P.R. Laws tit. 1, § 734
The Ombudsman is hereby empowered to establish the systems needed to access, receive, and process claims and complaints filed by elderly persons for alleged actions or inactions of agencies and private entities that impair the rights recognized to them under the Constitution of the United States of America, the Constitution of the Commonwealth of Puerto Rico, and the laws and regulations in effect.
All complaints filed under the provisions of this chapter shall be processed as provided by the regulations to be approved for such purposes in accordance with §§ 2101 et seq. of Title 3, known as the “Uniform Administrative Procedures Act of the Commonwealth of Puerto Rico”. The Ombudsman shall notify the complainant of his/her decision to investigate the facts stated in the complaint and, on the same date he/she processes the corresponding notice, he/she shall also notify the agency or the person or private entity, as the case may be, with a statement of the alleged facts and a citation of the law that confers to him/her the power to conduct said investigation. The Ombudsman shall also notify the complainant of his/her decision not to investigate the complaint in question, when appropriate, stating the grounds for such decision and advising the complainant of his/her right to request a reconsideration and review of the determination.
However, the Ombudsman shall not investigate complaints when:
(a) They refer to a matter outside his/her scope of jurisdiction.
(b) They lack merit.
(c) The complainant does not have standing to file it.
In those cases where the complaint filed does not involve any dispute that can be adjudicated or refers to a matter outside the scope of jurisdiction of the Office, the Ombudsman shall advice the complainant and refer it to the pertinent agency, if necessary.
The Ombudsman, in the exercise of the adjudication authorities granted by this chapter, may designate hearing officers who shall preside over administrative hearings to be held. Adjudication procedures shall be governed by the provisions of §§ 2101 et seq. of Title 3, known as the “Uniform Administrative Procedures Act of the Commonwealth of Puerto Rico” and the regulations to be adopted by the Office for such purposes, including any matter pertaining to the request for reconsideration and review of an adverse determination of the Ombudsman and his/her power to impose and collect administrative fines up to ten thousand dollars ($10,000), and to impose compensation for damages, including emotional damages, among others.
History —July 24, 2013, No. 76, § 15.