2023 Laws of Puerto Rico › TITLE FIFTEEN - Sports and Parks (§§ 1 — 2020) › Subtitle 1 - Generally (§§ 1 — 915) › Chapter 37 - Additional Lottery System (§§ 801 — 818) › § 804 - Powers of the Secretary

The Secretary shall have the following powers without it being construed as a limitation:
(1) Adopt the regulations that are needed for the execution of this chapter pursuant to the provisions of §§ 2101 et seq. of Title 3, known as the “Uniform Administrative Procedures Act of the Commonwealth of Puerto Rico”, without being subject to § 2128 of Title 3, but pursuant to the procedure established in § 807 of this title.
(2) Negotiate and grant consultant contracts, and contract for the study, design and implementation of the Additional Lottery game, as well as to contract all or any part of the services needed for the most efficient operation of said game.
(3) Establish through regulations, the additional requirements that must be complied with by the persons engaged in any activity related to the Additional Lottery, whether it is by contract, permit or license issued.
(4) Determine and establish by order or regulations, the undesirable practices that must be forbidden to safeguard and maintain the public confidence in the authorized lottery system and provide for the applicable sanctions and administrative fines for engaging in them.
(5) Provide for the installation or provision of a computerized system to register the wagers, as well as to authorize the use of electronic machines or systems to issue the ticket to each player, which indicates the numbers selected and any other information established by regulations.
(6) Provide for the installation or the provision of a security system to control the access to the computer systems and data, to prevent the illegal and fraudulent access to the game’s operation.
(7) Determine the day that the Additional Lottery will commence and be available to the public, as well as how to suspend any drawing of the game when the public’s interest or rights could be affected adversely.
(8) Determine the annual license fees to be paid by the vendors, which shall be established reasonably, taking into account the costs of investigating and other activities related to the processing of the license.
(9) Determine the bond that the salesmen and purveyors shall post to secure compliance of their obligations.
(10) Negotiate and execute contracts with the vendors by itself, or through the Director, so that they will provide and have the Additional Lottery tickets available for sale to the public. The Secretary shall establish through regulations the terms and conditions for the contracting of vendors that best serve the public interest and promote the sale of tickets.
(11) Contract professional and technical services, as well as the personnel that are needed for the most efficient operation of the Additional Lottery.
(12) Fix the commissions to be paid to the vendors by order or regulations.
(13) Aside from the penalties established in § 814 of this title, he/she may sanction the violations to his/her orders or regulations administratively with a fine that shall not exceed five thousand dollars ($5,000) or by temporary suspension or revocation of the privileges enjoyed in the operation of the authorized game by the natural or juridical person who incurs such violation.
The Secretary’s determinations shall be based on criteria of community safety, urban development and protection of the school environment, of commercial activities and of the best interests of the citizenry.
History —May 24, 1989, No. 10, p. 44, § 5; Aug. 17, 1989, No. 75, p. 326, § 3.