P.R. Laws tit. 23, § 743

2019-02-20 00:00:00+00
§ 743. Judicial review of regulations, orders, and price schedules

(a) Any person aggrieved by the dismissal of his application for reconsideration may, within the ten (10) days following notice of such dismissal, file a petition with the Court of First Instance setting forth his objections and praying that the protested regulation, resolution or order be revoked in whole or in part. A copy of such petition shall be served on the Administrator, who shall certify and file with the court a transcription of such part of the proceedings in connection with the application for reconsideration as may be relevant to the petition. Such transcription shall include a statement, insofar as possible, of the economic data and other facts of which the Administrator has taken official notice. The court shall have jurisdiction, upon the filing of such petition, to revoke such regulation, resolution or order, in whole or in part, or to dismiss the petition, or to remand the proceedings.

(b) No regulation, resolution or order shall be revoked in whole or in part unless the petitioner shows and establishes to the satisfaction of the court that the regulation, resolution or order is contrary to law, or is arbitrary or capricious. The effectiveness of a judgment of the court revoking in whole or in part any regulation, resolution or order shall be postponed until the expiration of thirty (30) days from the filing thereof, unless a petition for a writ of certiorari is filed with the Supreme Court of Puerto Rico within such thirty (30) days, in which case the effectiveness of the judgment shall be postponed until an order of the Supreme Court dismissing such petition of certiorari is entered and becomes final, or until final disposition of the case is made by the Supreme Court.

(c) The filing of an application for reconsideration or review shall not stay the effects of the regulation, resolution or order challenged.

(d) No mandate, injunction, or other restrictive measure shall be issued which will prevent the enforcement of the regulations, resolutions or orders appealed from.

(e) Within ten (10) days after entry of judgment or interlocutory or final order by the Court of First Instance, a petition for a writ of certiorari may be filed in the Supreme Court of Puerto Rico, which petition shall be conducted in the manner established by law and by the regulations on the matter.

(f) Except as provided herein, no court shall have jurisdiction or power to prevent by injunction the promulgation of any regulation, resolution or order, or to prevent the effectiveness of a price schedule or of any provision of any such regulations, resolutions or orders, or to issue a writ of injunction to restrain the effectiveness and application of any such provision.

History —May 12, 1942, No. 228, p. 1268, § 12; June 20, 1958, No. 59, p. 132, § 1.