P.R. Laws tit. 5, § 1103

2019-02-20 00:00:00+00
§ 1103. Approval and judicial review of regulations

(a) The regulations shall, once approved by the Secretary, have the force of law, and the Secretary shall transmit copies thereof to the Legislature of Puerto Rico.

(b) The approval of any regulation shall be after a public hearing held before the Administrator or his agent, in which all parties concerned may participate. The holding of a hearing for the purpose expressed in this subdivision shall be announced in a newspaper of general circulation in the Commonwealth with at least five days’ notice.

(c) The regulations so approved shall take effect from the date whereon approval thereof is announced indicating where and how copies may be obtained.

(d) For the approval of new regulations and the taking effect of amendments to existing regulations, the foregoing procedure shall be followed.

(e) The validity of a regulation in force, approved hereunder, or of any amendments thereto, may be challenged by any party actually interested who considers himself aggrieved; such challenge may be through petition for review before the Court of First Instance of Puerto Rico, within the fifteen (15) days following the taking effect of the regulations or of the amendment in question. Such review shall be limited to issues of law, and the findings of fact of the Administrator, supported by substantial evidence in the record, shall be conclusive. The party aggrieved by the judgment of the Court of First Instance may petition for review through certiorari by the Supreme Court of Puerto Rico within twenty (20) days after service of notice of the judgment. The Supreme Court may issue the writ on the merits of the petition, and shall, in case of a denial, set forth the reasons therefor, but in no case shall it stay the effects of the judgment of the Court of First Instance pending decision of the petition.

(f) In transacting the petition for judicial review authorized in this section, the Administrator shall transmit to the Court of First Instance the original record of the case within the fifteen (15) days following the date whereon the petition for review was filed. He shall likewise prepare and certify as correct the transcript of the stenographic record of the case, which shall be transmitted to the court on request of the party in interest, upon payment of the proper fees and as and within the term directed by the court.

(g) The procedure established in this section for challenging regulations approved by the Secretary is exclusive and said regulations shall not be subject to collateral review.

History —June 11, 1957, No. 34, p. 67, § 12.