2023 Laws of Puerto Rico › TITLE ONE - The Commonwealth (§§ 1 — 5289) › Chapter 12 - Investigation, Prosecution and Appeal Commission (§§ 171 — 185) › § 173 - Commission—Authority

In the exercise and fulfillment of the previous functions, powers and duties, the Commission shall be authorized to:
(1) Carry out any investigation authorized by this chapter, in any place in the Commonwealth of Puerto Rico.
(2) Hold the meetings it may deem necessary.
(3) Hold public or private hearings, which may be presided over by any Commissioner designated by the Chairperson and attended by the interested parties.
The hearings before the Commission shall be public, but may be held in private by petition of the accused official, or if so determined by the Commission in benefit of the public interest. No evidence or testimony given in a private session before the Commission shall be made public, without its consent.
The Commission shall keep a record of all its proceedings.
Any party injured by a final decision of the Commission may request the Commission to reconsider said decision, within fifteen (15) days following the notice thereof. The Commission may flatly reject the petition, or may assign it for a hearing.
The decisions of the Commission may be reviewed by the Court of First Instance, San Juan Part, through a motion presented for said purpose, within thirty (30) days from the notice of the decision of the Commission. Said appeal for review shall be limited to questions of law and to the determination of whether or not substantial evidence exists to sustain the findings of fact of the Commission. The rules of evidence that prevail in the courts of justice shall not be binding upon any proceeding instituted before the Commission under the provisions of this chapter.
The cases in which the Commission intervenes may be heard by three or more members of the Commission.
The Commission shall have exclusive jurisdiction to act as a body in the cases specified below:
(1) In cases in which the nominating authority or its authorized representative has imposed any disciplinary sanction or measure to an official employed by the Commonwealth or Municipal Executive Branch authorized to make arrests, in connection with actions where he or she is accused of having misused or abused authority as defined by subsection (1) of § 172 of this title, and
(2) in cases in which the Superintendent of the Police or his/her authorized representative has imposed any disciplinary sanction or measure to a member of the Police in connection with the commission of serious faults, as provided by §§ 3101 et seq. of Title 25, known as the “Puerto Rico Police Act” and its regulations, or in case the Commissioner of the Municipal Police of a municipality or his/her authorized representative has imposed any disciplinary sanction or measure to a member of the Municipal Police as provided by §§ 1061 et seq. of Title 21, known as the “Municipal Police Act”. All other cases, including separation from service for a probation period, layoffs, transfers and other actions related with essential areas as to the principle of merit shall be heard before the Appeals Board of the Personnel Administration System, which shall have the primary jurisdiction.
History —May 22, 1972, No. 32, p. 60, § 3; July 16, 1992, No. 23, § 2; Aug. 30, 2000, No. 238, § 2.