2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 16 - Occupational Safety and Health (§§ 361 — 362) › § 361s - Procedure for enforcement

(a) If, after an inspection or investigation, the Secretary, or his authorized representative, issues a citation under section 361r(a) of this title, he shall, within a reasonable time after the termination of such inspection or investigation, notify the employer by registered mail or other means of delivery, of the penalty, if any, he intends to assess under § 361x of this title. The employer shall have fifteen (15) days, excluding Saturdays, Sundays and holidays, from the receipt of the citation, to notify the Secretary that he wishes to contest the citation. The employer shall have also a period of fifteen (15) days, excluding Saturdays, Sundays and holidays, from the receipt of the notice of the proposed penalty, to notify the Secretary that he wishes to contest said assessment of penalty. If, within the aforesaid fifteen (15) days from the receipt of the citation or notice of the proposed penalty issued by the Secretary, the employer fails to notify the Secretary that he intends to contest the citation or the proposed assessment of penalty, and no notice is filed by any employee, employees, or representative of employees under subsection (c) within said periods of time, the citation and/or assessment of the penalty, as proposed, shall be deemed to be a final order of the Secretary and shall not be subject to judicial review.
(b) If the Secretary has reason to believe that an employer has failed to correct a violation for which a citation has been issued within the period allowed for its correction (which period shall not begin until the Secretary notifies entry of a final order, in the case of any review proceedings under this section, initiated by the employer in good faith and not solely to delay or avoid penalties), the Secretary shall notify the employer by registered mail or other means of delivery, of such failure and of the penalty he intends to assess under § 361x of this title by reason of such failure, and that the employer has fifteen (15) days as indicated in subsection (a) within which to notify the Secretary that he wishes to contest the notice of the Secretary of the proposed assessment of penalty. If within the fifteen (15) days above-mentioned, from the receipt of the notice issued by the Secretary, the employer fails to notify the Secretary that he intends to contest the notice or the proposed assessment of penalty, the notice and the penalty, as proposed, shall be deemed a final order of the Secretary and shall not be subject to review by any court.
(c) If an employer notifies the Secretary that he intends to contest the citation issued under § 361r(a) of this title, or the notice issued under subsection (a) or (b) of this section, or if within fifteen (15) days, as already indicated, from the issuance of a citation under § 361r(a) of this title, any employee, or representative of employees, files a notice with the Secretary alleging that the period of time fixed in the citation for the correction of the violation is unreasonable, the Secretary shall immediately advise an examiner of that notice and the examiner shall afford an opportunity for a public hearing. The examiner shall thereafter issue an order, based on findings of fact, affirming, modifying or reversing the Secretary’s citation or proposed penalty, or directing other appropriate remedy; and that order shall become the Secretary’s final order thirty (30) days after notification unless a review is sought by the Secretary during said period. During such period of thirty (30) days the Secretary shall motu proprio or on request initiate the review of the examiner’s decision. The Secretary may affirm, modify or revoke the determinations and findings of the examiner only on the basis of evidence previously submitted, or on the basis of such evidence as he may order to be received. If the employer shows efforts in good faith to comply with the abatement requirements of a citation and that abatement has not been completed because of factors beyond his reasonable control, the Secretary or examiner, after an opportunity for a hearing, as provided in this subsection, shall issue an order affirming or modifying the abatement requirements in such citation. The rules of procedure prescribed by the Secretary shall provide affected employees or representatives of affected employees, an opportunity to participate as parties at the hearings under this subsection.
History —Aug. 5, 1975, No. 16, p. 605, § 20.