The Department of Health, upon notice to the licensee and an opportunity to be heard, may deny, revoke or suspend a license in any case of noncompliance with the applicable regulations promulgated by the Secretary of Health, or of the commission of any of the acts declared illegal by § 821 of this title.
Any applicant or licensee aggrieved by the decision of the Department denying, suspending or revoking a license, as the case may be, may, within a term of thirty (30) days after receiving notice of the decision, appeal to the Court of First Instance of Puerto Rico. The appeal shall be taken through a petition for review filed before the court, with notice on the Department of Health, and shall be accompanied by a specific and concise statement of the error or errors allegedly incurred in the decision of the Department of Health.
Upon receiving notice of the petition for review, the Department of Health shall submit to the court a certified copy of the record and of its decision, including a transcript of the hearings on which the decision is based. The findings of fact of the Department of Health shall be conclusive unless substantially contrary to the evidence.
In the appeal hearing before the Court of First Instance no new evidence shall be admitted, but if any of the parties should convince the court that evidence has been found after the hearing before the Department of Health which could not be obtained for use at that time, after reasonable diligence, and which will substantially affect the merits of the case, the court may, in its discretion, remand the record to the Department of Health for consideration of the evidence subsequently disclosed and the pertinent order or resolution, from which appeal may be taken before the Court of First Instance, as prescribed in this section.
The court may decide the case by confirming, modifying or revoking the decision of the Department of Health.
History —Apr. 20, 1928, No. 24, p. 166, added as § 3B on June 25, 1966, No. 123, p. 381, § 2, eff. 90 days after June 25, 1966.