P.R. Laws tit. 18, § 1562

2019-02-20 00:00:00+00
§ 1562. Reconsideration of administrative decisions

Any party affected adversely by a resolution, order or decision of the Council may request a reconsideration before the same within a term of thirty (30) days after receiving notice of said resolution, order or decision.

The filing of the request for reconsideration shall not exempt any person from complying nor obeying any resolution, order or decision of the Council. The request for reconsideration shall not operate in any way to suspend or postpone the effectiveness of the resolution, order or decision unless there is a special order from the Council, upon petition of the party. In the request for reconsideration, the grounds therefor shall be specifically stated. The Council, after due hearing, may grant or reject the reconsideration or suspend, amend or revoke the resolution, order or decision in question. The Council shall issue its grounded decision on the request for reconsideration within a term of thirty (30) days, counting from the date of filing of the request for reconsideration. The filing of a request for reconsideration shall suspend the term for filing an appeal for review before the Court of First Instance, and the term shall again be counted when the final decision of the Council regarding the request for reconsideration is notified.

The resolution or decision issued by the court shall be firm and final, unless the party affected adversely requests a review before the Court of First Instance of Puerto Rico within thirty (30) days following the date of notice. The petitioner shall notify the Council by sending a copy of the appeal for review on the same date it is filed.

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 petition of the interested party, after a hearing and determination that the party against which the resolution, order or decision has been rendered will suffer serious or irreparable damages by the failure to decree said suspension. The resolution issued to such effects by the court shall indicate those provisional remedies deemed reasonable to respond for the damages that could be caused by the suspension of the execution of the resolution, order or decision of the Council.

The revision shall be carried out on the grounds of the duly certified administrative record of the procedures before the Council. The determinations of the Council with respect to the facts shall be conclusive if upheld by substantial evidence. The resolution thus rendered shall become final after thirty (30) days of its notice and may only be reviewed through certiorari before the Supreme Court of Puerto Rico, which shall issue its order at its discretion.

History —July 20, 1988, No. 112, p. 459, § 12.