P.R. Laws tit. 23, § 9022c

2019-02-20 00:00:00+00
§ 9022c. Procedure; hearing

When reviewing the actions, final determinations and resolutions of the Permit Management Office, the Adjudicatory Board, the authorized professional or the autonomous municipality with I to V granted hierarchy, the Reviewing Board shall issue its decision with respect to the recourse within a term of one hundred and twenty (120) calendar days. Said term may be extended for an additional term of thirty (30) days as of the filing of the recourse, in special cases, as provided in the bylaws. The Reviewing Board shall issue its decision, after which any interested party may resort to the Supreme Court by means of a writ of certiorari, pursuant to the provisions of Subchapter XIII of this chapter.

If the Reviewing Board fails to resolve the administrative review within the term provided herein, the request for review shall be deemed to be denied outright. The Reviewing Board shall lose jurisdiction over the request for review and the reviewed determination shall be deemed to be confirmed. Once such term elapses, the term of thirty (30) days to resort to the Supreme Court shall begin to count, pursuant to the provisions of Subchapter XIII of this chapter.

When reviewing the actions, final determinations or resolutions of the Permit Management Office, the Adjudicatory Board or the autonomous municipalities with I to V granted hierarchy regarding matters that are discretionary in nature, the Reviewing Board shall hold a hearing on its own initiative or by petition of any party, in which the Board may receive additional proof that could lead it to adjudicate the case. In cases that are ministerial in nature, the Reviewing Board may hold a hearing.

If the hearing is thus held, the parties shall be previously notified, as they appear in the case file, as established in the bylaws.

History —Dec. 1, 2009, No. 161, § 12.4.