P.R. Laws tit. 3, § 1753a

2019-02-20 00:00:00+00
§ 1753a. Final orders or resolutions; reconsideration

(1) When the procedure takes place between government agencies. — The party adversely affected by a resolution or order may, within the term of twenty (20) days from the date the notice of the resolution or order was filed in the records of the case, file a motion for the reconsideration of the resolution or order with the Commission. The Commission must consider said motion within fifteen (15) days of being presented. Said resolution shall be issued and filed in the records of the case within ninety (90) days after the motion for reconsideration has been filed. If the Commission accepts the motion for reconsideration and issues a resolution in reconsideration thereof, it shall be final and firm and unappealable before any judicial or quasi-judicial body. If the Commission accepts the motion for reconsideration but takes no action in relation to the motion within ninety (90) days after the same was filed, the initial resolution shall be final and firm and unappealable before any judicial or quasi-judicial body, except if the Commission, for just cause and within said ninety (90) days, extends the term for solving the matter for a period not to exceed thirty (30) additional days.

(2) When a public corporation of those not excluded or a municipal government or their entities or corporations, are a party to the procedure before the Commission. — The party adversely affected by a final resolution or order may, within the term of twenty (20) days from the date the notice of the resolution or order was filed in the records of the case, file a motion for the reconsideration of the resolution or order with the Commission. The Commission must consider said motion within fifteen (15) days of being presented. Should the Commission reject it outright or fail to act within the fifteen (15) days, the term to solicit a judicial review shall be in effect again from the moment said rejection is notified or from the time the term of fifteen (15) days expires, as the case may be. If any determination is made about the consideration, the term to solicit a judicial review shall be counted as of the date on which a copy of the notice of the resolution of the agency definitely resolving the motion for reconsideration is filed in the records of the case. Said resolution shall be issued and filed in the records of the case within ninety (90) days after the motion for reconsideration has been filed. If the Commission accepts the motion for reconsideration but fails to take action in relation to the motion within ninety (90) days after the latter was filed, it shall lose its jurisdiction over the same and the term to solicit the judicial review shall be counted as of the date the term of ninety (90) days has expired except if the Commission, for just cause and within said ninety (90) days extends the term to resolve for a period not to exceed thirty (30) additional days.

History —June 3, 1980, No. 80, p. 226, added as § 4 on Feb. 17, 2006, No. 61, § 4.