P.R. Laws tit. 1, § 318

2019-02-20 00:00:00+00
§ 318. Powers and functions

The Advocate, in order to comply with the purposes of this chapter, shall also have the following powers and functions:

(a) To attend to, investigate, process and adjudicate complaints regarding the actions and omissions which impair women’s rights, deprive them of the benefits and opportunities to which they are entitled and affect women’s benefits programs; and grant the pertinent remedies under the law, as well as order corrective action to any natural and juridical person, or to any agency that denies, obstructs, violates or impairs women’s rights and benefits.

(b) To take measures for processing claims that propitiate the attainment of the ends of this chapter, including legal representation or other expertise or support services for the processing of these claims. For such purposes, the Advocate may provide, directly or through contracts or referrals, at her discretion, legal, professional, medical, expert or technical services, or appear on behalf and in representation of women who qualify to obtain a certain benefit or right under the laws and regulations of the Commonwealth of Puerto Rico or municipal ordinances and federal laws, before any court, administrative or mediation forum, board, commission or office.

(c) To conduct investigations, on her own initiative or with regard to complaints under investigation, obtain relevant information, hold administrative hearings and conduct on-site inspections. The hearings held at the Advocate’s Office shall be public, unless public interest reasons justify a hearing to be held in private.

(d) To adopt the rules and regulations needed to carry out the purposes of this chapter.

(e) To take oaths and statements per se or through her authorized representatives.

(f) To inspect records, inventories, documents, and the facilities of public agencies and of private persons and entities when deemed pertinent and necessary for an investigation or complaint before her consideration.

(g) To order the appearance and testimony of witnesses and require the presentation or reproduction of any paper, book, document and other evidence germane to an investigation or complaint before her consideration.

When a duly summoned witness fails to appear to testify or does not produce the evidence required, or when he/she refuses to answer any question or to allow the inspection requested pursuant to the provisions of this chapter, the Advocate may require per se or request the aid of any Court of First Instance for the appearance, testimony, reproduction, or inspection thus required. The Secretary of Justice shall provide the Advocate with the legal aid necessary for such purpose if it were to be required by the Advocate, who may choose to appear through her attorneys. The presentation of the testimony, as well as the information and the inspection, shall be subject to the provisions of §§ 591 et seq. of this title.

(h) To impose and collect administrative fines for up to a maximum of $10,000 per action or omission that impairs women’s rights protected by the Constitution and the laws of the Commonwealth of Puerto Rico, and fix compensation accordingly for damages caused, in cases where it is in order.

(i) To impose on the party that does not prevail in a quasi-judicial procedure the obligation to pay attorney fees and costs, when in order according to the law.

History —Apr. 11, 2001, No. 20, § 10.