2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 6 - Autonomous Municipalities (§§ 4001 — 4990-4990j) › Chapter 227 - Delegation of Legal Authority (§§ 4651 — 4663) › § 4655 - Delegation of jurisdiction—Clauses of agreements

The provisions of the agreements for the delegation of jurisdiction granted in accordance with this subtitle shall be supplementary to those of the statutes governing the jurisdiction to be delegated, and to this subtitle. Every agreement for the delegation of jurisdiction shall specifically provide:
(a) The specific legal authority, powers and responsibilities to be delegated, stating as precisely as possible their scope and extent of jurisdiction.
(b) The administration, operation, mechanisms, sources of financing and funds that the delegating agency will provide, the restrictions and rules that said funds will be subject to, and the monies to be contributed by the municipality, if any.
(c) The human resources of the central government that will be transferred to the municipality, if any; the duties, supervisory standards, rights and benefits that shall be guaranteed, as well as anything else needed to comply with the legal provisions that apply to said personnel.
(d) The evaluation, monitoring, examinations and audits to be performed by the central government to determine the municipality’s degree of compliance with the public policy covering the delegated legal authority, and the public benefit or profit obtained.
(e) The ordinances, resolutions or regulations the municipal government must adopt to make the delegation effective, and the regulations or rules the public agency should adopt. The central government shall adopt uniform regulations to regulate the procedures to be followed by public agencies in the delegation of jurisdiction to the municipalities, pursuant to the provisions of §§ 4601–4661 of this title, on or before May 31, 1995. The jurisdiction delegated to the municipality shall comply with the provisions of §§ 2101 et seq. of Title 3, known as the “Uniform Administrative Procedures Act of the Commonwealth of Puerto Rico”, and any other applicable laws that establish the rules for the standards of application or execution of the delegated jurisdiction.
(f) The procedures, rules and proceedings for any application, petition, motion, or any other action or resource required or allowed under the delegated legal authority, and the procedure for the reconsideration or review of the determinations made by the municipality in the exercise thereof. In the case of legal authority subject to the provisions of §§ 2101 et seq. of Title 3, known as “Commonwealth of Puerto Rico Uniform Administrative Procedures Act”, all administrative actions and proceedings to monitor and adjudicate shall be performed pursuant to said sections. If this subtitle does not apply, it shall be handled as provided by the law or laws of the delegated legal authority, and in the absence of such provisions, it shall be provided for all matters to be heard before an administrative unit, office or municipal dependency, or before the delegating public agency. When the by-laws and regulations of the delegated legal authority do not provide for administrative reconsideration of the municipality’s determination, provision will be made for direct recourse to judicial review before a court.
(g) The period of time during which the municipal government will exercise the legal authority or that the agreement will be in effect, the grounds for revoking or predating the delegated legal authority, and the consequences of failing to comply with or violating the agreement on the part of the municipality or the delegating agency.
(h) The commitment of the delegating agency and the municipality to submit to arbitration for the settling of any dispute related to the delegated legal authority, pursuant to §§ 3201 et seq. of Title 32, after exhausting the conciliation procedures before the Commissioner of Municipal Affairs.
History —Aug. 30, 1991, No. 81, § 14.005; Apr. 13, 1995, No. 36, § 51.