2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 8 - Environment II (§§ 8001 — 8162) › Chapter 501 - Environmental Public Policy (§§ 8001 — 8007f) › Subchapter II - Environmental Quality Board (§§ 8002 — 8002p) › § 8002f - Hearings, orders, and judicial proceedings

(a) The Governing Board of the Environmental Quality Board shall hold public hearings, either motu proprio or at the request of an interested party, in connection with matters related to the implementation of this chapter. In carrying out these efforts, it may compel the appearance of witnesses and the presentation of documents, and allow or disallow evidence and take oaths from witnesses, which authorities it may delegate onto examining officials or administrative judges.
(1) Hearings held by the Governing Board shall be presided by one or more examining officials or administrative judges, who shall be designated by the Chair or by the Governing Board, respectively, and who shall be attorneys-at-law, officials or employees of the Environmental Quality Board or members of the Governing Board or legal consultants or experts on the matter under discussion who have been contracted for hearing purposes. Such hearings may also be presided by attorneys, officials or employees of the Environmental Quality Board or by members of the Governing Board or legal consultants or experts on the matter under discussion who have been contracted for hearing purposes, onto whom the Governing Board has delegated the authority to adjudge and who shall be designated by the latter as administrative judges.
(2) The Board shall set the date, time, and place for holding the hearing and notify the interested parties, which may appear pro se or represented by an attorney.
(3) The Board shall issue either the pertinent resolution or decision within a reasonable term after the hearing has been held, which shall not exceed sixty (60) days, and notify each of the interested parties with a copy thereof. Notice of the resolution or decision of the Board shall be served either by regular or electronic mail and shall enclose a certification from the Secretary of the Governing Board.
(4) Any person adversely affected by a resolution, order or decision of the Governing Board may request the latter to reconsider its determination or request a review by the Court of Appeals of Puerto Rico, pursuant to the provisions of the Puerto Rico Uniform Administrative Procedures Act, §§ 2101 et seq. of Title 3.
(5) Filing a request for administrative reconsideration or for judicial review shall not exempt any person from complying with or obeying any decision or order of the Governing Board, nor shall such action operate under any circumstance as a suspension or postponement of the effectiveness thereof, unless there is a special order of the Governing Board or the Court of Appeals of Puerto Rico.
(6) Judicial reviews shall be conducted based on the administrative record of proceedings before the Governing Board, as such record has been certified by the Secretary of the Board. Determinations of the Governing Board in connection with facts shall be conclusive if sustained by substantial evidence.
(7) The Governing Board shall hold public hearings prior to authorizing and promulgating any rules or regulations that the same may submit under this chapter. Hearings shall be held pursuant to the norms established for such purposes by the Governing Board, in compliance with the provisions of the Puerto Rico Uniform Administrative Procedures Act, §§ 2101 et seq. of Title 3. Regulations, guidelines, and orders to establish internal norms and directives, may be adopted without submission to this norm.
History —Sept. 22, 2004, No. 416, § 12, eff. 6 months after Sept. 22, 2004; May 2, 2015, No. 60, § 1.