P.R. Laws tit. 20, § 2631
The Board shall have the power to suspend, revoke or deny the renewal of a license issued to any draftsman, if upon preferment of charges, notice and hearing it is determined that this person has indulged in any of the following practices:
(a) Has been declared mentally disabled by a competent court; or if his disability is established before the Board through medical experts; Provided, That the license may be granted as soon as the person be declared to be again able and if he meets the other requirements prescribed herein.
(b) Is a [drug addict] or an alcoholic and does not present evidence that he is in process of rehabilitation; Provided, That the license may be granted as soon as this person proves to be able and if he meets the other requirements prescribed herein.
(c) Has obtained the license by means of fraud or deceit.
(d) Has been convicted of a felony or a misdemeanor involving moral turpitude.
(e) Has incurred, in the judgment of the Board, in incompetence or gross negligence or in dishonest practices while practicing his profession.
(f) For continuing practicing his profession with the knowledge that he is suffering from an infectious or contagious disease.
(g) For using false means of commercial propaganda in his advertisement.
(h) For violation of any of the provisions of this chapter or of the bylaws of the Board.
Any aggrieved person may file a complaint before the Board of Examiners against a draftsman for any violations of this chapter. Said complaint shall be in writing and sworn to by the person presenting the same.
The Board shall investigate the complaint and take action within three (3) months after the date it was filed. If the Board finds just cause for the complaint, it shall be bound to notify the complaint to the member who is charged with a copy thereof, and to summon him/her to a hearing, notifying the date and place at which said hearing shall be held, allowing the responder to be assisted by an attorney, to be confronted with the proof submitted against him/her and to submit proof in his/her behalf, thus guaranteeing him/her all the rights and prerogatives of due process, pursuant to the regulations adopted by the Board for such purposes, under §§ 2101 et seq. of Title 3, known as the “Uniform Administrative Procedures Act”.
The Board, person or committee upon which the holding of the hearing is delegated may take oaths and statements and compel the appearance of witnesses and respondent and the presentation of documents, papers, files and all other objects necessary for a fuller appraisal of the complaint received.
Every summons requiring an appearance before the Board or the person or committee authorized by the same may be issued by the Board, the Chairperson of the designated Committee or the person designated by the Board for the investigation of complaints. The summons shall require the summoned person to appear with any documents and objects requested on the date, time and place that is established. The summons shall be served by a person over eighteen (18) years of age who is able to read and write. The sworn certification of the person in charge of serving the summons stating that he/she has served a copy thereof to the respondent or witness, and the date and place where it was served, shall constitute proof of service of said summons.
When a person who has been summoned fails to appear or to produce the documents requested, or refuses to answer or knowingly makes false statements when asked questions pertinent to the investigation of a complaint, the Board or the person or committee designated by the Board may request the Court of First Instance to issue an order directing compliance with the above requirements. Once the request is submitted to the Court of First Instance, it shall issue a summons, without delay, to require and order the witness or the respondent to appear and to testify or produce the evidence or documents requested, or both.
Every resolution of the Board to suspend, revoke or deny the granting of a license may be reviewed by the Court of Appeals upon filing the corresponding appellate recourse, within thirty (30) days [following] the notice of the resolution to the person concerned.
History —May 21, 1976, No. 54, p. 140, § 31; Sept. 22, 2004, No. 425, § 11.