P.R. Laws tit. 3, § 532h

2019-02-20 00:00:00+00
§ 532h. Power to investigate and adjudication procedures

In the exercise of the powers, prerogatives and duties conferred upon him by § 532g of this title, the investigating official may:

(a) Perform investigations and obtain pertinent information with regard to the complaints he is investigating.

(b) Conduct administrative hearings and mediation meetings. The hearings held before the investigating official shall be public but when the public interest justifies it, they may be private.

(c) Inspect the records, inventories, documents and physical facilities of public agencies or private entities, subject to the provisions of this chapter and the other acts under his administration and jurisdiction which may be pertinent to any investigation or complaint under his consideration.

No natural or juridical person may refuse to obey a summons issued by the investigating official or his authorized representative, nor may refuse to reproduce the evidence which has been required of him/her, nor may refuse to answer any question with regard to any matter being investigated by the investigating official, nor may deny entry to the officials of the Office into any structure or building under its/his/her control when the purpose is the inspection of such facilities or of documents kept therein.

(d) For the purposes provided [in] § 532g(a) of this title for and in representation of the disabled persons who qualify [thereunder] for benefits under the pertinent federal or state laws or regulations, appear before any forum, state [or] federal court, board or commission, administrative body, department, office or agency of the Commonwealth of Puerto Rico in any hearing, proceeding, or matter that affects or may affect the interests, rights and prerogatives of these persons.

(e) File any legal recourse or remedy in effect, per se or in representation of the disabled persons whose benefit and protection are contemplated in the state or federal laws, against any public agency or private entity to defend, protect and safeguard the interests, rights and prerogatives of these persons.

The investigating official shall establish through regulations the procedures to be followed in all adjudication procedures and shall grant due process of law to the defendant. The power to adjudicate conferred to the investigating official shall be implemented pursuant to the provisions of §§ 2101 et seq. of this title, known as the “Uniform Administrative Procedures Act”.

History —Sept. 27, 1985, No. 2, p. 816, § 9, renumbered as § 12 and amended on Aug. 30, 1999, No. 298, § 6; July 30, 2007, No. 88, § 4.