(a) No person may engage in the license-procuring business nor perform any action proper to said business in Puerto Rico, without first having approved an examination, offered by the Secretary, to obtain “license-procuring agent” [sic] posting a bond in an amount not less than twenty-five thousand dollars ($25,000), in order to respond for the adequate performance of his/her functions and obtaining the corresponding identification cards of his/her authorized agents, pursuant to this section.
The Secretary shall prepare and administer the license processing agent examination, which shall objectively measure all the transactions pertaining to license agents before the Department. The examination shall be administered at least three (3) times per year, with not less than four (4) months between such administration dates. The license shall have an effectiveness of two (2) years, and must be renewed upon expiration of said term, as provided by the Secretary through regulations.
(b) Every application for the license agent examination shall be completed in writing on the forms provided by the Secretary and shall include under oath the address where the main business office is to be established, identification of the applicant, identification of each one of his authorized agents, as well as any other information that the Secretary may require. [A license shall not be granted to operate a license procuring business in an establishment, locality or address that is located less than two hundred (200) meters from any other establishment previously established and duly authorized by the Secretary to operate this same type of business or of any CESCO or of the Department.]
Every application for an examination for a license renewal and corresponding identification cards must include an internal revenue voucher for the payment of the fees established in § 5682 of this title.
Every application for renewal of this type of license and identification cards shall be filed not later than thirty (30) days prior to its expiration.
Said license must be displayed at the business location in a place visible to the public and shall not be transferable. The authorized agent must carry the identification card with him while in the fulfillment of his duties.
(c) No license shall be issued to any person if said person or any of his agents has been convicted in any jurisdiction of the crimes of forgery, fraud, false pretense, illegal appropriation in any of its modalities, extortion, burglary in any of its modalities, theft in any of its modalities or bribery. Nor shall a license be granted to officials or employees of the Department or former officials or employees of the Department until two (2) year[s] have elapsed after having left the agency. Neither shall a license be granted to persons engaged in the sale, distribution or financing of motor vehicles, or to their agents, employees or relatives within a fourth degree of consanguinity or second of affinity.
(d) The Secretary may suspend, revoke or refuse to issue or renew an agent license or authorization on any grounds that empower him to take such action under the provisions of this section, any of the provisions of this chapter or the regulations promulgated thereof, including violation or noncompliance with any of the provisions of this section.
(e) The Secretary shall establish those regulations deemed necessary to implement the provisions of this section.
(f) Any person who violates the provisions of this section or the regulations promulgated thereto, shall incur an administrative fault and shall be punished with a fine of five hundred dollars ($500).
History —Jan. 7, 2000, No. 22, § 3.18; June 3, 2004, No. 132, § 3, eff. 8 months after June 3, 2004.