2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART VIII - Public Planning II (§§ 9011 — 9047) › Chapter 230 - Puerto Rico Permit Process Reform Act (§§ 9011 — 9028i) › Subchapter VI - The Permit Management Office Adjudicatory Board (§§ 9016 — 9016d) › § 9016b - Authorities, duties, and functions

The Adjudicatory Board shall have the following general duties, authorities, and functions, in addition to those conferred by this chapter or any other law:
(a) To evaluate and adjudicate applications for land requalification, site consultations, and amendments to site consultations.
(b) To evaluate and adjudicate use variances that meet requirements set forth in Planning Regulations pursuant to the provisions of the latter in cases in which the verbatim application of their provisions would result in prohibition or unreasonable restriction of the enjoyment of property, and it is proven to the satisfaction of the Board that such a dispensation would relieve clearly provable damages, for which the Board shall be able to impose any such conditions as the case may warrant to better serve the public interest. In discharging this authority, the Adjudicatory Board shall take any measures necessary so that such authority not be used with the purpose or end of disregarding or breaching compliance with the regulatory provisions in effect in cases in which such circumstances as those described above are not present. Variance applications shall be handled on a case-by-case basis and the determination made by the Adjudicatory Board regarding such applications shall not create a precedent.
(c) To evaluate and adjudicate waivers.
(d) To evaluate and adjudicate discretionary matters.
(e) To evaluate and adjudicate construction variances.
(f) To provide the Planning Board with information as requested.
(g) To supervise the support staff assigned by the Permit Management Office.
(h) To adjudicate any such discretionary matters as the Planning Board may hereinafter delegate onto the Management Office, pursuant to applicable provisions.
(i) To discharge any other function delegated onto the Board by this chapter.
(j) To evaluate and adjudicate matters involving non-zoned areas. In such cases, the determinations made shall not set forth a general policy or define the public policy; this responsibility lies solely with the Planning Board.
(k) To hold adjudicative hearings.
(l) To discharge any other authority conferred under this chapter.
The Adjudicatory Board may not delegate the functions described above, except for the one set forth in subsection (e) of this section. The Adjudicatory Board shall discharge its functions in compliance with Planning Regulations, the Joint Permit Regulation, and any applicable legislation and regulation. The Chair shall convene the Adjudicatory Board into session to tend to matters before its consideration. The Chair shall be responsible for keeping the Adjudicatory Board agenda, presenting cases, and ascertaining that all matters before the consideration of the Adjudicatory Board are transacted within the terms established by the Management Office in the Joint Permit Regulation.
History —Dec. 1, 2009, No. 161, § 6.3.