P.R. Laws tit. 21, § 4591
(a) Every official or employee who does not hold a sensitive position or office or is in the Municipal Police Corps, whose test for the detection of controlled substances shows a positive result, shall be immediately suspended without depriving them of their salary or remuneration, until a hearing with the minimum procedural guarantees contemplated in subsection (b) of this section, is held.
If after the hearing is held the original determination which is adverse to the official or employee is upheld, the municipality shall proceed according to the provisions of § 4589 of this title.
(b) No official or employee shall be dismissed or removed from the position or office he/she holds due to a corroborated positive result of the initial test for the detection of controlled substances. Nevertheless, as an exception, the official or employee may be dismissed or removed from office:
(1) When because of the nature of the employment, the condition detected is inevitably incompatible with the effective performance of the functions and duties of the position or office.
Any sensitive position or office or in the Municipal Police Corps is hereby declared as inevitably incompatible with the use of controlled substances.
(2) When the official is the person designated by the mayor to order the [administration] of tests, or is the Liaison Officer; Provided, That in such cases, suspension without pay or any other sanction or corrective measure provided by regulations may be chosen.
(3) When the official or employee refuses to participate in the rehabilitation plan adopted by the agency when required to do so; Provided, That in said case suspension without pay, or any other sanction or corrective measure provided by regulations may be chosen.
(4) In the case of an official, or employee who relapses; Provided, That in such a case, suspension without pay or any other sanction or corrective measure provided by regulations, may be an option.
(c) In every case in which it is provided that corrective measures, disciplinary actions, suspensions, removals or dismissals be taken, the minimal procedural guarantees should be complied with, in which the official or employee has the opportunity to be heard, to introduce evidence in his/her behalf, and challenge the evidence presented against him/her, and where he/she can introduce his/her legitimate self defense. Said hearing shall be held no later than twenty (20) days from the notice of the corrective measure, disciplinary action, suspension, removal or dismissal.
History —Aug. 30, 1991, No. 81, added as § 12.012 on Jan. 10, 1999, No. 30, § 4.