P.R. Laws tit. 5, § 1005b

2019-02-20 00:00:00+00
§ 1005b. Administrative hearings; review of decisions

It shall be the duty of the Secretary to hear at an administrative hearing any party aggrieved by a refusal to have a license, certification or registration issued under this chapter, provided said party so requests within the thirty (30) days following the date on which the notice of such determination is mailed.

It shall also be the duty of the Secretary to hold administrative hearings to give the aggrieved party the opportunity of being heard before suspending or canceling any license, certification or registration.

The validity of any determination of the Secretary may be challenged by any aggrieved party after said administrative hearings have been held. The challenge may be made through a petition for review before the Court of First Instance within the fifteen (15) days following the official notice thereof, said date being understood to be the date the notice was remitted by certified mail to the aggrieved party or his/her attorney. Said review shall be limited to questions of law, and the findings of fact of the Secretary, supported by substantial evidence in the record, shall be conclusive. The party aggrieved by the decision of the Court of First Instance may file a petition for review thereof through a writ of certiorari issued by the Supreme Court of Puerto Rico within twenty (20) days after the decision was notified. The Supreme Court may issue the writ if it deems the petition meritorious, but in no case shall it suspend the effects of the decision of the Court of First Instance until the review is resolved.

History —June 10, 1953, No. 49, p. 120, added as § 5-A [second] on June 26, 1965, No. 100, p. 246, § 4; renumbered as § 5-B and amended on Oct. 30, 1975, No. 16, p. 804, § 5; Aug. 21, 1999, No. 278, § 6.