reglab/statecodes huggingface dataset:
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 67 - Puerto Rico Infrastructure Financing Authority Act (§§ 1901 — 1923) › § 1915a - Fresh Water Control Revolving Fund

A rotating fund which shall be known as the “Puerto Rico Potable Water Rotating Fund” is hereby created which shall be constituted independently and separately from any other fund or resource of the Commonwealth, or the Puerto Rico Infrastructure Financing Authority, according to the provisions of, and for the exclusive purposes established by Title I of the Federal Clean Water Act. The Authority is authorized to assist the Department of Health of Puerto Rico or the Environmental Quality Board in administering the Commonwealth Potable Water Rotating Fund, pursuant to Title I of the Federal Clean Water Act, and for that, without it being construed as a limitation, it shall have the power to receive from the Department of Health of Puerto Rico or from the Environmental Quality Board, capital grants under said act, and matching funds from the Commonwealth required under Title I of the Clean Water Act, deposit said grants and matching funds in the Commonwealth Potable Water Rotating Fund; execute loan contracts and lend the moneys deposited in the Commonwealth Potable Water Rotating Fund to qualified borrowers under Title I of the Federal Clean Water Act, or use said monies in any other way permitted by said act; structure any financing program and issue bonds for said programs; supervise the repayment by the recipients of the Commonwealth Potable Water Rotating Fund monies, and peform any other things required by the Federal Clean Water Act, with regard to the administration of the Commonwealth Potable Water Rotating Fund, as provided in any agreement signed by the Puerto Rico Infrastructure Financing Authority, the Department of Health and the Environmental Quality Board, regarding the administration of the Commonwealth Potable Water Rotating Fund.
History —June 21, 1988, No. 44, added as § 16-A on July 7, 1997, No. 32, § 6; renumbered as § 26-A on June 24, 1998, No. 92, § 18.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 67 - Puerto Rico Infrastructure Financing Authority Act (§§ 1901 — 1923) › § 1916 - Reports

The Authority shall render to the Legislature and the Governor of Puerto Rico a quarterly report which shall include the following:
(a) A financial statement and complete report of the business of the Authority for the preceding quarter.
(b) A complete and detailed description of all its contracts and transactions for the quarter corresponding to the report.
(c) Complete information on the status and progress of all its financings and activities up to the date of its last report.
History —June 21, 1988, No. 44, § 17, renumbered as § 27 on June 24, 1998, No. 92, § 18.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 67 - Puerto Rico Infrastructure Financing Authority Act (§§ 1901 — 1923) › § 1917 - Legislative monitor

Due to the nature of the exceptional faculties and powers conferred upon the Authority by this chapter and the pressing public interest of everything related to Puerto Rico’s infrastructure facilities, the Legislature by agreement of the Presidents of each body thereof shall designate a qualified natural or juridical person to inform the Legislative Assembly of the progress and resolution of the problems which this chapter attempts to address through the Authority’s interaction with any benefited entity.
The Authority and each benefited entity shall be obligated to furnish to the Legislative monitor copies of the documents, registers, books or accounts concerning all matters leading to the Authority’s intervention with the benefited entity. They will also allow the Legislative monitor, after due notice from the latter, to inspect the infrastructure facilities of the benefited entity or those under the Authority’s control. Likewise, they will provide copies of the documents, registers, books or accounts he may request free of charge. The provisions of this section shall not be interpreted as a limitation of the broad investigative powers of the Legislature, and the specific functions, responsibilities and duties of the Legislative monitor shall be established by the Legislature.
History —June 21, 1988, No. 44, § 18, renumbered as § 28 on June 24, 1998, No. 92, § 18.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 67 - Puerto Rico Infrastructure Financing Authority Act (§§ 1901 — 1923) › § 1918 - Funds and accounts

All moneys of the Authority shall be deposited in depositories qualified to receive funds of the Commonwealth, but they shall be kept in a separate account or accounts in the name of the Authority. The disbursements shall be made by it pursuant to regulations and budgets approved by the Authority.
The Authority shall establish, pursuant to generally accepted accounting principles, the accounting system required for the proper statistical control and recording of all expenses and income belonging to, managed, or controlled by the Authority. The Authority’s accounting records appropriately shall be kept in such manner so as to identify the accounts and maintain them separate, insofar as advisable, with regard to the different kinds of undertakings and activities of the Authority.
History —June 21, 1988, No. 44, § 19, renumbered as § 29 on June 24, 1998, No. 92, § 18.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 67 - Puerto Rico Infrastructure Financing Authority Act (§§ 1901 — 1923) › § 1919 - Bonds, legal investments and collateral

The bonds of the Authority shall be lawful investments and may be accepted as collateral for all fiduciary, trust, and public funds whose investment or deposit shall be under the authority or control of the Government of Puerto Rico or any officer or official thereof.
History —June 21, 1988, No. 44, § 20, renumbered as § 30 on June 24, 1998, No. 92, § 18.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 67 - Puerto Rico Infrastructure Financing Authority Act (§§ 1901 — 1923) › § 1920 - Penalties

The directors, officers and employees of the Authority and of any benefited entity who, in the performance of their functions, duties and responsibilities under this chapter are guilty of conduct classified as an offense against public office shall be subject to the applicable penalties established in Sections 200—215 of the Penal Code of 1974.
History —June 21, 1988, No. 44, § 21, renumbered as § 31 on June 24, 1998, No. 92, § 18.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 67 - Puerto Rico Infrastructure Financing Authority Act (§§ 1901 — 1923) › § 1921 - Norms for the interpretation of this chapter

The powers and faculties conferred upon the Authority by this chapter shall be interpreted liberally so as to propitiate the development and implementation of the public policy enunciated in this chapter.
History —June 21, 1988, No. 44, added as § 32 on June 24, 1998, No. 92, § 19.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 68 - Special Provisions for Emergency Proceedings (§§ 1931 — 1945) › § 1931 - Definitions

For the purposes of this chapter, the following terms and phrases shall have the meaning set forth below:
(a) Emergency. — Is any serious abnormality such as a hurricane, tidal wave, earthquake, volcanic eruption, drought, fire, explosion, or any other kind of catastrophe, or any serious disruption of the public law and order, or an attack by enemy forces through sabotage or through the use of bombs, artillery or explosives of any nature, or by atomic, radiological, chemical, or bacteriological means, or by any other means that the enemy may use in any part of the territory of the Commonwealth of Puerto Rico, that merits the mobilization and extraordinary use of human and economic resources to remedy, avoid, prevent or diminish the severity or magnitude of the damages caused or that could be caused. Likewise, the term “emergency” covers any event or grave problems of deterioration in the physical infrastructure for the rendering of essential services to the people, or that endangers the life, public health, or safety of the population or of a sensitive ecosystem.
(b) Agency. — Is any board, body, board of examiners, public corporation, commission, independent office, division, administration, bureau, department, authority, official, person, entity, municipality, or any instrumentality of the Commonwealth of Puerto Rico, or an administrative body authorized by law to perform duties of regulating, investigating, or that may issue a decision, or with the power to issue licenses, certificates, permits, concessions, accreditations, privileges, franchises, accuse or award, except the Senate and the House of Representatives of the Legislature and the Judicial Branch.
History —May 5, 2000, No. 76, § 1.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 68 - Special Provisions for Emergency Proceedings (§§ 1931 — 1945) › § 1932 - Special procedure for granting permits

For the duration of an emergency so declared through an Executive Order by the Governor of Puerto Rico under Section 18 of Act No. 22 of June 23, 1976, or the President of the United States of America, those works that are intimately related to the problem, or that respond to an immediate solution to the situation created by the emergency, which entail the issuing of a permit, endorsement, consultation and/or certification, the government agencies involved in the processing of such permits, endorsements, consultations and/or certifications, shall have to abide by the provisions of this chapter, and shall be exempt from the compliance of the terms and procedures established §§ 62 et seq. of Title 23, known as the “Puerto Rico Planning Board Organic Act”, Act No. 76 of June 24, 1975, known as “Regulations and Permits Administration Organic Act”, §§ 4001 et seq. of Title 21, known as “Commonwealth of Puerto Rico Autonomous Municipalities Act of 1991”, and §§ 2101 et seq. of this title, known as the “Commonwealth of Puerto Rico Uniform Administrative Procedures Act”, and the regulations promulgated thereunder. The agencies are hereby authorized to establish alternate procedures and terms to expedite the granting of permits, endorsements, consultations and/or certifications related to the solution of the emergencies thus declared. The Executive Order shall establish the geographic area, the intensity and extent of the damages, and the public works or government function that must be urgently reinforced or protected.
History —May 5, 2000, No. 76, § 2.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 68 - Special Provisions for Emergency Proceedings (§§ 1931 — 1945) › § 1933 - Term to present endorsement or opposition

All the government agencies involved in the projects presented under the provisions of this chapter, and from which the Planning Board requests comments and/or endorsements, shall have a non-deferrable term of five (5) working days from the request for comments and/or endorsements, to present their endorsement or opposition to the request to be evaluated. Should no answer be received, after said term of five (5) working days has elapsed, the proposal shall be deemed as endorsed.
This transaction shall be carried out at the Expedited Transactions Center of the Planning Board.
History —May 5, 2000, No. 76, § 3.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 68 - Special Provisions for Emergency Proceedings (§§ 1931 — 1945) › § 1934 - Term to evaluate environmental document

A term of ten (10) working days from the moment the corresponding environmental document is filed by the government agency that is responsible therefor is hereby established, to allow the Environmental Quality Board to state its approval or objection pursuant to the provisions of Act No. 9 of June 18, 1970, known as “Environmental Public Policy Act”. This term may be deferred, in order to harmonize it with the factual reality of the probable date of the beginning of the works or the termination of the studies required by the Environmental Quality Board from the appropriate agency. The evaluation of said environmental document shall be carried out by one (1) Interagency Subcommittee on Expedited Environmental Regulations to be created in the Executive Order that declares the emergency, whose representatives shall have the power to evaluate and adjudicate the possible environmental impact that the projects to be developed could have. The corresponding government entity shall present the documents and information related to the evaluation of the environmental documents that are requested. Likewise, the participation on the Interagency Subcommittee could be required of a representative of the Department of Natural and Environmental Resources, the Puerto Rico Water Company, the Electric Power Authority, and any other agency, public corporation, government instrumentality, and municipality, determined by the Chairman of the Environmental Quality Board.
In extraordinary situations, the majority vote of the Interagency Subcommittee may extend the term to evaluate and adjudicate the possible environmental impacts, up to a period no greater than forty-five (45) days.
History —May 5, 2000, No. 76, § 4.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 68 - Special Provisions for Emergency Proceedings (§§ 1931 — 1945) › § 1935 - Site selection—Term of evaluation

Once the corresponding government entity files a site selection consultation in compliance with Act No. 9 of June 18, 1970 before the Planning Board, the Planning Board shall have a nondeferrable term of fifteen (15) working days to evaluate the site selection consultation thus filed.
History —May 5, 2000, No. 76, § 5.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 68 - Special Provisions for Emergency Proceedings (§§ 1931 — 1945) › § 1936 - Site selection—Term to consider the project

Once the site selection consultation is approved, the corresponding government agency shall submit the project for the consideration of the Regulations and Permits Administration. The Administration shall have five (5) working days to evaluate and issue the corresponding permits, once the project has been filed.
History —May 5, 2000, No. 76, § 6.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 68 - Special Provisions for Emergency Proceedings (§§ 1931 — 1945) › § 1937 - Administrative orders; exemption

The government agencies are hereby authorized to issue the necessary administrative orders to enforce and comply with the purposes of this chapter.
The projects that are to be carried out under the provisions of this chapter, shall be exempted from the payment of any stamp, voucher, or duty required for the granting of permits, endorsements, consultations and/or certifications.
History —May 5, 2000, No. 76, § 7.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 68 - Special Provisions for Emergency Proceedings (§§ 1931 — 1945) › § 1938 - Notification

In every procedure in which it is required to notify the interested parties, it shall be sufficient to publish only one (1) single notice in two (2) newspapers of general circulation. Furthermore, a sign shall be placed in a site of prominent exposure that indicates, among other things, the purpose of the work or project, the Internet address, and the telephone number of the appropriate agency.
History —May 5, 2000, No. 76, § 8.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 68 - Special Provisions for Emergency Proceedings (§§ 1931 — 1945) › § 1939 - Priority

The projects that are to be executed under the provisions of this chapter shall have priority in the programming of all the government agencies. The projects shall be processed directly with the corresponding government agencies, regardless of the fact that the municipalities may have agreements for the transfer of hierarchy.
History —May 5, 2000, No. 76, § 9.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 68 - Special Provisions for Emergency Proceedings (§§ 1931 — 1945) › § 1940 - Executive Order; application

The emergency situations or events that entail the performance of works, projects, or programs that do not require the issuing of any permit, endorsement, consultation and/or certification, shall be governed by the provisions of the executive order issued by the Governor of Puerto Rico declaring said state of emergency, and throughout its duration.
History —May 5, 2000, No. 76, § 10.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 68 - Special Provisions for Emergency Proceedings (§§ 1931 — 1945) › § 1941 - Regulations, orders and contracts

In emergency situations, the Governor shall promulgate, amend, and revoke those regulations; promulgate, amend, and rescind those orders, and rescind or resolve those agreements, contracts or part thereof that he or she deems are convenient or necessary to govern during the state of emergency.
History —May 5, 2000, No. 76, § 11.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 68 - Special Provisions for Emergency Proceedings (§§ 1931 — 1945) › § 1942 - Effectiveness of Executive Orders

The Executive Orders issued by the Governor under the provisions of this chapter, to declare emergencies, shall be effective for no longer than six (6) months. The Governor may, through an Executive Order, authorize the continuation of the state of emergency for the time deemed appropriate, without exceeding the term of his/her office. Any transactions, processes, projects, works or programs started during the effective term of an Executive Order under this chapter, shall expire as provided in the process set forth in the same, regardless of the fact that the term provided in the Executive Order has expired, insofar that the Governor does not provide otherwise. During said period of time, the Legislature shall pass judgment on the content of the orders and may delimit their scope through the mechanism of the Concurrent Resolution.
History —May 5, 2000, No. 76, § 12; Mar. 14, 2011, No. 32, § 1.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 68 - Special Provisions for Emergency Proceedings (§§ 1931 — 1945) › § 1943 - Review; order to stay authorization

The only remedy available to the party adversely affected by any resolution or order issued by any agency shall be to file a request for review before the Circuit Court of Appeals. Any request for judicial review by the administrative agency concerned shall be presented before said court, within the jurisdictional term of twenty (20) calendar days from the date that a copy of the notice of the resolution or final order of the agency has been filed for the record. The appellant party shall notify the presentation of the request for revision to the appealed agency, and to all the interested parties, within the established term; Provided, That compliance with said notice shall be jurisdictional in nature.
The issuing of a writ of review shall not stay the authorization or the execution of a work, nor the implementation of a rule, regulation, order, resolution, determination, processing, awarding, or effectiveness of any permit, endorsement, or certification of an agency or official; the adjudication of an auction, or the granting of a contract issued or emerging from the projects that are to be carried out, unless the court expressly orders it, in order to prevent an irreparable damage, after having considered a motion in aid of jurisdiction to such effects.
In order for the court to issue such order, the petitioning party must prove that it is indispensable for the protection of the court’s jurisdiction; that it has a great probability of prevailing on the merits; that the order to stay will not cause substantial damage to the other parties; that it will not impair the public interest; that there is no reasonable alternative to avoid the alleged damages; and that the damage can not be compensated by granting a monetary remedy or any other adequate legal remedy, all of this in accordance with the provisions of the 1933 Code of Civil Procedure, Title 32.
Any order of the court shall only affect the component or components of the project that are subject to controversy in the case, and in which a substantial damage is involved.
History —May 5, 2000, No. 76, § 13.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 68 - Special Provisions for Emergency Proceedings (§§ 1931 — 1945) › § 1944 - Supremacy of the provisions of this chapter

The provisions of this chapter shall prevail over any general or special provision of law or regulation that is inconsistent therewith. However, it is provided that for the awarding of contracts pursuant to this chapter, all the requirements for contracting with the Government of Puerto Rico shall be met. No documents or certifications to be issued by the Government of Puerto Rico shall be delayed more than five (5) days.
History —May 5, 2000, No. 76, § 14.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 68 - Special Provisions for Emergency Proceedings (§§ 1931 — 1945) › § 1945 - Interpretation

The interpretation of the provisions of this chapter to elucidate cases or controversies presented before the agencies or courts of the Government of Puerto Rico, shall be in the broadest sense possible, in order to achieve the effective implementation of the public policy contained herein.
History —May 5, 2000, No. 76, § 16.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 69A - Office of the Advocate for the Elderly (§§ 1976 — 1976m) › § 1976 - Definitions

For the purposes of this chapter, the following terms shall have the meaning stated below:
(a) Public agency. — Means any department, board, commission, division, office, bureau, administration, public corporation or subsidiary thereof, municipality or instrumentality of the Commonwealth of Puerto Rico, including any of its officials, employees or members who act or appear to act within the performance of their official duties.
(b) Advisory Council. — Means the Elderly Affairs Advisory Council created by virtue of this chapter.
(c) Private entity or institution. — Means any association, organization, institute, or natural or juridical person that renders, offers or provides any service or activity or that administers or develops a program in relation to the elderly in Puerto Rico, and regardless of whether it receives or not [sic] any financial contribution from the Government of the Commonwealth of Puerto Rico or funds from programs of the government of the United States of America which are contemplated in federal laws for the benefit, attention and protection of these persons.
(d) Governor. — Means the Governor of the Commonwealth of Puerto Rico.
(e) Office. — Means the Office of the Advocate for the Elderly.
(f) Elderly person. — Means any person aged sixty (60) or over.
(g) Advocate. — Means the Advocate for the Elderly, which position is being created by virtue of this chapter.
History —Aug. 7, 2004, No. 203, § 2; Jan. 23, 2006, No. 28, § 1.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 69A - Office of the Advocate for the Elderly (§§ 1976 — 1976m) › § 1976a - Office—Creation

The Office of the Advocate for the Elderly is hereby created as a juridical entity independent and separate from any other public agency or entity. Said Office, to be directed by the Advocate, shall have, among other functions provided for in this chapter, the responsibility of serving as a coordinating means to make solutions viable to address the problems, needs and claims of the elderly in the areas of education, health, employment, civil and political rights; social, labor and tax legislation; housing, transportation, recreation and culture, among others. Likewise, it shall be responsible for establishing and carrying out an assistance, orientation and advisory program for the protection of the rights of the elderly.
In addition, it shall be the body that shall oversee, investigate, regulate, plan and coordinate with the various public agencies and/or private entities, the design and development of the projects and programs intended to address the needs of the elderly population conforming to the public policy stated by virtue of this chapter, Public Law No. 89-73 of July 14, 1965, as amended, known as the “Older American Act of 1965”, §§ 341 et seq. of Title 8, better known as the “Bill of Rights of the Elderly”, and any other special law that thus empowers it, in order to propitiate the enjoyment of a full and productive life and attain greater involvement of these persons in the community. Furthermore, it shall oversee the implementation and the compliance of public agencies with the public policy that concerns this sector of the population.
History —Aug. 7, 2004, No. 203, § 4.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 69A - Office of the Advocate for the Elderly (§§ 1976 — 1976m) › § 1976b - Position of Advocate for the Elderly—Creation

The position of Advocate for the Elderly is hereby created, to be appointed by the Governor with the advice and consent of the Senate of the Commonwealth of Puerto Rico for a ten (10)-year term, until his/her successor is appointed and takes office.
The compensation for the position of Advocate shall be fixed by the Governor, taking into consideration what is established for the Secretaries of Executive Departments. The person thus appointed shall be of recognized professional capability, independence of thought, and moral probity. In addition, this position may only be held by a person with knowledge and/or experience in public administration, government procedure, and services for the elderly, and furthermore, he/she shall have studied and obtained a graduate college degree in gerontology. He or she may avail him/herself of the benefits established in [§§ 761 et seq. of this title, which establishes] the Retirement System of the Employees of the Government of Puerto Rico and its government entities or dependencies. He or she shall also be a resident of Puerto Rico for at least five (5) years immediately before the date of his/her appointment. No person who has held an elective office or an executive office which requires the confirmation of the Senate of the Commonwealth of Puerto Rico may be appointed, during the term for which he/she was elected or designated, to hold the position of Advocate for the Elderly.
The Governor, without this undermining his/her constitutional prerogatives, may request and receive recommendations from the government sector and from groups identified with the rights of the elderly on possible candidates to fill the position.
The Governor, after notice and hearing, may declare a vacancy in the position of the Advocate due to physical or mental disability which impairs him/her in the performance of the functions of the position, due to negligence in the performance of his/her duties or due to an omission in the compliance of duty. In addition, the commission of and conviction for any crime against public office, against the public treasury and/or any felony, shall constitute causes for removal from the position.
In case of sickness or temporary absence of the Advocate, the Advocate may designate an Auxiliary Advocate to cover said position, and he/she shall assume all the functions, duties and powers of said position, until the Advocate returns to office. When a disability arises which prevents him/her from continuing to hold said position, or the position of Advocate becomes permanently vacant, before the expiration of the term of appointment, the person temporarily designated shall assume all the functions, duties and powers of the Advocate for the remainder of the term of the person causing such a vacancy, until his/her successor is appointed and takes office.
History —Aug. 7, 2004, No. 203, § 5.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 69A - Office of the Advocate for the Elderly (§§ 1976 — 1976m) › § 1976c - Auxiliary advocates

The Advocate, after consultation with the Governor, may appoint auxiliary advocates and delegate unto them any of the functions provided for in this chapter, except the function of appointing personnel and adopting the regulations needed to meet the purposes of this chapter. The persons appointed as auxiliary advocates shall be of recognized professional capability, independence of judgment, and moral probity. Furthermore, they shall have knowledge and/or experience in public administration, government procedure and elderly-related services. They shall also have knowledge on matters of gerontology.
In addition to the provisions of the preceding paragraph, the person appointed as auxiliary advocate that at a time is designated by the Advocate to cover his/her position and assume his/her functions, duties and powers until the Advocate returns to office, shall have studied and obtained a graduate college degree in gerontology. This shall also apply when a disability arises which prevents the Advocate from continuing to hold said position or when said position becomes permanently vacant.
History —Aug. 7, 2004, No. 203, § 6.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 69A - Office of the Advocate for the Elderly (§§ 1976 — 1976m) › § 1976f - Planning and coordination of federal funding; designation as administrative agency

The Office may be designated by the Governor as the Commonwealth administrating and receiving agency of any funds or contributions granted by federal laws for elderly programs.
The Office is hereby designated as the administrating agency in charge of enforcing locally federal programs for the elderly established by virtue of Public Act No. 89-73 of July 14, 1965, as amended, known as the “Older Americans Act of 1965”.
When the Office is designated pursuant to the established in this chapter, it shall be thereby authorized to engage in the necessary efforts and to execute, in representation of the Commonwealth of Puerto Rico, agreements and contracts with the pertinent federal agencies with the purpose of obtaining available federal benefits and funding. The Office shall make a previous request to the Office of Management and Budget of the funds that may be requested from the Commonwealth of Puerto Rico for the matching of federal funds.
History —Aug. 7, 2004, No. 203, § 9.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 69A - Office of the Advocate for the Elderly (§§ 1976 — 1976m) › § 1976h - Advisory Council—Creation

An Elderly Affairs Advisory Council is hereby created, to be attached to the Office, to advise the Office of the Advocate for the Elderly in relation to the implementation of this chapter. The Advisory Council shall be constituted by seventeen (17) members, and its composition shall be as follows: nine (9) ex officio members to represent the public interest, and eight (8) members to represent the interest of the community, appointed by the Governor. The ex officio members representing the public interest shall be, to wit: the Secretary of the Department of Health; the Secretary of the Department of the Family; the Secretary of the Department of Education; the Secretary of the Sports and Recreation Department; the Secretary of the Department of Labor and Human Resources; the Secretary of the Department of Housing; the Advocate for the Patient; the Advocate for the Persons with Disabilities; and the Women’s Advocate, or the representative that these officials expressly designated for these purposes. Of the eight (8) members representing the community interest, four (4) shall be elderly persons.
All members representing the community interest shall be persons of proven capability and leadership, aware of the needs and issues of the elderly and identified with the respect for the rights that protect them.
When this act takes effect, of the eight (8) members representing the community interest, five (5) members shall be appointed for a term of two (2) years and three (3) members for a term of three (3) years. Upon expiration of these initial terms, appointments shall be made for three (3) years. The members of the Advisory Council shall elect their President from among their members; however, the same shall be elected from among the community interest members.
Nine (9) members shall constitute a quorum to hold Advisory Council meetings and agreements shall be made by a majority of those present. The Advisory Council shall adopt bylaws to govern its works, deliberations and performance of its functions. The Office shall provide the Advisory Council with the facilities, equipment, supplies and human resources needed to comply with the functions assigned by this chapter.
The Advisory Council shall meet as many times as it is convened by the Advocate, but not less than six (6) times a year, at least once every two (2) months. The Advisory Council shall keep a record of the meetings and appearances and the recommendations presented by the Advocate.
History —Aug. 7, 2004, No. 203, § 11; Jan. 23, 2006, No. 28, § 2.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 69A - Office of the Advocate for the Elderly (§§ 1976 — 1976m) › § 1976i - Advisory Council—Per diems

Advisory Council members shall receive a per diem of fifty dollars ($50) per meeting they attend, or for their attendance to sessions or committee meetings, per session, special or committee meeting, meeting of any other body, or performance of a task authorized by the President of the Advisory Council to which they attend, except those who are heads of agencies of the Commonwealth of Puerto Rico and its instrumentalities, except for the President of the Advisory Council, who shall receive a per diem equal to one hundred thirty-three percent (133%) of the per diem received by all other Advisory Council members.
Advisory Council members that receive a pension for merit or years of service or an annuity from the Employee Retirement Systems Administration of the Commonwealth of Puerto Rico or from any of its agencies, instrumentalities, public corporations or political subdivisions, may receive the payment of per diems without impairing his/her right to the retirement pension or annuity.
History —Aug. 7, 2004, No. 203, § 12.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 69A - Office of the Advocate for the Elderly (§§ 1976 — 1976m) › § 1976j - Advisory Council—Functions and duties

The Advisory Council shall have, without it being construed as a limitation, the following duties and functions:
(a) Advise the Office in subjects related to the needs and welfare of the elderly in their physical, mental and socio-economic aspects, and above all, evaluate the public policy concerning the situation of the elderly in the spheres of education and competency training, employment, self-sufficiency, economic development, housing and health, among others, with the purpose of promoting actions that contribute to the pursuit of the participation of the elderly in all aspects of social, political, economic and cultural endeavors.
(b) Advise the Office as to the establishment of criteria to evaluate programs and projects developed under this chapter and make the recommendations it deems pertinent to the Advocate.
(c) Recommend systems and methods geared toward the integration of programs developed by the Government to address the needs of the elderly.
(d) Advise the Office as to the distribution of funds and financial aid originating from donations and other contributions the Office may receive.
(e) Make recommendations to the Office as to the regulations and norms to be adopted under this chapter.
(f) Advise the Office in the preparation and administration of an annual work plan and the proposals of the Office.
(g) Investigate the services for the elderly that are available in the penal system of Puerto Rico and make recommendations as to their adequacy for said population.
(h) Become acquainted with the factors that make the elderly be part of the [statistics of the penal population] in Puerto Rico; identify the services rendered to this population sector and recommend legislation to address those problems and/or actions or programs that should be developed by the Corrections and Rehabilitation Administration or other government agencies.
(i) Any other function as needed for the compliance with this chapter.
The Advisory Council shall be bound to report to the Legislature its findings, recommendations, actions and conclusions pertaining to the factors that affect the elderly population, and particularly to the elderly who are part of the Puerto Rico penal system.
History —Aug. 7, 2004, No. 203, § 13; July 30, 2007, No. 89, § 1.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 69A - Office of the Advocate for the Elderly (§§ 1976 — 1976m) › § 1976k - Processing of petitions or complaints

The Advocate is hereby empowered to establish the systems needed for the access, receipt and prosecution of claims and complaints brought by elderly persons when they allege any action or omission by the agencies and private entities which impair the rights they are recognized by the Constitution of the United States of America, the Constitution of the Commonwealth of Puerto Rico, and the laws and regulations in effect.
All complaints brought under the provisions of this chapter shall be processed in the manner provided for by the regulations to be approved for these purposes in compliance with §§ 2101 et seq. of this title, known as the “Uniform Administrative Procedures Act of the Commonwealth of Puerto Rico”. The Advocate shall notify the complainant of his/her decision to investigate the facts claimed and on the same date he/she processes the corresponding notice, he/she shall so notify the agency or the person or private entity, as the case may be, with a statement of the facts alleged and a citation of the law that confers to him/her the power to conduct said investigation. He/she shall also notify the complaining party of his/her decision not to investigate the complaint in question, when appropriate, stating the reasons for such a decision and advising the complaining party of his/her right to request a reconsideration and review of the determination.
However, the Advocate shall not investigate complaints when:
(a) They refer to a matter outside his/her scope of jurisdiction.
(b) They lack merit.
(c) The complaining party has desisted voluntarily.
(d) The complaining party cannot legitimately bring the complaint.
In those cases in which the complaint filed does not set forth any controversy whatsoever which may be adjudicated or refers to a matter outside the scope of jurisdiction of the Office, the Advocate shall orient the complaining party and refer it to the agency concerned, if necessary.
The Advocate, in the exercise of the adjudication powers conferred by this chapter, may designate examining officers to preside over administrative hearings held. Adjudication procedures shall be governed by the provisions of §§ 2101 et seq. of this title, known as the “Uniform Administrative Procedures Act of the Commonwealth of Puerto Rico” and the regulations to be adopted by the Office for such purposes, including matters concerning the recourse of reconsideration and review of the adverse determination of the Advocate and his/her power to impose and collect administrative fines for up to ten thousand dollars ($10,000), and to impose compensation for damages caused, including emotional damages, among others.
History —Aug. 7, 2004, No. 203, § 14.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 69A - Office of the Advocate for the Elderly (§§ 1976 — 1976m) › § 1976k-1 - Special Fund

The money collected from the administrative fines imposed by virtue of this chapter or regulations derived from the same or omissions against the rights of the elderly shall be covered into the special fund under the responsibility of the Office of the Advocate, without being subject to the public policy contained in §§ 283—283p of this title, known as the “Puerto Rico Government Accounting Act”. In addition to the annual budget appropriations that said entity shall continue to receive, the money covered into the Fund may be used to defray part of the operating, fiscal and administrative expenses of the Office of the Advocate. At the closing of each fiscal year, the Office of the Advocate shall submit a comprehensive and detailed report on the use made of the income collected from the fines imposed to the Legislature of Puerto Rico.
History —Aug. 7, 2006, No. 203, added as § 14-A on Dec. 26, 2006, No. 303, § 1, retroactive to July 1, 2006.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 69A - Office of the Advocate for the Elderly (§§ 1976 — 1976m) › § 1976l - Criminal provisions

(a) Any person who willfully disobeys, hinders or obstructs the performance of the functions of the Office or of any of its authorized agents in the compliance of their duties pursuant to this chapter, or who obstructs the holding of a hearing being held pursuant to the purposes of this chapter, shall be guilty of a misdemeanor and upon conviction thereof shall be sanctioned with the penalty of imprisonment that shall not exceed six (6) months or a fine that shall not exceed five thousand dollars ($5,000), or both penalties, at the discretion of the court.
(b) Any person who, without the express consent of the Advocate, makes public any evidence or testimony offered in an executive session of the Office, shall be guilty of a misdemeanor and upon conviction thereof shall be sanctioned with the penalty of imprisonment for a term not to exceed six (6) months or a fine not to exceed five thousand dollars ($5,000), or both penalties, at the discretion of the court.
(c) It is hereby declared that without the express consent of the Advocate, no evidence or testimony whatsoever offered in an executive session shall be made public. Therefore, any person who violates this provision shall be sanctioned with a fine that shall not exceed five hundred dollars ($500) or imprisonment for a term not to exceed six (6) months, or both penalties, at the discretion of the court.
History —Aug. 7, 2004, No. 203, § 15.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 69A - Office of the Advocate for the Elderly (§§ 1976 — 1976m) › § 1976l-1 - Responsibilities and duties of the agencies of the Commonwealth of Puerto Rico and private entities with the Office

Every public agency and/or private entity offering, rendering, administering or having jurisdiction on any of the procedures, programs, funds, activities, benefits or services to the elderly shall remit to the Office, and it shall have the right to require not less than five (5) copies of their governing regulations, norms, executive orders, decisions, opinions, procedural or service guidelines pursuant to Commonwealth and federal laws with respect to the elderly. Subsequently, and whenever norms, rules and procedures are approved, amended, modified or repealed; or whenever new requirements are established; or whenever the services and benefits offered by public agencies and/or private entities are extended, eliminated or altered, these agencies or entities shall, within fifteen (15) days following the date in which said action is taken, remit to the Office not less than five (5) copies of these changes, amendments or modifications, as the case may be.
Those public agencies and/or private entities rendering evaluation, diagnosis, assistance, treatment, rehabilitation, education and employment services to the elderly shall notify the Office annually on the elderly who are physically, mentally and occupationally rehabilitated, those who have completed studies or have being trained to work, and those that according to their knowledge, have incorporated into the job market, so that the Office may record and keep information and statistical data.
The Advocate may request from the different public agencies the creation of interagency taskforces to conduct any study or investigation he/she deems necessary to attain the purposes of this chapter, provided that no budgetary appropriation greater than those already granted by the corresponding agencies is required.
History —Aug. 7, 2004, No. 203, added as § 16 on July 30, 2007, No. 83, § 1, eff. 60 days after July 30, 2007.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 69A - Office of the Advocate for the Elderly (§§ 1976 — 1976m) › § 1976m - General provisions

The current appointments within the Office of Elderly Affairs that have been appointed before the date of effectiveness of this chapter shall remain in their office without the need for a new appointment, until the term for which they were appointed expires, with the exception of the appointment for Advocate. Likewise, the provisions of this chapter shall not affect the exercise of the functions and powers or the salary that these officials have or earn when this act takes effect.
The transferred personnel shall conserve all vested rights under the personnel laws and regulations in effect, as well as the rights, privileges, obligations and status in relation to any existing pension, retirement, or savings and loan system to which they belonged as of the date of approval of this act.
It is hereby provided that all complaints, proceeding or matter pending before the Office of Elderly Affairs shall continue to be processed by the Office of the Advocate for the Elderly until a final finding is issued pursuant to the laws and regulations in effect as of the date on which these complaints, proceedings or matters were initially brought.
No provision of this chapter shall be construed to modify, alter or invalidate any agreement, claim or contract in effect as of the date of effectiveness of this act which has been executed by the officials responsible for the implementation of Act No. 68 of July 11, 1988, as amended, know as the “Office of Elderly Affairs Act”. In addition, except for the provisions of Section 21 of this Act, all the powers and responsibilities conferred by special laws to the Office of Elderly Affairs shall remain effective and fall on the Office created by this chapter, until there is independent legislation suppressing, modifying and/or broadening the same, as well as adjusting in said provisions the reference to the Office and the position of Advocate for the Elderly.
The Advocate may use all documents, stamps, papers and office supplies bearing the name of the act hereby repealed until he/she depletes the same and is able to make the corresponding changes in terms of the change of name of the new Office created under this chapter.
The Governor is hereby empowered to adopt the transitory measures and make the decisions necessary in order for the transfers ordered in this chapter to be carried out without interruption of the administrative proceedings, the rendering of services and the operation of the programs thus transferred.
History —Aug. 7, 2004, No. 203, § 18, renumbered as § 19 on July 30, 2007, No. 83, § 2, eff. 60 days after July 30, 2007.