Whenever the Department has information or believes that a place is operating as a student boarding house business contrary to or in violation of this chapter and the regulations approved thereunder, it may perform the necessary inspection of that site, with the consent of the legal occupant and without a prior search warrant issued by a competent court.
In the exercise of the responsibility conferred herein, the Department may exercise all the powers granted to it pursuant to §§ 341—341w of Title 3, as amended, known as the “Organic Act of Department of Consumer Affairs” and §§ 2101 et seq. of Title 3, known as the “Uniform Administrative Procedures Act”, as amended, including the power to inspect the businesses subject to this chapter and to impose administrative sanctions.
When through information or belief it is understood that a place is operating as a student boarding house business without a valid license issued by the Department, whether because it has been denied, suspended, cancelled, or because it has not been renewed or requested, the Department is hereby authorized to perform the necessary inspection, which includes the power to compel the appearance of witnesses and the production of documents or information to corroborate the existence or nonexistence of the boarding house business at the moment it acquires knowledge of said information or belief, without having to request and having been issued a search warrant by a Court of Justice. If any legal occupant of the place to be inspected were to deny permission for the inspection, any magistrate, upon receiving a sworn statement that reveals probable cause for it, may issue a warrant authorizing the authorized representative of the Department to enter the place in question with the purpose of performing the investigation or the corresponding inspection. None of the abovementioned shall be interpreted as limiting the right of the Department or its authorized representatives to enter sites that are, or that there is the belief that they are operating as a student boarding house, without first obtaining permission from the owner or tenant, provided that the Department or its representative enters in good faith, with the purpose of carrying out investigations or inspections under the present law, directed to protect the health and safety of our young university students.
History —Aug. 22, 1990, No. 48, p. 196, § 10; June 14, 2000, No. 99, § 1.