P.R. Laws tit. 23, § 9025a

2019-02-20 00:00:00+00
§ 9025a. Participation and intervention

The Joint Permit Regulation shall establish the criteria, terms, and procedures regarding the participation in the evaluation process of final determinations, permits, as well as any other adjudicatory procedure required under the provisions of this chapter and subject to provisions in § 9011 of this title. For the ends and purposes of this chapter and its Regulation, no one shall be entitled to intervene solely on the grounds of being part of the same industry or business; (b) participating in a proceeding without timely requesting intervention through the mechanisms provided, even when such participation is continuous, active or repeated; (c) appearing in a public proceeding; (d) giving testimony in a public proceeding; (e) furnishing documentary evidence; or (f) participating in a public proceeding as amicus curiae. The request for intervention shall be granted if any of the following criteria is met: (i) there are no other legal recourses for the petitioner to be able to properly protect his/her interest; (ii) the interest of the petitioner is not properly represented by the parties in the proceeding; (iii) the interest of the petitioner may be substantially affected by the proceeding; and (iv) if applicable, the petitioner represents or is the spokesperson for other community groups or entities which may be substantially affected by the action, final determination or resolution of the Permit Management Office, the Adjudicatory Board, and the autonomous municipalities with I to V granted hierarchy. The Permit Management Office, the Adjudicatory Board, and the autonomous municipalities with I to V granted hierarchy may require the petitioner to submit additional evidence to be able to issue the corresponding determination regarding the request for intervention. If these decide to deny the request for intervention in an adjudicative proceeding, they shall notify their determination in writing to the petitioner and shall include the grounds thereof, and shall advise the petitioner of his/her right to appeal the same when the adjudicatory proceedings before the Reviewing Board on the request for intervention has ended, in compliance with the requirements established in Subchapter XII of this chapter. The provisions of this section shall not apply to such persons who wish to comment on an EIS relative to a permit, but rather, the provisions of § 9018d of this title shall apply in these cases.

History —Dec. 1, 2009, No. 161, § 15.2.