P.R. Laws tit. 21, § 4614
Regarding those projects which, through agreement, have been transferred to a municipality upon receipt of a copy of a file on an urbanization project or a project other than the urbanization project for which it has requested a copy of the file due to its possible regional impact, the Planning Board may, during the evaluation process of the project by the municipality and prior to making a decision on the latter, determine that the project has a regional impact that has not been taken into consideration in the plan and may require that the file be referred to the consideration of the Planning Board in plenum. Said requirement shall be made through a resolution in which the Board states the grounds for justifying its determination. Once the municipality has made a decision regarding any authorization or permit whose consideration has been transferred to the municipality, the Planning Board may appeal to the pertinent judicial or administrative forum to request any legal remedy needed to achieve faithful compliance with the provisions of this chapter.
The terms, procedures and conditions for the petitions of reconsideration, appeal or judicial review of the decisions of the municipality shall be:
(a) Those applicable to decisions of the Permit Management Office if the jurisdiction in question was transferred from said agency to the municipality.
(b) Those applicable to decisions of the Planning Board if the jurisdiction was transferred from said agency to the municipality.
The municipality shall not have the power to make any decision or take any action on cases whose evaluation power has remained with the public agencies even though the case has been filed with a municipality. Should the municipality make any decision or take any action in said cases, the Planning Board, through a well-founded resolution, may annul the aforesaid, in which case the municipality may appeal to the Court of First Instance to challenge the same having the burden to prove that the matter lies within its powers pursuant to the agreement and the law.
These actions within the legal framework of the applicable statute shall be carried out according to the provisions of §§ 2101 et seq. of Title 3, known as the “Uniform Administrative Procedures Act of the Commonwealth of Puerto Rico”.
History —Aug. 30, 1991, No. 81, § 13.016; Oct. 29, 1992, No. 84, § 74.