P.R. Laws tit. 3, § 1857f
(a) Criminal action.—
(1) Any person who intentionally violates the prohibitions and provisions established in subsections (b), (c), (d), (e), (f), (m), (n), (o), (p), and (q) of § 1857a of this title shall be guilty of a felony and punished by imprisonment for a fixed term of four (4) years, plus restitution for violations of subsection (b); by imprisonment for a fixed term of eight (8) years and a ten thousand dollar ($10,000) fine for violations of subsection (c); by imprisonment for a fixed term of ten (10) years and a ten thousand dollar ($10,000) fine for violations of subsection (d); and by imprisonment for a fixed term of three (3) years and a five thousand dollar ($5,000) fine for violations of subsections (e), (f), (m), (n), (o), (p), and (q). In addition to the penalties established for subsections (o), (p), and (q), the court may impose community service and the suspension or revocation of any license, permit or authorization.
Violations of subsections (b), (c), (d), (e), (f), (m), and (n) of § 1857a of this title shall not be eligible for suspended sentence.
(2) Any person who intentionally violates the prohibitions and provisions established in subsections (b) and (c) of § 1857b of this title shall be guilty of a felony and punished by imprisonment for a fixed term of three (3) years and a five thousand dollar ($5,000) fine. In addition, the court may impose community service and the suspension or revocation of any license, permit or authorization.
(3) The person thus convicted shall be disqualified to hold any public office or employment, subject to the provisions of § 1462g of this title, as amended, known as the “Public Service Human Resources Administration Act of the Commonwealth of Puerto Rico”.
(4) The offenses set forth in this subchapter shall not prescribe.
(b) Civil action.—
(1) The Office shall be empowered to request the San Juan Part of the Court of First Instance to issue an injunction to prevent any violation of this subchapter and file the proper actions to recover the civil sanctions imposed on behalf of the state.
(2) The Office may resort to the San Juan Part of the Court of First Instance to request that the execution of any official action which constitutes a violation of the prohibitions established by this subchapter be barred, suspended or stayed.
(3) Any person who receives financial gain as a result of a violation of this subchapter shall be bound to pay the state, as civil sanction for noncompliance, a sum equal to three (3) times the value of the financial gain received.
(c) Administrative action.— Any person who violates the prohibitions and provisions established in this subchapter and in the regulations, orders, and norms promulgated thereunder may be sanctioned by the Executive Director by an administrative fine, which shall not exceed twenty thousand dollars ($20,000) for each violation. The foregoing shall not limit the power of the Executive Director to impose a treble damages sanction, in addition to said administrative fine.
The Executive Director may impose for violations of any of the provisions of this subchapter, when applicable, the following administrative measures:
(1) To declare null any contract executed or appointment made in contravention of the provisions of subsection (h) of 1857a of this title and subsection (d) of § 1857e of this title. Whenever a contract or appointment is declared null, the appointing authority concerned shall restitute from its own funds any income earned and profit obtained from such office or contract.
(2) To order restitution.
(3) To order the agency concerned to make deductions from the payroll of the public servant at fault until the fine imposed is paid, as provided in subsection (q) of § 1855b of this title.
(4) To consider recidivism when imposing a fine or the sanctions provided in subsection (d) of this section.
Any public servant or former public servant affected by any of these measures or administrative actions shall be entitled to request review, as provided in 2172 of this title, known as the “Uniform Administrative Procedures Act”.
(d) Other sanctions.—
Any violations of the provisions of this subchapter may be punished, as applicable, by any of the following actions imposed by the appointing authority:
(1) Written reprimand.
(2) Summary job suspension.
(3) Suspension from job and pay.
(4) Removal or discharge.
(e) Judicial action for noncompliance with administrative or civil sanctions.— As for any person that fails to comply with a final and binding administrative fine or sanction and/or with any final and binding civil sanction, the courts of justice may impose ten percent (10%) interest or interest at the prevailing legal rate, whichever is higher, on the amount owed, as well as the payment of attorneys fees in favor of the Government. The interest shall begin to accrue from the time the sanction becomes final and binding.
History —Jan. 3, 2012, No. 1, § 4.7.