P.R. Laws tit. 23, § 9012b

2019-02-20 00:00:00+00
§ 9012b. Executive Director—Authorities, duties, and functions

The general authorities, duties, and functions of the Executive Director shall be the following:

(a) To discharge the functions, duties, and responsibilities imposed under this chapter or any other law, insofar as these are not incompatible with the provisions of this chapter.

(b) To sue and assume the legal representation of the Management Office when the said Office is sued.

(c) To adopt an official seal of the Management Office, of which judicial notice shall be taken, to authenticate all documents which such Office is required to issue under this chapter.

(d) To act as the administrator of the Management Office, establish its internal organization, appoint assistant officials, and plan, direct, and supervise the operations of the said Office so as to ascertain compliance with the purposes of this chapter. In compliance with the provisions of § 9013 of this title, he/she shall issue administrative orders so as to discharge this or any other authority conferred under this chapter or the regulations adopted thereunder.

(e) To give notice on final determinations, permits, and communications required from the Adjudicatory Board under this chapter. Furthermore, he/she shall sign, issue, and give notice on the adjudication of final determinations and discretionary permits allowed under this chapter, or any other communication required thereunder.

(f) To appoint officials and employees for the Management Office, who shall have the technical capability and the experience required to achieve the purposes of this chapter, as well as to appoint staff as necessary in order for Managers to be able to discharge their functions pursuant to subsection (e) of § 9013b of this title. The Management Office shall be an Individual Administrator and its personnel shall be governed by the provisions of §§ 1461 et seq. of Title 3, known as the “Public Service Human Resources Administration Act of the Commonwealth of Puerto Rico”.

(g) To establish the entire organizational structure, as provided in this chapter, as necessary for the proper operation of the Management Office, including sharing administrative components or resources with the Planning Board whenever practicable, and adopt and keep the Building Codes to be used within the jurisdiction of the Government of Puerto Rico.

(h) To hire the services of professional and technical staff and provide them with such powers and duties as necessary to meet the purposes of this chapter and to pay them such compensation as corresponds for their services.

(i) To fix and authorize the payment of per diems and expense reimbursements to his/her officials, employees and agents as appropriated financial resources allow.

(j) To adopt a job classification and compensation plan.

(k) To solicit other government agencies for staff that can be transferred to work for the Management Office.

(l) By agreement, he/she may use, without it being construed as a limitation, any resources available within other public agencies and instrumentalities, such as the use of information, offices, accounting, finances, human resources, legal affairs, staff, equipment, material, and other assistance.

(m) To procure services, through contracts, from professional, technical or highly specialized staff or other as necessary for the Management Office to comply with the provisions of this chapter.

(n) To represent the Management Office in functions and activities as required.

(o) To acquire, lease, sell or otherwise dispose of property as necessary to fulfill the purposes of this chapter, in compliance with any applicable laws or regulations.

(p) To execute contracts and any other instruments as necessary to discharge the authorities conferred under this chapter.

(q) To enter into agreements or arrangements as necessary and convenient to achieve the objectives of the Management Office with federal government, State government, and municipal government entities, as well as with other departments, agencies, and instrumentalities of the Government of Puerto Rico and with private institutions.

(r) To accept and receive any donations or funds on account of appropriations, advances or any other kind of assistance or benefit when these are provided by government entities or nonprofit institutions, subject to the provisions of §§ 1801 et seq. of Title 3, known as the “Ethics in Government Act of the Commonwealth of Puerto Rico”, any regulations thereunder, and other applicable laws, as the specific circumstances dictate.

(s) To require, accept or turn down gifts, donations or monetary or other contributions to procure facilities or other works for the development and most appropriate land use, and authorize the transfer of such facilities or works to the Puerto Rico Government entity concerned regarding such facilities or works, subject to the provisions of §§ 1801 et seq. of Title 3, known as the “Ethics in Government Act of the Commonwealth of Puerto Rico”, any regulations thereunder, and other applicable laws, as the specific circumstances dictate.

(t) To correct, motu proprio or by request of an interested party, such typographical or grammatical errors or other inadvertent and rectifiable errors or omissions contained in final determinations and permits issued, pursuant to such requirements as may be established by regulation.

(u) To discharge such functions, duties, and responsibilities as the Planning Board may delegate, pursuant to the authorization and conditions consigned by resolution to that effect, in compliance with its Organic Act.

(v) To prepare and keep digitized administrative records on matters before the consideration of the Management Office and authorized professionals, which records shall be available for public inspection, be it at the Management Office or at its regional offices, during regular business hours, and such records shall also be available on the Internet for the public to be able access any such information and data.

(w) To provide the Planning Board with any such information as the Board may require.

(x) To appear as an indispensable party to recourses instituted to contest his/her final determinations.

(y) To assign any support staff as necessary to the Adjudicatory Board.

(z) To act, by means of the pertinent designation by the Governor, as the Commonwealth official who shall be in charge of administering any federal program, pursuant to the provisions of this chapter.

The Executive Director may delegate any function or authority conferred onto him/her under this chapter, except for authorities conferred under this section and §§ 9012e, 9012h, 9012n and 9012q of this title, onto the regional offices or any other officials under his/her authority, pursuant to the provisions set forth in applicable laws and regulations.

History —Dec. 1, 2009, No. 161, § 2.3.