P.R. Laws tit. 23, § 9019i
The accuracy and legality of the final determinations and permits issued by the Permit Management Office, the autonomous municipalities with I to V granted hierarchy and the authorized professionals shall be presumed. However, if there is fraud, deceit, deception, extortion, bribery or the commission of any crime in granting or denying a final determination or permit, or in such cases in which the structure poses a risk to the health or safety or to environmental and/or archeological conditions, the final determination so issued and the permit granted by the Permit Management Office, the autonomous municipality with I to V granted hierarchy or the authorized professional may only be revoked by the court. The structure may be modified, kept, or demolished only after a competent court so determines by following the judicial procedure established in Subchapter XIV of this chapter, while complying with the due process of law.
Furthermore, it is hereby provided that under no circumstances shall a final determination be suspended, without a judicial authorization or mandate issued by a competent court or the corresponding forum, in strict compliance with the due process of law. The provisions of this section shall not set a precedent to be claimed by third parties that have no rights over the property for which the permit is issued. Being it understood that, subject to the provisions of this chapter, a final determination shall be deemed to be a final and binding permit and may not be challenged once the applicant has met all the requirements established in the final determination notice and the twenty (20)-day term for a party adversely affected by such notice to file a recourse for review or administrative review procedure and the thirty (30)-day term to request judicial review have elapsed. In the particular case of site consultation, a final determination shall not be deemed to be a permit. However, any party adversely affected by a final determination, including site consultation, may request review under the provisions of Subchapter XII of this chapter.
Likewise, the accuracy and legality of such permits shall be defended by the government agencies concerned against attacks from third parties. If there is fraud, deceit, deception, extortion, bribery or the commission of any crime in granting a permit, or in such cases in which the structure poses a risk to health or safety, environmental and/or archeological conditions, and subject to the provisions of this chapter, the permit granted by the Permit Management Office, the autonomous municipality with I to V granted hierarchy or an authorized professional may be revoked by judicial means and the work may be modified, preserved or demolished according to the ruling of the judge.
History —Dec. 1, 2009, No. 161, § 9.10.