Whenever the Board determines that the denial, suspension or revocation of a license is in order, or it determines that a medical technologist must be admonished or censured, it shall so notify the person concerned in writing by certified mail with acknowledgment of receipt, specifying the causes or reasons therefor. The person shall be notified therein of his/her right to an administrative hearing which must be held no later than thirty (30) days following the date on which he/she received the Board’s notice.
The party concerned may attend the hearing on his/her own, or represented by counsel, and shall be entitled to examine the evidence submitted against him/her, to cross-examine witnesses and introduce evidence on his/her behalf. The Board shall evaluate the oral and documentary evidence submitted, issue a decision within thirty (30) days following the date on which the case was filed, and notify the same to the party concerned by certified mail, no later than ten (10) days following the date on which the decision was issued. The Board’s decision must clearly and precisely state the grounds upon which it is based.
If the party concerned does not agree with the Board’s decision, he/she may file a reconsideration of its decision within ten (10) days following the date of notice. Such petition for reconsideration must be made by certified mail with acknowledgment of receipt. The Board must decide the motion for reconsideration within twenty (20) days following the date it was received and must, likewise, notify its decision to the party concerned by certified mail within ten (10) days following the date on which its decision in reconsideration is issued.
In the event that the reconsideration is denied, or if having been granted it affects the party concerned, he/she may appeal for review before the Court of First Instance of Puerto Rico. The appeal for review shall be filed within thirty (30) days following the date on which the Board notifies the party of its decision in review. The Board is bound to take to court, within the term fixed by the court, the file of the administrative proceedings, including the transcription of the stenographer’s record of the hearing, without any cost to the petitioner.
History —Aug. 11, 1988, No. 167, p. 733, § 16.