2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 63 - Controversies Over Payments and Debts Between Government Agencies (§§ 1751 — 1753d) › § 1752 - Commission—Duties and powers

The Commission shall have the following duties and powers:
(1) It shall have exclusive jurisdiction to investigate controversies between government agencies over payments and debts between said agencies and determine the manner in which the amount owed and how much must be paid, if this matter is in controversy. Provided further, That the Commission shall have primary exclusive jurisdiction in the case of controversies whereby one of the parties is a municipal government or a public corporation, excepting those which in virtue of the their organic charter is authorized to regulate its collection processes or whose prior contractual obligations are impaired.
In order to conduct said investigations, the Commission may require the presentation of books, documents or any other necessary evidence and to question witnesses under oath.
In case they should refuse to submit their books or any other documents required by the Commission or in case the person duly summoned to have his/her sworn statement taken refuses to appear before the Commission, the latter may appear before any part of the Court of First Instance and request that said court order compliance with the request to submit books or any other type of document or any sworn statement or summons. The Court of First Instance shall have jurisdiction to issue judicial orders making mandatory the appearance of witnesses or the presentation of any documentary or any other kind of evidence which the Commission has previously required. The [Court of First Instance] shall likewise have the power to punish for contempt for disobeying said orders.
No natural or juridical person may refuse to comply with an order of the Commission or a judicial order thus issued by claiming that the testimony or the evidence required may be incriminatory or lead to the imposition of a penalty. But such testimony or evidence may not be used or introduced as proof in any criminal action against a natural person who may have testified or presented documentary or any other kind of evidence to the Commission in compliance with its order or summons or in compliance with any judicial order. Provided, further, That any natural person may be prosecuted and convicted for perjury committed while testifying before the Commission.
The Examining Officer charged with holding the hearings and receiving evidence, on his/her own initiative or at the behest of a party, may order the party initiating an action or the respondent who fails to comply with the rules and regulations or with any order, to show cause why no sanction should be imposed. The order shall set forth the rules, regulations or orders not complied with and a term of twenty (20) days, as of the date of issue of the order, shall be granted for showing cause. Should said order not be complied with, or if it is determined that there was no cause to justify noncompliance, a financial sanction in favor of the Special Fund created by the present law that shall not exceed two hundred dollars ($200) for every separate imposition may be imposed to the party or his/her attorney, should the latter be responsible for the noncompliance.
The Examining Officer shall recommend that the Commission, through a report to that respect, dismiss the action in the case of the complainant, or the elimination of the allegations in the case of the respondent, if after having imposed financial sanctions and having notified the corresponding party, said party remains in noncompliance with the orders of the Examining Officer.
(2) Designate from among the agency personnel those needed to most efficiently fulfill the purposes of §§ 1751 et seq. of this title, especially the services of those persons who shall act as examiners and auditors who shall collect evidence to be used by the members of the Commission to issue its decision. The expenses incurred in the course of an investigation shall be prorated among the parties in controversy according to the percentage of liability corresponding to each party. If the Commission resolves that one party has been totally responsible for the controversy, said party shall pay for the total expenses incurred. The Commission shall establish through regulations the manner in which the fees for administrative procedures and expenses for procedures shall be collected.
(3) Draft and adopt the regulations needed for performing its duties according to §§ 2101 et seq. of this title, known as the “Commonwealth of Puerto Rico Uniform Administrative Procedures Act”, in all matter not inconsistent with this chapter.
History —June 3, 1980, No. 80, p. 226, § 2; Feb. 17, 2006, No. 61, § 2.