P.R. Laws tit. 21, § 4653
Regardless of the provisions of the § 4652 of this title, the central government may delegate any of its own legal authority to the municipalities so that they may carry out specific activities, provide certain public services, implement programs, plans or proposals, or carry out any public works project. The legal authority to implement and monitor any law or regulation may also be delegated. Wherever the term “delegation” is used in this chapter, it shall be understood to include and comprise the authorization to make transfers. The delegation of legal authority maybe done only after complying with the conditions, requirements and procedures provided in this chapter, and when:
(a) The municipality to which the legal authority is transferred commits itself to exercise it within the framework of public policy and the legal provisions that govern it.
(b) It is determined that such delegation will expedite or improve the attainment of the public purpose pursued, or that the cost of carrying out, executing and implementing it by the municipality will be the same or less than the public agency.
(c) The municipal government has the personnel and a level of operational efficiency to properly comply with or execute the legal authority to be delegated to it.
(d) The delegated legal authority is to be implemented or executed solely within the municipality’s territorial limits. However, if the statutes of the legal authority establish administrative fines, the municipality may apply the delegated legal authority to actions carried out outside of the municipality when the result or effect of the prohibited action or omission is produced within municipal limits.
(e) The municipality implements and monitors the regulations in question subject to the rules and general guidelines adopted by the central government agency.
(f) The fragmentation of rules, procedures, proceedings and regulations is averted and provisions are made for the uniform application or execution of the legal authority, regardless of the municipality to which it is delegated or the portion thereof that remains in the central government agency.
(g) The uniformity of administrative fines and penalties fixed by the by-laws of the legal authority is maintained. When the administrative fines are larger than those that the municipalities may impose under this subtitle, the execution of and agreement delegating the legal authority to the municipal government shall constitute sufficient authorization for it to impose administrative fines up to the limits established in the by-laws of the delegated legal authority.
History —Aug. 30, 1991, No. 81, § 14.003.