P.R. Laws tit. 8, § 720a

2019-02-20 00:00:00+00
§ 720a. Locator service; powers to investigate and impose penalties

(a) The Administration shall offer to Program beneficiaries locator services for persons who have failed to comply with their duty to provide elderly support or those who are potential obligors. To such effects and to make elderly support effective, the Administrator shall request the information and assistance deemed necessary from any department, agency, public corporation, or body of the Government of Puerto Rico or the municipalities, from other states or jurisdictions, as well as individuals, private entities, and corporations or partnerships in order to identify and locate the descendants or the persons legally required to provide support, as well as determine income, expenses, and assets of the obligor(s) or any other information deemed necessary to attain the purpose of this chapter.

(b) The Administrator or the Program official he/she designates is hereby empowered to conduct investigations as are necessary and, for such purpose, may administer oaths and take statements and compel, under penalty of contempt, the appearance of witnesses and the production of data, books, letters, documents, papers, files, and any necessary and pertinent information in order to have full knowledge of the matters under investigation related to the duties conferred by this chapter to fulfill the responsibilities entrusted to him/her. Notwithstanding the provisions of other laws, the Directors, secretaries of other departments, agencies, public corporations, or bodies of the Government of Puerto Rico or the municipalities, as well as those officials or agents of private corporations or entities and individuals are hereby directed to furnish any necessary and pertinent information that the Administrator requests, including a compilation of computerized or written data or lists. All the information requested as provided by this chapter shall be furnished free of charge or fees. The Program shall provide access to information regarding the location of the obligor stored in any system used by the motor vehicles bureau or public safety agencies of the Government of Puerto Rico to locate individuals.

(c) In order to facilitate the location and make effective any actions against obligors, government agencies that issue the following licenses or keep records related to the following matters shall develop appropriate methods to guarantee that the applications for said licenses, or the records pertaining to said matters, contain most of the information regarding the applicant or individual subject thereto, respectively: professional licenses, motor vehicle registrations, occupational licenses, marriage licenses, divorce decrees, support orders, paternity decrees and recognition, and death records and certificates.

(d) The Administrator may resort to the Court of First Instance and request a motion to compel should any person or officer refuse to furnish the information requested. The Court shall give preference to the processing and issue of said request and may issue a motion to compel the production of data or information previously requested by the Administrator. The Court of First Instance shall have the power to punish for contempt in the event of noncompliance with said orders.

(e) The information obtained shall be confidential and shall only be used for the purposes authorized in this chapter. Anyone who discloses, makes public, uses, or promotes the use of any information obtained pursuant to the provisions of this section shall be guilty of a misdemeanor and, upon conviction, shall be punished by imprisonment for not more than six (6) months or a fine not to exceed five thousand dollars ($5,000), or both penalties at the court’s discretion. Any employee or official who by carelessness, or action or omission discloses, offers, or publishes any confidential information shall also be subject to the corresponding disciplinary actions.

History —Aug. 12, 2000, No. 168, added as § 11 on May 18, 2011, No. 75, § 1.