P.R. Laws tit. 1, § 320

2019-02-20 00:00:00+00
§ 320. Investigations

All complaints filed pursuant to the provisions of this chapter shall be handled in the manner provided by regulations that to such effect is approved in compliance with §§ 2101 et seq. of Title 3, known as the “Commonwealth of Puerto Rico Uniform Administrative Procedures Act”. The Advocate shall notify the complainant of her decision to investigate the alleged facts, and on the same date on which she processes the corresponding notice, she shall so notify the agency or private person or entity, as the case may be, stating the facts alleged in the complaint and citing the act that confers upon her the power to conduct said investigation. She shall also notify the complainant of her decision not to investigate the complaint in question when deemed pertinent, and shall state the reasons for so doing and advise the person of her right to request a reconsideration and review of said determination.

However, the Advocate shall not investigate complaints when:

(a) They refer to a matter outside the scope of her jurisdiction.

(b) They lack merit.

(c) The complainant has voluntarily desisted thereof.

(d) The complainant does not have legitimate grounds to file the same.

In those cases in which the complaint filed does not involve a controversy that may be adjudicated or that refers to a matter outside the scope of the jurisdiction of the Office, the Advocate shall offer guidance to the complainant and refer the complaint to the pertinent agency, should it be necessary.

History —Apr. 11, 2001, No. 20, § 12.