P.R. Laws tit. 9, § 5609

2019-02-20 00:00:00+00
§ 5609. Administrative hearings

In all cases where by virtue of this chapter the Secretary may or should grant a hearing to any person who could be directly affected by his/her decision, the Secretary shall have, among others, the following powers:

(a) To delegate his/her authority to any subordinate official or officials.

(b) To hold as many hearings as he/she may deem necessary.

(c) To administer oaths, summon and examine witnesses, take testimonies, make inquiries and ocular inspections and investigations and require the disclosure of the books and documents or copies or extracts thereof he/she may deem necessary.

(d) The Court of First Instance of Puerto Rico shall have jurisdiction to punish for contempt any person who during the course of an administrative hearing behaves in a disorderly manner, shows disrespect towards the Secretary or his/her delegate, refuses to be sworn, or to testify or answer any question in relation to any administrative hearing; or who fails to obey a subpoena to appear before the Secretary or his/her delegate; or refuses to produce any book or document when so ordered; or hides or destroys said books or documents; or absents him/herself from the jurisdiction of Puerto Rico; or hides him/herself for the purpose of evading service of a subpoena.

The Secretary shall fix, with the approval of the Governor, the per diem and mileage rates to be paid to the witnesses summoned and who appear before him/her.

The party aggrieved or to be aggrieved by the decision of the Secretary may petition the latter to summon such witnesses as said party may deem necessary for the presentation of his/her case, and the Secretary shall do so.

In the administrative hearing referred to in this section, the party aggrieved or to be aggrieved by the decision of the Secretary may appear assisted by counsel and submit all the evidence he/she may deem pertinent.

History —Jan. 7, 2000, No. 22, § 21.09, renumbered as § 20.09 on June 3, 2004, No. 132, § 17, eff. 8 months after June 3, 2004.