P.R. Laws tit. 21, § 4854
All procedures shall be initiated with the filing of a duly sworn writ of complaint or charges, in writing, at the Secretariat of the Commission, accompanied by the necessary evidence to evaluate the substantiality of the complaint or charge, and service of notice to the mayor, together with a certified copy of the writ.
When the complaint or charge is brought by a private citizen, the Commission shall provide him or her with the legal assistance needed for the complainant to furnish the information, evidence and pertinent documents that will allow the Commission [to] evaluate the substance of the complaint, including the determination of public interest.
Said notice shall inform the mayor thus charged that he/she has fifteen (15) days to answer the writ, and advise him/her of his/her right to appear before the Commission to defend himself (her), per se or through counsel, and present any documentary or testimonial evidence deemed pertinent, and of his/her right to a public or private hearing. The mayor may file a motion within the original term granted, for an extension of an additional fifteen (15) days.
Once the mayor files his/her answer to the complaint, the Commission shall study the record and within thirty (30) days from its receipt, may either dismiss it or schedule a hearing to air the charges. When the Commission dismisses a complaint without a hearing, it shall notify its decision through a copy of the resolution to such effect. The resolution shall contain the Commission’s findings of fact, rulings and conclusions of law.
When the Commission decides to proceed with the complaint, it shall hold a hearing, which shall be public or private of which the mayor thus charged and the complainant shall be notified at least fifteen (15) days prior to the date on which it will be held. When the complainant is a private citizen, the commission shall exercise its discretionary power, pursuant to the provisions of § 4852(c) of this title, in which case, it shall notify the mayor thus charged and the Secretary of Justice of Puerto Rico.
The hearing may be conducted before the full Commission or an Associate Commissioner designated by it to hear the case. If the hearing is held before an Associate Commissioner, he shall submit a report to the full Commission with his/her findings of fact, a summary of the evidence presented and admitted, his/her conclusions of law and any consideration pertinent to the case for evaluation by the full Commission. The Commission must arrive at and issue its ruling within fifteen (15) days after the hearing is concluded when it was held before the full Commission, or from the date the Associate Commissioner who held the hearing renders his/her report. In case the hearing is presided by an Associate Commissioner, he/she shall submit his/her report within fifteen (15) days from the date the hearing was concluded.
The terms established herein are compulsory in nature. Should the maximum period expire without a decision having been rendered, the complaint shall be dismissed with prejudice.
History —Aug. 30, 1991, No. 81, § 18.004; Aug. 29, 2000, No. 222, § 3.