(a) The Secretary shall appoint one or more examiners to hear and decide challenges of citations and proposed penalties pursuant to §§ 361r and 361s of this title. The appointment, terms of employment and compensation of the examiners shall be made in accordance with the applicable regulations of the Personnel Office of the Commonwealth of Puerto Rico.
(b) A reasonable opportunity for a hearing shall be promptly granted to all the parties and a full record of the proceedings shall be taken. The examiners shall investigate and develop all the facts concerning the controversies and shall receive and consider evidence without regard to the statutory rules of evidence. The Secretary shall adopt regulations to govern the hearing procedure consistent with the provisions of due process of law. A record shall be kept of all the testimony and proceedings of the hearing, but the testimony need not be transcribed unless further review proceedings are instituted.
(c) The examiner may order testimony to be taken by deposition in any proceedings pending before him at any stage of such proceedings. Any person may be compelled to appear and depose, and to produce books, papers or documents in the same manner as witnesses may be compelled to appear, and to testify and produce like documentary evidence before the Secretary. Witnesses summoned by the Secretary or his examiners or whose depositions are taken under this subsection, as well as the persons taking them, shall be entitled to the same fees that are paid for like services in the courts of the Commonwealth of Puerto Rico.
(d) An examiner shall hear and make a determination upon any proceeding instituted before the Secretary and upon any motion in connection therewith, and shall make a report in writing of any such determinations, which shall constitute his final disposition of the proceedings. The decision of the examiner shall become the final order of the Secretary within thirty (30) days after such decision is notified by the examiner, unless it is reviewed by the Secretary pursuant to § 361s(c) of this title.
(e) Complaints, orders and other proceedings and documents of the Secretary, his examiners or other agents, may be served personally or by mail, or by telegraph or by leaving a copy thereof at the main office or place of business of the person who is sought to be served. Return service of the server describing the manner in which it was executed shall constitute proof thereof.
History —Aug. 5, 1975, No. 16, p. 605, § 21; June 24, 1977, No. 116, p. 295, § 6.