2023 Laws of Puerto Rico › TITLE ONE - The Commonwealth (§§ 1 — 5289) › Chapter 37 - Commonwealth of Puerto Rico Ombudsman for the Elderly Act (§§ 721 — 736) › § 730 - Office administration and operation

Without it being understood as a limitation, the Office shall be administered and shall operate as follows:
(a) The Ombudsman shall determine the internal organization of the Office and establish the systems needed for its proper operation and functioning. For such purposes, the Ombudsman shall be responsible for the planning, organization, decision-making, and direction of all matters and operations pertaining to human resources, contracting of services, budget appropriation, procurement, use and control of equipment, supplies and property, reproduction of documents and other materials, as well as all other matters, transactions, and decisions relating to the internal management and administration of the Office.
(b) The Ombudsman shall address claims and complaints filed by elderly persons for alleged noncompliance by agencies, private entities, and persons with the public policy established in this chapter in protecting the rights that have been recognized for the elderly under the Constitution of the United States of America, the Constitution of the Commonwealth of Puerto Rico, as well as federal and Commonwealth laws and regulations in effect.
(c) The Ombudsman shall appoint personnel as is necessary to achieve the purposes of this chapter pursuant §§ 1461 et seq. of Title 3, known as the “Public Service Human Resources Administration Act of the Commonwealth of Puerto Rico”, and he/she may contract the services of experts and advisors to fully discharge the functions imposed by this chapter.
(d) The Ombudsman shall adopt the bylaws of the Office and the regulations that shall govern the operation of the programs and services established in accordance with the provisions of this chapter, subject to §§ 2101 et seq. of Title 3, known as the “Uniform Administrative Procedures Act of the Commonwealth of Puerto Rico”.
(e) The aforementioned regulations shall establish the necessary provisions to receive information and data for any general studies and research regarding the elderly that the Office may conduct and to meet the following procedural requirements:
(1) The holding of public or executive hearings, for which the function of hearing testimonies or receive any other evidence for the Office shall be delegated to one or more officials or employees.
(2) Notice of public hearings shall be published ten (10) days in advance in at least two (2) newspapers of general or regional circulation in the specific region or area comprised in the study or investigation.
Furthermore, other communication outlets may be used to announce the hearings when necessary and reasonable for a more efficient dissemination. Detailed descriptions of the purposes of the hearings and the matters to be considered therein shall be included in such announcements.
(3) All oral statements shall be heard in public hearings. However, in the event that the Office deems that the evidence or testimony to be furnished in a public hearing could lead to the slander, degradation, or incrimination of any person or to the undermining of his/her privacy, in order to protect his/her identity, or in the event that there are circumstances that so warrant, the Office may make an exception and opt to receive said testimony in an executive hearing.
(4) Each witness may, if he/she deems it convenient, be advised by legal counsel. He/She shall also have the right to not be photographed without his/her consent, to be examined by his/her attorney within the rules of the hearing and their application by the Ombudsman, to review the accuracy of the transcript of his/her testimony, to a copy of said transcript and to submit brief statements in writing and under oath to be included in the hearing’s record.
(5) The Office shall determine all other rules of procedure for public or executive hearings, including those relating to the admissibility of evidence and the exclusion of persons who violate the rules that should prevail in a hearing.
(f) The Ombudsman, whether on his/her own motion or through collaboration agreements, may establish and implement a plan to establish regional, district, or municipal offices to facilitate and promote elderly access to the Office, thus achieving the purposes of this chapter, within the parameters of the federal law and the provisions of the Commonwealth plan.
(g) The Ombudsman shall promote the execution of collaboration agreements at the government and private levels, including without it being construed as a limitation, agreements with the municipal governments, entities, and corporations and with nongovernment organizations and entities concerned with the rights of the elderly, when these agreements facilitate the exercise of his/her responsibilities without impairing his/her autonomy.
(h) The Office may request, on its own or through the Governor, any available services and facilities from private persons or entities, as well as from government agencies to achieve the purposes of this chapter.
(i) The Office may contract or appoint any official or employee of the Commonwealth of Puerto Rico or its agencies, with the consent of the appointing authority of the government body where such official or employee works. In such case, the appointing authority is required to hold the office or employment of said official or employee while he/she renders services at the Office.
(j) The Office is further authorized to contract, without being subject to the provisions of §§ 551 of Title 3, the services of any public official or employee and to pay him/her for the additional services he/she renders to the Office outside his/her regular working hours.
(k) The Office may, with the approval of the Governor, commission any agency to conduct a study or research, or any part or stage thereof, or to perform any other kind of work necessary to discharge its functions, which shall be a priority. If deemed necessary, the agency may request and obtain from the Office, upon authorization from the Governor, a transfer of funds in the amount that the Office deems reasonable.
(l) The Office is hereby authorized to receive and administer funds from legislative appropriations and from transfers, delegations, contributions, and gifts of any kind made by agencies, municipal governments, and the Government of the United States of America, as well as from persons, nongovernmental organizations, and other private entities for the design and implementation of projects and programs to be carried out by the Office, the agencies, the elderly-related nongovernmental entities and organizations, or the civil society. The funds thus received shall be accounted for, controlled, and administered in accordance with the laws that regulate the use of public funds, the legal norms, the rules or agreements by virtue of which the Office receives such funds, and the regulations adopted by the Office for such purposes. The Office may also receive any personal property from public agencies on loan, usufruct, or as a gift, and own, administer, and use the same to discharge the functions provided for in this chapter.
(m) The Office shall submit in writing not later than January 31st of each year, an annual report and any other special reports to the Governor and the Legislative Assembly on its activities, operations, achievements, and fiscal situation, together with the recommendations it deems necessary for the continuous and effective protection of the rights of the elderly. After the first annual report, the Office shall include at the end of each annual report a summary of the recommendations previously made and a description of the action taken on said recommendations. The Office shall publish its reports and submit them to the Governor and the Legislative Assembly. The Office may also publish the studies and papers submitted by its consultants and advisors.
(n) The Office shall plan and coordinate with the various public agencies, as well as with private entities, elderly-related programs, activities, and services to ensure the implementation of the public policy of this chapter in an integrated manner, subject to the conditions and restrictions provided in applicable laws.
(o) The Office shall provide public agencies with the guidelines to develop and implement elderly-related programs and projects.
(p) The Office shall establish systems and procedures to evaluate the effectiveness and improve the coordination of the programs and projects of the various public agencies and private entities geared toward addressing the needs and issues of the elderly.
(q) The Office shall promote citizen participation in the development and implementation of projects and programs for the benefit of the elderly and facilitate their communication with public agencies.
(r) The Office may provide the agencies and private entities that so request with advisory and technical assistance and professional services for the purpose of improving the services rendered and attaining the operating purposes established by laws or regulations.
(s) The Office may organize and hold conferences, seminars, and workshops, and shall conduct studies and research by itself or in coordination with other agencies and private or educational entities or any other organization that carries out activities that are consistent with the purposes of this chapter for the development of new approaches, methods, programs, and services, and for the training and improvement of the personnel needed to render services to the elderly. It may likewise establish coordination and collaboration relations with colleges, universities, and post-secondary educational institutions to design and plan curriculum and the use of gerontology textbooks.
(t) The Office shall promote the establishment of services, and when advisable, establish them as a demonstration or model, to be subsequently transferred to public or private organizations, such as clinics to prepare for retirement and old age, multipurpose activity centers, geriatric clinics, and others.
(u) It shall collect, analyze, and keep the necessary statistical data up to date for the planning, coordination, and use of the government resources available for the implementation and development of an elderly-related public policy that satisfies the demands of the times.
(v) It shall keep an updated catalogue or handbook of all the programs, benefits, services, activities, and facilities available to the elderly at both public agencies and nonprofit private entities. Such catalogue shall include a summary with the corresponding citation of Commonwealth and federal laws, regulations, orders, rules, procedures, resources, means, mechanisms, and requirements needed to be eligible for and receive any benefit, service, right, or privilege. For purposes of this subsection, the Office shall charge a reasonable fee to any citizen, other than elderly persons, who requests a copy of said catalogue or handbook. Said fee shall be fixed for the sole purpose of recovering the expenses incurred for the reproduction of the handbook or catalogue.
(w) The Office shall promote knowledge and a better understanding of the particularities of the aging process among citizens and the elderly.
(x) The Office shall carry out disclosure and orientation activities aimed at developing positive attitudes in citizens and to keep the elderly actively involved in the community.
(y) The Office shall advise the elderly on the services, benefits, programs, and activities offered by public agencies and private entities.
(z) The Office shall designate, in consultation with the Advisory Council, the special committees it deems necessary to discharge the functions of the Office.
(aa) The Office shall make recommendations to the Governor and the Legislative Assembly with regard to measures deemed necessary to address the needs and issues of the elderly.
(bb) The Office shall analyze the factors that affect the exercise of the civil, political, social, and cultural rights, as well as the rendering of services and the benefits granted to the elderly, in order to orient and advise as to the requirements, mechanisms, means, resources, and procedures to exercise them or to benefit therefrom.
(cc) The Office shall investigate, channel, and settle the petitions or complaints for any alleged administrative action or inaction of any public agency or private entity that violates the rights of the elderly as recognized under the Constitution of the Commonwealth of Puerto Rico, the Constitution of the United States of America, and the laws and regulations in effect; or for an alleged denial of benefits and opportunities to which they are entitled or that affect any program for the benefit of the elderly. The Office shall grant the pertinent remedies under the law, as well as direct any natural or juridical person or any public agency or private entity to take corrective actions.
(dd) The Office shall ensure that agencies adopt affirmative action and corrective programs and comply therewith, and promote their incorporation in private entities, in order to foster and achieve compliance with the rights conferred to the elderly by laws and regulations.
(ee) The Office shall file with the courts and administrative forums the pertinent actions to address violations of the established public policy on the elderly. The Office shall have discretion to file such actions on its own motion or in representation of an interested party, whether it be elderly persons individually or as a class. The Office shall be exempt from the payment and cancellation of any stamps, fees and duties required for the filing and processing of any writ, actions, or proceedings, or for obtaining copies of any document under the consideration of the courts of justice and public agencies of the Commonwealth of Puerto Rico.
(ff) The Office shall continuously review and evaluate compliance with services and activities carried out by agencies and private entities in order to prevent violations of the rights of the elderly and to enable systematic consultation processes for the purpose of ensuring that the activities of the Office respond at all times to the needs, demands, and aspirations of this sector of the population.
(gg) The Office shall cooperate and establish work networks to share information and experiences with agencies, private entities, and federal and international bodies engaged in the development and promotion of the rights and benefits of the elderly.
History —July 24, 2013, No. 76, § 11.