by the Administrator shall be guilty of a misdemeanor and upon conviction punished by a fine of not less than twenty-five dollars ($25) or more than one thousand dollars ($1,000), or by imprisonment for a term not shorter than ten (10) days or longer than one (1) year, or by both penalties, in the discretion of the court. Recidivists shall be punished by imprisonment for a term not shorter than thirty (30) days or longer than two (2) years, and, also, by a fine not less than one hundred dollars ($100) or more than ten thousand dollars ($10,000). In default of the fine a day of imprisonment for each dollar unpaid shall be imposed. Provided, however, That any person who violates any regulation, resolution or order issued by the Administrator relative to the cornering of any staple commodity shall be guilty of a felony and upon conviction punished by imprisonment for a term not shorter than six (6) months or longer than two (2) years, and, also, by a fine not less than one thousand dollars ($1,000) or more than ten thousand dollars ($10,000).
The Part of the Court of First Instance of Puerto Rico of the jurisdiction where took place the act or transaction constituting the violation of the regulation, resolution or order, whether a misdemeanor or a felony, shall take cognizance of the offense; Provided, That such persons convicted of the above-mentioned offenses may not avail themselves of the benefits of §§ 1026—1029 of Title 34, or of any other law providing for the suspension of sentences in criminal cases in Puerto Rico. No costs shall be assessed against the Government of Puerto Rico in any proceedings brought hereunder.
If a person charged with the violation of §§ 731—745 of this title or of any regulation, resolution or order issued by the Administrator alleges as defense the invalidity of said sections, regulation, resolution or order, the Section of the Court of First Instance of Puerto Rico taking cognizance of the proceeding shall go into the merits thereof and shall not postpone the hearing or decision on the case on the grounds that the validity of said sections, regulation, resolution or order is pending in any other civil or criminal cause brought under the provisions of said sections.
(c) In cases of violations of §§ 731—745 of this title or of any regulation, resolution or order issued by the Administrator, which are not cases of recidivism, the Administrator may impose administrative fines previous to instituting the proper proceeding before a court of justice, or after such proceeding is instituted, should the case be referred by the court to the Administrator for the corresponding administrative action, and to that effect, the Administrator is hereby authorized and empowered to fix and collect in such cases administrative fines; Provided, That each administrative fine shall not exceed one thousand dollars ($1,000) in any case of violation of maximum-price regulations, resolutions or orders. In cases of violations of minimum-price regulations, resolutions or orders, the fine shall not be less than the difference, under like delivery conditions, between the minimum price established and the cost of the commodity to the purchaser. Said fine shall be determined on the total units purchased and involved in the transaction that caused the violation. Provided, further, That the proceeds of such administrative fines shall be covered into the “Staple Commodities Fund — Trust Fund” created by said sections.
(d) When the Administrator determines after holding the hearing that an article or product has been sold in contravention to the fixed prices regulations, the Administrator, upon request of the consumer plaintiff, shall have the power to direct the defendant to pay the plaintiff an amount for damages. The amount to be awarded for damages shall be three times the difference between the price fixed by the Administrator, and the price for which the article or product was sold to the consumer, or one hundred dollars ($100), whichever is greater.
(e) Whenever in the judgment of the Administrator such action is necessary or proper in order to effectuate the purposes of §§ 731—745 of this title, and principally that of cheapening staple commodities for the inhabitants of Puerto Rico, and to secure compliance with any regulation, resolution or order issued under said sections, the said Administrator may require all persons subject to any regulation, resolution or order issued under said sections to obtain a license which shall be issued by the Administrator himself, as an indispensable prerequisite for such person to engage in the sale of, or in any phase of a business in connection with, any staple commodity to which such regulation, resolution or order may be applicable. Farmers who produce and market their own agricultural products shall be excluded from the provisions of this paragraph. No natural or artificial person may engage in said businesses without first obtaining such license, and all violations of this provision shall entail a fine additional to the fine imposed under subsection (c) of this section; not less than triple the total sum involved in the transaction enjoined. The Administrator shall not reject any application for a license save in the cases hereinafter enumerated. Licenses may be denied and suspended for the following reasons: (1) Violation of any price regulation, (2) violation of the resolutions or orders of the Administrator made pursuant to his lawful prerogatives, and (3) violation of any provision of §§ 731—745 of this title. Whenever in the judgment of the Administrator a person has violated any condition of the license, or has committed any of the acts entailing the suspension thereof, he may request in writing from the Court of First Instance of the place of the business that the license of said person be suspended by court order for a period of not more than six (6) months. Said petition shall be considered a complaint under which proceedings shall be brought conducive to the suspension of the license, which proceedings shall be closed within the ten (10) days following the filing of the petition. The court shall be under obligation to make within such period of time an order refusing or issuing the order sought. The order of the court to suspend the license shall be unappealable. In case the court issues an order refusing such suspension, the Administrator may, within the five (5) days following the order, take an appeal to the Supreme Court of Puerto Rico. For the duration of the suspension the Administrator may reject any application for a license filed by the person subject to the regulation, resolution or order; Provided, further, That the Administrator may exercise over the stocks of staple commodities belonging to the person subject to the order of suspension, the power of attachment vested in him by §§ 731—745 of this title.
History —May 12, 1942, No. 228, p. 1268, § 13; Apr. 29, 1946, No. 493, p. 1474, § 5; Dec. 31, 1946, No. 17, p. 124, § 6; Sept. 15, 1950, No. 31, p. 248; June 20, 1958, No. 59, p. 132, § 2; May 13, 1965, No. 8, p. 11, § 2; May 31, 1972, No. 70, p. 149; Sept. 3, 2003, No. 260, § 1.