P.R. Laws tit. 5, § 753

2019-02-20 00:00:00+00
§ 753. Penalties

Any person, partnership, association or corporation who shall:

(a) Without the permission of the Secretary or his authorized representatives withdraw, remove, introduce, drive, consign, transport, carry or send out of or into any quarantine zone, any livestock located in or outside of such quarantine zone.

(b) Counterfeit the painted mark or brand provided in § 747 of this title or the document provided in § 756 of this title.

(c) Interfere with, hinder, threaten, molest or impede the Secretary or his duly authorized representatives in the performance of the duties imposed on him by §§ 741—756 of this title.

(d) Attempt to do any act specified in this section, or assist, aid, abet, advise, encourage, counsel or incite any other person, partnership, association or corporation to do or to attempt to do any act specified in this section.

(e) Violate any provision of §§ 741—756 of this title or the regulations promulgated pursuant hereto, shall be guilty of a misdemeanor and, upon conviction therefor, shall be fined not less than one hundred dollars ($100) nor more than five hundred dollars ($500), or imprisoned for a term of not less than ten (10) days nor more than thirty (30) days for the first violation, and for each subsequent violation shall be punished by a fine of not less than two hundred dollars ($200) nor more than five hundred dollars ($500), or imprisonment for a term of not less than thirty (30) days nor more than three (3) months, or both penalties at the discretion of the court.

The Department and the Court of First Instance shall have concurrent jurisdiction in these cases. The Secretary or his authorized representatives shall have discretion in the selection of the forum which shall have jurisdiction in the matter. The selection of the forum shall bar resorting to another in the matter, but not if new violations of the provisions of §§ 741—756 of this title arise.

After due administrative hearing, where the person involved is given the opportunity to be heard, the Secretary is empowered to impose administrative fines up to the amount of two hundred and fifty dollars ($250) for the first violation, and up to one thousand dollars ($1,000) for any subsequent violation, when it is found that the provisions of §§ 741—756 of this title or the regulations promulgated by virtue hereof have not been complied with.

The Secretary shall issue a report that shall include issues of law and findings of fact. Any party affected by the Secretary’s order shall have the right to petition for review before the Court of First Instance within a term of thirty (30) days after receiving notice of the Secretary’s decision. The review before the Court of First Instance shall not have the effect of suspending the effect of the order.

History —May 15, 1936, No. 106, p. 542, § 13; June 9, 1981, No. 10, p. 91; May 6, 1988, No. 24, p. 96, § 13.