The Board may initiate an investigation motu proprio or through a sworn complaint filed by a natural or juridical person before the Secretary of the Board. The Board shall notify the geologist concerned of the nature of the charges against him/her within a term of twenty (20) working days following the date the complaint was filed, or of the determination of the Board to investigate motu proprio, as the case may be.
The notice shall be served in writing and sent by certified mail with receipt requested. It shall state the date, time and place that the Board shall hold the administrative hearing to judge said charges.
The geologist thus affected shall be entitled to appear in person at the hearing, to be represented by counsel, to question witnesses testifying against him/her and examine the evidence against him/her. He/she shall also be entitled to file an explanatory motion including his/her version of the facts within a term of twenty (20) calendar days counting from the date the notice was served.
If sufficient cause is found, or if the geologist concerned does not appear without just cause, his/her license shall be suspended by a resolution of the Board, as established by law.
The Board shall make its decision in a term which shall not exceed twenty (20) days from the date the case is filed. The Board’s decision shall be served to the geologist concerned by certified mail with receipt requested within ten (10) days following the date of issue. The decision of the Board shall state the reasons on which the same based in a clear and precise manner.
The geologist affected by a determination of the Board shall be entitled to file a motion for reconsideration within the term of twenty (20) calendar days from the date the resolution issued by the Board is served. The Board shall consider the motion and make a decision within thirty (30) calendar days after such motion was filed before it.
Should the reconsideration be adverse to the person affected, he/she may file a petition for a judicial review with the Court of First Instance of Puerto Rico, San Juan Part, within the term of thirty (30) calendar days after being duly served.
History —Aug. 23, 1996, No. 163, § 15.