P.R. Laws tit. 1, § 820

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

Any complaint filed in accordance with the provisions of this chapter shall be processed as provided in the regulations to be adopted for such purposes. The Advocate shall notify the complainant about his/her decision to investigate the facts stated in the complaint and, on the same date on which the corresponding notice is issued, the Advocate shall also notify the agency, person, or private entity, as the case may be, including a statement of the facts alleged on the complaint and a citation of the law that empowers him/her to conduct such investigation. Furthermore, the Advocate shall notify the complainant about his/her decision not to investigate the complaint in question, as appropriate, stating the grounds therefor and apprising him/her of his/her right to request reconsideration and review of such determination.

However, the Advocate shall not investigate complaints when:

(a) The complaint refers to a matter outside his/her scope of jurisdiction.

(b) The complaint lacks merit.

(c) The complainant voluntarily dismisses the complaint.

(d) The complainant lacks standing to file a complaint;

(e) The complaint is under investigation by another agency and, in the judgment of the Advocate, it would result in a duplication of efforts.

In those cases in which the complaint filed does not involve any dispute that can be adjudicated or refers to an issue outside the scope of jurisdiction of the Advocacy Office, the Advocate shall advise the complainants and, if necessary, refer them to the pertinent agency.

History —Sept. 24, 2015, No. 158, § 2.09.