P.R. Laws tit. 21, § 4659

2019-02-20 00:00:00+00
§ 4659. Delegation of legal authority—Prohibition of discrimination

Neither the Governor nor any agency may refuse to consider and evaluate a petition for delegation of legal authority that is properly presented and documented in accordance with this chapter, and the petitions of all municipalities shall receive equal treatment. No standards, criteria or conditions that are arbitrary or unreasonable may be imposed on any municipality nor may the Governor or any agency refuse to consider a petition for delegation of legal authority for political reasons.

Any municipality that feels that arbitrary standards, criteria or conditions are being required for a delegation of legal authority, or that its petition has been subject to discrimination, may resort to the Court of First Instance, San Juan Part, with an extraordinary remedy of injunction. The municipality that promotes said remedy must allege and prove that other municipalities with similar fiscal, administrative, population and social conditions and with similar systems, procedures and infrastructure have not had the allegedly arbitrary, unreasonable or political conditions imposed on them. The court’s intervention shall be limited to the allegation of discrimination and it shall not enter into consideration of the need, convenience or justification of the delegation of legal authority sought by the petitioning municipality.

History —Aug. 30, 1991, No. 81, § 14.009.