P.R. Laws tit. 5, § 3007

2019-02-20 00:00:00+00
§ 3007. Investigative powers of the Administrator

(a) In the performance of the duties imposed by §§ 3001—3012 of this title and in the exercise of the powers by it conferred, the Administrator may issue summons commanding the presence of witnesses and the presentation of financial data or information he/she may deem necessary for the administration of §§ 3001—3012 of this title. The information thus obtained shall be confidential in nature and shall be kept confidential by all officials and employees of the Department of Agriculture. Provided, That all the information thus obtained may be divulged solely by the Secretary of Agriculture through a prior order of the Court of First Instance of Puerto Rico to such effect.

The above provisions shall not be construed as limiting the power of the Administrator to issue general information based upon the reports about the number of persons subject to Office regulations, and the statistical data compiled, which reports shall not identify the source of information supplied by any person whatsoever.

Witnesses summoned by the Administrator in the interest of the Office shall receive per diems at the rate stipulated for witnesses summoned by the Court of First Instance of Puerto Rico.

(b) The Administrator or his/her duly-authorized agent may take oaths, hear testimony, and receive data and information.

(c) Should a summons issued by the Administrator were not duly complied with, said official may appear before the Court of First Instance of Puerto Rico and request the court to order that the summons be complied with. The Court of First Instance shall give preference to the course and dispatch of said petition and shall have the authority to dictate orders to compel the appearance of witnesses or the presentation of any data or information previously requested by the Administrator.

The Court of First Instance shall have the power to punish disobedience of said orders or contempt.

(d) No natural or juridical person may refuse to comply with a summons from the Administrator or with a judicial order so issued, claiming that the testimony, data or information thus required could incriminate him/her, or lead to the imposition of a penalty, although said person may not be criminally prosecuted regarding any transaction, matter or thing with relation to which said person has given testimony or provided data or information.

History —Nov. 29, 1992, No. 95, § 8, eff. 60 days after Nov. 29, 1992.