P.R. Laws tit. 21, § 4909

2019-02-20 00:00:00+00
§ 4909. Investigative powers

In the exercise of the powers of the Office as an advisory entity for the municipalities, the Commissioner shall be authorized to:

(a) Indicate and report to the Secretary of Justice and the controller of Puerto Rico, any irregularity discovered, pursuant to the provisions of § 82a of Title 3.

(b) Notify the mayor of any municipal official or employee who incurs violations of any law that applies to the municipalities or any regulation adopted by virtue thereof, or when he has ground to believe that said official or employees has engaged in improper practices in the handling of the municipal affairs entrusted to him, or has induced or aided another to incur such practices.

(c) In the performance of his/her functions the Commissioner shall have the power to summon witnesses or request documents under penalty of contempt.

When a municipal official or employee duly summoned by the Commissioner does not appear to testify, or does not produce the evidence requested, or when he/she refuses to answer any question, produce evidence or appear to testify with regard to an investigation and/or preauditing made by the Commissioner under the provisions of this chapter, he/she may request the assistance of any part of the Court of First Instance to require the appearance and the statement or reproduction of the requested evidence, as the case may be. The Secretary of Justice shall provide the legal assistance needed for such ends to the Commissioner. When deemed necessary, and the fiscal resources permit it, the Commissioner may request a dispensation from the Secretary of Justice to assume his/her own legal representation, or contract lawyers from private practice to file an appeal or request assistance before the Court of First Instance.

History —Aug. 30, 1991, No. 81, § 19.009; July 24, 1998, No. 169, § 10; renumbered as § 19.010 on Apr. 11, 2001, No. 18, § 2; Sept. 7, 2004, No. 258, § 43.