P.R. Laws tit. 27, § 267h

2019-02-20 00:00:00+00
§ 267h. Delegation of powers

(a) On one or more members.— With the exception of the power to adopt regulations, the Board may, through an order, assign, refer or delegate any adjudicative or non-adjudicative matter for its resolution on one or more members who shall be appointed in said order and who shall have the powers of the Board that it expressly delegates in said order. The members shall have the power to:

(1) Take oaths and depositions.

(2) Issue summons.

(3) Receive and evaluate evidence.

(4) Preside over hearings.

(5) Hold conferences to simplify procedures.

Any order issued by one or more members pursuant to this section shall become a final order of the Board in full, unless the Board renders ineffective, alters or amends the order within thirty (30) days after it has been notified. The decisions of the Board shall be subject to review by the Circuit Court of Appeals of Puerto Rico, except in those situations in which the Federal Communications Act confers jurisdiction on the Federal Communications Commission or the Federal District Court for the District of Puerto Rico.

(b) Examining officials and administrative judges.— The Board shall have the authority to assign, refer or delegate any matter to examining officials who shall have the authority to recommend decisions which shall take effect once they have been approved by the Board in full. Any examiner appointed to preside over a hearing or investigation shall have the powers expressly delegated on him/her by the Board and the designation order. The Board shall also designate administrative judges with full [decision-making] powers. The said examining officials and administrative judges shall be [appointed] and shall carry out their duties as provided by §§ 2101 et seq. of Title 3, known as the “Uniform Administrative Procedures Act of Puerto Rico”. The decisions of the Board shall be subject to review by the Circuit Court of Appeals of Puerto Rico, except in those situations in which the Federal Communications Act confers jurisdiction on the Federal Communications Commission or the Federal District Court for the District of Puerto Rico.

History —Sept. 12, 1996, No. 213, § II-9.