P.R. Laws tit. 23, § 9020b
The general authorities, duties, and functions of the Chief Permit Inspector and the Office of the Chief Permit Inspector shall be the following, in addition to any other vested upon them by this chapter and any other law:
(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 Office of the Chief Permit Inspector when the said Office is sued.
(c) To adopt an official seal of the Office of the Chief Permit Inspector, 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 Office of the Chief Permit Inspector, 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, and in compliance with the provisions of § 9020c of this title.
(e) To appoint officials and employees for the Office of the Chief Permit Inspector, who shall have the technical capability and the experience required to achieve the purposes of this chapter. The Office of the Chief Permit Inspector 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”.
(f) To establish the entire organizational structure as necessary for the proper operation of the Office of the Chief Permit Inspector.
(g) To appoint and hire the services of officials, agents, employees, and professional and technical staff and provide them with such powers and duties and to pay them such compensation as corresponds for their services.
(h) To fix and authorize the payment of per diems and expense reimbursements to his/her officials, employees, and agents.
(i) To adopt a job classification and compensation plan.
(j) To solicit other government agencies for staff that can be transferred to work for the Office of the Chief Permit Inspector.
(k) By agreement, he/she may use 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.
(l) To procure services, through contracts, from professional, technical or highly specialized staff or other as necessary for the Office of the Chief Permit Inspector to comply with the provisions of this chapter.
(m) To represent the Office of the Chief Permit Inspector in functions and activities as required.
(n) 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.
(o) To execute contracts and any other instruments as necessary to discharge the authorities conferred under this chapter.
(p) 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 bodies 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.
(q) To require and accept 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 drafted by the Management Office.
(r) To prepare and keep digitized administrative records, on matters before the consideration of the Office of the Chief Permit Inspector, which records shall be available for public inspection at the Office of the Chief Permit Inspector, during regular business hours.
(s) To investigate and process, if deemed advisable, any referrals from concerned government entities regarding any allegedly breaches in compliance with the legal provisions of the Management Office or authorized professionals when granting permits, found during permit compliance oversight procedures under the jurisdiction of the concerned government entities.
(t) To appear as an indispensable party in any cases before the corresponding forum.
(u) To appear as an indispensable party, as public interest representative, in any proceeding in which a final determination of the Management Office or an authorized professional is challenged before the corresponding forum; or in such appearance, the Chief Permit Inspector shall present of all causes for action or shall be otherwise deemed waived.
(v) To request the revocation of a final determination or stay of a construction work or use to the Court of First Instance, whenever after the corresponding administrative investigation, it is found that said final determination was obtained in violation of the applicable laws or regulations or whenever a final determination is lawfully obtained, but there is evidence of noncompliance with the laws and regulation during their execution or operation; provided, that the Chief Permit Inspector follows the procedures set forth in Subchapter XIV of this chapter.
(w) To direct the correction of rectifiable errors, as these may be defined by regulations, contained in final determinations and permits issued by the Management Office or an authorized professional.
(x) To furnish any information required by the Planning Board and assist such entity in the oversight of final determinations, recommendations, and any other matters inherent thereto, by virtue of the provisions of this chapter and any other applicable laws and regulations, including the administration of land ordination powers of the municipalities.
(y) To oversee compliance by permit managers and service representatives with the terms established by this chapter and the applicable regulations in the evaluation, approval or denial of a final determination.
(z) To stay a work or use permit: to request the Court of First Instance to stay a construction work when, after the corresponding administrative investigation, the Chief Permit Inspector finds that such final and binding determination or permit was obtained in violation of the applicable laws or regulations or when a final and binding determination or permit was lawfully obtained, but there is evidence of noncompliance with the laws and regulations during execution or operation; provided, that the Chief Permit Inspector follows the procedures set forth in Subchapter XIV of this chapter. In the event that there is a serious, imminent and immediate risk of harm to the health or safety of persons or the environment, that could not be otherwise prevented but by taking immediate action, the concerned government entities or the Office of the Chief Permit Inspector, as applicable, may employ the mechanism to request a provisional stay order as established in § 9024b of this title
(aa) To cease and desist absent a building or use permit: when, after the corresponding administrative investigation, the Chief Permit Inspector finds that the owner of a construction work has failed to obtain a building permit before commencing the construction work, has failed to obtain a use permit before commencing to use the work, the Chief Permit Inspector shall be empowered to issue an automatic cease and desist order to stay the construction work.
(bb) To issue orders to show cause, to do or to forbear.
(cc) To enter into agreements with the concerned government entities to provide training and skill-building to authorized professionals and authorized inspectors.
(dd) To draft skill-building guidelines for authorized professionals and authorized inspectors, which shall include green-design guidelines and PyMES permits. These guidelines shall be adopted under the Joint Regulation.
(ee) To file complaints motu proprio when its audits reveal violations of the provisions of this chapter or the regulations adopted thereunder.
(ff) To investigate and process any complaints in connection with compliance oversight referred by the concerned government entities or the autonomous municipalities with I to V granted hierarchy.
The Chief Permit Inspector may delegate [to] the officials under his/her charge, pursuant to the provisions of the applicable laws and regulations, any function or authority vested upon him/her by this chapter, except the authorities conferred under subsections (e), (g), (k), (j), (l), (n), (o), (p), (q), (v), and (x) of this section and §§ 9020h and 9020m of this title.
History —Dec. 1, 2009, No. 161, § 10.3.