2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 69 - Purebred Paso Fino Horse Agro-Industry Act (§§ 2001 — 2010) › § 2008 - Review

(1) Any party adversely affected by a final resolution, decision, or partial order of the Secretary or the Director or the Administrative Board may request a reconsideration before the official who made the decision within the term of thirty (30) days after having received notice of said resolution, order or decision.
(2) The filing of a petition for reconsideration shall not exempt any person from complying with or obeying any resolution, decision or partial or final order issued pursuant to this chapter. The petition for reconsideration shall not operate in any way as a suspension or postponement of the effectiveness of the resolution, order or decision, unless there is a special order from the official who made the decision, at the request of the party. The petition for reconsideration shall specifically state the grounds on which it is based. The official before whom the reconsideration is requested must issue his or her grounded decision within a term of fifteen (15) days from the date the petition was filed. If he or she rejects it outright or does not act within the stated fifteen (15) days, the term to request the revision shall begin to elapse anew from the moment the refusal was notified, or when the fifteen (15) days expire, as the case may be, in which case the person who wishes to request a reconsideration shall have thirty (30) days to request it anew. On the other hand, the official to whom said reconsideration is addressed shall have fifteen (15) days to issue a well grounded decision.
(3) If a decision were made in reconsideration, the term to request a review thereof shall begin to run on the date a copy of the notification of the agency’s resolution is filed in the record, [re]solving the motion for reconsideration, in which case the agency, on the same day that said action is taken, shall notify the party interested in promoting the of [sic] reconsideration. In said case, the petitioner for the revision of the reconsideration shall have twenty (20) days from said moment to request it. Such resolution shall be issued and filed within ninety (90) days from the filing of the motion to reconsider. If the agency does not make a decision regarding the petition for the revision of the reconsideration within [a] period of sixty (60) days after its filing, or if it accepts the motion for reconsideration after a second attempt for said purposes but fails to act with regard to the motion within ninety (90) days of its filing, or if it rejects the motion for reconsideration after a second request to such ends, it shall lose jurisdiction thereof, and the term to request the revision through a court action shall begin to count following the expiration of said term of sixty (60) days or ninety (90) days, as the case may be, unless the agency, for just cause and in said period of time, extends the term to [re]solve the matter for a period that shall not exceed thirty (30) additional days. In case of a rejection of the motions for reconsideration, the additional period of extension shall not be applicable, thus the agency shall only have the period of ninety (90) days to reject motions for reconsideration.
(4) The filing of the appeal for review of any resolution, order, or decision shall not stay the effects of such resolution, order, or decision, unless the court orders it, at the request of the interested party, upon a hearing and the finding that the party against whom said resolution, order, or decision has been issued, would suffer grave or irreparable harm if such suspension is not granted. The resolution issued by the court to this effect must state the provisional remedies that are deemed reasonable to respond for the damages that could be caused by the suspension of the execution of the resolution, order, or decision.
(5) A party that is adversely affected by a final order or resolution of an agency, and that has exhausted all the remedies provided by the agency or the corresponding administrative appellate body, may file a request for review before the Circuit Court of Appeals, within a term of thirty (30) days, counted from the date the copy of the notice of the agency’s final order or resolution was filed, and once the agency notifies the party involved of said action, or from the applicable date as provided in § 2165 of Title 3, part of the act known as the “Commonwealth of Puerto Rico Uniform Administrative Procedures Act”, when the term to request the judicial review has been interrupted by the timely filing of a motion for reconsideration. The party shall notify the filing of the request for review to the agency and to all the parties within the term to request said review. The notice must be made in writing and may be served by certified mail.
(6) Any party adversely affected by the decision of the Circuit Court of Appeals may request its review by filing a writ of certiorari before the Supreme Court within the jurisdictional term of thirty (30) days from the filing of the decision of the Circuit Court of Appeals or of its resolution resolving a duly filed motion for reconsideration.
History —Aug. 11, 1988, No. 169, p. 754, § 9; Jan. 20, 2000, No. 37, § 8.