2023 Laws of Puerto Rico › TITLE ONE - The Commonwealth (§§ 1 — 5289) › Chapter 42 - Commonwealth of Puerto Rico Persons with Disabilities Advocacy Office Act (§§ 811 — 851) › Subchapter IV - Transitory Measures (§§ 841 — 848) › § 844 - Transitory provisions

(a) The Ombudsman for Persons with Disabilities shall prepare and make available to the Director’s Council, within a term that shall not exceed thirty (30) calendar days after the constitution of the Transition Committee, a transition report which shall include, among other things, the following:
(1) a report of the status of the cases pending before the agency;
(2) a report of the status of any case to which it is a party before any state or federal court, as well as any administrative forum;
(3) a report of the status of administrative transactions;
(4) an account statement including the balance of the agency’s accounts and the balance of the budget appropriated for the current fiscal year;
(5) an inventory of the real and personal property, resources, materials, and equipment of the agency;
(6) a copy of the last reports filed as required by the different Government Branches;
(7) a report of the personnel of the agency including positions, whether filled or vacant, of the agency, names of the person holding such positions, and the payroll expense entailed;
(8) a report of the contracts in effect of the agency including any donation and the purpose thereof;
(9) a report of the agreements or contracts entered into with public, state or federal public entities;
(10) any other information that the Transition Committee may require.
(b) During the transition process, the Ombudsman for Persons with Disabilities shall make available to the Transition Committee any personnel deemed necessary by said body during the transition process. Likewise, the Director’s Council shall have access to any record, file, or document generated or to be generated by the Office of the Ombudsman.
(c) During the transition process, the Ombudsman for Persons with Disabilities shall request the Transition Committee’s authorization for any disposition of funds required, in accordance with the transition measures provided herein and the applicable state and federal laws. The Transition Committee shall oversee that the Office of the Ombudsman for Persons with Disabilities continues providing services to the served population during the transition process and take the necessary measures to ensure that no service is affected.
(d) All the regulations, orders, resolutions, circular letters, and other administrative documents of the Office of the Ombudsman shall remain in effect in all that pertains to the provisions of this chapter, until the same are amended, supplemented, repealed, or rendered ineffective by the Advocate, as the case may be.
(e) During the transition process, the Office of the Ombudsman for Persons with Disabilities shall continue operating regularly until the Advocacy Office begins operations. During said period, the Advocacy Office should have established its office; developed the regulations, bylaws, and procedures that shall govern its internal operations, and the discharge of its duties; and organized the transferred personnel in order to begin operations.
(f) All the positions of the persons who, as of the effective date of this act, hold office in the Advisory Committee of the Office of the Ombudsman for Persons with Disabilities shall be eliminated as of the approval of this act. The members of the new Director’s Council created by virtue of this chapter for the Advocacy Office shall be appointed in accordance with the following procedure:
(1) Appointments to the Director’s Council by the Governor shall be made within a term that shall not exceed thirty (30) days after the approval of this act. Such appointments shall require the advice and consent of the Senate. Once these three (3) appointees hold office, they shall also constitute the Transition Committee.
(2) The Transition Committee shall issue a call for nominations within thirty (30) days after holding office to nongovernmental organizations wishing to make nominations for membership in the Director’s Council of the Advocacy Office. Such call for nominations shall be published in at least two (2) newspapers of general circulation. The Transition Committee shall grant all entities twenty (20) days from the publication of the call for nominations to submit their nominees.
(3) By submitting their nominations, entities shall certify that nominated individuals meet all the requirements of this chapter. Likewise, nongovernmental organizations wishing to submit nominations for membership in the Director’s Council shall attest to their bona fide status, as provided in this chapter, with at least three (3) years of recognized and proven experience advocating for the rights of the population served by the Advocacy Office. In lieu thereof, nongovernmental organizations may provide evidence of their registration, for at least three (3) years, in the Department of State, and that the main goal of the organization is advocating for the rights of the population served by the Advocacy Office.
(4) Once the period for submitting nominations concludes, the Transition Committee shall publish in at least two (2) newspapers of general circulation the names of the nominees and grant a ten (10)-day term to receive any comments or objections relating to said nominees.
(5) Once the term to submit comments or objections concludes, the Transition Committee shall select, from among the nominees, the members that shall represent nongovernmental organizations.
(6) Appointments to the Director’s Council pursuant to the preceding paragraph shall be made for staggered terms, to wit: two (2) appointments shall be made for terms of three (3) years; two (2) appointments shall be made for terms of two (2) years; and two (2) appointments shall be made for terms of one (1) year. The members appointed by the Governor shall establish the terms of office of each person selected. Once the initial terms expire, the following appointments shall be made for terms of three (3) years, in accordance with the provisions of this Act.
(h) The Committee shall have sixty (60) days after the constitution thereof to submit any proposal to the Office of Management and Budget in connection with the transfer of funds or any other transaction that may be necessary to implement the provisions of this chapter and that, in the regular course of business, would require the approval of said Office.
(i) Once the Director’s Council is constituted, the members thereof shall elect the Advocate in accordance with the provisions of this chapter and within ninety (90) days after the last approval corresponding to the transfer of programs and activities defrayed from federal funds allocated to the Office of the Ombudsman, the Advocacy Office shall begin regular operations; the position of the Ombudsman for Persons with Disabilities shall be eliminated and such officer shall cease to perform his/her functions.
(j) If the Ombudsman is not available or fails to take the measures provided in this Section, the Committee shall designate a trust official to carry out all the duties assigned to the Ombudsman in this Section.
(k) By virtue of this chapter, the Commonwealth of Puerto Rico Persons with Disabilities Protection and Advocacy Office shall be the legal successor of the Office of the Ombudsman for Persons with Disabilities, which shall be eliminated.
History —Sept. 24, 2015, No. 158, § 4.04.