The Advocate is hereby empowered to adopt the bylaws of the Advocacy Office, as well as the regulations that shall govern the operations of the activities and services established in accordance with the provisions of this chapter. To receive information and data about the studies and general research relating to persons with disabilities conducted by the Advocacy Office, the aforementioned regulations shall provide all that is necessary to meet the following procedural requirements:
(a) The holding of public hearings; the advocate’s duty to hear testimonies or receive any other evidence for the Advocacy Office may be delegated to one or more officials or employees.
(b) Notices of public hearing shall be published at least ten (10) days in advance in at least two (2) newspapers of general circulation or regional newspapers circulating in the specific region or area comprised in the study or research. In addition, hearings may be notified through other medium of communication if it is deemed necessary and reasonable for a more efficient dissemination. Such notices shall include detailed descriptions of the purposes and the agenda of the hearings.
(c) All oral statements shall be heard in public sessions. However, if the Advocate believes that the evidence or testimony at a hearing may tend to defame, degrade or incriminate any person or violate such persons” privacy, to protect his/her identity, or if circumstances so warrant, the Advocate may make an exception and receive such testimony in private session.
(d) Every witness may, if he/she deems it convenient, be advised by legal counsel. Such witness shall also have the right to not be photographed without his/her consent, to be examined by his/her attorney within the rules of the hearing and their application by the Advocacy Office, submit brief written statements under oath to be included in the record of the hearing, and to request, in accordance with the rules to be established by the Advocacy Office and upon payment of the corresponding fees, a copy of the transcript of his/her oral testimony.
(e) If the Advocate determines that any evidence tends to defame, degrade, or incriminate any person, the Advocate will provide him/her the opportunity to appear in person or in writing.
(f) The Advocate shall determine all other rules of procedure for public hearings, including those relating to the admissibility of evidence and the exclusion of persons who violate the rules that govern hearings.
History —Sept. 24, 2015, No. 158, § 2.11.