2023 Laws of Puerto Rico › TITLE SEVENTEEN - Housing (§§ 1 — 1546) › Chapter 48 - Assisted Living Housing Projects (§§ 1481 — 1481q) › § 1481i - Procedure for review

The Secretary of the Department shall have the right to repeal, deny, modify or refuse to renew a certification for the operation of a residence or housing project within the conceptual framework of assisted living when the sponsor or applicant fails to comply with the requirements set forth herein. It shall be the duty of the Department to set forth by means of regulation a review procedure pursuant to §§ 2101 et seq. of Title 3, known as the “Uniform Administrative Procedures of the Commonwealth of Puerto Rico”, taking into consideration the following matters:
(a) Repeals, denials, modifications or refusals to renew a certification for the operation of a residence. — When the Department repeals, denies, modifies, or refuses to renew a certification for the operation of a residence or housing project within the conceptual framework of assisted living, same shall notify the sponsor of said decision in writing within the next ten (10) days after the decision is made by means of certified mail with return receipt requested. Said notice shall specify the motives or reasons for said decision. In addition, the Department shall notify the sponsor of his right to appeal the decision made based on the regulation set forth for such purposes by the Secretary of the Department of Housing.
(b) Suspension of a certification for the operation of a residence. — If the Secretary of the Department of Housing deems that a residence is not in compliance with the provisions set forth in this chapter, and later determines in consultation with the Office that the deficiencies or noncompliances found to [sic] not put at serious risk the health and safety of the residents, instead of repealing or denying the renewal of a certification for the operation of a residence, he/she may suspend the certification of said residence. This means that the residence may continue to operate, but it cannot accept new residents until the deficiencies or noncompliances found are corrected and the Secretary of the Department of Housing, with the approval of the Office, determines that the residence is in complete compliance with the provisions herein.
In the case of the suspension of a certification, the Department shall notify the sponsor of said decision in writing within the next seventy-two (72) hours from having made the decision. The Department shall not make the decision to suspend a certification until the sponsor has been notified previously that the residence does not comply with the requirements set forth in this chapter, that the decision to limit the acceptance of new residents is being considered, and that the sponsor has had a reasonable term to correct the deficiencies.
The decision of not accepting new residents may be repealed by the Department, with the approval of the Office, when the Department finds that the deficiencies or noncompliance found have been corrected completely. However, if the deficiencies or noncompliance found are not corrected within the term set forth by the Department, with the approval of the Office, the Department may repeal the certification set forth by this chapter. Said decision shall be notified in writing within the next seventy-two (72) hours by certified mail with return receipt requested. Said notice must specify the motives or reasons for said decision. In addition, the Department shall notify the sponsor of his/her right to appeal the decision made based upon the regulation to such effects set forth by the Secretary of the Department of Housing.
(c) Emergency repeal of a certification to operate a residence. — If the Secretary of the Department of Housing determines that a residence does not comply with the provisions set forth in this chapter, and later determines in consultation with the Office, that the deficiencies or non-compliance found puts at serious risk the health and safety of the residents, the Department shall repeal immediately the certification of the residence. The Department shall notify said decision in writing to the sponsor within the next twenty-four (24) hours from the making of said decision. In addition, the Department shall notify the sponsor of his/her right to appeal the decision made based upon the regulation set forth to such purposes by the Secretary of the Department of Housing and shall take all the foreseeable necessary measures to ensure the well being of these residents.
History —Sept. 3, 2003, No. 244, § 12.