2023 Laws of Puerto Rico › TITLE TEN - Commerce (§§ 1 — 4196) › Subtitle 1 - Regulation of Business Generally (§§ 1 — 998q) › Chapter 32 - Pawnbroking Business and Operations Regulatory Act (§§ 634 — 654) › § 652 - Holding of property in possession of a pawnbroking business

(a) When a law enforcement officer has reasonable cause to believe that the property in possession of a pawnbroking business is stolen or unlawfully taken, said officer shall notify the pawnbroking business to hold such good. For purposes of this section, reasonable cause shall be based on the filing of a complaint.
(b) The initial term of the hold order shall not exceed forty five (45) calendar days while the pertinent investigation takes place. However, such holding period may be extended for just cause notified in writing to the licensee before the expiration of such term. If the holding period has expired and has not been extended, the hold order shall be deemed to be expired and without legal effect.
(c) The initial hold order shall contain the following information:
(1) Signature of the licensee or designated person who operates the pawnbroking business.
(2) Name, title, identification number, if applicable, or employee number of the law enforcement officer serving the hold order.
(3) Name, telephone number, and address of the government agency where the law enforcement officer works and the section of the act that has been violated.
(4) A complete description of the property to be held, including model number, serial number, pawn or sale transaction number, and the signature of the licensee certifying the same.
(5) Name of the entity, person, or agency reporting the property to be stolen or unlawfully taken.
(6) Street and mailing address of the pawnshop where the property is held.
(7) Expiration date of the holding period.
(d) While the hold order is in effect, the pawnbroking business may, as requested, hand over custody of the stolen or unlawfully taken property to the government agency where the law enforcement officer who filed the hold order works. Handing over the stolen or unlawfully taken property does not imply a waiver of proprietary interest by the pawnbroking business.
(e) The Department of Justice shall notify the pawnbroking business in writing whenever criminal charges are filed which may require entering the property as evidence. Said notification shall contain the case number and the description of the good. The pawnbroking business shall retain the good until it receives notification from the Department of Justice regarding the disposition of the case, which notification shall be made within twenty (20) business days from the disposition of the case. Noncompliance with the hold order by the pawnbroking business shall be cause for the Commissioner to suspend or revoke the license to operate such pawnbroking business pursuant to the provisions of this chapter.
(f) The licensee may request an administrative hearing from the Secretary of the Treasury or the Superintendent of the Police to sustain, revise, modify, or vacate the action taken by the law enforcement officer. The licensee shall have fifteen (15) calendar days from the date of the intervention by the law enforcement officer to request an administrative hearing. The Secretary of the Treasury or the Superintendent of the Police shall hold such hearing within thirty (30) calendar days from the date on which the licensee requested the same.
History —Feb. 24, 2011, No. 23, § 20, eff. 60 days after Feb. 24, 2011.