2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 62 - Agricultural Development Administration (§§ 1831 — 1840) › § 1835 - Powers of the Administration

The Administration shall have all the powers that are necessary or convenient, to the ends and purposes for which it is created, including, without being limited in any way to the following:
(1) Acquire chattels, equipment and material needed for its operations, without being subject to the provisions of §§ 931 et seq. of Title 3, known as “General Services Administration Act”. The Administration shall establish the norms, criteria and procedures that will govern the purchase and acquisition of equipment, materials, articles and non-professional services that are essential for the proper functioning of the Administration, and the best use of its resources, through regulation. Such regulations shall provide that every purchase and contract for supplies or services executed by the Administration, excluding personal service contracts, shall be done through a formal auction process. The formal auction process shall not be necessary when:
(a) The purchase and acquisition does not exceed ten thousand (10,000) dollars.
(b) It is necessary to make the purchase immediately due to an emergency situation which should be attested to, in writing, in the purchase file.
(c) There is a need for spare parts, accessories, equipment or supplementary services for previously supplied or contracted goods or services.
(d) The purchase has to be made outside of Puerto Rico because there are no known suppliers.
(e) The purchase is made from the Government of the Commonwealth of Puerto Rico [or] from that of the United States.
(f) Prices are not subject to competition because there is only one source of supply or they are regulated by law.
In the above cases, the acquisition or purchase may be made through an informal process or on the open market process but in every case it must be justified in writing and approved by the Executive Director of the Administration.
(2) Grant and pay subsidies or incentives and the reimbursement of supplementary wage payments to the farmers, based on production levels. The Administration shall establish by regulations, the norms, criteria, and procedures that shall govern the granting of subsidies and incentives. Said regulations must be approved by the Secretary of the Department of Agriculture and shall take effect until they are duly promulgated pursuant to the provisions of §§ 2101 et seq. of Title 3, known as the “Uniform Administrative Procedure Act”. The payment of the subsidies or incentives and the reimbursement of supplementary wage payments based on the production levels shall commence in those industries that have been regulated by §§ 3051 et seq. of this title, known as “Agricultural and Livestock Industries Regulating Act”.
(3) To sue, be sued, and appear before the courts motu proprio.
(4) To buy, sell, reproduce, promote, create, acquire, construct, possess, exploit, develop, maintain, repair, administer, study, dispose of, transfer, use, grant or secure loans or leases, impose any lien related to personal or real property, use these as collateral for any other action related to moneys, agricultural products, services, facilities, equipment, material, machinery, crops, animals, buildings or any other properties, products, businesses, operations, conditions, necessary or useful means or facilities for the production, distribution, conservation, manufacture, packing, transportation, warehousing, purchase, sale, disposition, or any other activities of/or related to: agricultural products or by-products or products necessary or useful for agriculture, in the broadest meaning of said term. These powers or faculties shall be exercised pursuant to the Secretary’s written authorization and instructions.
(5) To acquire any type of property or interest over whatever property that is necessary or convenient to carry out the purposes of this chapter, or to comply with the undertakings required by the Legislature upon appropriating funds, by any legal means including condemnation under eminent domain, and said properties or interest are hereby declared of public utility for all legal purposes. The procedure for the expropriation under eminent domain of any title or interest on said properties shall be governed by §§ 2901-2920 of Title 32 and other supplementary statutes.
(6) To accept donations, or funds emanating from subsidies, appropriations, advances, loans or other similar benefits of federal, Commonwealth and municipal government entities, and from persons and private entities, to carry out its purposes; to enter into agreements with such government entities or persons and private entities, for the use of such donations or funds.
(7) To promulgate rules and regulations to govern the granting of subsidies and incentives and the reimbursement of supplementary wage payments, which must have the approval of the Secretary of Agriculture and shall not be effective until they are duly published pursuant to the provisions of §§ 1041-1059 of Title 3, known as the “Rules and Regulations Act of 1958”.
(8) To appoint such officers, agents and employees, and confer on them such faculties, and impose such duties and obligations that the Administration may determine.
(9) To adopt and use a seal of which judicial notice shall be taken.
(10) To enter into, execute and award all the contracts and documents that are necessary or convenient in the exercise of any of its powers.
(11) To have its moneys in separate accounts registered in its name with recognized depositaries of the funds of the Commonwealth of Puerto Rico pursuant to the applicable rules and regulations of the Department of the Treasury.
(12) To make reimbursements in accordance with the regulations established by the Secretary of Agriculture of Puerto Rico for such purposes, after consultation with the Secretary of the Treasury.
(13) To cancel all amounts due to it, considered to be uncollectable or the collection of which may cause expenses that exceed its amount, pursuant to the following norms:
(a) The period of time the debt has been due, which shall not be less than five (5) years.
(b) The insolvency and financial impossibility on the part of the debtor or his heirs to pay the debt and the reasonable possibility of collecting it.
(c) The effort made by the debtor in his desire to pay the debt.
(14) To establish an accounting for the adequate control and statistical recording of all the subsidies and incentives granted, and reimbursements of supplementary wage payments to the farmers, as well as all its expenses and disbursements.
History —June 5, 1985, No. 28, p. 93, § 5; Aug. 16, 1989, No. 60, p. 258; June 9, 2002, No. 78, § 1.