P.R. Laws tit. 3, § 9246

2019-02-20 00:00:00+00
§ 9246. Powers of the Board

(a) Hearings and sessions.— To comply with this chapter, the Board may hold hearings at any time or place, take testimony, and receive the evidence it deems appropriate. The Board may administer oaths or take statements of witnesses appearing before it.

(b) Request and receipt of information.— The Board shall be empowered to require, inspect, examine, and obtain a copy of any records, documents, information or data from any supervised entity and shall have access to any information, including systems, records, documents, information or data that the Board deems necessary to fulfill its responsibilities under this chapter, subject to any applicable constitutional or statutory right or privilege.

(c) Authority to issue summons.— The Board shall issue summons to require the attendance and testimony of witnesses, as well as the production of any evidence to gather information related to any matter under its jurisdiction. If any person refuses to obey any summons issued by the Board, the Board may apply to the Court of First Instance for an order to compel such person to appear before the Board to testify, produce evidence, or both, in relation to the issue under its consideration. Requests shall be notified in the same manner as they would be notified under the applicable rules of civil procedure.

The Board shall promulgate rules to protect the confidentiality of the information and documents it receives in accordance with the laws and case law in effect in the Commonwealth of Puerto Rico in matters related thereto. The act of furnishing information or documents as requested by the Board shall not be construed as a waiver to the right to file a confidentiality claim by any natural or juridical person with respect to the information or the document thus furnished.

(d) Authority to execute contracts.— The Executive Director may execute any contracts he/she deems appropriate on behalf of the Board, subject to the approval of the Board, to fulfill the responsibilities entrusted to the Board under this chapter. All members of the Board shall be notified of any contract executed by the Board.

(e) Penalties.— In addition to the penalties established in other laws, in the case of default or refusal to obey a valid order issued by the Board, any part of the Court of First Instance of Puerto Rico shall issue an order to the person who refused or failed to comply with an summons of the Board, compelling him/her to appear before the Board or to comply with such order. Said person shall be guilty of contempt if he/she fails to obey the court order.

History —Dec. 8, 2015, No. 208, § 206.