A Commission to Resolve Controversies over Payments and Debts between Government Agencies is hereby created, attached to the Department of Justice, which shall be composed of the following three (3) members: the Secretary of the Department of Justice, who shall preside, the Secretary of the Department of the Treasury and the Director of the Office of Management and Budget, or their designated representatives who shall have the capacity, knowledge and decisional power to effectively represent the executive officer they substitute. Those designated shall answer directly to the Head of the Agency, who, at the same time, shall be responsible for the determinations made by the Commission.
The members shall hold office for the term of their appointments. Two (2) members shall constitute quorum and the determinations shall be made by a majority. In case a controversy may arise to which one or more members are interested parties, these shall inhibit themselves from the deliberative process and the remaining members shall designate unanimously and with the consent of the Governor, a Special Substitute Commissioner who shall be a secretary of the constitutional cabinet, and they shall decide the case in controversy. In case the Secretary of Justice is the interested party and needs to inhibit him/herself, the chair of the Commission shall correspond to the Secretary of the Treasury.
For the purposes of §§ 1751 et seq. of this title, the term “government agencies” shall mean any department, board, body, court of examiners, commission, committee, independent office, divisions, administration, bureau, authority, official, officer, person, entity or any instrumentality of the Commonwealth of Puerto Rico or administrative body authorized by law to carry out regulatory or investigative functions or able to issue a decision or with the power to issue licenses, certificates, permits, concessions, accreditations, privileges, franchises and to accuse or adjudicate, except:
(1) The Senate and the House of Representatives of the Legislature.
(2) The Judicial Branch.
(3) The municipal governments or their entities or corporations.
(4) The public corporations.
History —June 3, 1980, No. 80, p. 226, § 1; Mar. 1, 2003, No. 25, § 1; Feb. 17, 2006, No. 61, § 1.