P.R. Laws tit. 28, § 215

2019-02-20 00:00:00+00
§ 215. Reconsideration and review before the Court of First Instance

(a) Reconsideration. — Any party adversely affected by a resolution, order or decision of the Secretary may request its reconsideration within the term of fifteen (15) days from the date of the notice of said resolution, order or decision.

The filing of the petition for reconsideration shall not exempt any person from complying with or obeying any decision or order of the Secretary nor operate in any way as a stay or postponement of the effective date thereof; unless upon a special order of the Secretary. The Secretary shall have power to grant or deny the reconsideration or to stay, amend or reverse his order or decision with or without a hearing. The filing of a petition for reconsideration shall stay the term to file a petition for review before the Court of First Instance and the term shall begin to run again from the notice of the final decision of the Secretary on the petition for reconsideration.

(b) Review before the Court of First Instance. — The order or decision issued by the Secretary, after a hearing is held or the case is submitted, shall become final and unappealable unless the party or parties adversely affected request the review thereof before the Court of First Instance of Puerto Rico, San Juan Part, within thirty (30) days following the date of notice. Only arguments that are contained in the record of the case and which the Secretary has had the opportunity to assess and to consider can be raised in this request for review.

The filing of a petition for review of any resolution, order or decision of the Secretary shall not stay the effects of such resolution, order or decision unless the court so orders at the request of the interested party, upon a previous hearing and a determination that the party against whom the resolution, order or decision has been entered will sustain serious or irreparable damages if such stay is not decreed. The order entered by the court to that effect shall fix a bond for an amount deemed reasonable to answer for the damages which may be caused by the stay of the execution of the resolution, order or decision of the Secretary.

The judicial review shall be prosecuted on the basis of the administrative record of the proceedings before the Department. The findings of the Secretary in connection with the facts shall be conclusive if supported by substantial evidence. The order issued by the court shall become final thirty (30) days after notice and shall be reviewable only by certiorari before the Supreme Court of Puerto Rico, which shall issue the writ at its discretion.

History —June 25, 1968, No. 132, p. 314, § 11, renumbered as § 10 and amended on June 3, 1976, No. 144, p. 423, § 11; Sept. 2, 2000, No. 370, § 5.