P.R. Laws tit. 1, § 811

2019-02-20 00:00:00+00
§ 811. Definitions

The following terms shall have the meaning stated below:

(a) Agency.— Means any department, board, commission, division, office, bureau, administration, public corporation or a subsidiary thereof, municipality or instrumentality of the Commonwealth of Puerto Rico, including any officials, employees, or members thereof when discharging or appearing to be discharging his/her official duties.

(b) Advocate.— Means the Advocate for Persons with Disabilities, a position created by virtue of this chapter.

(c) Advocacy Office.— Means the Commonwealth of Puerto Rico Persons with Disabilities Advocacy Office.

(d) Private entity or interests.— Means any association, organization, institute, or natural or juridical person that renders, offers, or provides any service or activity or that administers or develops a program that satisfies the needs of the population served by the Advocacy Office. In addition, it shall include any association, organization, institution, or natural or juridical person where a member of the population served by the Advocacy Office works.

(e) Commonwealth.— Means the Commonwealth of Puerto Rico.

(f) Bona fide organizations.— Means any nongovernmental entity engaged in, or whose main purpose is, advocating for or protecting the rights of persons with disabilities in the Commonwealth of Puerto Rico. Bona fide organizations shall be deemed to be those nongovernmental entities that render services aimed at preserving and promoting the social welfare of the population served by the Advocacy Office. No political organization shall be deemed to be a bona fide organization for purposes of this chapter. Organizations must provide documentary evidence attesting to the work performed in favor of the rights of persons with disabilities. Such evidence shall be examined by the Director’s Council before considering any candidate or recommendation of an organization.

(g) Person with disability.— Means any person who has a physical, cognitive, mental, or sensory disability that substantially limits one or more of the essential activities in his/her life; or has a medical record or history of physical, mental, or sensory disability; or is considered to have a physical, mental, or sensory disability in accordance with §§ 512 et seq. of this title, known as the “Bill of Rights of Persons with Disabilities Act”. Furthermore, it shall mean any person who has a physical, mental, sensory, or any other disability included in Public Law 106-402, as amended, known as the “Developmental Disabilities Assistance and Bill of Rights of 2000”, Public Law 93-112, as amended, known as the “Rehabilitation Act of 1973,” or any other federal or state regulation created in the future through federal or state law.

(h) Complainant.— Means any natural or juridical person, including government agencies, that files a complaint with the Advocacy Office under the belief that there has been a violation or infringement of a right recognized under the laws and regulations administered by the Advocacy Office. This includes, but is not limited to, any person whose rights, as recognized under the Constitution of the United States of America, the Constitution of the Commonwealth of Puerto Rico, or the laws and regulations administered by the Advocacy Office, have been violated; including, but not limited to, persons with disabilities, parents, legal or actual custodians, tutors, guardians, spouses, children, relatives, legal representatives, and conservators, among other relatives and persons responsible for assisting and guaranteeing the interests of persons whose rights under the Constitution of the United States of America, the Constitution of the Commonwealth of Puerto Rico, or the laws and regulations administered by the Advocacy Office, have been violated.

History —Sept. 24, 2015, No. 158, § 1.02.