P.R. Laws tit. 17, § 1004

2019-02-20 00:00:00+00
§ 1004. Powers

The Administrator shall have the following powers and duties, in addition to any others provided in this chapter:

(a) To establish the internal organization of the Administration and any necessary systems for its adequate functioning and operation with the approval of the Board.

(b) To execute all necessary administrative and managerial actions for the implementation of this chapter and the regulations adopted by virtue of the same, as well as for the implementation of any other acts, regulations, services or programs integrated to the Administration.

(c) To plan, direct and supervise every activity, operation and transaction of the Administration and represent it in all actions and agreements that are required.

(d) To appoint the necessary personnel for the implementation of this chapter, who may avail themselves of the benefits in §§ 761 et seq. of Title 3, which establishes the Retirement System for Employees of the Commonwealth of Puerto Rico and its Instrumentalities, and § 862g of Title 3, which establishes the Puerto Rico Commonwealth Employees Savings and Loan Fund. The Administration shall constitute an individual administrator, to the effects of Act No. 5 of October 14, 1975, known as “Public Service Personnel Act of Puerto Rico”.

(e) To assign tasks, duties and responsibilities to officials and employees of the Administration based on criteria that will allow a more effective use of human resources and taking into consideration, without being understood as a limitation, public service needs, the rational assignment and distribution of duties, the delegation of powers according to responsibilities and tasks; and the selection of the most suitable personnel and its placement in those functions that will enable the most effective rendering of services.

(f) With the prior authorization of the Board, to contract technical and professional services, and to authorize the purchases that are needed to carry out the purposes of this chapter; Provided, however, That he can grant such contracts and authorize the purchases that are needed to carry out the purposes of this chapter without the previous authorization of the Board in those contracts or purchases that do not exceed one hundred thousand dollars ($100,000), all in compliance with the applicable rules and regulations of the Department of the Treasury, and of any other state or federal agency, which regulates contracts for professional services and government purchases.

(g) To delegate to any Administration, officials or employees the tasks, duties and responsibilities conferred to him by this chapter, except for the appointing of officials, granting of contracts and approving of purchases in excess of twenty-five thousand dollars ($25,000), and approving regulations.

(h) To prepare, for the Board’s consideration and approval, the Administration’s expense budget, to control and decide the nature and need of all Administration expenses, the manner in which the same shall be incurred, authorized and paid for, subject to the Department of the Treasury regulations for the disbursement of public funds.

(i) To integrate the budget petitions of the programs and services under his administration for presentation to the Board as a whole.

(j) To establish, with the approval of the Board and of the Secretary of the Treasury, an accounting system for a complete and detailed registry and accounting of all expenses, disbursements and revenues of the Administration, and for the adequate control of all its fiscal operations establishing also that the accounting system shall comply with all the applicable federal laws and regulations. In case the applicable federal laws or regulations conflict with state law, federal law shall prevail.

(k) To adopt, with the approval of the Board, the norms for the use, control and conservation of public property under the custody of the Administration and for the storage and distribution of goods acquired to render services to public housings and to any other programs under its administration.

(l) To administer any project owned by, or under the jurisdiction of the Administration, whether leased by it or conveyed in any legal way, and to execute agreements with other agencies of the Commonwealth of Puerto Rico or of the federal government, with any municipality; with any public or private person; to administer any public housing project, provided it is useful and convenient to achieve the objectives of this chapter.

(m) To carry out all activities, agreements and programs that are proper, necessary and convenient to comply with the purposes of this chapter.

(n) To periodically evaluate the programs and rules to develop procedures, methods and systems in order to redirect the Administration’s efforts according to changing needs in the areas of services and activities entrusted by this chapter.

(o) To transfer funds and resources, with the approval of the Board and the Governor or the official on whom he delegates, to agencies or municipalities of the Commonwealth of Puerto Rico or the federal government so that said agencies can carry out specific stages or activities of the programs, services and functions of the Administration, when in their judgment, said action facilitates or accelerates the attainment of the objectives of this chapter.

(p) To receive, with the approval of the Board, money, equipment, materials or services through donation, usufruct or any other legal means, from other agencies or municipalities of the Government of the Commonwealth of Puerto Rico, the government of the United States of America, or from any private person, for its ends and purposes.

(q) To render an annual report to the Legislature and the Governor of Puerto Rico, through the Board, on the activities of the Administration, the funds appropriated or generated during the corresponding report year, their source, disbursements made, and surplus money, if any.

(r) To prepare and adopt, with the Board’s approval, the necessary plans of action to implement the administration’s powers and duties under this chapter.

History —Aug. 17, 1989, No. 66, p. 282, § 5; Jan. 10, 2003, No. 71, § 3.