P.R. Laws tit. 23, § 1009

2019-02-20 00:00:00+00
§ 1009. Petition for reconsideration; appeal for review; certiorari

(a) Any person directly or adversely affected by acts, orders or resolutions issued by the Director in accordance with the powers granted by this chapter may, within the ten (10) days following his notification, file a written petition for reconsideration, specifying his objections.

(b) Any person aggrieved by the decision of the Director to a request for reconsideration may, within the ten (10) days following the date of the notice of such decision, file an appeal for review to the Court of First Instance, San Juan Part.

(c) The appeal for review shall be executed by presenting a petition in the office of the Secretary of the court in which there shall be stated the fundamentals on which the petition for review is based. On the filing of the petition, the petitioner shall notify same to the Director within a term of five (5) days from and after its filing.

When the appeal for review has been established, it shall be the duty of the Director to take to the court a certified copy of the documents appearing in the record, within a term of ten (10) days from and after the date in which he was notified of the filing of the appeal for review. When the documents have been received, the court shall indicate the hearing of the appeal to take place within a term of not more than one hundred and twenty (120) days reckoning from the date said documents were received. The court shall revise on their merits the issue of fact and questions of law which caused the review of the decision of the Director.

The court shall issue its decision of the case within a term of five (5) days reckoning from the date of the holding of the hearing. The court shall notify its decision to the Director within the term of ten (10) days following the decision thereof.

(d) The Supreme Court of Puerto Rico, in the exercise of its discretion, may review through certiorari the decisions or judgments issued by the Court of First Instance in the appeals for review to which this section refers.

(e) The petition for reconsideration or the filing for the petition of review to which this section refers shall not stay the effects of the regulation, order or resolution of the Director.

History —June 27, 1968, No. 148, p. 438, § 9; June 23, 1971, No. 80, p. 236.