P.R. Laws tit. 3, § 292e

2019-02-20 00:00:00+00
§ 292e. Matters of public policy

The Secretary is hereby empowered to establish through regulations the necessary guidelines to determine the matters that shall constitute public policy issues from the legal standpoint. Matters shall be considered, without it being construed as a limitation, to be public policy issues when:

(a) A controversy in the interpretation of a law or the Constitution of the Commonwealth which affects the operation, development or stability of a government program or project is brought;

(b) a conflict in the interpretation of a law approved by the Legislature of Puerto Rico and a law approved by the Congress of the United States of America related with the operation, development or stability of a government program or project is brought;

(c) questions emerge as to the interpretation of norms or the action taken by an agency in relation to federal law or the Constitution of the United States of America and a law approved by the Legislature and the Constitution of the Commonwealth;

(d) there is an allegation of a violation of constitutional rights by any action of a government agency, official or employee;

(e) a controversy of a judicial nature between public corporations and agencies;

(f) a request is made for the interpretation of the law or the jurisprudence in a manner such that it alters or modifies a juridical norm, the result of which may affect in a foreseeable manner the interests of a government program or project;

(g) a judicial or administrative action has been brought against an agency or an official outside the jurisdiction of the Commonwealth, or

(h) those other matters as determined by the Secretary and previously approved by the Governor.

In those cases or situations that constitute public policy issues, the heads of agencies, public corporations and government instrumentalities shall coordinate with the Secretary the legal strategy to be followed in order to prevent or minimize any adverse legal effects to the public interest.

History —Aug. 9, 2004, No. 205, § 8.