The position of administrative judge is hereby created, who shall be appointed by the Governor with the advice and consent of the Senate, to address administrative controversies pertaining to the establishment, modification, revision and enforcement of child support obligations, as well as of filiation cases. A maximum of thirteen (13) administrative judges shall be appointed, who shall be attorneys with at least three (3) years of being admitted to the exercise of the profession. The appointment of the administrative judges shall be for a term of six (6) years, they shall remain in office until their successor is designated, and shall earn a minimum salary of forty thousand dollars ($40,000) per year, which cannot be superior to the salary earned by a judge of the Court of First Instance. The Administrator, with prior approval from the Governor and the Secretary, shall adopt the rules and regulations that shall govern the training, suspension or destitution, and fixing of the salaries of the administrative judges.
In the exercise of their duties, and without need to obtain an order from a state, federal, or any other jurisdiction that has subscribed to the provisions set forth in the Uniform Interstate Family Support Act, the administrative judge shall have full authority to:
(a) Hold hearings, take oaths, direct and allow the parties to use discovery of evidence to expedite the handling and solution of controversies, hear testimony and any other evidence through the use of tape recordings and videotapes and any other evidence to establish the record of the case.
(b) Direct, order and allow the parties to engage in transactional meetings and conversations. Accept the voluntary recognition of the paternity of the obligee made by the petitionee when promoted under oath, as well as the voluntary recognition of the obligation to support and the stipulations or agreements that establish the amount of child support to be paid, pursuant to the Mandatory Guidelines to Fix and Modify Child Support in Puerto Rico, adopted as provided by this chapter.
(c) To summons witnesses of the parties, receive and evaluate the evidence submitted; to issue the corresponding orders according to the procedures established in § 510 of this title and the corresponding regulations; to notify the holding of a hearing when necessary, or when the respondent does not appear after having been duly notified; and to issue a child support and filiation order, or its modification, or the imposition of remedies or penalties, as the case may be.
(d) Order genetic tests to determine the paternity of the child when said paternity is in controversy.
(e) Impose the sanctions, fines and penalties set forth in this chapter, and in the applicable regulations.
(f) Request the payments to settle child support debt pursuant to a payment plan, or require that an obligor who is not disabled participate in work activities, as defined in § 607 of the Federal Social Security Act, including, without it being understood as a limitation, employment training, community service programs, public sector subsidized employment, and educational vocational training.
(g) Attend to the revision of orders of the Administrator at the request of one of the parties.
(h) Issue summonses for the discovery of the financial situation of the parties to establish, modify, review or enforce a support obligation. Require from all employers, including government agencies, municipalities and profit or nonprofit corporations to provide prompt information regarding the employment, compensation, health plan and benefits of any person hired as an employee or contractor.
(i) Perform the duties of the Title IV-D agency, obtain access to records maintained by all government agencies including, without it being understood as a limitation, the Demographics Registry, the Department of the Treasury, records pertaining to real and movable property; occupational, professional and recreational licenses; property records and control of corporations, partnerships and other businesses; employment security records; Department of Transportation and Public Works records; and penal records, among others, subject to the immunity from liability of the entities that provide such access and to all the security safeguards of information and privacy set forth in state and federal laws and regulations.
(j) In child support arrears cases, the seizing of goods located in Puerto Rico and in any other state of the United States.
(k) It shall be ordered in all child support actions before the administrative judge that:
(1) Payments shall be made through the Administration or other appropriate Title IV-D Agency.
(2) Health insurance coverage shall be included.
(3) Modify the current child support to be in agreement with the Mandatory Guidelines to Fix and Modify Child Support when the legal, regulatory or custody circumstances so do warrant.
(l) Hear and resolve controversies pertaining to the establishment, revision, modification and enforcement of interstate child support obligations and filiation cases.
The Administrator shall designate a coordinator judge, who in turn shall be an administrative judge, to handle supervision and administrative matters. The coordinator judge shall be the administrative chief of said office, and in such capacity, shall oversee the efficient operation of the courtrooms, the timely resolution of cases, and faithful compliance and uniformity of the public policy set forth in this chapter and in the applicable federal legislation. Likewise, same shall be responsible for the supervision of all administrative judges, courtroom distributions, assignment of cases, and any other duty delegated to same by the Administrator. Same shall report directly to the Administrator.
History —Dec. 30, 1986, No. 5, p. 887, added as art. IV, § 7B on Aug. 17, 1994, No. 86, § 13; Dec. 18, 1997, No. 169, § 5; Aug. 1, 2003, No. 178, § 7.