P.R. Laws tit. 3, § 1858d

2019-02-20 00:00:00+00

§ 1858d. Term to audit and actions related to the financial reports of the Executive Branch

(a) Within ninety (90) days following the date of the filing of the financial report, the Office shall complete an audit thereof. If during the audit process, any unjustified information is detected, the Office shall initiate a forensic audit, which shall conclude within two (2) years. These terms shall be strictly observed. If there is just cause, the Office may extend any of such terms for an additional term of ninety (90) days.

(b) Once concluded, the Office may reopen an audit when:

(1) The public servant, motu proprio, amends his/her financial report.

(2) Someone personally knows and provides new and essential information about the conducted audit, which, despite due diligence, could not be discovered or could not have been discovered before the end of the audit.

(3) In an administrative or judicial proceeding, whether state or federal, the falseness of certain information furnished during the audit process was proved; provided, that such information has been the basis for the investigation.

If the Office reopens an audit, it must be completed within one (1) year. If a possible conflict is detected in the information provided in the financial report, the Office may require the elimination thereof.

The Office shall notify the person who filed the report about the conflict of interest and grant him/her a term to eliminate the same. If the person fails to eliminate the conflict within the term provided, the Office shall initiate the appropriate administrative procedure.

(c) If a possible conflict of interest is detected in the information provided in the financial report, the Office may require the elimination of the motive that creates such conflict of interest. The Office shall notify the person who filed the report about the conflict of interest and grant him/her a term to eliminate the same. If the person fails to eliminate the motive which creates such conflict of interests within the term provided, the Office shall initiate the appropriate administrative procedure.

History —Jan. 3, 2012, No. 1, § 5.5.