reglab/statecodes huggingface dataset:
2023 Laws of Puerto Rico › TITLE TWENTY-FIVE - Internal Security (§§ 1 — 3356) › Subtitle 3 - Security Generally (§§ 3101 — 3356) › PART I - Protection and Surveillance (§§ 3101 — 3356) › Chapter 331B - Criminal Justice College (§§ 3351 — 3356) › § 3354 - Board of Directors—Faculties and duties

The Board shall have the following faculties and duties:
(a) The Board shall meet in regular sessions according to an annual calendar to be approved in the first session of each year. It may hold special meetings, after due summons by its Chairperson, motu proprio or at the request of a majority of its members.
(b) The agreements and resolutions of the Board shall be made by a majority quorum of the members present, but no agreement or resolution may be adopted without the affirmative vote of at least five (5) of its members.
(c) Approve and amend the General Regulations of the College, the Student Regulations and any other regulations or standards applicable to the College pursuant to the provisions of §§ 2101 et seq. of Title 3, as amended, known as the “Uniform Administrative Procedures Act of the Commonwealth of Puerto Rico”.
(d) Appoint the Chancellor and fix his/her salary. The Chancellor shall be a person fully knowledgeable in the fields of police science, criminal justice, sociology, academic administration and matters of general culture.
(e) Confer academic degrees to the students of the College on the recommendation of the President and the Chancellor.
(f) Create and grant academic honors on his/her own initiative or as proposed by the Chancellor or the President.
(g) Approve the cost of academic credit-hours, laboratories, workshops, tuition, readmission and graduation fees and any other charges for services offered by the College.
(h) Adopt bylaws.
(i) Organize its office, appoint its personnel and contract the services of experts, advisors and technicians needed to exercise the powers it has been granted in this chapter.
(j) Consider and approve the draft of the budget of the College submitted annually by the President and approve and maintain [its own] accounting system.
History —July 17, 1999, No. 155, § 5.
2023 Laws of Puerto Rico › TITLE TWENTY-FIVE - Internal Security (§§ 1 — 3356) › Subtitle 3 - Security Generally (§§ 3101 — 3356) › PART I - Protection and Surveillance (§§ 3101 — 3356) › Chapter 331B - Criminal Justice College (§§ 3351 — 3356) › § 3355 - President

The President of the College shall be the Police Superintendent, who at the same time shall be the chief executive officer of the institution. The Superintendent shall represent the College during all acts and in all contracts that must be executed and shall have, without it being construed as a limitation, the following duties and faculties:
(a) Ensure that the objectives, standards, regulations and budgetary and development plans of the College are complied with.
(b) Act as the official representative of the College.
(c) Prepare a development plan for the College for the consideration and approval of the Board.
(d) Submit to the Board a list of the candidates for graduation.
(e) Submit to the Board the regulations of general application and all other matters requiring its approval.
(f) Prepare the annual budgetary draft and submit the same to the Board for its consideration and approval. Once said draft has been approved, he/she shall submit the latter to the corresponding government entities and defend the same before the Legislature.
(g) Submit to the Board for its consideration and approval the appointments of the Chancellor, the deans and any other official requiring confirmation.
(h) Appoint and contract teaching and classified personnel.
(i) Invite guest speakers and provide any other resources deemed to be of benefit in order to meet the objectives of the College.
(j) Establish and maintain agreements with higher education institutions and study centers from Puerto Rico and abroad.
(k) Render an annual report to the Board, the Governor and the Legislature on all efforts undertaken on or before November 30 of each year. The annual report shall also include a financial statement audited by a firm of certified public accountants, a breakdown of the transactions conducted during the preceding fiscal year and a relation of all activities held since the date of the last annual report.
History —July 17, 1999, No. 155, § 6.
2023 Laws of Puerto Rico › TITLE TWENTY-FIVE - Internal Security (§§ 1 — 3356) › Subtitle 3 - Security Generally (§§ 3101 — 3356) › PART I - Protection and Surveillance (§§ 3101 — 3356) › Chapter 331B - Criminal Justice College (§§ 3351 — 3356) › § 3356 - Integration of fiscal and administrative functions

The Puerto Rico Criminal Justice College is hereby authorized to open a checking account in a banking institution, insured by the Federal Deposit Insurance Corporation. The Board of Directors shall determine the banking institution and the officers whose signatures shall be authorized for said account.
The President of the College shall be responsible for integrating the functions pertaining to planning, purchases and audits and the preparation and control of the budget for the College and all personnel-related matters. The structure to be established for such a purpose shall promote functional economies and operational efficiency.
The College is hereby exempted from complying with the provisions of §§ 931 et seq. of Title 3, known as the “General Services Administration Organic Act” in all matters concerning procurement procedures, subject to the development and implementation of the corresponding regulations and procedures.
The members of the Board of Directors appointed by the Governor are exempted from rendering reports to the Office of Governmental Ethics of Puerto Rico, pursuant to the provisions of §§ 1801 et seq. of Title 3.
History —July 17, 1999, No. 155, § 7; Sept. 2, 2000, No. 321, § 3.
2023 Laws of Puerto Rico › TITLE TWENTY-SIX - Insurance (§§ 101 — 10377) › Subtitle 1 - Insurance Generally (§§ 101 — 4513) › Chapter 1 - Scope of Insurance Code (§§ 101 — 117) › § 101 - Short title: Insurance Code of Puerto Rico

This title constitutes and may be cited as the Insurance Code of Puerto Rico.
History —Ins. Code § 1.010.
2023 Laws of Puerto Rico › TITLE TWENTY-SIX - Insurance (§§ 101 — 10377) › Subtitle 1 - Insurance Generally (§§ 101 — 4513) › Chapter 1 - Scope of Insurance Code (§§ 101 — 117) › § 102 - Insurance, defined

Insurance.— Is a contract whereby one undertakes to indemnify another, or to pay or provide a specified or ascertainable benefit upon determinable contingencies therein foreseen. The term insurance includes reinsurance.
History —Ins. Code § 1.020; May 31, 1973, No. 73, p. 328, § 1, retroactive to Jan. 1, 1973.
2023 Laws of Puerto Rico › TITLE TWENTY-SIX - Insurance (§§ 101 — 10377) › Subtitle 1 - Insurance Generally (§§ 101 — 4513) › Chapter 1 - Scope of Insurance Code (§§ 101 — 117) › § 103 - Insurer, defined

Insurer.— The person engaged in making insurance contracts as defined in § 105 of this title. Without limiting the generality of the previous definition, a reciprocal insurance exchange, benefit society, health service organization or any kind of group organized either for profit or nonprofit, engaged in the business of underwriting insurance contracts is an insurer.
History —Ins. Code § 1.030; May 31, 1973, No. 73, p. 328, § 2; Aug. 13, 2008, No. 263, § 1, eff. 3 months after Aug. 13, 2008.
2023 Laws of Puerto Rico › TITLE TWENTY-SIX - Insurance (§§ 101 — 10377) › Subtitle 1 - Insurance Generally (§§ 101 — 4513) › Chapter 1 - Scope of Insurance Code (§§ 101 — 117) › § 104 - Person, defined

Person. — Means any natural person, insurer, association, group, labor union, body, company, corporation, partnership, trade name, trust, juridical person or entity.
History —Ins. Code § 1.040; Aug. 13, 2008, No. 263, § 2, eff. 3 months after Aug. 13, 2008.
2023 Laws of Puerto Rico › TITLE TWENTY-SIX - Insurance (§§ 101 — 10377) › Subtitle 1 - Insurance Generally (§§ 101 — 4513) › Chapter 1 - Scope of Insurance Code (§§ 101 — 117) › § 105 - Contracting or transacting insurance

Contracting or transacting.— With respect to insurance includes any of the following:
(1) Solicitation and inducement.
(2) Negotiations preliminary to underwriting.
(3) Underwriting an insurance contract.
(4) Insure or reinsure.
(5) Transaction of matters subsequent to underwriting an insurance contract arising therefrom.
History —Ins. Code § 1.050; May 31, 1973, No. 73, p. 328, § 3; Aug. 13, 2008, No. 263, § 3, eff. 3 months after Aug. 13, 2008.
2023 Laws of Puerto Rico › TITLE TWENTY-SIX - Insurance (§§ 101 — 10377) › Subtitle 1 - Insurance Generally (§§ 101 — 4513) › Chapter 1 - Scope of Insurance Code (§§ 101 — 117) › § 106 - Compliance required

No person shall engage in the business of insurance in Puerto Rico, or relative to a subject of insurance resident, located, or to be performed in Puerto Rico, without complying with the applicable provisions of this title.
History —Ins. Code § 1.060.
2023 Laws of Puerto Rico › TITLE TWENTY-SIX - Insurance (§§ 101 — 10377) › Subtitle 1 - Insurance Generally (§§ 101 — 4513) › Chapter 1 - Scope of Insurance Code (§§ 101 — 117) › § 107 - Excluded organizations and entities

Without affecting the generality of the foregoing provisions, this title shall not cover or determine the existence of operations, contracts, officers, directors or representatives of any organization to the extent that its insurance operations are prescribed or permitted by any other law expressly enacted for the purpose, except the Commonwealth of Puerto Rico Employees’ Association Act, created by virtue of §§ 862 et seq. of Title 3, nor the Accelerated Financing Project, an entity created through the order of April 28, 1988, issued by the United States District Court, for the District of Puerto Rico in the case of Carlos Morales Feliciano, et al. v. Pedro Roselló González, et al., civil case No. 79A(PG), and as covered in Rule 220 of Title 34, App. II, or of any relief or mutual assistance nonprofit society or Association founded in Puerto Rico prior to April 11, 1899, and which at present has established, and maintains and operates any medical-surgical and hospital services plan in Puerto Rico for its dues paying members on a nonprofit basis. However, these excluded societies or associations which at present have established, and maintain and operate any hospital services plan in Puerto Rico, shall be bound to comply with §§ 47, 48, and 50 of Title 6, as heretofore or hereafter amended, and shall be bound to maintain the reserves required of the entities organized under §§ 41 et seq. of Title 6.
Provided, That in the case of the Commonwealth of Puerto Rico Employees’ Association, the Insurance Commissioner of the Commonwealth of Puerto Rico is hereby empowered to promulgate and carry out the regulatory provisions needed to inspect and supervise the insurance activities thereof. Said regulatory provisions shall take into consideration the special nature of the Association, pursuant to the provisions of §§ 862 et seq. of Title 3, and its insurance activities.
History —Ins. Code § 1.070; May 23, 1958, No. 20, p. 24; May 10, 1976, No. 32, p. 84, § 1; May 23, 1980, No. 50, p. 135, § 1; July 6, 1985, No. 76, p. 255, § 1; Jan. 8, 1994, No. 5, § 1; Aug. 11, 1996, No. 123, § 2.
2023 Laws of Puerto Rico › TITLE TWENTY-SIX - Insurance (§§ 101 — 10377) › Subtitle 1 - Insurance Generally (§§ 101 — 4513) › Chapter 1 - Scope of Insurance Code (§§ 101 — 117) › § 108 - Commissioner, defined

Commissioner.— Means the Commissioner of Insurance of the Commonwealth of Puerto Rico.
History —Ins. Code § 1.080.
2023 Laws of Puerto Rico › TITLE TWENTY-SIX - Insurance (§§ 101 — 10377) › Subtitle 1 - Insurance Generally (§§ 101 — 4513) › Chapter 1 - Scope of Insurance Code (§§ 101 — 117) › § 108a - Secretary, defined

Secretary.— Means the Secretary of the Treasury.
History —Ins. Code, added as § 1.081 on June 19, 1959, No. 64, p. 176, § 1; renumbered as § 1.090 in Aug. 13, 2008, No. 263, § 6, eff. 3 months after Aug. 13, 2008.
2023 Laws of Puerto Rico › TITLE TWENTY-SIX - Insurance (§§ 101 — 10377) › Subtitle 1 - Insurance Generally (§§ 101 — 4513) › Chapter 1 - Scope of Insurance Code (§§ 101 — 117) › § 113 - Office; definition

Office.— Means the Office of the Insurance Commissioner of the Commonwealth of Puerto Rico.
History —Ins. Code, added as § 1.100 on Aug. 13, 2008, No. 263, § 4, eff. 3 months after Aug. 13, 2008.
2023 Laws of Puerto Rico › TITLE TWENTY-SIX - Insurance (§§ 101 — 10377) › Subtitle 1 - Insurance Generally (§§ 101 — 4513) › Chapter 1 - Scope of Insurance Code (§§ 101 — 117) › § 114 - Exception

The definitions used in this Code shall have the meaning stated in their general sense. In those chapters where there are definitions other than those generally established, the definition contained therein shall prevail.
History —Ins. Code, added as § 1.110 on Aug. 13, 2008, No. 263, § 5, eff. 3 months after Aug. 13, 2008.
2023 Laws of Puerto Rico › TITLE TWENTY-SIX - Insurance (§§ 101 — 10377) › Subtitle 1 - Insurance Generally (§§ 101 — 4513) › Chapter 2A - Insurance Commissioner (2008) › § 233 - Creation of office

The office of Insurance Commissioner of the Commonwealth of Puerto Rico is hereby created. The Commissioner shall be appointed by the Governor with the advice and consent of the Senate and shall answer directly to the Governor.
History —Ins. Code, added as § 2.010 on Aug. 13, 2008, No. 263, § 7, eff. 3 months after Aug. 13, 2008.
2023 Laws of Puerto Rico › TITLE TWENTY-SIX - Insurance (§§ 101 — 10377) › Subtitle 1 - Insurance Generally (§§ 101 — 4513) › Chapter 2A - Insurance Commissioner (2008) › § 234 - Commissioner; salary

The Governor shall fix the salary of the Commissioner, taking into account the experience and skills required to an executive capable of regulating and supervising the financial activity of the extent, complexity and resources of the insurance industry.
History —Ins. Code, added as § 2.020 on Aug. 13, 2008, No. 263, § 7, eff. 3 months after Aug. 13, 2008.
2023 Laws of Puerto Rico › TITLE TWENTY-SIX - Insurance (§§ 101 — 10377) › Subtitle 1 - Insurance Generally (§§ 101 — 4513) › Chapter 2A - Insurance Commissioner (2008) › § 236 - Duties of the Commissioner

(1) The Commissioner shall keep the minutes and records of his/her proceedings, hearings, investigations or examinations, and shall file them in the Office.
(2) The Commissioner shall direct that, at the end of each fiscal year, an external audit of the funds of the Office shall be conducted. Not later than December 1 of each year, the Commissioner shall render to the Governor of the Commonwealth and the Legislature the report of the external auditors. A copy of such audit shall be available to the public.
(3) Not later than June 30th of the following calendar year, the Commissioner shall render an annual report to the Governor, and the Legislature through the latter. The report of the Commissioner shall include:
(a) An abridged statement of significant information obtained from the annual reports of the insurers filed in the Office.
(b) An analysis of the insurance underwritten in Puerto Rico during the preceding calendar year, obtained from the statistics available in the Office.
(c) A supporting statement of the insurers authorized to do insurance business in Puerto Rico during the preceding calendar year, including the address, date of authorization, kind of insurance underwritten, funds, deposits in benefit of policy holders in Puerto Rico, manner in which such funds have been invested, and any other information deemed pertinent by the Commissioner.
(d) Name of insurers that have closed down insurance operations in Puerto Rico and the reasons for such closing down, if known.
(e) Recommendations of the Commissioner with respect to any amendments to the insurance laws and issues affecting the Office.
(f) Any other matters and information that the Commissioner may deem pertinent and useful.
(4) The Commissioner shall prepare the operating expense budget of the Office and submit the same to the Office of Management and Budget, pursuant to the provisions of §§ 101 et seq. of Title 23, known as the “Organic Act of the Office of Management and Budget”.
(5) The Commissioner shall keep the Governor informed on the progress of the Office as to new initiatives, special projects, and important activities promoted and defrayed by him/her pursuant to the provisions of §§ 9–11 of Title 13, which creates the “Insurance Industry Supervision and Regulation Fund.
(6) The Insurance Commissioner shall have available in his/her webpage a copy of the rules, regulations, circular letters, and normative letters drafted by the Office of the Insurance Commissioner.
History —Ins. Code, added as § 2.040 on Aug. 13, 2008, No. 263, § 7, eff. 3 months after Aug. 13, 2008.
2023 Laws of Puerto Rico › TITLE TWENTY-SIX - Insurance (§§ 101 — 10377) › Subtitle 1 - Insurance Generally (§§ 101 — 4513) › Chapter 2A - Insurance Commissioner (2008) › § 237 - Office of Human Resources Administration

(1) The positions of Commissioner, Chief Deputy Commissioner, Aids, and Deputy Commissioners shall be included under trust personnel. Any person who, prior to holding any of the above mentioned trust positions, has been a regular employee in the career service, shall be entitled to be restored to a position equal or similar to that held at the time he/she was appointed to the trust position, as provided in Act No. 5 of October 14, 1975, as amended, known as the “Public Service Personnel Act”.
(2) The Office shall be deemed to be an individual administrator for the purposes of the above mentioned Public Service Personnel Act. Special competence and knowledge in subjects related to the industry regulated shall be observed in the classification and compensation plan of the technical personnel Office, and the Commissioner may designate the salaries that meet their professional qualifications, which may be different from those received by personnel at the same or similar level in other government agencies.
(3) The Commissioner, in consultation with the Public Insurance Area of the Department of the Treasury, may require that any assistant or employee post a bond as he/she may deem appropriate, but in no case such bond shall be of less than twenty-five thousand dollars ($25,000), as established § 283j of Title 3, part of the act known as the “Puerto Rico Government Accounting Act”. The cost of said bond shall be charged to the operating budget of the Office.
History —Ins. Code, added as § 2.050 on Aug. 13, 2008, No. 263, § 7, eff. 3 months after Aug. 13, 2008.
2023 Laws of Puerto Rico › TITLE TWENTY-SIX - Insurance (§§ 101 — 10377) › Subtitle 1 - Insurance Generally (§§ 101 — 4513) › Chapter 2A - Insurance Commissioner (2008) › § 238 - Interest to Commissioner and employees prohibited

(1) The Commissioner, Chief Deputy Commissioner, or any other deputy or employee shall not have, any direct or indirect, financial interest in any insurer or agency, or insurance transaction, except as policy holders or claimants under the policy. The public employees of the Office shall act as provided in §§ 1801 et seq. of Title 3, known as the “Ethics in Government Act of the Commonwealth of Puerto Rico” and any violation of the same shall be subject to its provisions.
(2) The Commissioner may hire or contract any competent insurance personnel inasmuch as there is no conflict of interests, as provided by the Ethics in Government Act of the Commonwealth of Puerto Rico.
(3) The Commissioner, when engaging in repeated conduct, may revoke the certificate of authority of any insurer or the license of any license holder pursuant to this Code, who knowingly, violates the provisions of this section. In any case and according to the particular circumstances, the Commissioner may impose any other applicable sanctions pursuant to the Code. No certificate of authority or license thus revoked may be restored, within one (1) year after such revocation.
History —Ins. Code, added as § 2.060 on Aug. 13, 2008, No. 263, § 7, eff. 3 months after Aug. 13, 2008.
2023 Laws of Puerto Rico › TITLE TWENTY-SIX - Insurance (§§ 101 — 10377) › Subtitle 1 - Insurance Generally (§§ 101 — 4513) › Chapter 2A - Insurance Commissioner (2008) › § 239 - Advisory Committee

(1) The Commissioner shall designate an Insurance Advisory Committee which shall be composed of five (5) members, to wit, one representative of the property insurance sector, one representative of the life insurance sector, one representative of the health insurance sector, and two representatives of the public interest. The members of the Advisory Committee shall be selected by the Commissioner, for the time he/she deems necessary.
(2) The members shall receive fifty dollar ($50) per diems for each meeting duly called and in no case shall they receive more than two thousand dollars ($2,000) per year.
(3) The Advisory Committee shall meet at the will of the Commissioner and shall give its advice and recommendations in those issues as the Commissioner may request.
(4) The Committee shall not have any administrative or directive powers whatsoever and its function shall be exclusively advisory in nature.
History —Ins. Code, added as § 2.070 on Aug. 13, 2008, No. 263, § 7, eff. 3 months after Aug. 13, 2008.
2023 Laws of Puerto Rico › TITLE TWENTY-SIX - Insurance (§§ 101 — 10377) › Subtitle 1 - Insurance Generally (§§ 101 — 4513) › Chapter 2A - Insurance Commissioner (2008) › § 240 - Seal and certificate

The seal of the Insurance Commissioner shall bear the coat-of arms of the Commonwealth of Puerto Rico in the center, surrounded by the following inscription: “Insurance Commissioner of the Commonwealth of Puerto Rico”.
[Every certificate or license that the Commissioner issues shall bear the seal of the Insurance Commissioner.]
History —Ins. Code, added as § 2.080 on Aug. 13, 2008, No. 263, § 7, eff. 3 months after Aug. 13, 2008.
2023 Laws of Puerto Rico › TITLE TWENTY-SIX - Insurance (§§ 101 — 10377) › Subtitle 1 - Insurance Generally (§§ 101 — 4513) › Chapter 2A - Insurance Commissioner (2008) › § 241 - Administration of the Office’s documents

(1) The insurance records and documents of the Commissioner shall be subject to public review, except as otherwise provided in this Code, and in the case of documents that, in the judgment of the Commissioner, it is necessary and desirable to refuse their disclosure for a certain period in benefit of the community or a particular insurer. The Commissioner may, also, refuse to publicly disclose a document when:
(a) The information requested is protected by any evidentiary privilege.
(b) The disclosure of the information requested could harm the fundamental rights of third parties.
(c) It is information collected in the course of an investigation or examination that has not concluded.
(d) The information requested is classified as confidential by a law or regulation.
(2) Subject to the provisions of §§ 1001 et seq. of Title 3, known as the “Puerto Rico Public Document Administration Act”, any records, papers and documents under the custody of the Commissioner may be disposed of, however, no record, paper, or document that has been filed for less than five (5) years or those that have been made, received or filed during his/her administration shall be destroyed.
(3) The Commissioner may photocopy or reproduce whether physically, electronically or by any other means which exactly reproduces the original, any document, record, financial statement, business report, examination report and any other records or documents filed in the Office.
(4) The Commissioner shall keep an official record of each administrative procedure conducted, pursuant to the provisions of the Uniform Administrative Procedure Act.
History —Ins. Code, added as § 2.090 on Aug. 13, 2008, No. 263, § 7, eff. 3 months after Aug. 13, 2008.
2023 Laws of Puerto Rico › TITLE TWENTY-SIX - Insurance (§§ 101 — 10377) › Subtitle 1 - Insurance Generally (§§ 101 — 4513) › Chapter 2A - Insurance Commissioner (2008) › § 242 - Orders and notices

(1) In exercising the powers and authorities delegated upon the Commissioner under this Code, the Commissioner shall issue any orders that he/she deems pertinent. The order thus issued shall contain:
(a) The identification of the person to whom it is addressed.
(b) The facts constituting the imputed violation, if such is the case, stating the provisions of the Code, laws or regulations under which action has been taken.
(c) The purpose and basis upon which it is based.
(d) The date in which such order shall take effect.
(2) The order may contain a fine or sanction proposal, if applies.
(3) The order shall be issued in writing and signed by the Commissioner or the official upon whom such function is delegated by virtue of his/her authority.
(4) The order shall be notified to the affected party in person or by mail. In the event it is necessary and convenient, the Commissioner may issue the notice of the order in advance by email or fax in addition to the mechanisms established above.
History —Ins. Code, added as § 2.100 on Aug. 13, 2008, No. 263, § 7, eff. 3 months after Aug. 13, 2008.
2023 Laws of Puerto Rico › TITLE TWENTY-SIX - Insurance (§§ 101 — 10377) › Subtitle 1 - Insurance Generally (§§ 101 — 4513) › Chapter 2A - Insurance Commissioner (2008) › § 243 - Investigation or examination of insurers

(1) The Commissioner shall investigate or examine the operations, transactions, accounts, records, documents, and capital of every authorized insurer.
(2) The Commissioner shall examine every insurer at least once every five (5) years.
(3) The investigation or examination of foreign insurers may circumscribe to their insurance operations in Puerto Rico. The Commissioner may, in his/her discretion, accept the full report of a similar investigation or examination conducted by the insurance regulating official of a state or country, under the laws thereof, in lieu of conducting an investigation or examination of this kind to a foreign insurer.
(4) If in the course of an investigation or examination, the Commissioner finds that the accounts are unduly kept or transferred or are not adequate, he/she may resort to experts in order to readjust, transfer or balancing the same chargeable to the person under investigation or examination, if such person has failed to complete or correct such accounting after the Commissioner has given him/her notice and the opportunity to do so.
(5) If the Commissioner deems it necessary to assess any real or personal property involved in any of such investigations or examinations, he/she may hire competent appraisers to such purposes.
History —Ins. Code, added as § 2.110 on Aug. 13, 2008, No. 263, § 7, eff. 3 months after Aug. 13, 2008.
2023 Laws of Puerto Rico › TITLE TWENTY-SIX - Insurance (§§ 101 — 10377) › Subtitle 1 - Insurance Generally (§§ 101 — 4513) › Chapter 2A - Insurance Commissioner (2008) › § 244 - Other investigations and examinations

The Commissioner may, for the purpose of determining compliance with this Code, investigate or examine the accounts, records, documents, businesses, and operations related to the insurance business of:
(1) Any person who has an authorization, license or permit duly issued by the Office to conduct insurance business.
(2) Any person who has an administration contract with an insurer.
(3) Any person who holds capital stock or policy holder proxies of a domestic insurer for the purpose of having control over its administration, whether as voter trustee or otherwise.
(4) Any person in Puerto Rico who is engaged or attempts to be engaged in or helps in the promotion, formation or financing of an insurer or corporation that holds or is the majority shareholder thereof.
(5) Any person or entity that has or has had an insurance business and those commercial entities or companies that have a business relation therewith.
History —Ins. Code, added as § 2.120 on Aug. 13, 2008, No. 263, § 7, eff. 3 months after Aug. 13, 2008.
2023 Laws of Puerto Rico › TITLE TWENTY-SIX - Insurance (§§ 101 — 10377) › Subtitle 1 - Insurance Generally (§§ 101 — 4513) › Chapter 2A - Insurance Commissioner (2008) › § 245 - Access to documents

(1) Any person being under investigation or examined, its officials, employees and representatives shall produce and make freely accessible to the Commissioner or his/her investigators or examiners the accounts, records, documents, files, assets; and any other issue in his/her power or control regarding the subject matter of the investigation or examination and shall otherwise facilitate the examination.
(2) Any person who hinders, helps or assists in hindering, delaying, or interfering the investigation may be sanctioned by a fine which shall not be less than five hundred dollars ($500) nor more than ten thousand dollars ($10,000) and shall be subject to contempt as provided in § 248 of this title.
History —Ins. Code, added as § 2.130 on Aug. 13, 2008, No. 263, § 7, eff. 3 months after Aug. 13, 2008.
2023 Laws of Puerto Rico › TITLE TWENTY-SIX - Insurance (§§ 101 — 10377) › Subtitle 1 - Insurance Generally (§§ 101 — 4513) › Chapter 2A - Insurance Commissioner (2008) › § 246 - Examination report

(1) The Commissioner shall make a full written report of every examination conducted.
(2) The Commissioner shall send a copy of the report to the person examined, not less than twenty (20) days prior to the filing of the report for public inspection in the Office. Upon the written request of such person within the twenty (20) day period he/she may submit any objections to the report. The Commissioner shall hold a meeting to consider the objections to such report. If after holding the meeting, the examined person still has objections to the report, he/she may request the Commissioner to hold a hearing for the consideration thereof. The filing of the report for public inspection shall be postponed until the controversy is definitively settled.
(3) Once it is filed for public inspection, the report shall be admissible as evidence in any action or proceeding initiated by the Commissioner against the examined person or his/her officials or representatives; except that the Commissioner or his/her examiners may, at any time, testify and offer other proper evidence as to information secured during the course of an examination, regardless of the fact that a written report of the examination has been either furnished or filed in his/her office at that time.
(4) The Commissioner may withhold any report from public inspection for the reasons stated in § 241 of this title.
History —Ins. Code, added as § 2.140 on Aug. 13, 2008, No. 263, § 7, eff. 3 months after Aug. 13, 2008.
2023 Laws of Puerto Rico › TITLE TWENTY-SIX - Insurance (§§ 101 — 10377) › Subtitle 1 - Insurance Generally (§§ 101 — 4513) › Chapter 2A - Insurance Commissioner (2008) › § 247 - Cease and desist order

(1) If the Commissioner, upon previous notice and hearing, determines that a person is engaged or has been engaged in carrying out actions or practices prohibited by this Code, may, in addition to any other authorized remedy or penalty, issue an order so that the person ceases and desists from carrying out the actions or practices thus prohibited.
(2) If the Commissioner believes that a person who is engaged in the insurance business in Puerto Rico is employing any competition method or any act or practice in the administration of his/her business other than those defined under this Code, and such competition method is unfair or such act or practice is unfair or deceitful, and that any provision thereof would be of public interest, the Commissioner after reaching a determination through a hearing, shall order said person to desist from such acts or practices.
(3) The Commissioner may issue a provisional cease and desist order, without previously holding a hearing, in the event of a situation that is causing or may cause imminent harm to the public health, safety or wellbeing or that requires immediate action by the Office. Said order shall state a brief statement of the public policy that justifies the actions of the Office. The Commissioner shall notify, in the manner that he/she deems more convenient, the persons compelled to comply with such order. The Commissioner shall hold a hearing within ten (10) days following the issue of the provisional order, in order to determine whether the same shall become permanent or is rendered ineffective.
History —Ins. Code, added as § 2.150 on Aug. 13, 2008, No. 263, § 7, eff. 3 months after Aug. 13, 2008.
2023 Laws of Puerto Rico › TITLE TWENTY-SIX - Insurance (§§ 101 — 10377) › Subtitle 1 - Insurance Generally (§§ 101 — 4513) › Chapter 2A - Insurance Commissioner (2008) › § 248 - Contempt proceedings

(1) The Commissioner may require the production of documents, take statements, subpoena witnesses and furnish evidence under penalty of contempt, take oaths, and examine under oath any person with respect to any matter or issue under investigation or examination.
(2) Any subpoena issued by the Commissioner under penalty of contempt shall have the same force and effect and shall be served as if it would have been issued by any Part of the Court of First Instance.
(3) If any person fails to obey a subpoena issued by the Commissioner under penalty of contempt, or obeys the subpoena but refuses to furnish the documents requested or testify when required concerning any matter under examination or investigation or the subject of the hearing, the Commissioner shall file a written report of such fact, together with proof of the subpoena and service thereof before the Court of First Instance. The court shall forthwith cause the individual to be brought before it and may punish him/her as if the failure or refusal would have been related to a subpoena from or testimony in that court.
History —Ins. Code, added as § 2.160 on Aug. 13, 2008, No. 263, § 7, eff. 3 months after Aug. 13, 2008.
2023 Laws of Puerto Rico › TITLE TWENTY-SIX - Insurance (§§ 101 — 10377) › Subtitle 1 - Insurance Generally (§§ 101 — 4513) › Chapter 2A - Insurance Commissioner (2008) › § 249 - Testimony compelled

No person shall be excused from attending and testifying or producing evidence upon any examination, hearing, or investigation conducted by or under authority of the Commissioner, on the ground that his/her testimony or the evidence required of him/her may tend to incriminate him/her or subject him/her to a penalty or forfeiture. Unless such person in writing expressly waives such privilege or immunity, he/she shall not be prosecuted or punished in any criminal action or proceeding as a result of any act, transaction, matter or thing concerning which he/she is so compelled to produce evidence or to testify under oath, except for perjury committed in such testimony; but such immunity shall not bar the suspension or revocation of any certificate of authority or license held by such person under this Code.
History —Ins. Code, added as § 2.170 on Aug. 13, 2008, No. 263, § 7, eff. 3 months after Aug. 13, 2008.
2023 Laws of Puerto Rico › TITLE TWENTY-SIX - Insurance (§§ 101 — 10377) › Subtitle 1 - Insurance Generally (§§ 101 — 4513) › Chapter 2A - Insurance Commissioner (2008) › § 250 - Alternative dispute resolution process

(1) Any alternative dispute resolution process, including mediation, shall be an alternative to settle disputes that arise from an investigation or before the consideration of the Commissioner.
(2) The Commissioner shall determine which disputes, issues, or conflicts are eligible for an alternative dispute resolution process.
(3) These processes shall be governed by the regulations promulgated by the Commissioner to such effects.
History —Ins. Code, added as § 2.180 on Aug. 13, 2008, No. 263, § 7, eff. 3 months after Aug. 13, 2008.
2023 Laws of Puerto Rico › TITLE TWENTY-SIX - Insurance (§§ 101 — 10377) › Subtitle 1 - Insurance Generally (§§ 101 — 4513) › Chapter 2A - Insurance Commissioner (2008) › § 251 - Hearings

(1) The Commissioner shall hold the following administrative adjudication hearings:
(a) Hearings required by any provision of this Code or any other law.
(b) Hearings deemed necessary by the Commissioner for such purposes are within the scope of this Code.
(c) Hearings requested by any person aggrieved by any act, report, promulgation, regulation, or order of the Commissioner.
The holding of an administrative adjudication hearing shall not be necessary when the Commissioner determines, upon request of any of the parties, to issue a summary resolution as provided in § 254 of this title.
(2) All requests for a hearing shall be in writing, expressly specify in what respects the person requesting it is aggrieved and the grounds of or provision of law to be relied upon as the basis for his/her request. The Commissioner shall hold such hearing so requested, within sixty (60) days after the receipt of the request.
History —Ins. Code, added as § 2.190 on Aug. 13, 2008, No. 263, § 7, eff. 3 months after Aug. 13, 2008.
2023 Laws of Puerto Rico › TITLE TWENTY-SIX - Insurance (§§ 101 — 10377) › Subtitle 1 - Insurance Generally (§§ 101 — 4513) › Chapter 2A - Insurance Commissioner (2008) › § 252 - Notice and hearing procedure

Except as otherwise provided in this Code, the adjudication procedure may be initiated upon request of the Commissioner or the filing of a request in writing by the aggrieved party as provided in § 251 of this title.
The notice of the hearing shall be issued and the hearing proceeding shall be held pursuant to the provisions of the Uniform Administrative Procedure Act.
History —Ins. Code, added as § 2.200 on Aug. 13, 2008, No. 263, § 7, eff. 3 months after Aug. 13, 2008.
2023 Laws of Puerto Rico › TITLE TWENTY-SIX - Insurance (§§ 101 — 10377) › Subtitle 1 - Insurance Generally (§§ 101 — 4513) › Chapter 2A - Insurance Commissioner (2008) › § 253 - Prehearing conference

If the Commissioner determines that it is necessary to hold an administrative adjudication hearing, he/she may summon all parties or their authorized representatives and interveners, whether on their own or upon request by any of the parties, to a prehearing conference for the purpose of achieving a definite agreement or simplify the issues in dispute or the proof to be considered during the hearing. Agreements between the parties to settle disputes may be accepted, insofar as the Commissioner determines it would best serve the public interest.
History —Ins. Code, added as § 2.210 on Aug. 13, 2008, No. 263, § 7, eff. 3 months after Aug. 13, 2008.
2023 Laws of Puerto Rico › TITLE TWENTY-SIX - Insurance (§§ 101 — 10377) › Subtitle 1 - Insurance Generally (§§ 101 — 4513) › Chapter 2A - Insurance Commissioner (2008) › § 254 - Resolution or order

(1) A final order or resolution shall be issued by the Commissioner after the conclusion of adjudication procedure. The Commissioner or any other official onto whom he/she delegates, shall sign the order or resolution, which shall include and state separately the findings of fact, if not waived, and the conclusions of law. The order or resolution shall state the right to request reconsideration before the Office of the Commissioner or to file a writ for review before the Court of Appeals stating the corresponding terms. The notice and the filing of the order or resolution in the record of the case shall be carried out pursuant to the provisions of the Uniform Administrative Procedure Act.
(2) The Commissioner may issue a summary resolution settling, in whole or in part, the controversies, provided that he/she determines that in light of the documents before his/her consideration, there is no real conflict as to the material facts and that only conflicts of law are to be adjudicated. In the event that a decision summarily rendered settles any and all disputes before the consideration of the Commissioner, the holding of a hearing shall not be necessary. Any party adversely affected by the decision so rendered shall be duly notified on the same, and shall exercise his/her right to request judicial review as provided in the Uniform Administrative Procedure Act.
History —Ins. Code, added as § 2.220 on Aug. 13, 2008, No. 263, § 7, eff. 3 months after Aug. 13, 2008.
2023 Laws of Puerto Rico › TITLE TWENTY-SIX - Insurance (§§ 101 — 10377) › Subtitle 1 - Insurance Generally (§§ 101 — 4513) › Chapter 2A - Insurance Commissioner (2008) › § 255 - Compliance

If the Commissioner have cause to believe that any person violates or attempts to violate any provision of this Code or order lawfully issued by him/her, the Commissioner shall, in his/her discretion, certify the facts of such violation to the Secretary of Justice to require compliance by judicial means or initiate action by administrative means.
The legal representation of the Commissioner in these cases shall be through the Secretary of Justice. Upon previous agreement between the Secretary of Justice and the Commissioner, the Legal Division of the latter may intervene in the legal representation mentioned in this section.
History —Ins. Code, added as § 2.230 on Aug. 13, 2008, No. 263, § 7, eff. 3 months after Aug. 13, 2008.
2023 Laws of Puerto Rico › TITLE TWENTY-SIX - Insurance (§§ 101 — 10377) › Subtitle 1 - Insurance Generally (§§ 101 — 4513) › Chapter 2A - Insurance Commissioner (2008) › § 256 - Contribution of funds

(1) The necessary funds to defray regular operating expenses of the Office of the Commissioner shall originate from the annual fees that, pursuant to § 701 of this title, are to be made by the persons engaged in transacting or contracting insurance under any certificate of authority, license, certificate of eligibility or permit issued by the Commissioner pursuant to this chapter or any special law.
(2) The persons or entities that make the annual fees established in § 701(1) of this title or through regulations shall not be bound to defray expenses relative to examinations or fees established in this chapter or by regulations. The scope of the above mentioned exemption does not include taxes on premiums, administrative fines, and fees established in § 701(2)(f) of this title, the payment for publications sold by the Commissioner, the cost of the appraisal of a real or personal property involved in any investigation or examination made by a competent appraiser or the costs of an expert hired pursuant to § 243(4) of this title.
(3) Foreign insurers who pay the annual fees established in § 701 of this title may deduct the sum thereof from the taxes on premiums that they are required to pay pursuant to § 702 of this title during the year such fees are paid.
(4) The Commissioner, through regulations to such effect, may increase at five (5) year intervals, to be counted as of the effective date of this chapter, the fees established in § 701 of this title, provided that the budgetary needs of the Office so justify. However, the fee increase rate shall not exceed the average annual inflation rate published by the Department of Labor and Human Resources during said five (5) year period.
History —Ins. Code, added as § 2.240 on Aug. 13, 2008, No. 263, § 7, eff. 3 months after Aug. 13, 2008.
2023 Laws of Puerto Rico › TITLE TWENTY-SIX - Insurance (§§ 101 — 10377) › Subtitle 1 - Insurance Generally (§§ 101 — 4513) › Chapter 2A - Insurance Commissioner (2008) › § 257 - Penalties

Those violations to the provisions of this Code and the rules and regulations promulgated thereunder for which a penalty has not been established in this Code, shall be subject to an administrative fine of not less than five hundred dollars ($500) or more than ten thousand dollars ($10,000) for each violation.
History —Ins. Code, added as § 2.250 on Aug. 13, 2008, No. 263, § 7, eff. 3 months after Aug. 13, 2008.
2023 Laws of Puerto Rico › TITLE TWENTY-SIX - Insurance (§§ 101 — 10377) › Subtitle 1 - Insurance Generally (§§ 101 — 4513) › Chapter 3 - Authorization of Insurers and General Requirements (§§ 301 — 335) › § 301 - Definitions

For purposes of this chapter, the following terms shall have the meaning stated below, except where the context clearly indicates otherwise.
(1) Domestic insurer.— Is one constituted under the laws of Puerto Rico.
(2) Foreign insurer.— Is one constituted under the laws of any state or country other than Puerto Rico.
(3) Administration.— Means the Puerto Rico Health Insurance Administration (ASES, Spanish acronym), as established pursuant to §§ 7001 et seq. of Title 24.
(4) Department of Health.— Means the Department of Health of the Government of Puerto Rico, as established pursuant to §§ 171 et seq. of Title 3.
(5) State.— Means any state of the United States of America, the District of Columbia, and the territories, except as otherwise intended by the context.
(6) United States.— Means the United States of America, and when used to mean a place, it should also include the District of Columbia and the territories.
(7) Subcontractor.— Means the party legally or contractually responsible for rendering services under the Medical Assistance Program in Puerto Rico.
(8) Third party.— Means an administrator, a health care payer, a pharmacy benefit manager, or a health services organization, as defined in § 7002 of Title 24.
History —Ins. Code § 3.010; Dec. 21, 2010, No. 210, § 1, eff. 90 days after Dec. 21, 2010.
2023 Laws of Puerto Rico › TITLE TWENTY-SIX - Insurance (§§ 101 — 10377) › Subtitle 1 - Insurance Generally (§§ 101 — 4513) › Chapter 3 - Authorization of Insurers and General Requirements (§§ 301 — 335) › § 303 - Authority to transact insurance required

(1) No person shall act as an insurer and no insurer shall transact insurance in Puerto Rico except as authorized by a subsisting authority granted to it by the Commissioner, except as to such transactions as are expressly otherwise provided for in this title.
(2) No such authority shall be required for an insurer, formerly so authorized, to enable it to investigate and settle losses under its policies lawfully written in Puerto Rico, or to liquidate such assets and liabilities of the insurer (other than collection of new premiums) as may have resulted from its former authorized operations in Puerto Rico.
(3) An insurer not transacting new insurance business in Puerto Rico, but continuing collection of premiums on and servicing of policies remaining in force as to residents of or risks located in Puerto Rico, is transacting insurance in Puerto Rico for the purpose of premium tax requirements only and is not required to hold a certificate of authority therefor.
(4) As to an insurance coverage on a subject of insurance not resident, located, or expressly to be performed in Puerto Rico at time of insurance, and solicited, written, and delivered outside Puerto Rico, no such authority shall be required of an insurer as to subsequent transactions in Puerto Rico on account thereof.
History —Ins. Code § 3.030, renumbered as § 3.020 on Dec. 21, 2010, No. 210, § 2, eff. 90 days after Dec. 21, 2010.