2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 13 - Department of Treasury (§§ 221 — 286) › § 283n - Power to investigate; appeal from decision of Secretary; compliance with judicial order

(a) In the exercise of his duties the Secretary, officers and employees on whom he delegates, are hereby authorized to summon witnesses and administer oaths and take testimony and, in compliance with these provisions they may issue summons on warning of contempt and compel the attendance of witnesses; and they may compel the witnesses to produce books, letters, documents, papers, records and any other articles that may be considered essential in order to have full knowledge of the matter under investigation.
(b) No person shall be excused from appearing and testifying or from producing books, files, correspondence, documents or other evidence in compliance with a summons issued by the Secretary, or by the officer designated by him, on the ground that the testimony or evidence required from said person may give rise to his prosecution or to expose him to punishment or forfeiture, but no person shall be prosecuted or subject to any punishment or forfeiture by reason of any transaction, matter or thing in relation to which he may be bound, after having asserted his privilege not to testify against himself, or to testify or produce evidence, except that said person who so testifies shall not be exempt from prosecution or punishment for perjury upon so testifying.
(c) Any public employee or officer affected adversely by a final ruling of the Secretary under the provisions of §§ 283—283p of this title may, except when otherwise provided by law, within one year, after the Secretary’s ruling, appeal to the Governor, requesting review of said ruling. The petitioner shall specify in writing the item and items dismissed or charged by the Secretary’s ruling, the amount thereof and the reasons on which his petition is based to claim the annulment of the Secretary’s decision. Upon receipt of the notice of appeal by the Governor, he shall send it to the Secretary for report, who shall return it within a term of not more than fifteen (15) days, stating the reasons he had to dismiss or charge the item or items or enter the decision, and quoting the law, regulation or authority on which he bases his decision. The Governor shall then decide the appeal and shall indicate at the foot of the notice his decision concerning each item or each decision affirming or setting aside the ruling of the Secretary, and he shall immediately inform the latter, who shall act in accordance with the Governor’s decision, which shall be final for the Secretary. No appeal shall be considered if it is not filed and transferred to the Governor within the period established, and once it has expired without any appeal having been timely filed, the decision of the Secretary shall be final.
(d) In case of default or refusal to obey a summons issued by the Secretary or by his designee, any part of the Court of First Instance of Puerto Rico, within whose jurisdiction the person guilty of default or refusal is, resides or has his business or discharges his functions, shall, on request of the Secretary, issue against said person an order requesting him to appear before the Secretary, or his designee, to present evidence, if he is so directed, or to testify on the matter under investigation. Said person shall be guilty of contempt if he disobeys the order of the court.
History —July 23, 1974, No. 230, Part 3, p. 183, § 15; May 27, 1976, No. 61, p. 175, § 5.