P.R. Laws tit. 20, § 545o

2019-02-20 00:00:00+00
§ 545o. Referendum

Within thirty (30) days after the effective date of this act, and for the purpose indicated in § 545, the Board of Examiners shall appoint a Referendum Commission of fifteen (15) members who are optometrists, representing all senatorial districts in Puerto Rico. The Referendum Commission shall be presided by the President of the Board of Examiners and its main function shall be to provide orientation to all optometrists regarding the referendum, its reasons and consequences, and to conduct the same according to this chapter. The Referendum Commission shall design and adopt those mechanisms, regulations, ballots and procedures it deems necessary to carry out said consultation and its scrutiny. Every function of the Referendum Commission shall be supervised by the Board of Examiners, whose decisions shall be final and binding.

After the members of the Referendum Commission have been appointed, the Board of Examiners shall provide it with a list stating the name, address and license number of those optometrists authorized to practice the profession in Puerto Rico, and who are entitled to be members of the College. Within forty-five (45) days after the members of the Referendum Commission have been appointed, said Commission shall consult said optometrists by certified mail, for the referendum to be held pursuant to this section. The consultation to each optometrist shall be accompanied by a copy of this chapter. In addition, the consultation to each optometrist shall be preceded by the publication of a notice indicating that said referendum is to be held and the purposes thereof. Said notice shall be published at least twice in two (2) newspapers of general circulation in Puerto Rico.

Only the answers received within thirty (30) days after the publication of the last notice stating that said referendum is to be held and the purposes thereof, shall be valid and be counted.

The answers shall not be conditioned, but must be absolutely affirmative or negative, and must be handwritten on the ballot and signed by the person consulted, stating his/her license number. The ballots must be hand delivered or mailed to the Referendum Commission to the address indicated on the ballot and shall be freely subject to inspection by any optometrist who requests it. The ballots shall remain in the custody of the Referendum Commission until the first meeting of the Constituti[ve] Assembly in the case of an affirmative vote to establish the College or, in the case of a negative vote, until the date provided through regulations.

The affirmative vote of one half plus one of the optometrists authorized to practice the profession of optometry in Puerto Rico, shall be required in order to approve the compulsory establishment of the College. After the scrutiny has been completed, the Referendum Commission shall provide an account of the results, in writing, to the Governor of Puerto Rico and the Board of Examiners.

The association registered at the Department of State under the name of College of Optometrists of Puerto Rico, shall defray all expenses incurred by the Referendum Commission in the coordination and execution of this referendum.

History —Dec. 17, 1993, No. 129, § 16.