P.R. Laws tit. 3, § 341e-2
It is hereby prohibited for any agency, department, bureau, office, dependency, instrumentality, public corporation or subsidiary of any of these, municipalities, or political subdivisions of the Government of Puerto Rico to sponsor or place announcements in segments in which a television program that is not classified, that is recommended for adults only or that contains material of a sexual content, with strong language and intense violence, or that covers topics for adults, includes profane language, graphic violence and explicit sexual content according to the system of classification adopted voluntarily by television stations. Moreover, they may not sponsor or place announcements during radio programs containing indecent material, as defined and regulated by the Federal Communications Commission. The foregoing prohibitions extend to any promotional or public service agreement. The Secretary is hereby authorized to adopt the necessary regulations to comply with the provisions of this section. The Secretary is hereby empowered to impose an administrative fine which shall not be less than five hundred dollars ($500), nor more than one thousand dollars ($1,000) for each violation of the provisions of this section. One fourth of the fine imposed shall be paid at the expense of the Secretary, Executive, or Head Director of the public agency that incurred the violation. The funds generated by these fines shall be covered into a special account to defray the operational costs of the Advisory Board.
The administrative fine shall be canceled when one of the following circumstances occurs:
(1) The Secretary, Executive Director, Head of the agency or government instrumentality or the mayor can show that the violation incurred was not due to his/her negligence or fault or to the negligence or fault of an employee of his/her agency, instrumentality or municipality.
(2) Presents a copy of the contract to schedule government advertisements which includes the clause with the prohibition provided in this section, and the penal clause, and
(3) presents evidence of the efforts made by said official to compel compliance with the penal clause provided in § 341e-1 nt of this title.
(4) Evidence is submitted as to the fact that the Secretary expressly granted a dispensation from compliance with this section for any of the exception provided in clauses (1)—(3) of subsection (a) of § 341e-3 of this title.
Any person who is not in agreement with the fine imposed by the Secretary may request a review of said decision from the Circuit Court of Appeals.
All that is here provided is expressly excluded from the provisions set forth in §§ 2101 et seq. of this title, known as the “Uniform Administrative Procedures Act”.
History —Apr. 23, 1973, No. 5, p. 15, added as § 6-B on Act Aug. 9, 1995, No. 128, § 1; Aug. 8, 1997, No. 60, § 2; Jan. 10, 1998, No. 27, § 2; Aug. 9, 2002, No. 146, § 2; Sept. 16, 2004, No. 336, § 2.