reglab/statecodes huggingface dataset:
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART I - Hospitals, Institutions, And Health Programs (§§ 1 — 343k) › Chapter 19 - Health Facilities (§§ 331 — 334j) › Subchapter III - Certificates of Necessity and Convenience (§§ 334 — 334j) › § 334f-5 - Procedure—Petition fees

Any petition to obtain a certificate of necessity and convenience shall be accompanied by an Internal Revenue voucher in the amount of one hundred dollars ($100), with the exception of those filed by the agencies of the Commonwealth of Puerto Rico and its municipalities. The funds thus collected shall be covered into the Health Fund created pursuant to the provisions of §§ 337—337m of this title.
History —Nov. 7, 1975, No. 2, p. 922, added as § 9 on Sept. 19, 1983, No. 16, p. 385, § 9; July 18, 1986, No. 139, p. 441, § 1.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART I - Hospitals, Institutions, And Health Programs (§§ 1 — 343k) › Chapter 19 - Health Facilities (§§ 331 — 334j) › Subchapter III - Certificates of Necessity and Convenience (§§ 334 — 334j) › § 334f-6 - Procedure—Notice to affected parties

The Secretary shall inform the affected persons and the general public of the petition through a circular letter, by mail, within thirty (30) days following the receipt thereof. The notice to the general public shall be made through the publication of a summary of the petition in one (1) newspaper of general circulation.
History —Nov. 7, 1975, No. 2, p. 922, added as § 10 on Sept. 19, 1983, No. 16, p. 385, § 9; July 18, 1986, No. 139, p. 441, § 1.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART I - Hospitals, Institutions, And Health Programs (§§ 1 — 343k) › Chapter 19 - Health Facilities (§§ 331 — 334j) › Subchapter III - Certificates of Necessity and Convenience (§§ 334 — 334j) › § 334f-6a - Procedure—Issuance of permits without consideration of statutory requirements

Notwithstanding any other provision in contravention of §§ 334—334j of this title, or any other laws, the Secretary of Health shall have the power to issue administratively, without a hearing, those permits, licenses and certificates of necessity and convenience needed for the operation of the health installations to be privatized by virtue of the provisions of §§ 3301—3325 of this title, without taking into consideration the statutory or regulatory requirements relevant to the concession of said permits, licenses and certificates. To such effects, the public deed or contract by which any health facilities are privatized or transferred shall include a clause that provides that concurrently with the signing of the privatization documents, the Secretary shall issue those permits, licenses and certificates of necessity and convenience needed for the immediate operation of said facility. Provided, however, That in case the privatized health installations may wish to subsequently reduce or increase the health services they render, they must meet all the applicable legal provisions, including those of the Certificates of Necessity and Convenience Act, §§ 334—334j of this title.
History —Nov. 7, 1975, No. 2, p. 922, added as § 11 on July 6, 1997, No. 31, § 24.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART I - Hospitals, Institutions, And Health Programs (§§ 1 — 343k) › Chapter 19 - Health Facilities (§§ 331 — 334j) › Subchapter III - Certificates of Necessity and Convenience (§§ 334 — 334j) › § 334f-7 - Procedure—Hearing

The Secretary shall be under the obligation of holding an administrative hearing during the evaluation period of the petition, in which the persons affected and those who have requested the opportunity to be heard shall be given the opportunity to participate. Any person who requests to be heard at a hearing shall be entitled to be represented by counsel or any other advisor and to present oral or written arguments or relevant evidence. The Secretary shall establish by regulations the procedures for holding the hearing.
The Secretary or the official on whom he delegates to preside the hearing shall be empowered to take oaths and to serve summons under pain of contempt, requiring the appearance of witnesses and the production of any relevant or pertinent document or evidence. In the case of refusal to obey a summons or to present the documentary evidence required, the Secretary or his representative may resort to the Court of First Instance to compel the appearance, the statement and the presentation of documents.
The Secretary’s findings of fact upheld by evidence shall be conclusive.
The complete file of each petition shall be available for inspection by the affected persons during working hours.
History —Nov. 7, 1975, No. 2, p. 922, added as § 11 on Sept. 19, 1983, No. 16, p. 385, § 9; July 18, 1986, No. 139, p. 441, § 1; renumbered as § 12 on July 6, 1997, No. 31, § 25.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART I - Hospitals, Institutions, And Health Programs (§§ 1 — 343k) › Chapter 19 - Health Facilities (§§ 331 — 334j) › Subchapter III - Certificates of Necessity and Convenience (§§ 334 — 334j) › § 334f-7a - Procedure—Cases not requiring hearing

No administrative hearings will be held in cases of acquisition, remodeling or expansion of health facilities or health services which are already established and have certificates of necessity and convenience, as long as it does not entail the relocation and the offering or developing of a new health service, or any of the activities contemplated in subsections (4)—(10) of § 334a of this title.
History —Nov. 7, 1975, No. 2, p. 922, added as § 11-A on July 18, 1986, No. 139, p. 441, § 2; renumbered as § 12-A on Aug. 8, 1998, No. 206, § 2.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART I - Hospitals, Institutions, And Health Programs (§§ 1 — 343k) › Chapter 19 - Health Facilities (§§ 331 — 334j) › Subchapter III - Certificates of Necessity and Convenience (§§ 334 — 334j) › § 334f-8 - Procedure—Decision and term therefor

The Secretary shall issue the decision on the application to obtain a certificate of necessity and convenience on the basis of the grounds set forth to make such a decision, within the term established in the provisions of §§ 2101 et seq. of Title 3, and in the regulations adopted by the Secretary pursuant to the latter.
History —Nov. 7, 1975, No. 2, p. 922, added as § 12 on Sept. 19, 1983, No. 16, p. 385, § 9; July 18, 1986, No. 139, p. 441, § 1; renumbered as § 13 and amended on Aug. 8, 1998, No. 206, §§ 2, 3.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART I - Hospitals, Institutions, And Health Programs (§§ 1 — 343k) › Chapter 19 - Health Facilities (§§ 331 — 334j) › Subchapter III - Certificates of Necessity and Convenience (§§ 334 — 334j) › § 334f-9 - Procedure—Decision delay; remedy

If the Secretary does not issue a decision on the petition to obtain a certificate of necessity and convenience or on the petition for exemption, during the period of time established in § 334f-8 of this title, the petitioner may resort to the corresponding Part of the Court of First Instance for it to direct the Secretary to issue his decision.
History —Nov. 7, 1975, No. 2, p. 922, added as § 13 on Sept. 19, 1983, No. 16, p. 385, § 9; renumbered as § 14 on Aug. 8, 1998, No. 206, § 2.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART I - Hospitals, Institutions, And Health Programs (§§ 1 — 343k) › Chapter 19 - Health Facilities (§§ 331 — 334j) › Subchapter III - Certificates of Necessity and Convenience (§§ 334 — 334j) › § 334f-10 - Procedure—Reconsideration and judicial review

Any party adversely affected by a decision of the Secretary to grant, deny, revoke, suspend or modify a certificate of necessity and convenience, may request the reconsideration of the final decision of the Secretary or a judicial review of the same according to and under the terms and condictions provided for such purposes by Reorganization Plan No. 1 of the Judicial Branch, of July 28, 1994, as amended, known as the “Puerto Rico Judicature Act of 1994,” and §§ 2101 et seq. of Title 3, known as the “Uniform Administrative Procedures Act of the Commonwealth of Puerto Rico”.
The Secretary shall render his decision on the request for reconsideration within a term of sixty (60) days counting from the filing thereof.
History —Nov. 7, 1975, No. 2, p. 922, added as § 14 on Sept. 19, 1983, No. 16, p. 385, § 9; renumbered as § 15 and amended on Aug. 8, 1998, No. 206, §§ 2, 4.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART I - Hospitals, Institutions, And Health Programs (§§ 1 — 343k) › Chapter 19 - Health Facilities (§§ 331 — 334j) › Subchapter III - Certificates of Necessity and Convenience (§§ 334 — 334j) › § 334f-12 - Procedure—Guarantee of impartiality

Once the case is pending reconsideration or in a subsequent stage, no official who is carrying out functions with regard to the petitions or exemption of certificates of necessity and convenience may establish communication with the petitioner or his representative, or with any person who has opposed the granting of the certificate, nor his representative, in the absence of the other parties.
History —Nov. 7, 1975, No. 2, p. 922, added as § 16 on Sept. 19, 1983, No. 16, p. 385, § 9.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART I - Hospitals, Institutions, And Health Programs (§§ 1 — 343k) › Chapter 19 - Health Facilities (§§ 331 — 334j) › Subchapter III - Certificates of Necessity and Convenience (§§ 334 — 334j) › § 334f-13 - Procedure—Cancellation or rescission of certificate; grounds

The Secretary may cancel or render ineffective any certificate of necessity and convenience if the person does not carry out the project during the period of time granted, or if he submitted false information in the petition.
History —Nov. 7, 1975, No. 2, p. 922, added as § 17 on Sept. 19, 1983, No. 16, p. 385, § 9.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART I - Hospitals, Institutions, And Health Programs (§§ 1 — 343k) › Chapter 19 - Health Facilities (§§ 331 — 334j) › Subchapter III - Certificates of Necessity and Convenience (§§ 334 — 334j) › § 334f-14 - Procedure—Publicity of petitions

Any person that requests it shall have the right to inspect the evaluated petitions, as well as the other documents used in the consideration thereof.
History —Nov. 7, 1975, No. 2, p. 922, added as § 18 on Sept. 19, 1983, No. 16, p. 385, § 9.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART I - Hospitals, Institutions, And Health Programs (§§ 1 — 343k) › Chapter 19 - Health Facilities (§§ 331 — 334j) › Subchapter III - Certificates of Necessity and Convenience (§§ 334 — 334j) › § 334g - Existing facility; certificate

Any person who is operating highly-specialized medical equipment acquired before this act; and any person who is operating a pharmacy established before October 24, 1979; and any person who is operating a health facility, with the exception of a pharmacy, whose operations began prior to November 7, 1975, shall be entitled to have the Secretary issue a certificate of necessity and convenience without the requirement of the determination of public necessity and convenience and without the holding of a hearing.
History —Nov. 7, 1975, No. 2, p. 922, § 8, renumbered as § 7 and amended on July 26, 1979, No. 189, p. 521, § 3; renumbered as § 19 and amended on Sept. 19, 1983, No. 16, p. 385, § 10.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART I - Hospitals, Institutions, And Health Programs (§§ 1 — 343k) › Chapter 19 - Health Facilities (§§ 331 — 334j) › Subchapter III - Certificates of Necessity and Convenience (§§ 334 — 334j) › § 334h - Penalties

The violation of the provisions of §§ 334—334j of this title shall constitute a misdemeanor punishable by a fine of not more than five hundred dollars ($500) or a maximum term of imprisonment of six (6) months, or both penalties at the discretion of the court; Provided, That each day in violation of the provisions of §§ 334—334j of this title shall be deemed as a separate offense. The Secretary of the Department of Health is hereby empowered to impose administrative fines after due notice and hearing, for violations of §§ 334—334j of this title or the regulations or orders issued pursuant to the provisions of §§ 334—334j of this title. Each administrative fine imposed by the Secretary shall not exceed five thousand dollars ($5,000) and shall be paid by certified check issued to the Secretary of the Treasury. The product of said administrative fines shall be covered into the General Fund.
History —Nov. 7, 1975, No. 2, p. 922, § 9, renumbered as § 8 and amended on July 26, 1979, No. 189, p. 521, § 3; renumbered as § 20 and amended on Sept. 19, 1983, No. 16, p. 385, § 10; Aug. 8, 1998, No. 206, § 5.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART I - Hospitals, Institutions, And Health Programs (§§ 1 — 343k) › Chapter 19 - Health Facilities (§§ 331 — 334j) › Subchapter III - Certificates of Necessity and Convenience (§§ 334 — 334j) › § 334i - Injunction

The Secretary of Health may apply for an order of injunction from the Court of First Instance to permanently or temporarily stay any violations of §§ 334—334j of this title or of the regulations approved hereunder.
History —Nov. 7, 1975, No. 2, p. 922, § 10, renumbered as § 9 and amended on July 26, 1979, No. 189, p. 521, § 3; renumbered as § 21 and amended on Sept. 19, 1983, No. 16, p. 385, § 10.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART I - Hospitals, Institutions, And Health Programs (§§ 1 — 343k) › Chapter 19 - Health Facilities (§§ 331 — 334j) › Subchapter III - Certificates of Necessity and Convenience (§§ 334 — 334j) › § 334i-1 - Pre- and post-election periods

In order to protect the best interests of the parties, no requests for certificates of necessity and convenience may be filed, nor will the Department of Health make any determination on any matter related to these certificates, during pre- and post-election periods.
This prohibition shall include a period of two (2) months before and two (2) months after the general elections are held in Puerto Rico.
History —Nov. 7, 1975, No. 2, p. 922, added as § 21-A on July 18, 1986, No. 139, p. 441, § 2.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART I - Hospitals, Institutions, And Health Programs (§§ 1 — 343k) › Chapter 19 - Health Facilities (§§ 331 — 334j) › Subchapter III - Certificates of Necessity and Convenience (§§ 334 — 334j) › § 334j - Regulations

The Secretary shall promulgate regulations with force of law to establish all matters regarding the applications for certificates of necessity and convenience, and shall establish the standards to insure that the information required from the petitioners shall be that which is necessary and pertinent for the evaluation of the application.
Prior to the approval of the regulations, the Secretary shall hold public hearings, notifying the interested persons by publication in two newspapers of general circulation. The notice shall be published at least fifteen (15) days before the hearing is held. The Secretary shall promulgate the regulations within a period not to exceed six (6) months, counting from the date this act takes effect.
History —Nov. 7, 1975, No. 2, p. 922, added as § 10 on July 26, 1979, No. 189, p. 521, § 3; renumbered as § 22 and amended on Sept. 19, 1983, No. 16, p. 385, § 10.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART I - Hospitals, Institutions, And Health Programs (§§ 1 — 343k) › Chapter 20 - Air Contamination Control (§§ 341 — 341p) › § 341 - Short title

This chapter shall be known as the “Air Contamination Control Act”.
History —June 28, 1968, No. 157, p. 494, § 2, eff. 120 days after June 28, 1968.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART I - Hospitals, Institutions, And Health Programs (§§ 1 — 343k) › Chapter 20 - Air Contamination Control (§§ 341 — 341p) › § 341a - Definitions

(a) Air contaminator. — Means dust, smoke, fumes, gases, malodorous substances, particles of material, and any combination of same.
(b) Contamination of the air. — Means the presence in the atmosphere of one (1) or more air contaminators in such amount and for such period of time which is, or tends to be, injurious to the health or human well being, animal or vegetable life, or to property, or to that which unreasonably interferes with the enjoyment of life, property or commercial or industrial operations.
(c) Source of contamination. — Means any commercial, industrial, agricultural activities or of any other nature which initiates, generates or emits any air contaminator.
(d) Emission. — Means to discharge air contaminators into the atmosphere.
(e) Person. — Means any natural or [juridical] person, either public or private.
(f) Secretary. — Means the Secretary of Health of the Commonwealth or his authorized representative.
History —June 28, 1968, No. 157, p. 494, § 3, eff. 120 days after June 28, 1968.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART I - Hospitals, Institutions, And Health Programs (§§ 1 — 343k) › Chapter 20 - Air Contamination Control (§§ 341 — 341p) › § 341b - Administration of the chapter

The Secretary shall be the person responsible for the administration of this chapter. To such purpose he is authorized to create and organize a specialized unit within his Department to deal with the matters related to the control of air contamination.
History —June 28, 1968, No. 157, p. 494, § 4, eff. 120 days after June 28, 1968.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART I - Hospitals, Institutions, And Health Programs (§§ 1 — 343k) › Chapter 20 - Air Contamination Control (§§ 341 — 341p) › § 341c - Consulting Board

(a) A Consulting Board is hereby created to deal with the control of atmospheric contamination, to be composed of seven members appointed by the Governor with the suggestions of the Secretary and with the advice and consent of the Senate. The Board shall be composed of an engineer with knowledge and experience in matters related to atmospheric contamination; a doctor of medicine with knowledge of the effects of atmospheric contamination on the health; a person with urban and regional planning experience; two representatives from industry and commerce; and a representative of the citizenry in general. The Chairman of the Board shall be the Secretary.
(b) The initial appointment of three of the members of the Board shall be made for a term of four years and the three remaining members for a term of three years. Subsequent appointments shall be made for terms of four years. The members of the Board shall fulfill their functions until their successors have been appointed and qualify unless removed for just cause. In case of vacancies, the corresponding appointments shall be made for the remaining period of the term of the member which caused the vacancy.
The Board shall meet at least four (4) times a year and as many times as called by its Chairman; four (4) of its members shall constitute a quorum.
(c) The members of the Board shall not receive salaries but shall receive [a] per diem, with the exception of its Chairman, at the rate of twenty-five dollars ($25) per session which they attend, up to the amount of three thousand dollars ($3,000) per year for each one. They shall, also, have the right to reimbursement for travelling expenses, lodging and other expenses incurred in the fulfillment of their functions in accordance with the regulations in effect for other officers and employees of the Commonwealth of Puerto Rico.
(d) The functions of the Board shall be the following:
(1) Adopt, amend and repeal regulations to govern their internal operation.
(2) Consider the regulation projects which the Secretary proposes to adopt, in accordance with the provisions of this chapter and make its recommendations to the Secretary.
(3) Advise the Secretary on any matter related to the purposes of this chapter and make recommendations as to its administration.
History —June 28, 1968, No. 157, p. 494, § 5, eff. 120 days after June 28, 1968.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART I - Hospitals, Institutions, And Health Programs (§§ 1 — 343k) › Chapter 20 - Air Contamination Control (§§ 341 — 341p) › § 341d - Powers

The Secretary shall have the following powers:
(a) Adopt, amend and repeal regulations in accordance with the provisions of this chapter. This faculty shall not be delegated by the Secretary of Health.
(b) Hold hearings in connection with any matter covered by this chapter and compel the appearance of witnesses and the presentation of evidence.
(c) Issue whatever orders he considers necessary to achieve the purposes of this chapter, and to obtain its compliance through any administrative or judicial proceedings.
(d) Acquire, through contract, or by any other manner, the scientific, technical, administrative, and operational services necessary, including laboratory facilities.
(e) Prepare and develop a far-reaching plan for the prevention, diminution and control of atmospheric contamination in the Commonwealth of Puerto Rico.
(f) Encourage the cooperation of persons and groups to achieve the purposes of this chapter and for the carrying out of surveys and investigations related to the causes, effects, prevention, diminution and control of atmospheric contamination.
(g) Determine the degree of atmospheric contamination by means of studies and samples, including the effects of the emission of air contaminators of motor vehicles and to establish standards for the quality of the air.
(h) Solicit, gather and divulge information related to atmospheric contamination.
(i) Offer guidance related to atmospheric contamination to government agencies, their instrumentalities and political subdivisions, to industry and to any group or interested person.
(j) Answer questions about whether certain equipment or mechanism is a source of air contamination, or on its efficiency in preventing said contamination. This shall not relieve any person from complying with the provisions of this chapter or the regulations adopted by virtue of same.
(k) Perform agreements with federal, public or private entities to carry out joint programs and administer any donations or funds received from such entities with the purpose of fulfilling the purposes of this chapter. The funds so received shall be covered into the Treasury of the Commonwealth of Puerto Rico in the name of the Department of Health.
History —June 28, 1968, No. 157, p. 494, § 6, eff. 120 days after June 28, 1968.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART I - Hospitals, Institutions, And Health Programs (§§ 1 — 343k) › Chapter 20 - Air Contamination Control (§§ 341 — 341p) › § 341e - Classifications

The Secretary shall classify the sources of air contamination by means of regulations, considering the levels, types of emission and any other pertinent characteristics for the purposes of establishing the requirements for the control, prevention and diminution of air contamination. The requirements established by the Secretary may vary in their applicability to different areas of the Commonwealth, in consideration of factors such as number of inhabitants per square mile, proximity of poultry, livestock or agricultural industries, movement and direction of air, and any other relative factors. The Secretary shall make periodic revisions to the classifications established, and of their applicability to different areas, as the conditions of atmospheric contamination vary and the characteristics of such areas.
History —June 28, 1968, No. 157, p. 494, § 7, eff. 120 days after June 28, 1968.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART I - Hospitals, Institutions, And Health Programs (§§ 1 — 343k) › Chapter 20 - Air Contamination Control (§§ 341 — 341p) › § 341f - Reports

Every person who operates or is responsible for the operation of any source of air contamination, to whom the regulations of the Department of Health requires that he render some report to said Department, shall include in such reports information on the location, size and height of the source of air contamination, combustible used, periods of duration of the emissions and any other relevant data which may be required.
History —June 28, 1968, No. 157, p. 494, § 8, eff. 120 days after June 28, 1968.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART I - Hospitals, Institutions, And Health Programs (§§ 1 — 343k) › Chapter 20 - Air Contamination Control (§§ 341 — 341p) › § 341g - Measures for the control of contamination

(a) Every person who proposes to construct, establish or install new sources of contamination shall request the approval of the Secretary prior to the commencement of the works. The applicant shall furnish, together with his petition, the plans, specifications and any other information that the Secretary may require through regulation. If within the period of thirty (30) days after receiving the information required, the Secretary determines that the project does not comply with the requirements of law or of the applicable regulations, he shall issue a provisional order prohibiting the construction, installation or establishment of the contamination source. If such order is not issued within the aforementioned period, it shall be understood that the project is in accordance with the law and the applicable regulations.
(b) Any person responsible for a source of contamination existing when this law takes effect shall comply with its provisions within the term of six (6) months, reckoning from the date of its effectiveness, extendable for six (6) additional months through an application to the Secretary and subject to his discretion.
(c) Any officer or employee duly authorized by the Secretary may, upon prior permission of the owner or manager, and at any reasonable time, inspect a location or property on which sources of air contamination have been installed or constructed, or are being installed or constructed, with the purpose of determining whether the provisions of this chapter and the applicable regulations are being complied with. The owner or manager of the location inspected, if so requested, shall receive a report of the facts determined in relation to the fulfillment of the standards in effect.
(d) For the purposes of this chapter, any addition, enlargement, replacement or considerable alteration of a source of air contamination shall be considered as a construction, installation or establishment of a new source of air contamination.
(e) Nothing herein provided shall be construed as authorizing the Secretary to require the use of machinery or equipment of one supplier or manufacturer in particular, if the required levels of operation can be obtained by other machinery or equipment available in the market.
History —June 28, 1968, No. 157, p. 494, § 9, eff. 120 days after June 28, 1968.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART I - Hospitals, Institutions, And Health Programs (§§ 1 — 343k) › Chapter 20 - Air Contamination Control (§§ 341 — 341p) › § 341h - Orders

(a) When the Secretary has sufficient evidence to conclude that any provision of this chapter or of the applicable regulations are being violated, he shall notify in writing the alleged violator or violators. The notification may include an order for the corrective action necessary to be taken, and said order shall be final unless the persons concerned request in writing a hearing before the Secretary.
(b) Apart from the administrative action that the Secretary may take, he shall be able to refer the case to the Secretary of Justice in those cases in which he understands that there exists a violation of this chapter or of the regulations adopted by virtue of same, so that he may initiate any corresponding penal action.
(c) Any order given in accordance with the provisions of this section shall indicate the date or dates on which the violation or violations should cease and the time limits during which the necessary action should be taken for the prevention, diminution and control of the emissions.
(d) Nothing herein provided shall hinder the Secretary from taking the necessary actions to obtain the voluntary fulfillment of the provisions of same.
History —June 28, 1968, No. 157, p. 494, § 10, eff. 120 days after June 28, 1968.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART I - Hospitals, Institutions, And Health Programs (§§ 1 — 343k) › Chapter 20 - Air Contamination Control (§§ 341 — 341p) › § 341i - Emergency procedures

(a) Notwithstanding that disposed by other provisions of this chapter, if the Secretary considers that a general contamination of atmospheric conditions exists or that any source of contamination is causing imminent danger to the public health and safety, he may order the persons who are causing or contributing to said contamination to reduce or immediately discontinue the emission of air contaminators. With the order, the Secretary shall notify the persons concerned of the holding of a hearing, which shall be held not later than forty-eight (48) hours following the issuance of the order. Immediately after the holding of said hearing, the Secretary shall confirm, modify or leave without effect the order so issued.
(b) Nothing herein provided shall be construed as limiting the power of any other officer empowered by law to declare an emergency situation and to act according to such a declaration.
History —June 28, 1968, No. 157, p. 494, § 11, eff. 120 days after June 28, 1968.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART I - Hospitals, Institutions, And Health Programs (§§ 1 — 343k) › Chapter 20 - Air Contamination Control (§§ 341 — 341p) › § 341j - Dispensation

(a) Any person who owns or is in control of any factory, building, structure, establishment of equipment which constitutes or may constitute a source of contamination, may request from the Secretary to be exempted from the application of the provisions of this chapter or the regulations adopted thereunder. The Secretary shall only be able to grant such dispensation if after a duly notified public hearing is held he determines that:
(1) The emissions do not affect nor tend to affect public health, safety or property, or
(2) the compliance with this chapter or the regulations would produce serious inconveniences to the interested party without creating equal or greater benefits to the public, or
(3) the means for the adequate prevention, diminution or control, of the atmospheric contamination in question are not known or are not available; the dispensation shall be in effect until such means are available for the applicant and shall be subject to any other substitute measure prescribed by the Secretary, or
(4) in order to comply with the provisions of this chapter or the regulations, a determined period of time is required; the dispensation shall be granted for that period of time deemed reasonable by the Secretary for the compliance with said requirement.
(b) Any dispensation granted in accordance with the provisions of this section shall be subject to review by the Secretary when he so deems convenient. Furthermore, it shall be subject to renewal under the terms and conditions and for the periods deemed convenient by the Secretary, provided, that the renewal is requested not less than sixty (60) days prior to the expiration of same. The Secretary shall make public all renewal applications.
(c) Nothing herein provided, nor any granting of dispensation or renewal of same shall be construed as limiting the application to any person or to his properties of the provisions and emergency procedures outlined in § 341i of this title.
History —June 28, 1968, No. 157, p. 494, § 12, eff. 120 days after June 28, 1968.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART I - Hospitals, Institutions, And Health Programs (§§ 1 — 343k) › Chapter 20 - Air Contamination Control (§§ 341 — 341p) › § 341k - Public hearings

(a) The Secretary shall not adopt any regulation or amendment or repeal any of same prior to the holding of a public hearing on the matter, duly notified and without having given the Consulting Board an opportunity to consider the matter and to make their recommendations to that respect.
(b) Every person affected by an order of the Secretary may request a public hearing within fifteen (15) days following the notification of the order. Said hearing shall be held within thirty (30) days after receiving the petition.
(c) The Secretary, at his discretion, may hold a hearing so that the alleged violator or violators of any of the provisions of this chapter or of the regulations may appear before him with the purpose of answering the accusations of the violations. Said hearing shall be held at any time prior to the effective date of the order issued.
(d) After the holding of a hearing, in accordance with the provisions in subsections (b) and (c) of this section, the Secretary shall confirm or modify the order previously issued, or shall leave it without effect, if he considers that no violation has been committed.
History —June 28, 1968, No. 157, p. 494, § 13, eff. 120 days after June 28, 1968.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART I - Hospitals, Institutions, And Health Programs (§§ 1 — 343k) › Chapter 20 - Air Contamination Control (§§ 341 — 341p) › § 341l - Judicial review

Every person affected by an order of the Secretary in accordance with the provisions of this chapter may file a petition for review before the Court of First Instance of Puerto Rico within thirty (30) days after the date of receiving the Secretary’s decision.
The court shall determine whether an error in law has been committed and shall confirm, modify, or leave without effect the order issued by the Secretary. The final judgment decreed by the Court of First Instance shall be subject to review by the Supreme Court of Puerto Rico through certiorari or judgment rendered at its discretion.
The petition for review shall suspend the fulfillment of the order unless the court specifically orders the contrary and except orders issued under the provisions of § 341i of this title.
History —June 28, 1968, No. 157, p. 494, § 14, eff. 120 days after June 28, 1968.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART I - Hospitals, Institutions, And Health Programs (§§ 1 — 343k) › Chapter 20 - Air Contamination Control (§§ 341 — 341p) › § 341m - Confidentiality of documents

The documents or information submitted to the Secretary by the owners or managers of air contamination sources which are related to the production or elaboration processes, with information on the volume of sales or which could adversely affect the competitive position of such owner or manager, shall be only for the confidential use of the Secretary, unless the owner or manager expressly consents that same be published or be available to the public. This shall not be construed as hindering the use of such documents or information by the Secretary for the purpose of compiling or publishing analysis or summaries related to the general atmospheric condition, provided that same are not identified, nor can be identified with a particular owner or manager.
History —June 28, 1968, No. 157, p. 494, § 15, eff. 120 days after June 28, 1968.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART I - Hospitals, Institutions, And Health Programs (§§ 1 — 343k) › Chapter 20 - Air Contamination Control (§§ 341 — 341p) › § 341n - Contamination by motor vehicles

(a) The Secretary is hereby authorized to provide through regulations for the control of emissions by motor vehicles. Such regulations may establish the requirements for the installation and use of equipment designed to diminish or eliminate emissions, and for the adequate maintenance of such equipment. Same shall be adopted to the federal provisions on the control of emissions from motor vehicles. The inspection or certification of any equipment created to control the emissions of motor vehicles shall not be required as a precedent condition upon the initial sale of a vehicle, if such equipment has been certified or approved in accordance with federal legislation.
(b) No person shall cease to maintain in good condition or remove or render inoperable any equipment required by the Secretary through regulation for the control of emissions of a motor vehicle. If so done, the license of said vehicle may be revoked, through the procedure provided for in Act No. 141 of July 20, 1960, known as the Vehicle and Traffic Law of Puerto Rico.
(c) For the purposes of implementing the provisions of this section, the Secretary shall provide the agency in charge of the administration of the Vehicle and Traffic Law, Act No. 141 of July 20, 1960, of all the technical information necessary for the control of the emissions from motor vehicles.
History —June 28, 1968, No. 157, p. 494, § 16, eff. 120 days after June 28, 1968.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART I - Hospitals, Institutions, And Health Programs (§§ 1 — 343k) › Chapter 20 - Air Contamination Control (§§ 341 — 341p) › § 341o - Penalties

(a) Any person who violates the provisions of this chapter or of the regulations adopted by virtue thereof, with the exception of §§ 341m and 341n of this title shall incur a misdemeanor. Each day of said violation shall constitute a different and separate crime.
(b) Any person who voluntarily and maliciously violates the provisions of § 341m of this title shall incur a fourth degree felony.
History —June 28, 1968, No. 157, p. 494, § 17; Sept. 16, 2004, No. 372, § 1.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART I - Hospitals, Institutions, And Health Programs (§§ 1 — 343k) › Chapter 20 - Air Contamination Control (§§ 341 — 341p) › § 341p - Limitations

Nothing herein provided shall be construed to mean:
(a) Confers on the Secretary power in relation to the air contamination that may exist exclusively within a commercial or industrial plant.
(b) Hinders, limits or confers the right of any person to obtain compensation for damages caused to him or to his property, or to use any existing legal remedy to prevent same.
History —June 28, 1968, No. 157, p. 494, § 18, eff. 120 days after June 28, 1968.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART I - Hospitals, Institutions, And Health Programs (§§ 1 — 343k) › Chapter 20A - Medical Services Administration (§§ 342 — 342r) › § 342 - Short title

This chapter shall be known as the “Puerto Rico Medical Services Administration Act”.
History —June 22, 1978, No. 66, p. 203, § 1.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART I - Hospitals, Institutions, And Health Programs (§§ 1 — 343k) › Chapter 20A - Medical Services Administration (§§ 342 — 342r) › § 342a - Definitions

The following phrases and terms shall have the meanings set forth hereinafter:
(1) Administration. — The Puerto Rico Medical Services Administration created by this chapter.
(2) Secretary. — The Secretary of Health of the Commonwealth of Puerto Rico.
(3) Department. — The Department of Health of the Commonwealth of Puerto Rico.
(4) Consumer institutions. — Institutions located on lands of the Administration, which use the services thereof and/or render basic medical and hospital care services, training, education and research in the field of health.
(5) Central services. — All those auxiliary medical services, commercial type services and administrative services rendered by the Administration and purchased by consumer institutions.
(6) Corporation. — The Puerto Rico Medical Center Services Corporation was created by Act No. 196 of June 26, 1962, which was repealed by Act June 22, 1978, No. 66.
(7) Board of the Puerto Rico Medical Center Participating Entities. — The Board constituted by the chief executives of the entities that operate one (1) or more institutions in the Medical Center and by two (2) consumers of health services and the Chairperson of the Administration and Medical Policy Committee.
(8) Administration and Medical Policy Committee. — The body constituted by the medical directors and leading administrators of consumer institutions and which shall be the forum to identify, attend to and solve the problems and circumstances of said institutions in their interaction with the Administration, and among themselves, for the purpose of achieving the most effective inter-institutional coordination and cooperation.
(9) Participating entities. — The bodies or instrumentalities that operate one (1) or more institutions and services facilities in the Medical Center.
(10) Medical Center. — The system of medical-hospital, teaching and research institutions located at Barrio Monacillos in the Municipality of San Juan, as specified in § 342e of this title.
History —June 22, 1978, No. 66, p. 203, § 2; July 9, 1985, No. 99, p. 321, § 3.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART I - Hospitals, Institutions, And Health Programs (§§ 1 — 343k) › Chapter 20A - Medical Services Administration (§§ 342 — 342r) › § 342b - Creation; exemption from taxes and duties

The Puerto Rico Medical Services Administration is hereby created as an instrumentality of the Government of the Commonwealth of Puerto Rico, attached to the Department of Health of the Commonwealth of Puerto Rico, independent and separate from any other administration or body created or to be created in the future in the Department of Health and which shall be under the direction and supervision of the Secretary of Health. Said Administration shall have a separate juridical personality apart from every official thereof as well as from the Government of the Commonwealth of Puerto Rico and its agencies, instrumentalities, public corporations and political subdivisions. The powers of the Administration shall be conferred on and be exercised by the Secretary with the advice of the Board of Participating Entities and with its consent on matters specified in § 342d of this title.
The Administration shall be exempted from the payment of any kind of taxes, duties, fees, tariffs or charges, including those for licenses, taxes or those imposed by the Commonwealth of Puerto Rico or any of its political subdivisions or its municipalities, including all its operations, real and personal properties, its capital, revenues and surpluses.
The Administration is also exempted from the payment of any kind of fees or taxes required by law for the prosecution of judiciary proceedings, the [issuance] of certifications in all offices and dependencies of the Government of the Commonwealth of Puerto Rico and the execution and registration of public documents in any public registry of Puerto Rico.
History —June 22, 1978, No. 66, p. 203, § 3; July 9, 1985, No. 99, p. 321, § 4; July 21, 2006, No. 132, § 1.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART I - Hospitals, Institutions, And Health Programs (§§ 1 — 343k) › Chapter 20A - Medical Services Administration (§§ 342 — 342r) › § 342c - Organization, operation and administration of services

The Administration hereby created shall be charged with the organization, operation and administration of the central services operated by the Corporation. It shall also be charged with the coordination of the Medical Center member institutions through its Executive Director and Administration and Medical Policy Committee created by this chapter so that they may function as one system.
History —June 22, 1978, No. 66, p. 203, § 4; July 9, 1985, No. 99, p. 321, § 5.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART I - Hospitals, Institutions, And Health Programs (§§ 1 — 343k) › Chapter 20A - Medical Services Administration (§§ 342 — 342r) › § 342d - Board of Medical Center Participating Entities; creation and members; Executive Director

The Puerto Rico Medical Center Participating Entities Board is hereby created, which shall be constituted by the following members: the Secretary of Health of Puerto Rico, the Dean of the Medical Sciences School of the University of Puerto Rico, the Chairperson of the Board of Directors of the Puerto Rican League Against Cancer, the Mayor of San Juan, the Administrator of the State Insurance Fund, the Secretary of the Family, the Administrator of Mental Health and Addiction Services, and two (2) consumers appointed by the Secretary of Health. The Chairperson of the Medical Administration and Policy Committee appointed by virtue of the provisions of § 342r of this title shall also be a member. The Secretary of Health shall be Chairperson of the Board. Attendance by the members of this Board to its meetings cannot be delegated.
The initial terms of office of the two (2) members that represent the consumers shall be one for three (3) years, and the other for four (4) years and until their successors have been appointed and have taken office. As their terms expire, their successors shall be appointed for a term of four (4) years.
Any vacancy that occurs in the office of these members shall be filled in the same way within a period of ninety (90) days after the date the vacancy occurs, for a term of four (4) years.
The Board of Participating Entities shall appoint an Executive Committee composed of three (3) of its members to which it shall delegate those responsibilities and functions related to the day-to-day operations of the centralized services and the coordination of the Medical Center member institutions, in such a manner that the decision-making process in which the Board must intervene is expedited.
The Administration shall have an Executive Director, appointed by the Secretary with the advice of the Board and the approval of the Governor of Puerto Rico, who will hold office at the Secretary’s will until his successor is appointed. The Executive Director shall be the chief executive of the Administration; he shall represent the Administration in all acts and the contracts that must be executed in the exercise of the functions thereof, and shall perform the duties and have the responsibilities, powers and authority delegated to him by the Secretary. The Executive Director shall attend the meetings of the Board. The salary of the Executive Director shall be fixed by the Secretary with the approval of the Governor of Puerto Rico.
The Board may delegate any of its powers, except the power to regulate, to the Executive Director or other employees of the Administration.
History —June 22, 1978, No. 66, p. 203, § 5; July 9, 1985, No. 99, p. 321, § 6; July 12, 1986, No. 124, p. 398, § 1; June 29, 1994, No. 36, § 1.