P.R. Laws tit. 3, § 1976k
The Advocate is hereby empowered to establish the systems needed for the access, receipt and prosecution of claims and complaints brought by elderly persons when they allege any action or omission by the agencies and private entities which impair the rights they are recognized by the Constitution of the United States of America, the Constitution of the Commonwealth of Puerto Rico, and the laws and regulations in effect.
All complaints brought under the provisions of this chapter shall be processed in the manner provided for by the regulations to be approved for these purposes in compliance with §§ 2101 et seq. of this title, known as the “Uniform Administrative Procedures Act of the Commonwealth of Puerto Rico”. The Advocate shall notify the complainant of his/her decision to investigate the facts claimed and on the same date he/she processes the corresponding notice, he/she shall so notify the agency or the person or private entity, as the case may be, with a statement of the facts alleged and a citation of the law that confers to him/her the power to conduct said investigation. He/she shall also notify the complaining party of his/her decision not to investigate the complaint in question, when appropriate, stating the reasons for such a decision and advising the complaining party of his/her right to request a reconsideration and review of the determination.
However, the Advocate shall not investigate complaints when:
(a) They refer to a matter outside his/her scope of jurisdiction.
(b) They lack merit.
(c) The complaining party has desisted voluntarily.
(d) The complaining party cannot legitimately bring the complaint.
In those cases in which the complaint filed does not set forth any controversy whatsoever which may be adjudicated or refers to a matter outside the scope of jurisdiction of the Office, the Advocate shall orient the complaining party and refer it to the agency concerned, if necessary.
The Advocate, in the exercise of the adjudication powers conferred by this chapter, may designate examining officers to preside over administrative hearings held. Adjudication procedures shall be governed by the provisions of §§ 2101 et seq. of this title, known as the “Uniform Administrative Procedures Act of the Commonwealth of Puerto Rico” and the regulations to be adopted by the Office for such purposes, including matters concerning the recourse of reconsideration and review of the adverse determination of the Advocate and his/her power to impose and collect administrative fines for up to ten thousand dollars ($10,000), and to impose compensation for damages caused, including emotional damages, among others.
History —Aug. 7, 2004, No. 203, § 14.