2023 Laws of Puerto Rico › TITLE TWENTY - Examining Boards and Professional Colleges (§§ 1 — 6033) › Chapter 39 - Board of Accountancy; College of Certified Public Accountants (§§ 771 — 806) › § 782 - Hearings before Board

(a) Commencement of proceeding. — The Board may institute proceedings under §§ 771—789 of this title, pursuant to §§ 2101 et seq. of Title 3, known as the Uniform Administrative Procedures Act, either motu proprio or on the complaint submitted by the College of Certified Public Accountants of Puerto Rico, or by any other person.
(b) Notice, service and contents. — A written notice of the nature of the charge or charges against the accused and of the time and place of the hearing on such charges to be held before the Board shall be served on the accused at least thirty (30) days in advance of the date of said hearing, either personally or by sending him a copy thereof by registered mail to his last address known to the Board.
(c) Failure to appear. — If, after having been notified of the hearing as provided for herein, the accused fails to appear and defend, the Board may proceed to hear the evidence against him and may enter such order as may be justified by the evidence, which order shall be final unless the accused petitions for a review thereof, as provided herein; Provided, however, That within the thirty (30) days following the date of any order, the Board may, upon a showing of good cause for failing to appear and defend, reopen said proceedings and permit the accused to submit evidence in his behalf.
(d) Counsel, witnesses, cross-examination. — At any hearing the accused may appear in person and by counsel, produce evidence and witnesses on his own behalf, cross-examine witnesses and examine such evidence as may be produced against him. The accused shall be entitled, on application to the Board, to the issuance of subpoenas to compel the attendance of witnesses in his behalf.
(e) Subpoenas, oaths. — The Board or any member thereof may issue subpoenas to compel the attendance of witnesses and the production of documents, and may administer oaths, take testimony, hear evidence and receive exhibits in evidence in connection with or upon hearing under §§ 771—789 of this title. In case of disobedience to a subpoena the Board may invoke the assistance of any court of Puerto Rico in requiring the attendance and testimony of witnesses and the production of documentary evidence.
(f) Evidence. — The Board shall not be bound by technical rules of evidence.
(g) Record. — A stenographic record of the hearing shall be taken and a transcript thereof shall be filed with the Board.
(h) Attorney for the Board. — At all hearings the Secretary of Justice of Puerto Rico, or one of his assistants designated by him, shall appear and represent the Board.
(i) Decision. — The decisions of the Board shall be by a majority vote.
(j) Review by court. — Any person adversely affected by any order of the Board may obtain a review thereof by filing a written petition for review with the corresponding part of the Court of First Instance within thirty (30) days after the entry of said order. The petition shall state the grounds upon which the review is asked and shall pray that the order of the Board be modified or set aside in whole or in part. A copy of such petition shall be forthwith served upon any member of the Board and thereupon the Board shall certify and file in the court a transcript of the record upon which the order appealed from was entered. The case shall then be tried de novo on the record but the parties shall be permitted to file briefs as in an ordinary action at law. The court may affirm, modify or set aside, in whole or in part, the order of the Board, or it may remand the case to the Board for further evidence, and may, in its discretion, stay the effect of the order of the Board pending its determination of the case. The decision of the court shall have the force and effect of a decree in equity.
History —May 15, 1945, No. 293, p. 1098, § 11, renumbered as § 10 and amended on Apr. 27, 1994, No. 13, § 7.