P.R. Laws tit. 10, § 778

2019-02-20 00:00:00+00
§ 778. Investigative power

(a) The Commissioner may issue subpoenas to compel the attendance of witnesses and the production of such economic data or information as he may deem necessary for the administration of the statute. If the subpoenaed person should refuse to submit the required information, he/she may challenge the requirements of the Commissioner through the procedure established in §§ 2151—2168 of Title 3, part of the Uniform Administrative Procedures Act. The challenge may only be on the grounds that the requirement of information is unreasonable or exceeds the power of the Commissioner, since it does not have any relationship with the areas of interest covered by this chapter. The witnesses so subpoenaed by the Commissioner shall receive per diems at the rate fixed for witnesses subpoenaed by the Court of First Instance of Puerto Rico.

(b) The Commissioner, or his duly authorized agent, may administer oaths and receive testimony, data or information.

(c) If a subpoena issued by the Commissioner is not duly obeyed, the Commissioner may appear before the Court of First Instance of Puerto Rico and petition the court to order compliance of the summons. The Court of First Instance shall give priority to the course and dispatch of said petition and shall have the authority to issue orders compelling the appearance of witnesses or the production of any data or information which the Commissioner may have previously required. The Court of First Instance shall have power to punish as contempt the disobedience of such orders.

(d) In case that a natural person should refuse to obey a subpoena of the Commissioner or a judicial order so issued on the grounds that the testimony, data or information required of him might incriminate him or give rise to a penalty, the Commissioner must resort to the Court of First Instance so that, through a court order issued to these effects, it will order the person who has raised his/her constitutional privilege to avoid self-incrimination, to produce the information required by the Commissioner. In these cases the court shall order that said information can not be used in any criminal procedure against the person who submitted the information requested by the Commissioner.

History —June 19, 1964, No. 68, p. 192, § 408; Aug. 17, 1989, No. 69, p. 301, § 13; renumbered as § 506 on Dec. 23, 1998, No. 310, § 24, eff. 60 days after Dec. 23, 1998.