P.R. Laws tit. 1, § 831

2019-02-20 00:00:00+00
§ 831. General provisions

(a) The Advocacy Office shall not require persons with disabilities interested in filing a complaint to pay any amount, duty, or fee for the filing, processing, or investigation of any complaint or issue under its jurisdiction, or for the rendering of assistance, orientation, and advisory services relating to the programs, services, or benefits to which persons with disabilities are entitled or for any orientation on the recourses, mechanisms, requirements, means, or procedures needed to participate in, benefit from, or obtain the same, or to exercise their rights.

(b) Any public agency that offers, renders, administers, or has jurisdiction over any procedures, programs, funds, activities, benefits, or services for the population served by the Advocacy Office shall deliver to this such entity, and the latter shall be entitled to require the delivery of, not less than six (6) copies of all the regulations, standards, executive orders, decisions, opinions, manuals of procedures or services that govern, in accordance with the applicable local and federal laws, any matter relating to the population served by the Advocacy Office. Public agencies shall comply with these provisions within thirty (30) days following the date on which the Advocacy Office begins operations. Subsequently, and in the case that standards, rules, and procedures are approved or amended, modified or repealed, or new requirements are established, or the services or benefits offered by public agencies are broadened, eliminated, or altered, the latter shall deliver not less than six (6) copies each of these changes, amendments, or modifications, as the case may be, to the Advocacy Office within fifteen (15) days following the date on which such changes, amendments, or modifications are made.

(c) The Advocacy Office, its officials, employees, and representatives shall not be held civilly or criminally liable for discharging their duties in good faith, as provided in this Act or any applicable state or federal statute, including Public Law 89-73 of July 14, 1985, as amended known as the “Old Americans Act of 1965”.

(d) The Advocacy Office, its officials, employees, and representatives shall guarantee the confidentiality of any document examined and gathered in the course of the investigation and processing of a complaint filed under this chapter and the provisions of the applicable federal and state laws. Complainants, witnesses, patients, or residents shall be guaranteed confidentiality until authorization from said complainants, witnesses, patients, residents, or their legal representatives is obtained. No official, employee, or representative of the Advocacy Office shall be compelled to testify regarding the information obtained in the course of an investigation, except in those cases where they can be legally compelled to do so by competent judicial forums.

(e) The Advocacy Office, whether on its own motion or through collaboration agreements, shall establish and implement a plan approved by the Director’s Committee[sic] for the establishment of regional, district, or municipal offices to facilitate and promote people’s access to services, in order to achieve the purposes of this chapter. Thus, the Advocacy Office shall promote the execution of collaboration agreements by and between the government and the private sector including, but not limited to, entering into agreements with municipal governments, entities, and corporations, as well as with nongovernmental organizations and entities concerned with the rights of persons with disabilities, insofar as said agreements make the discharge of their duties feasible and do not impair their authorities.

(f) The Advocate shall not impose the payment of attorney fees on the Commonwealth of Puerto Rico.

(g) The members of the Director’s Council as well as all the employees of the Advocacy Office shall be subject to the provisions of §§ 1854 et seq. of Title 3, known as the “Puerto Rico Government Ethics Act of 2011”.

(h) No person who holds an elective office may be nominated for membership of the Director’s Council or to hold the office of Advocate.

(i) No agency or instrumentality of the Government of the Commonwealth of Puerto Rico shall establish requirements or impose restrictions on the use or administration of federal funds allotted to the Advocacy Office. These funds shall be administered in accordance with the applicable federal laws and regulations.

(j) Funds collected on account of administrative fines imposed by the Advocacy Office shall be deposited in the Special Fund for the Advocacy Office.

History —Sept. 24, 2015, No. 158, § 3.01.