P.R. Laws tit. 23, § 63d

2019-02-20 00:00:00+00
§ 63d. Review

(a) Any party aggrieved by an action, decision or resolution of the Puerto Rico Planning Board in its adjudicatory function in connection with which a petition for reconsideration has been filed with the Planning Board within the first thirty (30) days of mailing of the notice of such action or decision has been denied by the latter, may file a petition for review before the Court of First Instance of Puerto Rico, San Juan Part, or the Part whose jurisdiction comprises the place where the project is located, within the term of thirty (30) calendar days reckoning from the mailing date of the notice of denial of the petition for reconsideration.

The petition for review having been filed, if the writ is granted, it shall be the duty of the Puerto Rico Planning Board to remand the record of the case to the court within the fifteen (15) days following the issuance of the writ.

Review by the Court of First Instance shall be limited exclusively to issues of law.

(b) The actions, decisions or resolutions of the Planning Board in the exercise of its quasi-legislative functions, such as adoption and promulgation of regulations and zoning maps, or amendments thereto, shall be final; Provided, That in the cases in which the Board does not comply with the statutory requirements for the adoption and promulgation of or amendments to said regulations and maps, resort may be had to the Court of First Instance, San Juan Part, to challenge the proceedings had, within a term of thirty (30) calendar days reckoning from the publication of the same.

(c) Any party adversely affected by the actions, decisions or resolutions of the Administrator on consultations of location delegated to him by the Board under subsection (19)(b) of § 62j of this title, shall file with him a petition for reconsideration to present new evidence and/or show that the actions or resolutions of the Administrator do not conform to the legal and regulatory provisions in force, within the first thirty (30) days after the mailing of notice of said action, decision or resolution, and if denied by the latter, said party may file a petition for review in the Court of First Instance, San Juan Part, or in any Part whose jurisdiction comprises the place where the project is located, in the discretion of the petitioner, by following the same procedure established in subsection (a) of this section for the review of actions, decisions and resolutions of the Planning Board in its adjudicatory function. The review before the Court of First Instance shall be limited exclusively to issues of law.

History —June 24, 1975, No. 75, p. 183, § 32, eff. July 1, 1975.