P.R. Laws tit. 20, § 3310

2019-02-20 00:00:00+00
§ 3310. License; refusal, suspension or revocation; administrative and judicial procedures

(a) Whenever the Board determines the appropriateness of a denial, temporary suspension, permanent revocation or the temporary or permanent denial of a license renewal, it shall notify the interested party in writing by certified mail with acknowledgement of receipt, citing the reasons therefor. If the interested party does not agree with the Board’s determination, he must request an administrative hearing in writing by certified mail with acknowledgment of receipt for the purpose of refuting the Board’s action, within thirty (30) days following the receipt of the notice.

(b) If the administrative hearing is requested within the aforementioned term, the Board will be obliged to hold it within thirty (30) days after it has been requested, and it shall also be obliged to call the interested party by certified mail with acknowledgment of receipt, at least fifteen (15) days prior to the date of the hearing.

(c) The aggrieved party shall have the right to be heard in person or through his lawyer, and may introduce oral or documentary evidence in his favor.

(d) Once the hearing is held, the Board shall reach a decision in a term that shall not exceed twenty (20) days from the date of the hearing’s determination and shall notify the interested party of its decision, by certified mail with acknowledgment of receipt, within the ten (10) days after having reached a determination. The Board’s decision must include the grounds upon which it is based in a clear and precise manner.

(e) If the interested party is not satisfied with the Board’s decision, it must request a reconsideration thereof, in writing by certified mail with acknowledgment of receipt, within the twenty (20) days following receipt of the decision. The Board will be obliged to resolve the request for reconsideration within twenty (20) days following the receipt of the request and shall also be obliged to notify the interested party of its determination, by certified mail with acknowledgment of receipt, within the ten (10) days following its resolution.

(f) If the reconsideration is denied or if, after being granted, the Board’s decision is still adverse, the interested party may appeal for a review before the Court First Instance of Puerto Rico in the Part corresponding to his place of residence. The appeal for review before the Court of First Instance must be filed within twenty (20) days following the date of receipt of the Board’s notice. A party who has not requested a reconsideration of a Board’s decision within the term prescribed by this section may not appeal for a review before a Court of First Instance.

(g) The party appealing to the Court of First Instance must send the Board a copy of its appeal for review. The Board shall be obliged to take the administrative process file, including a transcription of the stenographic record of the hearing to the court, within the term fixed by it, without cost to the petitioner.

(h) The Court of First Instance shall review the proceedings, shall summon to a hearing, if it deems it necessary, and shall determine whatever, in its discretion, is proper. The Court of First Instance’s decision shall be final. The theater actor may continue to perform until the determination is final and binding.

History —July 15, 1986, No. 134, p. 423, § 10, eff. 60 days after July 15, 1986.