P.R. Laws tit. 3, § 1943

2019-02-20 00:00:00+00
§ 1943. Review; order to stay authorization

The only remedy available to the party adversely affected by any resolution or order issued by any agency shall be to file a request for review before the Circuit Court of Appeals. Any request for judicial review by the administrative agency concerned shall be presented before said court, within the jurisdictional term of twenty (20) calendar days from the date that a copy of the notice of the resolution or final order of the agency has been filed for the record. The appellant party shall notify the presentation of the request for revision to the appealed agency, and to all the interested parties, within the established term; Provided, That compliance with said notice shall be jurisdictional in nature.

The issuing of a writ of review shall not stay the authorization or the execution of a work, nor the implementation of a rule, regulation, order, resolution, determination, processing, awarding, or effectiveness of any permit, endorsement, or certification of an agency or official; the adjudication of an auction, or the granting of a contract issued or emerging from the projects that are to be carried out, unless the court expressly orders it, in order to prevent an irreparable damage, after having considered a motion in aid of jurisdiction to such effects.

In order for the court to issue such order, the petitioning party must prove that it is indispensable for the protection of the court’s jurisdiction; that it has a great probability of prevailing on the merits; that the order to stay will not cause substantial damage to the other parties; that it will not impair the public interest; that there is no reasonable alternative to avoid the alleged damages; and that the damage can not be compensated by granting a monetary remedy or any other adequate legal remedy, all of this in accordance with the provisions of the 1933 Code of Civil Procedure, Title 32.

Any order of the court shall only affect the component or components of the project that are subject to controversy in the case, and in which a substantial damage is involved.

History —May 5, 2000, No. 76, § 13.