P.R. Laws tit. 29, § 823f

2019-02-20 00:00:00+00
§ 823f. Advocate—Procedures

In the exercise of the powers and prerogatives conferred in § 823d of this title, the Advocate shall:

(a) Perform investigations and obtain the information he deems pertinent with regard to the complaints he investigates.

(b) Conduct administrative hearings and visual inspections. The hearings before the Advocate shall be public, but they may be held privately when it is justified because of the public interest.

(c) Take oaths and statements personally, or by his authorized representatives in all cases related to the purposes of this chapter and the activities of the Veterans Advocate’s Office.

(d) Inspect records, inventories, documents and physical facilities of the public agencies and private entities, subject to the provisions of this chapter and other statutes under his administration and jurisdiction which are pertinent to an investigation or a complaint being considered.

(e) Order the appearance and testimony of witnesses, require the presentation and reproduction of any papers, books, documents and other evidence pertinent to an investigation or a complaint under his consideration.

When a duly summoned witness does not appear to testify, or does not produce the evidence required, or refuses to answer any question with regard to an investigation conducted pursuant to the provisions of this chapter, the Advocate may request assistance from any part of the Court of First Instance of Puerto Rico to require its assistance, and the statement or the production of evidence requested, as the case may be. The Secretary of Justice shall furnish the needed legal assistance to the Advocate for such purposes.

No natural or juridical person shall refuse to answer a summons issued by the Advocate or his authorized representative, nor may he refuse to produce the required evidence, nor refuse to answer any question with regard to any matter being investigated by the Advocate, nor can he refuse to obey a court order issued to such effects, by alleging that the testimony or evidence in question could incriminate him or would expose him to a criminal suit or dismissal or suspension from his employment, occupation or profession. Likewise, no person shall be judged nor shall be subject to any sanction or forfeiture as a result of any transaction, matter or thing with regard to which he may be bound to give testimony or present evidence, after having claimed his privilege of refusing to incriminate himself, except that the person who gives testimony in this manner shall not be exempt from being sued or sanctioned for perjury, if he is guilty of such offenses.

The procedures for the filing, handling and investigation of complaints shall be governed by the regulations adopted to such effects, in all applicable matters not provided in this chapter.

History —June 27, 1987, No. 57, p. 188, § 7.