P.R. Laws tit. 18, § 1517

2019-02-20 00:00:00+00
§ 1517. Court review

(a) Any party that is adversely affected by a resolution, order or decision of the Council may request a reconsideration before it within the term of thirty (30) days after having received notice of the resolution, order or decision.

(b) The filing of a reconsideration request shall not exempt any person from complying and obeying any resolution, order or decision of the Council. The reconsideration request shall not act as a suspension or postponement of the effectiveness of the resolution, order or decision, except by a special order of the Council, by request of the party. The request for reconsideration shall specifically state the grounds upon which it is based. The Council shall have the power to grant or deny the reconsideration or to suspend, amend or revoke the resolution, order or decision, subject to a prior hearing. The Institute shall issue its decision based on the request for reconsideration within a term of thirty (30) days from the filing date of the petition for reconsideration. The filing of a petition for reconsideration shall suspend the term to file an appeal for review before the Court of First Instance, San Juan Part, and the term shall start to be counted again from the notice of the Council’s final decision on the reconsideration petition.

(c) The resolution or decision issued by the Council shall be final and binding unless the party adversely affected thereby requests its revision before the Court of First Instance of Puerto Rico, San Juan Part, within the thirty (30) days following the date of notice. The appellant shall advise the Council with a copy of the appeal for review on the same date it is filed.

(d) The filing of an appeal for review of any resolution, order or decision of the Council shall not suspend the effects of such resolution, order or decision unless the court so orders upon request by the interested party after a prior hearing, and the determination that the party against whom the resolution, order or decision was issued will suffer serious or irreparable harm if such a suspension is not decreed. The resolution issued by the court to that effect shall indicate those provisional remedies that are deemed reasonable to answer for the damages and injuries that could be caused by the suspension of the execution of the resolution, order or decision of the Council.

(e) The review shall be put into effect based on the duly certified administrative record of the proceedings filed before the Council. The determinations of the Council regarding the facts shall be conclusive if they are backed by substantial evidence. The resolution to be dictated shall be firm after thirty (30) days of its notice and shall only be revised by a certiorari before the Supreme Court of Puerto Rico, which shall issue its order at its discretion.

History —Aug. 7, 1987, No. 10, p. 630, § 17.