P.R. Laws tit. 29, § 150
The duty to enforce §§ 146—151 of this title is hereby imposed upon the Secretary of Labor and Human Resources.
The Secretary of Labor and Human Resources is hereby empowered to adopt any rules or regulations that are necessary:
(a) To enable the execution and purpose of §§ 146 et seq. of this title, and
(b) without limiting the general nature of the above, to define terms or words used §§ 146—151 of this title. All rules and regulations, after having been approved by the Governor and being duly promulgated, shall have the force of law.
The Secretary of Labor and Human Resources or his/her representative, is hereby authorized to perform all investigations and inspections he/she may consider necessary or convenient on his/her own initiative or through a complaint filed by a person, to determine whether an employee or labor organization has failed to comply with the provisions of §§ 146—151 of this title and to see that they are complied with, and to obtain information to be used in the administration of any of its provisions.
When a complaint for discrimination is filed at the Department of Labor and Human Resources, the one year statute of limitations to file for judicial action shall be interrupted upon notice of the complaint to the employer or defendant, provided the notice is served within said time limitation. Furthermore, said statute of limitations shall remain suspended or frozen while the complaint is being processed at the Department of Labor and Human Resources and the defendant has not been notified of the decision of the Secretary of that Department, concerning the claim. If while the claim is being processed at the Department of Labor and Human Resources, the claimant requests to be allowed to withdraw the complaint, or states that he/she no longer wishes to pursue the action, the aforementioned time limitation shall begin again from the date the Secretary of Labor and Human Resources gives notice of his/her decision to the parties. In the other cases, the statute of limitations shall be interrupted with the extrajudicial claim, with the filing of the corresponding judicial action or by the acknowledgement of the debt on the part of the employer or his/her authorized agent.
Every employer or labor organization thus investigated, as well as their officials, employees, agents and representatives, shall produce and make available to the Secretary the records, documents or files in their possession pertaining to matters under the investigation.
In the exercise of such duties and faculties, the Secretary or any employee of the Department which he/she may designate, is hereby authorized to hold public hearings, summon witnesses, take oaths, receive testimony and, in compliance with these provisions, may issue summons under penalty of contempt of court, compel the appearance of witnesses and the production of facts, information or documentary evidence as well as of any other kind, and may also examine and copy books, records and any other documents or papers belonging to the said employer or labor organizations and may also request any other information in order to comply with the provisions of §§ 146—151 of this title; and may also resort to the Court of First Instance of Puerto Rico, to request it to order compliance with any summons or order issued by the Secretary. Non-compliance of a court order granting such a request shall constitute contempt of court.
Jurisdiction is hereby conferred upon the San Juan Court of First Instance Parts so that, at the instance of the Secretary of Labor and Human Resources, they issue injunctions and grant any other legal remedies that may be needed to enforce the terms of §§ 146—151 of this title and to see that the rules, regulations, orders and decisions issued by the Secretary of Labor and Human Resources under of the powers conferred upon him by §§ 146—151 of this title, are complied with.
The attorneys of the Department of Labor and Human Resources may act as prosecutors with all the powers and authority of the District Attorneys, in criminal cases that may arise under the provisions of §§ 146—151 of this title.
History —June 30, 1959, No. 100, p. 284, § 5; June 22, 1975, No. 58, p. 131, § 6; May 31, 1991, No. 10, § 2.