P.R. Laws tit. 23, § 906

2019-02-20 00:00:00+00
§ 906. Powers and duties of the Administrator

(a) The Administrator of the Economic Stabilization Administration of the Commonwealth of Puerto Rico, who hereinafter shall be known as the Administrator, shall enforce this chapter and shall prescribe the rules and regulations for its execution and compliance. Said rules and regulations shall have force of law immediately after having complied with the provisions of §§ 2101 et seq. of Title 3. For which purposes there shall previously be filed at the office of the Secretary of State an original and two copies of its Spanish and English versions.

(b) The Administrator shall have the custody of the standards of weights and measures of the Commonwealth of Puerto Rico as stipulated in this chapter and shall keep accurate records of same. He shall establish, by regulations, the specifications, tolerances or permissible variations for the weighing and measuring devices.

(c) The Administrator is hereby empowered to issue licenses of “Authorized Public Weigher”. The Administrator is hereby authorized and empowered to regulate the functions and duties of the said Authorized Public Weigher, as well as the fees for services to be charged by him, through orders and regulations promulgated to that effect; so as to establish the necessary requirements for the issuance of licenses and collection of fees for said licenses. The license of the Authorized Public Weigher may be revoked or suspended, when it is proved in a public hearing held to such effect and after having summoned him at least ten (10) days in advance, that he has violated a provision of this chapter or any order or regulation issued by the Administrator related to Authorized Public Weighers. The funds obtained from the collection of fees for the issuance of licenses to Authorized Public Weighers shall be covered into the General Fund of the Commonwealth of Puerto Rico.

(d) The Administrator shall have and maintain the general supervision of units of weights and measures offered for sale, sold, exhibited for sale or in use in the Commonwealth of Puerto Rico and shall inspect and test the said weighing and measuring devices to ascertain whether they are correct. He shall weigh, measure and inspect packages or quantities of commodities kept, offered, displayed, or exhibited for sale, sold or in the process of delivery, to determine whether the same contain the legal weight or measure. If found with an insufficient weight or measure, he may seize the commodities to use them as evidence in any judicial action.

(e) The Administrator shall approve, seal or mark with appropriate devices such weights and measures determined as correct through inspection and testing of same. The weights and measures shall be considered correct when they conform to the requirements established by this chapter or by regulations promulgated by the Administrator. The Administrator shall reject for correction all incorrect weights or measures, if in his judgment they are susceptible of satisfactory repairs. The owners or users of weights and/or measures which have been condemned for repair shall correct same within the reasonable length of time specified by the Administrator. Such weight or measure, if not susceptible for repair, shall be seized by the Administrator. In cases of new devices, reshipment or return to the supplier may be ordered.

(f) The Administrator shall have the power to administer sworn declarations on any matter or procedure related with this chapter. The powers and duties granted and vested in the Administrator under this chapter in subsections (d), (e) and (f) of this section are also granted and vested in the Chief of the Weights and Measures Division and in the supervisors, technicians and officials of the Division of Weights and Measures.

History —June 27, 1968, No. 145, p. 420, § 6, eff. 90 days after June 27, 1968.