P.R. Laws tit. 3, § 2511
(a) Any official or employee of an agency who shows a positive first result in a controlled substances detection test, shall be suspended immediately without depriving him/her of his/her pay or remuneration, until a hearing is held with the minimum procedural guarantees contemplated in subsection (b) of this section.
If after the hearing is held, the original determination that is adverse to the official or employee is upheld, the Agency shall proceed in accordance with the provisions of § 2510 of this title.
(b) No official or employee shall be dismissed or removed from the position or office he/she holds for showing a positive corroborated result in the initial controlled substance test. Nevertheless, as an exception, the official or employee may be dismissed or removed:
(1) When due to the inherent nature of the job, the detected condition is unequivocally incompatible with the effective performance of the functions and duties of the position or office.
It is hereby declared that every position or office in any public safety agency or program is unequivocally incompatible with the use of controlled substances.
(2) When the official or employee holds a sensitive office or position; Provided, That in such a case, suspension without pay, or any other sanction or corrective measure provided by regulations, can be an option.
(3) When the official is the one designated by the secretary, administrator, director or head of the agency to order the tests to be administered, to wit, the liaison; Provided, That in such a case, suspension without pay, or any other sanction or corrective measure provided by regulations, can be an option.
(4) When the official or employee refuses to participate in the rehabilitation plan adopted by the agency when required to do so; Provided, That in such a case, suspension without pay, or any other sanction or corrective measure provided by regulations, can be an option.
(5) In the case of an official or employee who is a recidivist; Provided, That in such a case, suspension without pay, or any other sanction or corrective measure provided by regulations, can be an option.
(c) In all cases that corrective measures, disciplinary measures, suspensions, dismissals or removals are provided, minimum procedural guarantees of due notice and hearing must be met, where the official or employee shall have the opportunity to be heard; to offer evidence in his/her behalf, and refute the evidence presented against him/her, and can present allegations in his/her favor. Said hearing shall be held no later than twenty (20) days from the date the notice of the corrective measure, disciplinary action, suspension, dismissal or removal is given.
History —Aug. 14, 1997, No. 78, § 14.