P.R. Laws tit. 23, § 2407

2019-02-20 00:00:00+00
§ 2407. Suspension, revocation and unrenewable licenses

The Director may, through just cause, suspend for a determined term or permanently revoke any license before its expiration. Not only in cases of suspension and revocation but as well as in cases where the renewal of a license is denied, the Director shall notify his decision in writing to the interested person specifying the cause or causes of the decision taken. The affected person may, within the unextendible term of twenty (20) days from and after the date in which he has been notified of the decision of the Director, request its reconsideration. Within the twenty (20) days following the date in which he receives the reconsideration motion of the affected person, the Director shall accept it or appoint the case to be heard in a public hearing before the person designated by him for such purpose. Adequate written notification shall be given by the Director to the affected person of such appointed day with at least ten (10) days in advance of the date thereof. A complete record shall be made of all incidents and of the proof received in the hearing. On its conclusion, the person presiding same shall certify the transcription of the record and shall submit same together with his findings of fact and issues of law and his recommendations to the Director, notifying the affected person with a copy of the conclusions and recommendations. Within the ten (10) days following the date in which this notification is made, or within the extension granted by the Director for such purpose, the affected person may submit to the latter written objections to said conclusions and recommendations. The Director shall finally resolve the case making his own findings of fact and issues of law, for which he may adopt or modify those formulated by the person who presided the hearing. If the final decision of the Director should be adverse, the affected person may, within the unextendible term of twenty (20) days from and after the date in which he was notified in writing of such resolution, appeal, presenting a petition to such effect before the Part of the Court of First Instance in which is located any of the harbors for which the license was issued and notifying the Director with a copy of the petition. The Director shall briefly remit to the Secretary’s Office of the court the original or certified copy of the record of the case from and after its original decision. The subsequent proceedings before the Court of First Instance shall be governed, in everything herein applicable, by Rules 7 through 9 of the Rules for Appeals from the District Court to the Court of First Instance, App. III-A of Title 4. Neither the petition for reconsideration from the decision of the Director nor the petition for appeal before the Court of First Instance shall have the effect of suspending the decision of the Director. The Court of First Instance shall revise the decision of the Director on the basis of the record of the administrative hearing and may only revoke the decision of the Director if the proof arising from the record establishes that he acted arbitrarily. The Director shall not delegate the powers and functions herein conferred, except as herein provided.

History —June 28, 1968, No. 151, p. 459, § 4, art. 4.07, eff. 90 days after June 28, 1968.