2023 Laws of Puerto Rico › TITLE TWENTY - Examining Boards and Professional Colleges (§§ 1 — 6033) › Chapter 35 - Board of Examiners of Engineers, Architects, Surveyors and Landscape Architects (§§ 681 — 711z) › § 711q - Filing of complaints

The Board, on its own initiative or at the request of a duly grounded complaint filed by any person, may initiate any procedure to file charges against any licensed, associate or in training engineer, surveyor, architect or landscape architect who violates the provisions of §§ 711—711z of this title or its regulations. Any complaint to those effects shall be filed with the Recording Secretary in writing, under oath, for its corresponding registration.
The Board shall notify the engineer, surveyor, architect or landscape architect of the nature of the charge or charges filed against him/her and serve a copy of the complaint not later than ten (10) days following the date of filing, either personally or by certified mail with acknowledgement of receipt to his/her last known address. At the same time, he/she will be notified of the date, place and hour of the hearing to be held before the Board for the investigation of such charges within thirty (30) days after the date said notice is received.
Said notice shall advise the party charged of his/her right to appear at the hearing personally, to be represented by counsel, to question the persons who testify against him/her and examine the evidence presented against him/her, as well to present the attesting and documentary evidence on his/her behalf that he/she may deem pertinent.
The Board may issue summons under admonishment of contempt to compel the appearance of witnesses or the presentation of any books, files or other documents it may deem pertinent. The members of the Board may likewise take oaths and statements from any witnesses appearing before it and receive any attesting or documentary evidence concerning the proceedings before its consideration.
Should any person who has been duly summoned by the Board refuse to appear before the latter or to produce the books, files, documents or any other evidence required from him/her, the Board may, through the Secretary of Justice, resort to the Part of the Court of First Instance corresponding to the place of residence of said person to order him/her to appear or present the evidence requested, or for both purposes, as the case may be.
On the basis of the merits stated by the Board in its initial writ, the court shall issue whatever order is pertinent to require the person to appear before the latter and state the reasons for his/her noncompliance with the summons of the Board. If the action and order of the Board are sustained, the court shall require and order the person to appear before the former and to produce the evidence required. Any person who disobeys the order of the court shall be subject to being punished for contempt.
The Board shall keep a record of the hearing and a transcript thereof shall be filed with the Recording Secretary and every decision shall be issued under the affirmative vote of not less than five (5) of the members of the Board.
At the conclusion of the hearing, the Board shall make its decision within a term not to exceed twenty (20) days, from the date of its conclusion. The decision of the Board shall be notified to the initiating party by certified mail with acknowledgement of receipt within ten (10) days after the date of issue of the notice. The decision of the Board shall clearly and concisely state the grounds upon which it is based.
History —Aug. 12, 1988, No. 173, p. 797, § 19, renumbered as § 21 and amended on Dec. 26, 1997, No. 185, § 22; Dec. 7, 2007, No. 180, § 13, eff. Dec. 31, 2007.