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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-iii/chapter-55/1256/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART III - Puerto Rico Public Service Act (§§ 1001 — 1282)›Chapter 55 - Practice and Procedure Before the Commission; Judicial Review (§§ 1251 — 1282)›§ 1256 - Complaints to Commission
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART III - Puerto Rico Public Service Act (§§ 1001 — 1282) › Chapter 55 - Practice and Procedure Before the Commission; Judicial Review (§§ 1251 — 1282) › § 1256 - Complaints to Commission
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Any person or government instrumentality complaining of anything done or about to be done, omitted or about to be omitted, by any public service company or private carrier, or any grantee, in violation of any requirement or provision of this part, or of any ruling or legal order of the Commission, may appear before the Commission upon written petition thereto, pursuant to the rules approved by the Commission.
History —June 28, 1962, No. 109, p. 288, § 45, eff. 90 days after June 28, 1962.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-iii/chapter-55/1257/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART III - Puerto Rico Public Service Act (§§ 1001 — 1282)›Chapter 55 - Practice and Procedure Before the Commission; Judicial Review (§§ 1251 — 1282)›§ 1257 - Action on complaint
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART III - Puerto Rico Public Service Act (§§ 1001 — 1282) › Chapter 55 - Practice and Procedure Before the Commission; Judicial Review (§§ 1251 — 1282) › § 1257 - Action on complaint
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If such public service company or private carrier, within the time set by the Commission through written notice served by mail, shall satisfy the complaint, the Commission shall dismiss the petition, but said company or private carrier shall be relieved from liability only as to the specific matter complained of. If such company or private carrier shall not satisfy the complaint within the time specified, and the Commission shall find that there is reasonable ground for investigating said complaint, it shall be the duty of the Commission to do so in such manner as it may deem appropriate.
History —June 28, 1962, No. 109, p. 288, § 46; July 30, 1974, No. 263, Part 2, p. 305, § 1.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-iii/chapter-55/1258/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART III - Puerto Rico Public Service Act (§§ 1001 — 1282)›Chapter 55 - Practice and Procedure Before the Commission; Judicial Review (§§ 1251 — 1282)›§ 1258 - Hearing on motion
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART III - Puerto Rico Public Service Act (§§ 1001 — 1282) › Chapter 55 - Practice and Procedure Before the Commission; Judicial Review (§§ 1251 — 1282) › § 1258 - Hearing on motion
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The Commission may, also, upon its own motion, and upon such notice as it may deem reasonable, institute any similar investigation and fix a time and place for a hearing with the same effect as though complaint had been made as aforesaid and satisfaction thereof refused.
History —June 28, 1962, No. 109, p. 288, § 47, eff. 90 days after June 28, 1962.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-iii/chapter-55/1259/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART III - Puerto Rico Public Service Act (§§ 1001 — 1282)›Chapter 55 - Practice and Procedure Before the Commission; Judicial Review (§§ 1251 — 1282)›§ 1259 - Onus probandi
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART III - Puerto Rico Public Service Act (§§ 1001 — 1282) › Chapter 55 - Practice and Procedure Before the Commission; Judicial Review (§§ 1251 — 1282) › § 1259 - Onus probandi
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Where a hearing is had upon the violation of any provision of this part or of any ruling or order of the Commission, the onus probandi shall be upon the public service company, private carrier, or person concerned.
History —June 28, 1962, No. 109, p. 288, § 48, eff. 90 days after June 28, 1962.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-iii/chapter-55/1260/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART III - Puerto Rico Public Service Act (§§ 1001 — 1282)›Chapter 55 - Practice and Procedure Before the Commission; Judicial Review (§§ 1251 — 1282)›§ 1260 - Procedure for hearings
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART III - Puerto Rico Public Service Act (§§ 1001 — 1282) › Chapter 55 - Practice and Procedure Before the Commission; Judicial Review (§§ 1251 — 1282) › § 1260 - Procedure for hearings
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(a) Every hearing or investigation shall be instituted upon order of the Commission. The order shall give timely notice of:
(1) The time when and the place where it will be held.
(2) The legal authority by virtue of which it is held.
(3) The findings of fact and issues of law on which the Commission wishes to receive evidence or listen to reports.
Such order shall be served in the manner provided in this part.
The order may be amended on motion or on petition of a party or of an intervener, filed pursuant to the rules of the Commission. Intervention in the proceedings shall be given to those persons who might be adversely affected, if the petition in question is pronounced in order, provided such persons file a motion to intervene in accordance with the rulings of the Commission.
(b) Every hearing or investigation held by the Commission shall be presided over by one or more Commissioners, examiners or employees of the Commission, who shall have the powers provided in §§ 1054(c) and 1121 of this title.
(c) All parties to a hearing or investigation shall have the right to present their case or defense through oral or written evidence, to submit proof of rebuttal, and to conduct such cross-examinations as may be necessary to a complete and true disclosure of the facts. In cases about the adoption of rules or the fixing of rates, or in such other cases as the Commission may consider it desirable or practicable, the latter may adopt procedures for the presentation in writing of all or part of the evidence.
(d) The Commission is authorized to make rules for its proceedings.
History —June 28, 1962, No. 109, p. 288, § 49; June 27, 1974, No. 103, Part 1, p. 341, § 6.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-iii/chapter-55/1261/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART III - Puerto Rico Public Service Act (§§ 1001 — 1282)›Chapter 55 - Practice and Procedure Before the Commission; Judicial Review (§§ 1251 — 1282)›§ 1261 - Procedure for approval of rules
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART III - Puerto Rico Public Service Act (§§ 1001 — 1282) › Chapter 55 - Practice and Procedure Before the Commission; Judicial Review (§§ 1251 — 1282) › § 1261 - Procedure for approval of rules
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(a) At any time that the Commission shall desire to issue a rule it shall notify its purpose to do so by serving notice upon all persons to whom the rule shall be applied, either personally or by mail or, when the number of persons exceeds fifty [(50], by publication in a newspaper of general circulation in Puerto Rico on two different dates. The notice shall include all such matters as the Commission may establish by rule. This subsection shall not apply in those cases in which the Commission shall find that there is good cause for which the notice and the public procedure are impracticable, unnecessary, or counter to the public interest, in which cases the Commission shall make the finding and a brief statement of the reasons therefor in the rules to be issued by it. No notice whatsoever shall be required prior to the issuance of interpretations of general application or of general orders having the force of law. Such statements and interpretations of general application, and rules of procedure, shall be made available to the public upon issue and shall be published annually.
(b) Upon service of the notice required by this section, the Commission shall give all interested persons the opportunity to participate in the procedure for the adoption of the rule, through the filing, in writing, of their viewpoints, data, or arguments, with or without the opportunity to express same verbally. After considering all relevant matters presented, the Commission shall incorporate into any rule adopted by it a brief general statement about its grounds and purposes. In those cases where this part requires that the opportunity of a previous hearing be granted for the adoption of a rule, the procedure provided in § 1260 of this title shall be followed instead of the provisions of this subsection.
(c) The publication or notice required by any substantive rule other than one granting or acknowledging an exemption or eliminating a restriction, shall be carried out not less than thirty (30) days in advance of the date on which the rule is to take effect, except where the Commission otherwise provides upon determining that there is good cause therefor, which shall be set forth at the time the rule is published.
(d) All interested persons shall have the right to request of the Commission that a rule be issued, amended, or repealed.
History —June 28, 1962, No. 109, p. 288, § 50; July 30, 1974, No. 263, Part 2, p. 305, § 2.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-iii/chapter-55/1262/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART III - Puerto Rico Public Service Act (§§ 1001 — 1282)›Chapter 55 - Practice and Procedure Before the Commission; Judicial Review (§§ 1251 — 1282)›§ 1262 - Amendment, suspension and revocation of decisions and authorizations
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART III - Puerto Rico Public Service Act (§§ 1001 — 1282) › Chapter 55 - Practice and Procedure Before the Commission; Judicial Review (§§ 1251 — 1282) › § 1262 - Amendment, suspension and revocation of decisions and authorizations
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(a) The Commission may, after a hearing, suspend, amend or revoke any decision, order or final authorization, within thirty (30) days from the date of issuance, provided that in so doing it sets forth in writing the reasons it has had therefor.
(b) Any authorization may be revoked for the following reasons:
(1) False statements knowingly made in the petition or in any written statement of the facts, filed in connection with said petition.
(2) The voluntary or repeated failure to operate the service as substantially specified in the authorization.
(3) The voluntary violation of or noncompliance with any provision of this part or of any ruling of the Commission.
(4) The violation of or noncompliance with any order to cease or to desist issued by the Commission under the provisions of this section.
(c) Whenever any person: (1) has failed to operate the service substantially as specified in the authorization, or (2) has violated or not complied with any of the provisions of this part, or (3) has violated or failed to comply with any ruling of the Commission, or (4) has refused to serve any person on the grounds of race, color, sex, birth, origin, social condition, political affiliation or religious creed, the Commission may direct such person to cease in and desist from such behavior.
(d) Before revoking an authorization under the provisions of subsection (c), or issuing an order to cease and desist under the provisions of this subsection, the Commission shall serve notice upon the affected person with an order to show cause for which an order of revocation or to cease and desist must not be issued. The order to show cause shall contain a statement of all matters regarding which the Commission is conducting inquiries, and the same shall require that the affected person appear before the Commission on the date and place therein set forth to offer evidence on the matters specified in the order. The date fixed for the appearance shall not be sooner than ten (10) days counting from the date of notice, except in cases where danger to life or property is involved, when a shorter period may be provided in the order. Whenever the Commission shall determine, after due hearing, or after waiver thereof, that an order of revocation or an order to cease and desist should be issued, it shall do so jointly with a statement of its finding and the grounds therefor, specifying the effective date thereof. Notice of said order shall be served on the affected person.
(e) The right of a public service company or private carrier to operate a vehicle may be suspended without previous notice for a temporary period not to exceed sixty (60) days whenever the Commission may deem the operation of such vehicle dangerous to public health or safety.
History —June 28, 1962, No. 109, p. 288, § 51, eff. 90 days after June 28, 1962.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-iii/chapter-55/1262a/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART III - Puerto Rico Public Service Act (§§ 1001 — 1282)›Chapter 55 - Practice and Procedure Before the Commission; Judicial Review (§§ 1251 — 1282)›§ 1262a - Special procedure
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART III - Puerto Rico Public Service Act (§§ 1001 — 1282) › Chapter 55 - Practice and Procedure Before the Commission; Judicial Review (§§ 1251 — 1282) › § 1262a - Special procedure
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(a) Any duly authorized official or agent of the Public Service Commission may present before any judge of the Court of First Instance of Puerto Rico a sworn petition alleging that the public service company or entity acting as such, as referred to in the petition, is not complying with the provisions of this part and/or the rules and regulations approved thereunder, or with any act, rule, and regulation relative to the protection of the life, health, safety, and welfare of the general public, setting forth acts or omissions that constituted said violation and naming the persons held responsible therefor. The court shall issue a provisional order addressed to said persons requiring them, under contempt of court, to stop all activity with regard to the conditions set forth in the petition, until the right thereto is judicially settled.
(b) In the provisional order there shall be fixed the date of the hearing which shall be held within the ten (10) days following the filing of the petition and the defendant shall be notified that in said hearing he may appear in person or represented by an attorney, to challenge the charges made against him and that a permanent order may be issued against him, should he fail to appear.
(c) Said order shall be executed in the same manner as done in summons for first appearance in cases of eviction. To execute said order there may be used the service of any marshal of the courts of Puerto Rico or of any member of the Commonwealth Police. A copy of the order and a copy of the sworn petition shall be delivered to the defendant. Both documents shall bear the seal of the court.
(d) The defendant shall not be bound to file any written brief in reply to the petition, but may present any proper defense. Whenever a dispute as to the facts arises, the court shall make an ocular inspection, if deemed convenient or if requested by any of the parties in interest during the hearing.
(e) The decision which shall be in writing may decree the permanent cessation of the acts alleged in the petition or rendering temporarily or [indefinitely] without effect the provisional order.
(f) The final decision may be appealed or reviewed before the corresponding court of higher jurisdiction. Where no provision therefor is made herein, the Rules of Civil Procedure shall govern in such appeals or reviews.
(g) The provisional order may be rendered ineffective by the court before the holding of the hearing when the petitioner or any other agent or duly authorized representative of the Public Service Commission so requests after having been convinced that the omissions have been corrected or the acts constituting the violation charged in the petition have been finally suspended.
(h) Any person who violates the terms of a permanent or provisional order under the present special procedure shall be guilty of contempt of court and shall be punished by the issuing court by a fine of not less than fifty dollars ($50) nor more than ten thousand dollars ($10,000) or by imprisonment in jail for a term which shall not exceed three (3) months.
History —June 28, 1962, No. 109, p. 288, added as § 51-A on June 27, 1969, No. 97, p. 268; July 26, 1979, No. 193, p. 547, § 1; Aug. 2, 2006, No. 141, § 3.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-iii/chapter-55/1263/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART III - Puerto Rico Public Service Act (§§ 1001 — 1282)›Chapter 55 - Practice and Procedure Before the Commission; Judicial Review (§§ 1251 — 1282)›§ 1263 - Reconsideration
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART III - Puerto Rico Public Service Act (§§ 1001 — 1282) › Chapter 55 - Practice and Procedure Before the Commission; Judicial Review (§§ 1251 — 1282) › § 1263 - Reconsideration
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Any person adversely affected by a decision of the Commission in any proceeding to which said person is a party, may apply for its reconsideration within the term of fifteen (15) days after service of notice of said decision. When notice is given by mail, the day it was put in the mail, certified by the secretary, shall be the date of the notice. The application for reconsideration shall not excuse any person from complying with or obeying any decision of the Commission, nor shall in any manner whatsoever serve to suspend or postpone the taking effect thereof, unless by a special order of the Commission. The filing of an application for reconsideration shall not be a prerequisite for the judicial review of any order or decision, except in such cases where the party seeking the review does so on the grounds that there are findings of fact or issues of law which the Commission did not have the opportunity to consider. In application for reconsideration the grounds upon which the application is based shall be specifically set forth. The Commission shall have power to grant or refuse the reconsideration, or to suspend, amend or revoke its order or decision without holding a new hearing. The decision granting or refusing the application for reconsideration shall be made within the term of thirty (30) days counting from the date of the filing thereof. If a new hearing is ordered, the Commission shall not receive therein any other evidence except: (1) material evidence recently discovered and which could not be obtained by the exercise of reasonable diligence for use in the previous hearing; (2) evidence which has remained available only after the date on which evidence was originally introduced[, or] (3) evidence which the Commission understands should have been received in the original proceedings. If the new hearing were granted, the Commission shall resolve thereupon within the term of thirty (30) days from the date the case is submitted. Any order, decision or requirement issued after a new hearing, suspending or amending an original order or decision, shall be subject to the same provisions regarding its reconsideration as the original order or decision.
History —June 28, 1962, No. 109, p. 288, § 52, eff. 90 days after June 28, 1962.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-iii/chapter-55/1264/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART III - Puerto Rico Public Service Act (§§ 1001 — 1282)›Chapter 55 - Practice and Procedure Before the Commission; Judicial Review (§§ 1251 — 1282)›§ 1264 - Notice of decisions
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART III - Puerto Rico Public Service Act (§§ 1001 — 1282) › Chapter 55 - Practice and Procedure Before the Commission; Judicial Review (§§ 1251 — 1282) › § 1264 - Notice of decisions
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Notice of all decisions of the Commission shall be served upon the person or persons affected in the manner provided by law for the notification of a summons, or shall be served by registered mail or first-class mail, postage prepaid. Whenever the number of persons to be notified in a proceeding exceeds fifty (50), the notice may be given by publishing same in a newspaper of general circulation in Puerto Rico on at least two different dates.
History —June 28, 1962, No. 109, p. 288, § 53, eff. 90 days after June 28, 1962.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-iii/chapter-55/1265/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART III - Puerto Rico Public Service Act (§§ 1001 — 1282)›Chapter 55 - Practice and Procedure Before the Commission; Judicial Review (§§ 1251 — 1282)›§ 1265 - Notifications of orders to counsel
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART III - Puerto Rico Public Service Act (§§ 1001 — 1282) › Chapter 55 - Practice and Procedure Before the Commission; Judicial Review (§§ 1251 — 1282) › § 1265 - Notifications of orders to counsel
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In all cases where a party to the proceeding is represented by counsel, notice of all documents, orders, decisions and requirements may be served upon such counsel.
History —June 28, 1962, No. 109, p. 288, § 54, eff. 90 days after June 28, 1962.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-iii/chapter-55/1266/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART III - Puerto Rico Public Service Act (§§ 1001 — 1282)›Chapter 55 - Practice and Procedure Before the Commission; Judicial Review (§§ 1251 — 1282)›§ 1266 - Decisions reviewed
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART III - Puerto Rico Public Service Act (§§ 1001 — 1282) › Chapter 55 - Practice and Procedure Before the Commission; Judicial Review (§§ 1251 — 1282) › § 1266 - Decisions reviewed
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(a) Any party to a proceeding under this part who may be adversely affected by the final order of the Commission, may, within thirty (30) days after the date notice of such decision was served upon him, file a petition for review in the Court of First Instance of Puerto Rico, San Juan Part, for the latter to determine the lawfulness of the decision and pleading for the same to be modified or rendered ineffective in whole or in part. The petition for review shall be filed and presented in conformity with such rules applicable to remedies for the review of administrative decisions, in force in the Court of First Instance of Puerto Rico, San Juan Part, as are not in conflict with the provisions of this part.
The granting of a petition for review shall be discretionary with the court. The findings of the Commission with regard to the facts, if supported by substantial evidence, shall be conclusive.
(b) The cost of transcribing, preparing and certifying the administrative record shall be paid to the Commission by the petitioner for review. The Commission may, by ruling, provide for the compensation to be paid to the persons preparing the administrative record. The Commission shall not be bound to certify and transmit the administrative record to the court until the petitioner shall have first deposited in the Secretariat of the Commission the total cost of the preparation, transcription and certification of such record, except in cases of insolvency duly proved before the Commission.
History —June 28, 1962, No. 109, p. 288, § 55, eff. 90 days after June 28, 1962.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-iii/chapter-55/1267/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART III - Puerto Rico Public Service Act (§§ 1001 — 1282)›Chapter 55 - Practice and Procedure Before the Commission; Judicial Review (§§ 1251 — 1282)›§ 1267 - Scope of review by Court of First Instance
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART III - Puerto Rico Public Service Act (§§ 1001 — 1282) › Chapter 55 - Practice and Procedure Before the Commission; Judicial Review (§§ 1251 — 1282) › § 1267 - Scope of review by Court of First Instance
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If after examining the administrative record, the court shall find that the decision appealed from is reasonable and in conformity with law, it shall enter a decree dismissing the petition for review and affirming the decision of the Commission. If, on the contrary, the court shall find that the decision is unreasonable or is based upon insufficient evidence which materially affects same, or is otherwise contrary to law, it shall then enter a final decree revoking the decision or, in its discretion, it may remand the record to the Commission, with directions to reconsider the matter and make such decision as shall be reasonable and in conformity with law. In case the court shall reverse an order of the Commission dismissing a complaint, after an investigation and hearing before the Commission, it shall remand the administrative record of the proceeding to the Commission, with directions to reinstate the complaint, proceed to hold another hearing or make another investigation, and make such decision as shall be reasonable and in conformity with law. In issuing final decree in any petition for review the court shall have power to tax costs against petitioner.
History —June 28, 1962, No. 109, p. 288, § 56, eff. 90 days after June 28, 1962.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-iii/chapter-55/1268/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART III - Puerto Rico Public Service Act (§§ 1001 — 1282)›Chapter 55 - Practice and Procedure Before the Commission; Judicial Review (§§ 1251 — 1282)›§ 1268 - Order to stay under petition for review
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART III - Puerto Rico Public Service Act (§§ 1001 — 1282) › Chapter 55 - Practice and Procedure Before the Commission; Judicial Review (§§ 1251 — 1282) › § 1268 - Order to stay under petition for review
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The filing of a petition for review of a decision of the Commission, or the granting of such petition by the Court of First Instance, shall in no case cause the effect of a stay of the decision except where, at the instance of a party, the court so directs, upon determination that the petitioner would sustain irreparable damages should such stay be not granted, and after the giving of bond, when so directed by the court, in the amount thereby fixed. In rate cases, the bond shall be to reimburse all persons affected by the stay of the execution of the Commission’s decision, in any such sum as may have been collected by the public service company or private carrier during the stay period in excess of the amount provided or authorized by the Commission, in case the order or decision of the Commission were finally confirmed. The petition for stay referred to in this section shall not be granted ex parte.
History —June 28, 1962, No. 109, p. 288, § 57, eff. 90 days after June 28, 1962.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-iii/chapter-55/1269/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART III - Puerto Rico Public Service Act (§§ 1001 — 1282)›Chapter 55 - Practice and Procedure Before the Commission; Judicial Review (§§ 1251 — 1282)›§ 1269 - Intervention in Court of First Instance
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART III - Puerto Rico Public Service Act (§§ 1001 — 1282) › Chapter 55 - Practice and Procedure Before the Commission; Judicial Review (§§ 1251 — 1282) › § 1269 - Intervention in Court of First Instance
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The intervention of any person in any proceeding seeking review of a decision of the Commission shall be governed by the rules of the court, but each party to the action or proceeding before the Commission may appear in the petition for review, through the filing of an order to appear, within twenty (20) days counting from the date of the filing of the petition for review in the court.
History —June 28, 1962, No. 109, p. 288, § 58, eff. 90 days after June 28, 1962.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-iii/chapter-55/1270/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART III - Puerto Rico Public Service Act (§§ 1001 — 1282)›Chapter 55 - Practice and Procedure Before the Commission; Judicial Review (§§ 1251 — 1282)›§ 1270 - Basis for review
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART III - Puerto Rico Public Service Act (§§ 1001 — 1282) › Chapter 55 - Practice and Procedure Before the Commission; Judicial Review (§§ 1251 — 1282) › § 1270 - Basis for review
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The review shall be on the basis of the administrative record of the proceeding before the Commission and certified by the Secretary thereof. Should any of the parties convince the court that new evidence has been discovered, after the hearing before the Commission, which could not have been obtained by the exercise of reasonable diligence, for use in said hearing, and which will materially affect the merits of the case, the court may return the evidence and record to the Commission for the receipt of the subsequent evidence discovered. The Commission may modify its findings of fact as a result of the additional evidence thus introduced, and shall file with the court the new or modified findings, which, if supported by substantial evidence, shall be conclusive, as well as its recommendation, if any, for the modification of or to render ineffective the original decision. Judgments rendered by the Court of First Instance in these cases shall be reviewable by the Supreme Court of Puerto Rico.
History —June 28, 1962, No. 109, p. 288, § 59, eff. 90 days after June 28, 1962.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-iii/chapter-55/1271/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART III - Puerto Rico Public Service Act (§§ 1001 — 1282)›Chapter 55 - Practice and Procedure Before the Commission; Judicial Review (§§ 1251 — 1282)›§ 1271 - Effective date of rules and decisions
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART III - Puerto Rico Public Service Act (§§ 1001 — 1282) › Chapter 55 - Practice and Procedure Before the Commission; Judicial Review (§§ 1251 — 1282) › § 1271 - Effective date of rules and decisions
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The Commission’s decisions revoking, suspending, modifying, or cancelling authorizations, or requiring a reduction in rates, or prescribing rules, shall not take effect until after thirty (30) days from the date of issuance of such rules or decisions, except where the Commission may find that there is good cause for them to become effective sooner and sets forth said cause.
History —June 28, 1962, No. 109, p. 288, § 60, eff. 90 days after June 28, 1962.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-iii/chapter-55/1272/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART III - Puerto Rico Public Service Act (§§ 1001 — 1282)›Chapter 55 - Practice and Procedure Before the Commission; Judicial Review (§§ 1251 — 1282)›§ 1272 - Action to enforce compliance and prevent violations
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART III - Puerto Rico Public Service Act (§§ 1001 — 1282) › Chapter 55 - Practice and Procedure Before the Commission; Judicial Review (§§ 1251 — 1282) › § 1272 - Action to enforce compliance and prevent violations
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Whenever the Commission shall believe that any public service company, private carrier, or person is violating or about to violate, or will refuse to comply with any legal provision, ruling or decision of the Commission, or any final judgment rendered, the Commission may, through the Secretary of Justice, institute in the Court of First Instance, on behalf of the Commonwealth of Puerto Rico, the proper legal action to prevent such violations or to enforce compliance. This same power is granted to the Secretary of Justice for him to institute motu proprio the proper action to prevent such violations or noncompliance. The Court of First Instance is hereby vested with exclusive jurisdiction to hear and decide on such actions.
History —June 28, 1962, No. 109, p. 288, § 61, eff. 90 days after June 28, 1962.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-iii/chapter-55/1273/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART III - Puerto Rico Public Service Act (§§ 1001 — 1282)›Chapter 55 - Practice and Procedure Before the Commission; Judicial Review (§§ 1251 — 1282)›§ 1273 - Penalty for violations
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART III - Puerto Rico Public Service Act (§§ 1001 — 1282) › Chapter 55 - Practice and Procedure Before the Commission; Judicial Review (§§ 1251 — 1282) › § 1273 - Penalty for violations
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Any person, public service company, or private carrier who shall willfully violate any provision of this part, or omit, neglect or refuse to obey, observe and comply with any ruling or decision of the Commission, or fail to comply with any judgment of any court; or who shall incite or abet the violation, omission, or neglect of, or the failure or refusal to comply with, the provisions of this part, shall be guilty of a misdemeanor. If this part does not expressly provide a penalty for said offense, the same shall be punished by a fine of not less than fifty dollars ($50) nor more than one thousand dollars ($1,000), or by imprisonment for a term of not less than one (1) month nor more than twelve (12) months, or both, [at] the discretion of the court. Subsequent convictions of the same offense shall be punished by a fine of not less than one hundred dollars ($100) nor more than two thousand dollars ($2,000), or by imprisonment for a term of not less than three (3) months nor more than eighteen (18) months, or both, [at] the discretion of the court.
Any person who violates any provision of the regulations governing the carrying of gas through pipelines shall be punished by a fine which shall not exceed one thousand dollars ($1,000) for each day in which the violation prevails. However, the maximum penalty shall not exceed two hundred thousand dollars ($200,000) for any series of violations.
Action against any person, public service company, or public carrier under the provisions of this section does not bar the Commission from taking any other additional action authorized by this part.
History —June 28, 1962, No. 109, p. 288, § 62; June 23, 1969, No. 60, p. 115.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-iii/chapter-55/1274/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART III - Puerto Rico Public Service Act (§§ 1001 — 1282)›Chapter 55 - Practice and Procedure Before the Commission; Judicial Review (§§ 1251 — 1282)›§ 1274 - Additional penalty for violation of orders
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART III - Puerto Rico Public Service Act (§§ 1001 — 1282) › Chapter 55 - Practice and Procedure Before the Commission; Judicial Review (§§ 1251 — 1282) › § 1274 - Additional penalty for violation of orders
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Each day’s continuance of the violation of any ruling or decision of the Commission or any judgment of a court, shall constitute a separate and distinct offense. If any interlocutory order of supersedeas or a preliminary injunction be granted, no offense shall be incurred on account of any act, matter, or thing done in violation of any such ruling or decision of the Commission, or court judgment the object of the supersedeas or injunction, during the duration thereof.
History —June 28, 1962, No. 109, p. 288, § 63, eff. 90 days after June 28, 1962.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-iii/chapter-55/1275/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART III - Puerto Rico Public Service Act (§§ 1001 — 1282)›Chapter 55 - Practice and Procedure Before the Commission; Judicial Review (§§ 1251 — 1282)›§ 1275 - Penalty for violation with respect to stock and bonds
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART III - Puerto Rico Public Service Act (§§ 1001 — 1282) › Chapter 55 - Practice and Procedure Before the Commission; Judicial Review (§§ 1251 — 1282) › § 1275 - Penalty for violation with respect to stock and bonds
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Any officer of a public service company or private carrier who shall knowingly affix his name or attestation to any evidence of indebtedness issued by any public service company or private carrier, or abets the issue of said instruments of any public service company or private carrier, in violation of any of the provisions or requirements of this part, shall be guilty of a misdemeanor and shall be sentenced to pay a fine of not less than one hundred dollars ($100) nor more than five thousand dollars ($5,000), or to imprisonment for a term of not more than five (5) years, or both, [at] the discretion of the court. He shall also be guilty of the same offense and subject to the same penalty who shall knowingly make or abet any false statement in any certificate of notice required to be made to the Commission pursuant to ruling thereof under this part.
History —June 28, 1962, No. 109, p. 288, § 64, eff. 90 days after June 28, 1962.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-iii/chapter-55/1276/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART III - Puerto Rico Public Service Act (§§ 1001 — 1282)›Chapter 55 - Practice and Procedure Before the Commission; Judicial Review (§§ 1251 — 1282)›§ 1276 - Penalty for illegal disposition of evidences of indebtedness
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART III - Puerto Rico Public Service Act (§§ 1001 — 1282) › Chapter 55 - Practice and Procedure Before the Commission; Judicial Review (§§ 1251 — 1282) › § 1276 - Penalty for illegal disposition of evidences of indebtedness
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Any officer of a public service company or private carrier who shall knowingly dispose or permit the disposal of evidences of indebtedness or other securities, or of the whole or part of the proceeds of the sale or pledge thereof, in violation of any statement or contrary to the purpose in relation thereto or contained in any certificate of notice, shall be guilty of a misdemeanor and sentenced to pay a fine of not less than one hundred dollars ($100) nor more than five thousand dollars ($5,000), or to imprisonment for a term of five (5) years, or both, [at] the discretion of the court. He shall also be guilty of the same offense and subject to the same penalty who shall knowingly make any false statement and thereby procure or seek to procure from the Commission the making or issuing of any certificate herein provided, or make or abet any false statement in any report or account submitted to the Commission, as to the disposition of the whole or part of the proceeds of any sale or pledge of evidences of indebtedness or other securities.
History —June 28, 1962, No. 109, p. 288, § 65, eff. 90 days after June 28, 1962.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-iii/chapter-55/1277/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART III - Puerto Rico Public Service Act (§§ 1001 — 1282)›Chapter 55 - Practice and Procedure Before the Commission; Judicial Review (§§ 1251 — 1282)›§ 1277 - Liability for damages arising from violations
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART III - Puerto Rico Public Service Act (§§ 1001 — 1282) › Chapter 55 - Practice and Procedure Before the Commission; Judicial Review (§§ 1251 — 1282) › § 1277 - Liability for damages arising from violations
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Any public service company or private carrier that does or causes to be done any act, matter or thing prohibited or declared unlawful by this part, or that shall refuse, neglect or omit to do any act, matter or thing required to be done by this part, shall be liable to the person aggrieved thereby for the full amount of damages or losses sustained by the latter on account of the former’s acts or omissions. The liability of a public service company or private carrier for negligence, as established by law, shall not be held or construed to be altered or repealed by any of the provisions of this part.
History —June 28, 1962, No. 109, p. 288, § 66, eff. 90 days after June 28, 1962.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-iii/chapter-55/1278/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART III - Puerto Rico Public Service Act (§§ 1001 — 1282)›Chapter 55 - Practice and Procedure Before the Commission; Judicial Review (§§ 1251 — 1282)›§ 1278 - Fees for documents
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART III - Puerto Rico Public Service Act (§§ 1001 — 1282) › Chapter 55 - Practice and Procedure Before the Commission; Judicial Review (§§ 1251 — 1282) › § 1278 - Fees for documents
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The fees fixed by law in judicial proceedings shall apply with regard to copies of every official document, order, etc., of the Commission, and the Secretary shall collect same in internal revenue stamps which he shall affix to and cancel on every copy issued by him.
History —June 28, 1962, No. 109, p. 288, § 67, eff. 90 days after June 28, 1962.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-iii/chapter-55/1279/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART III - Puerto Rico Public Service Act (§§ 1001 — 1282)›Chapter 55 - Practice and Procedure Before the Commission; Judicial Review (§§ 1251 — 1282)›§ 1279 - Copies of documents in evidence
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART III - Puerto Rico Public Service Act (§§ 1001 — 1282) › Chapter 55 - Practice and Procedure Before the Commission; Judicial Review (§§ 1251 — 1282) › § 1279 - Copies of documents in evidence
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Copies of all documents filed or deposited according to law in the Secretariat and certified by the Secretary of the Commission shall be received in evidence in like manner and with the same effect as the originals. This shall not apply to reports on accidents.
History —June 28, 1962, No. 109, p. 288, § 68, eff. 90 days after June 28, 1962.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-iii/chapter-55/1280/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART III - Puerto Rico Public Service Act (§§ 1001 — 1282)›Chapter 55 - Practice and Procedure Before the Commission; Judicial Review (§§ 1251 — 1282)›§ 1280 - Acts prohibited
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART III - Puerto Rico Public Service Act (§§ 1001 — 1282) › Chapter 55 - Practice and Procedure Before the Commission; Judicial Review (§§ 1251 — 1282) › § 1280 - Acts prohibited
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(a) The Commissioners, the Secretary of the Commission, and all officers and employees thereof are hereby enjoined from directly or indirectly soliciting from or suggesting or recommending to any person subject to the jurisdiction of the Commission, or any officer or lawyer thereof, the appointment of any person to any office, position, post or employment. It is likewise prohibited to every person under the jurisdiction of the Commission and to all officers and lawyers of said person, to offer any Commissioner, the Secretary, or any officer or employee of the Commission, any office, position, appointment or post, or to offer or give any Commissioner, the Secretary, or any officer or employee appointed to any office by the Commission, any free pass or transportation or any rebate in fare to which the general public is not entitled, or free transportation of properties, or any gift, gratification, favor or present of any kind. If any Commissioner, the Secretary, or other person employed by the Commission, shall violate any of the provisions of this section, said person shall be removed from office. Any officer, employee or agent of the Commission who shall disclose any fact or information brought to his knowledge in the course of any inspection or examination of the property, accounts, records or documents of any person or municipality subject to the jurisdiction of the Commission, except so far as ordered by the Commission or a court or authorized by law, shall be guilty of a misdemeanor.
(b) It shall be unlawful for any person or corporation engaged in the transportation of passengers or property for pay to have any direct or indirect interest in another person or corporation in some form or another engaged in the rendering of any service of transportation of passengers or property for pay.
History —June 28, 1962, No. 109, p. 288, § 69, eff. 90 days after June 28, 1962.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-iii/chapter-55/1281/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART III - Puerto Rico Public Service Act (§§ 1001 — 1282)›Chapter 55 - Practice and Procedure Before the Commission; Judicial Review (§§ 1251 — 1282)›§ 1281 - Annual report
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART III - Puerto Rico Public Service Act (§§ 1001 — 1282) › Chapter 55 - Practice and Procedure Before the Commission; Judicial Review (§§ 1251 — 1282) › § 1281 - Annual report
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The Commission shall render an annual report to the Governor and to the Legislative Assembly.—
History —June 28, 1962, No. 109, p. 288, § 70, eff. 90 days after June 28, 1962.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-iii/chapter-55/1282/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART III - Puerto Rico Public Service Act (§§ 1001 — 1282)›Chapter 55 - Practice and Procedure Before the Commission; Judicial Review (§§ 1251 — 1282)›§ 1282 - Penalties
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART III - Puerto Rico Public Service Act (§§ 1001 — 1282) › Chapter 55 - Practice and Procedure Before the Commission; Judicial Review (§§ 1251 — 1282) › § 1282 - Penalties
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(a) Any person who sells, installs, repairs or adjusts a meter without being duly authorized to do so by the Public Service Commission shall incur a misdemeanor that shall entail a fine that shall not exceed five hundred dollars ($500), or a penalty of imprisonment that shall not exceed six (6) months, or both penalties, at the discretion of the court.
(b) Any person who alters a meter in such a manner that it reflects a different amount to be paid by the user from the one that corresponds according to the miles traveled, according to the regulations of the Public Service Commission, shall incur a misdemeanor that shall entail a fine that shall not exceed five hundred dollars ($500), or a penalty of imprisonment that shall not exceed six (6) months, or both penalties, at the discretion of the court. Also, any owner, or taxi or public vehicle operator who operates his/her vehicle with an altered meter, shall incur a misdemeanor and will be subject to the above penalty.
History —June 28, 1962, No. 109, p. 288, added as § 71 on Aug. 22, 1990, No. 50, p. 202, § 3.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-iv/chapter-71/2001/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART IV - Freight and Public Service (§§ 2001 — 2318)›Chapter 71 - Transportation or Freight of Aggregates (§§ 2001 — 2014)›§ 2001 - Declaration of public interest
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART IV - Freight and Public Service (§§ 2001 — 2318) › Chapter 71 - Transportation or Freight of Aggregates (§§ 2001 — 2014) › § 2001 - Declaration of public interest
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The transportation or aggregates freight activity on highways for commercial and industrial purposes in Puerto Rico is hereby declared, in its totality, as a public interest activity, for the purposes of attaining and preserving the desirable equilibrium which must exist between the manpower engaged in such activity and the demand or need of the aggregates for commercial and industrial purposes in Puerto Rico. The principal objectives of this chapter are to guarantee: (1) the survival of those engaged in this activity as a means of livelihood; (2) the right of the private enterprise to engage in this activity, and (3) the rendering of transportation and aggregates freight services in a sufficient and satisfactory manner to satisfy the commercial and industrial needs in Puerto Rico, all this through a reasonable regulation of the activity concerned.
History —May 16, 1972, No. 1, p. 333, § 1.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-iv/chapter-71/2002/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART IV - Freight and Public Service (§§ 2001 — 2318)›Chapter 71 - Transportation or Freight of Aggregates (§§ 2001 — 2014)›§ 2002 - Jurisdiction of Commission; definition of “aggregates”
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART IV - Freight and Public Service (§§ 2001 — 2318) › Chapter 71 - Transportation or Freight of Aggregates (§§ 2001 — 2014) › § 2002 - Jurisdiction of Commission; definition of “aggregates”
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The Puerto Rico Public Service Commission is hereby conferred jurisdiction in its totality on the transportation or aggregates freight activity on public highways for commercial and industrial purposes in Puerto Rico. For the purposes of this chapter the term “aggregates” shall mean soil, clay, mud, debris, mire, sand, asphaltic mixture, rubble or crushed stone or any other analogous material.
History —May 16, 1972, No. 1, p. 333, § 2.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-iv/chapter-71/2003/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART IV - Freight and Public Service (§§ 2001 — 2318)›Chapter 71 - Transportation or Freight of Aggregates (§§ 2001 — 2014)›§ 2003 - Permit required
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART IV - Freight and Public Service (§§ 2001 — 2318) › Chapter 71 - Transportation or Freight of Aggregates (§§ 2001 — 2014) › § 2003 - Permit required
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No person may engage in the transportation or in the freight of aggregates on public highways for commercial and industrial purposes in Puerto Rico, unless he has a permit issued by the Public Service Commission in accordance with the provisions of this chapter. For the purposes of this measure, the term “person” shall cover natural or artificial persons engaged in the regulated activity, whether as owner, manager, possessor or operator of heavy motor vehicles used to carry out said activity.
History —May 16, 1972, No. 1, p. 333, § 3.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-iv/chapter-71/2004/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART IV - Freight and Public Service (§§ 2001 — 2318)›Chapter 71 - Transportation or Freight of Aggregates (§§ 2001 — 2014)›§ 2004 - Granting or denying of permits; factors
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART IV - Freight and Public Service (§§ 2001 — 2318) › Chapter 71 - Transportation or Freight of Aggregates (§§ 2001 — 2014) › § 2004 - Granting or denying of permits; factors
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The Public Service Commission shall take into consideration, when granting or denying permits, the following factors:
(a) Number of persons engaged in such activity holding the permit required by law, classified as producing or manufacturing aggregates enterprises; or as enterprises engaged in the construction; as individual owners or public carriers.
(b) Industrial demand for the aggregates.
(c) Industrial need for transportation or freight of aggregates.
(d) Cost of transportation or freight of aggregates in Puerto Rico.
(e) Any other factor or condition that may have direct bearing on the regulated activity, as provided by regulations, in consideration with the convenience and need of the persons engaged in said activity and of the public interest.
History —May 16, 1972, No. 1, p. 333, § 4.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-iv/chapter-71/2005/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART IV - Freight and Public Service (§§ 2001 — 2318)›Chapter 71 - Transportation or Freight of Aggregates (§§ 2001 — 2014)›§ 2005 - Powers and duties of Commission
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART IV - Freight and Public Service (§§ 2001 — 2318) › Chapter 71 - Transportation or Freight of Aggregates (§§ 2001 — 2014) › § 2005 - Powers and duties of Commission
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The Commission shall have, without it being understood as a limitation, the following powers and duties:
(a) To grant and issue temporary authorizations and permits in accordance with the provisions hereinafter provided.
(b) To keep a registry of all the persons to whom temporary authorizations or permits have been granted, as the case may be, and in which there shall be stated such information as the Commission may, by regulation, deem necessary.
(c) To adopt and promulgate the necessary rules and regulations for the enforcement of this chapter, following the procedure established in § 1261 of this title.
(d) To fix any condition or requisite as it may determine necessary and advisable with respect to the rendering of the transportation or aggregates freight services and to the motor vehicle to be used.
(e) To deny, suspend or revoke the permits for the reasons and through the procedure provided in this chapter.
(f) To carry out investigations and hold public hearings in connection with the granting, denial, suspension or revocation of the permits for which it shall have the same faculties and powers conferred upon it by §§ 1001 et seq. of this title with respect to the authorizations for the public carriers.
(g) To prescribe the fees to be charged for the issuance of permits which shall not exceed three dollars ($3).
(h) To prescribe, by regulations, fair and reasonable rates for the regulated activity in those cases where applicable for the reason of there being involved the rendering of services for pay, following the procedure provided for the prescription of rates in §§ 1001 et seq. of this title.
(i) To delegate in one or more commissioners, in its employees and examiners those functions it may deem advisable in order to enforce this chapter.
History —May 16, 1972, No. 1, p. 333, § 5.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-iv/chapter-71/2006/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART IV - Freight and Public Service (§§ 2001 — 2318)›Chapter 71 - Transportation or Freight of Aggregates (§§ 2001 — 2014)›§ 2006 - Filing of application
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART IV - Freight and Public Service (§§ 2001 — 2318) › Chapter 71 - Transportation or Freight of Aggregates (§§ 2001 — 2014) › § 2006 - Filing of application
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Every permit applicant shall file an application with the Public Service Commission, in the manner or on the official blank form that the Commission shall furnish him free of charge and where he shall give and state all the information that the Commission may deem and determine necessary and advisable, by regulations, for the granting of the permit.
History —May 16, 1972, No. 1, p. 333, § 6.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-iv/chapter-71/2007/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART IV - Freight and Public Service (§§ 2001 — 2318)›Chapter 71 - Transportation or Freight of Aggregates (§§ 2001 — 2014)›§ 2007 - Transporters; compliance requirements
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART IV - Freight and Public Service (§§ 2001 — 2318) › Chapter 71 - Transportation or Freight of Aggregates (§§ 2001 — 2014) › § 2007 - Transporters; compliance requirements
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(a) Every person covered by the provisions of this chapter, duly authorized by the Commission to engage in a regulated activity, for pay, shall comply with the following requirements:
(1) To render his services when same be reasonably requested and to maintain his services, as well as the equipment, in an adequate, efficient, fair and reasonable manner, so as to guarantee the proper rendering of the services and the safety of the public in general, as well as the good condition of the public highways whereupon he travels.
(2) To render and furnish his services under the rates prescribed by the Public Service Commission.
(3) To establish, observe and enforce reasonable practices in connection with the services and the equipment which may lead to a sound competition in the regulated activity.
(4) To keep in an easily accessible place, within the vehicle used, the schedule of rates in force with respect to the transportation or freight of aggregates.
(5) To keep in an easily accessible place, within the vehicle used, the temporary authorization or the permit issued by the Commission.
(6) To furnish to the Public Service Commission information as to the areas he is covering, as well as the number of units, equipment and personnel used in the rendering of the service when required to do so and in the manner and time that the Commission may direct by regulations.
(7) Not to add or substitute units or equipment whatsoever to be used in the transportation or freight of aggregates without first obtaining approval to such effect by the Commission.
(8) To equitably distribute all the facilities among the persons requesting services without establishing unfair differences among them by reasons of the aggregates to be transported or conveyed or of the area to be covered.
(9) Any other duty or order imposed by the Commission for the purpose of attaining the objectives and ends of this chapter.
(b) Every person covered by the provisions of this chapter, duly authorized by the Puerto Rico Public Service Commission to engage in a regulated activity, for his proper use and ends, shall comply with the following requirements:
(1) To maintain the equipment in an adequate, efficient and reasonable condition as may be necessary to operate the regulated activity for the purposes of guaranteeing the safety of the general public and the good condition of the public highways whereupon he travels.
(2) To establish, observe and enforce reasonable practices in connection with the transportation or freight of aggregates that may lead to a sound competition in the regulated activity.
(3) To furnish to the Commission the areas he covers in the transportation of aggregates for his own use, as well as the number of vehicles, equipment and personnel used in said activity, when required to do so and in the manner and time that the Commission may direct by regulations. He shall, further, furnish to the Commission information as to the transportation work performed by his own units and the work performed by units belonging or operated by public carriers or independent owners for pay.
(4) Not to add or substitute units or equipment whatsoever to be used in the transportation or freight of aggregates without first having obtained approval to such effect from the Commission; Provided, however, That in case of substitution of units for others of equal capacity the permit shall be granted without requiring the proof of convenience or necessity and without further proceedings.
(5) Any other duty imposed by the Commission for the purpose of attaining the objectives and ends of this chapter.
History —May 16, 1972, No. 1, p. 333, § 7.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-iv/chapter-71/2008/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART IV - Freight and Public Service (§§ 2001 — 2318)›Chapter 71 - Transportation or Freight of Aggregates (§§ 2001 — 2014)›§ 2008 - Denial, suspension or revocation of permit
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART IV - Freight and Public Service (§§ 2001 — 2318) › Chapter 71 - Transportation or Freight of Aggregates (§§ 2001 — 2014) › § 2008 - Denial, suspension or revocation of permit
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(a) The Commission shall, upon previous notice and public hearing to the effect, deny, suspend or revoke a permit.
(b) The permit may be denied by reasons of:
(1) Knowingly offer false information in the application or in any other written declaration filed in connection with the application.
(2) Voluntarily omit any information required in the application.
(3) When the motor vehicle does not meet the conditions required by the Commission to engage in the regulated activity.
(4) When the Commission determines that it is not convenient to grant the permit for the purposes of preserving and maintaining the desired equilibrium between the number of persons engaged in such activity and the commercial and industrial needs and of the community in general with respect to the rendering of service of transportation or freight of aggregates.
(c) A permit may be suspended or revoked by reasons of:
(1) Knowingly, having offered false information in the application of the permit or in any written declaration filed in connection with the application.
(2) The voluntary or repeated omission of operating substantial service in the manner specified in the permit.
(3) The violation or voluntary noncompliance of any provision of this chapter or of the adopted regulations.
(4) The violation or noncompliance of any order of cessation or abandonment issued by the Commission under the provisions of this chapter or of the adopted regulations.
(d) The Commission shall follow and comply with the procedure provided in §§ 1001 et seq. of this title and in the regulations adopted thereunder for purposes similar to those covered by this section. Every person to whom a permit is denied, suspended or revoked under this chapter shall have all the rights and guaranties conferred by the above-mentioned §§ 1001 et seq. of this title, to the persons covered thereby, in the proceedings connected with the denial, suspension or revocation of permits or authorizations.
History —May 16, 1972, No. 1, p. 333, § 8.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-iv/chapter-71/2009/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART IV - Freight and Public Service (§§ 2001 — 2318)›Chapter 71 - Transportation or Freight of Aggregates (§§ 2001 — 2014)›§ 2009 - Excluded activities
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART IV - Freight and Public Service (§§ 2001 — 2318) › Chapter 71 - Transportation or Freight of Aggregates (§§ 2001 — 2014) › § 2009 - Excluded activities
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The transportation or freight of aggregates on public highways in heavy motor vehicles pertaining to agencies, departments, corporations and instrumentalities of the Commonwealth Government and to the municipal governments shall not be covered by the provisions of this chapter.
History —May 16, 1972, No. 1, p. 333, § 9.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-iv/chapter-71/2010/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART IV - Freight and Public Service (§§ 2001 — 2318)›Chapter 71 - Transportation or Freight of Aggregates (§§ 2001 — 2014)›§ 2010 - Supplementary provisions
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART IV - Freight and Public Service (§§ 2001 — 2318) › Chapter 71 - Transportation or Freight of Aggregates (§§ 2001 — 2014) › § 2010 - Supplementary provisions
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The provisions of §§ 1001 et seq. of this title shall be supplemental and shall apply to everything not inconsistent with or contradictory to this chapter.
History —May 16, 1972, No. 1, p. 333, § 10.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-iv/chapter-71/2011/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART IV - Freight and Public Service (§§ 2001 — 2318)›Chapter 71 - Transportation or Freight of Aggregates (§§ 2001 — 2014)›§ 2011 - Provisional authorization
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART IV - Freight and Public Service (§§ 2001 — 2318) › Chapter 71 - Transportation or Freight of Aggregates (§§ 2001 — 2014) › § 2011 - Provisional authorization
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Every person who, on the date of effectiveness of this act, is engaged in the transportation or in the freight of aggregates in heavy motor vehicles on public highways may continue operating said activity, but shall submit to the Public Service Commission, within the term of ninety (90) days following the date of effectiveness of this act, an application for a permit. The persons concerned, once the application for permit has been filed within the above set term, may continue operating said activity though said term has expired, if provided with a temporary authorization issued by the Commission. This temporary authorization shall be valid until the Commission issues the permit which shall render ineffective the temporary authorization. The Commission shall issue the temporary authorization and the permit to the persons covered by this section, without requiring proof of convenience and need, provided it is authentically shown that the applicant was engaged in the regulated activity prior to the date of effectiveness of this act.
History —May 16, 1972, No. 1, p. 333, § 11.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-iv/chapter-71/2012/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART IV - Freight and Public Service (§§ 2001 — 2318)›Chapter 71 - Transportation or Freight of Aggregates (§§ 2001 — 2014)›§ 2012 - Validity of authorization previously given
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART IV - Freight and Public Service (§§ 2001 — 2318) › Chapter 71 - Transportation or Freight of Aggregates (§§ 2001 — 2014) › § 2012 - Validity of authorization previously given
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Every person who, on the date of effectiveness of this act, is authorized by the Public Service Commission to operate as a motor vehicle freight transportation enterprise and is engaged in the transportation or freight of aggregates for pay shall continue operating as such until the expiration of its authorization and subject to the provisions of §§ 1001 et seq. of this title. Upon expiration of his authorization, said concessionary shall apply for a permit from the Commission in accordance with the provisions of this chapter, and shall be subject to the provisions of this chapter. This shall not affect nor estop the continuance of any proceedings initiated under the provisions of §§ 1001 et seq. of this title, in connection with said concessionary until its final resolution.
History —May 16, 1972, No. 1, p. 333, § 12.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-iv/chapter-71/2013/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART IV - Freight and Public Service (§§ 2001 — 2318)›Chapter 71 - Transportation or Freight of Aggregates (§§ 2001 — 2014)›§ 2013 - Penalties
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART IV - Freight and Public Service (§§ 2001 — 2318) › Chapter 71 - Transportation or Freight of Aggregates (§§ 2001 — 2014) › § 2013 - Penalties
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After ninety (90) days from the date of effectiveness of this act, every person engaged in the activity of transportation or freighting of aggregates on public highways for industrial or commercial purposes in Puerto Rico, without being provided with a temporary authorization or permit, as the case may be, or who violates any provision of this chapter or of the regulations adopted thereunder or who omits, neglects or refuses to obey, observe and comply with any order or decision of the Commission prescribed under this chapter and under the provisions thereof, shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than one thousand dollars ($1,000) or imprisonment in jail for a term of not more than three months or both penalties in the discretion of the court.
History —May 16, 1972, No. 1, p. 333, § 13.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-iv/chapter-71/2014/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART IV - Freight and Public Service (§§ 2001 — 2318)›Chapter 71 - Transportation or Freight of Aggregates (§§ 2001 — 2014)›§ 2014 - Special temporary authorization
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART IV - Freight and Public Service (§§ 2001 — 2318) › Chapter 71 - Transportation or Freight of Aggregates (§§ 2001 — 2014) › § 2014 - Special temporary authorization
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The Commission shall be empowered to issue, without a hearing, a special temporary authorization for a term of not more than thirty (30) days to any person who files an application before the Commission for the purposes of authorizing him to carry out the transportation or freight of aggregates under specific situations and conditions in which the granting is justified and which shall, by regulations, be determined by the Commission. Said special authorization shall not be issued for more than two consecutive times.
History —May 16, 1972, No. 1, p. 333, § 15.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-iv/chapter-73/2051/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART IV - Freight and Public Service (§§ 2001 — 2318)›Chapter 73 - Taxicabs and Other Vehicles (§§ 2051 — 2063)›§ 2051 - Medallion—Description; fees
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART IV - Freight and Public Service (§§ 2001 — 2318) › Chapter 73 - Taxicabs and Other Vehicles (§§ 2051 — 2063) › § 2051 - Medallion—Description; fees
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(a) Any natural or juridical person to whom the Public Service Commission issues or has issued an authorization, franchise or license to operate a vehicle or public vehicle enterprise, distributors of gas oil or a motor vehicle devoted to the transportation of purchased goods (shopping car), and of passengers as an activity that is incidental to the main service, a motor vehicle engaged in the transportation of students, a motor vehicle engaged in the towing of other vehicles (tow truck), a motor vehicle engaged in hauling of general freight and a motor vehicle wholly engaged in the transportation or hauling of aggregates for industrial or commercial purposes or any person engaged in said activity, as these two (2) terms are defined in §§ 2001 et seq. of this title, may request from the Commission the granting of a medallion in representation of said authorization or franchise.
What has been established in this subsection and subsequently in this chapter shall prevail over what could be incompatible herewith, and with regard to public vehicles or heavy motor vehicles that are their owner’s working tools, as this term is defined in Section 1-109 of Act No. 141 of July 20, 1960, as amended, and over what is established by subsection (4a) of § 1130 of Title 32, that refers to properties exempted from attachment.
(b) The medallion shall consist of a certificate on which the official seal of the Commission shall be embossed, the franchise number it represents, and the date of issue thereof and any other information deemed necessary for its optimum use as a negotiable document.
(c) Under no circumstance shall the franchise number or the date of issue that are embossed on the face of the medallion certificate [be] mutilate[d] in such a way that the number and date are undistinguishable.
(d) Every application shall include fifty dollars ($50) in cash, postal money order or certified check.
History —June 8, 1972, No. 7, p. 353, § 1; June 11, 1976, No. 3, p. 652, § 2; June 13, 1977, No. 61, p. 157, § 1; June 28, 1978, No. 83, p. 266, § 1; July 12, 1979, No. 92, p. 231, § 1; Dec. 8, 1990, No. 31, p. 1533, § 1; July 28, 1998, No. 181, § 1; Dec. 19, 2002, No. 282, § 71, eff. 180 days after Dec. 19, 2002.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-iv/chapter-73/2052/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART IV - Freight and Public Service (§§ 2001 — 2318)›Chapter 73 - Taxicabs and Other Vehicles (§§ 2051 — 2063)›§ 2052 - Medallion—Alienation or encumbrance
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART IV - Freight and Public Service (§§ 2001 — 2318) › Chapter 73 - Taxicabs and Other Vehicles (§§ 2051 — 2063) › § 2052 - Medallion—Alienation or encumbrance
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The medallion thus granted may be transferred or encumbered upon prior authorization of the Public Service Commission and only by the holder thereof or an acquirer by purchase or transfer previously declared eligible by the Commission. In no case shall the Commission authorize more than three (3) lien transactions annually, which in any case shall not have a monetary limit when the purpose to request them is to repair a motor vehicle.
When the purpose behind the lien transaction is to finance the acquisition of the medallion by a person previously declared eligible by the Commission or to replace the motor vehicle used to provide the service, the Commission may authorize lien transactions which shall not exceed the amounts stated below:
(a) Twenty thousand dollars ($25,000) [sic] for financing the acquisition of the medallion.
(b) Sixty thousand dollars ($60,000) in the case of public vehicles devoted to the transportation of passengers for pay, shopping cars, and motor vehicles devoted to the transportation of students.
(c) Sixty thousand dollars ($60,000) in the case of taxicabs and tow trucks.
(d) Sixty thousand dollars ($60,000) in the case of motor vehicles devoted to the transportation of aggregates; general freight in vans, and gas oil distributors.
The vehicles thus acquired must be within the five (5) leading models in the Island’s market.
In no case shall the Commission authorize more than one (1) lien transaction for the acquisition of a vehicle in a period of two (2) calendar years.
The applicant shall be bound to furnish the Commission attesting evidence, such as purchase or repair bills, which proves that the money obtained through the lien has been used for the purposes for which it was requested.
History —June 8, 1972, No. 7, p. 353, § 2; June 11, 1976, No. 3, p. 652, § 3; Dec. 8, 1990, No. 31, p. 1533, § 2; Jan. 2, 1996, No. 1, § 1; July 28, 1998, No. 181, § 2; Dec. 19, 2002, No. 282, § 72; Feb. 1, 2007, No. 2, § 1.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-iv/chapter-73/2053/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART IV - Freight and Public Service (§§ 2001 — 2318)›Chapter 73 - Taxicabs and Other Vehicles (§§ 2051 — 2063)›§ 2053 - Medallion—Requirements for alienation
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART IV - Freight and Public Service (§§ 2001 — 2318) › Chapter 73 - Taxicabs and Other Vehicles (§§ 2051 — 2063) › § 2053 - Medallion—Requirements for alienation
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The Commission shall not authorize the alienation or the encumbrance of a medallion unless satisfactory proof is furnished that it shall not be in prejudice of the public service. No transaction shall impair the right of the holder to exercise the activity permitted by the authorization or franchise.
History —June 8, 1972, No. 7, p. 353, § 3.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-iv/chapter-73/2054/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART IV - Freight and Public Service (§§ 2001 — 2318)›Chapter 73 - Taxicabs and Other Vehicles (§§ 2051 — 2063)›§ 2054 - Registry of eligibles and medallions
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART IV - Freight and Public Service (§§ 2001 — 2318) › Chapter 73 - Taxicabs and Other Vehicles (§§ 2051 — 2063) › § 2054 - Registry of eligibles and medallions
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The Commission shall prepare a registry of eligibles wherein shall be set down in strict order of presentation the names and pertinent data of all applicants for authorizations to operate a motor vehicle engaged in the transportation of purchased goods and passengers as an activity that is incidental to the main service, a motor vehicle engaged in the transportation of students, a motor vehicle engaged in hauling general freight and a motor vehicle wholly engaged in the transportation or hauling of aggregates for industrial or commercial purposes or any person engaged in such activity, as these two (2) terms are defined in §§ 2001—2014 of this title, that qualify therefor.
It shall, likewise, prepare a registry of the medallions granted, which shall reflect, with exactness, all the transactions made on said medallions under the provisions of this chapter, including the cancellation or settlement of those transactions at their termination.
It shall be the duty of every holder of a medallion to notify the Commission of the cancellation or settlement of any lien transaction made with his/her medallion within thirty (30) days after having made the cancellation or the settlement.
The registry of eligibles and the registry of medallions shall be available for inspections by the holders, as well as by interested parties, or those who could be affected by any transaction in which a medallion is the object. By petition by any of the persons mentioned herein, the Commission may issue a certificate as to the contents of the registration of a medallion. The applicant shall pay ten dollars ($10) in cash, money order or certified check for each certification.
History —June 8, 1972, No. 7, p. 353, § 4; June 11, 1976, No. 3, p. 652, § 4; June 13, 1977, No. 61, p. 127, § 2; June 28, 1978, No. 83, p. 266, § 2; July 12, 1979, No. 92, p. 231, § 2; Dec. 8, 1990, No. 31, p. 1533, § 3; Dec. 19, 2002, No. 282, § 73, eff. 180 days after Dec. 19, 2002.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-iv/chapter-73/2055/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART IV - Freight and Public Service (§§ 2001 — 2318)›Chapter 73 - Taxicabs and Other Vehicles (§§ 2051 — 2063)›§ 2055 - Nullity of transactions
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART IV - Freight and Public Service (§§ 2001 — 2318) › Chapter 73 - Taxicabs and Other Vehicles (§§ 2051 — 2063) › § 2055 - Nullity of transactions
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Any alienation or lien transaction of a medallion made without the prior authorization of the Commission shall be null and void.
(a) The determination of nullity shall entail the cancellation of the franchise or authorization that the medallion represents, and the latter shall be returned immediately to the Commission.
(b) The holder of a medallion who alienates or encumbers it without the previous authorization of the Commission shall be ineligible to obtain a new franchise or authorization for a term of five (5) years reckoned from the date of the determination of nullity.
(c) The natural person who has made a lien or alienation transaction on a medallion without the previous approval of the Commission shall be in like manner withdrawn from the registry of eligibles. If his name is not recorded in such registry, he shall be ineligible to be included therein, in either of these two (2) cases, for a term of five (5) years reckoned from the date of the determination of nullity.
(d) In case the creditor is a private person or a bank, financial institution or a natural or juridical person engaged in the operation of a loan business, the determination of nullity shall entail the imposition of an administrative fine of ten thousand dollars ($10,000).
History —June 8, 1972, No. 7, p. 353, § 5; Dec. 8, 1990, No. 31, p. 1533, § 4, eff. 60 days after Dec. 8, 1990.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-iv/chapter-73/2056/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART IV - Freight and Public Service (§§ 2001 — 2318)›Chapter 73 - Taxicabs and Other Vehicles (§§ 2051 — 2063)›§ 2056 - Auction of medallion; proceeding
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART IV - Freight and Public Service (§§ 2001 — 2318) › Chapter 73 - Taxicabs and Other Vehicles (§§ 2051 — 2063) › § 2056 - Auction of medallion; proceeding
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In case a medallion is burdened and the holder cannot satisfy the obligation contracted, the creditor may place the medallion in public auction, upon previous notice by certified mail with acknowledgment of receipt to the holder and to the Commission not less than forty-five (45) days in advance of the date in which the auction is held.
The Commission, within fifteen (15) days following the receipt of the creditor’s notice, shall proceed to investigate if among the first twenty (20) persons recorded in the registry of eligibles, regardless of the order in which they appear, there is any person who can assume the burden of the liens encumbering the medallion.
Should an eligible person appear, the Commission shall take the necessary steps for the conveyance of the medallion and the settlement of the lien. It shall, likewise, enter the conveyance in the registry of medallions in the name of the new holder.
If no eligible person appears after performing the above-mentioned steps, the Commission shall notify the creditor of such fact and shall send at least twenty (20) days in advance of the date of the auction, a true copy of the registry of eligibles and a certification of the status of the medallion to be auctioned, as appears in the registry of medallions. If in the registry of medallions there have been recorded other lien transactions at variance with those which caused the auction and there is no recording of its cancellation or settlement, the creditor shall notify the other creditors of the date and other circumstances of the auction. If there are various creditors for the same medallion, the auction may be initiated only by the creditor who has in his favor the most extortionate credit and in default thereof the most ancient [sic] credit. Likewise the creditor who initiates the auction shall proceed to publish, on his own, two edicts giving notice of the auction which shall be published once a week during two consecutive weeks in a newspaper of general circulation in Puerto Rico.
At the auction there shall be present an authorized representative of the Commission who shall direct same and shall receive and hold in custody the moneys derived from the auction and deliver to the creditors the sums corresponding thereto.
The medallion shall be offered at the auction only for the total amount of the obligation or obligations for which it was burdened and may be awarded only in favor of one of the persons included in the registry of eligibles, regardless of the order in which they appear in same. In case there is no award at the first auction, the medallion may be auctioned two (2) times more, following in each occasion the mentioned service and notice proceeding. In case none of the persons included in the registry of eligibles appear at the third auction or, on having appeared, have not been able to satisfy the amount of the auction, the representative of the Commission shall authorize the award of the medallion to the highest bidder. After the auction has finally been awarded, the representative of the Commission who was in charge of same, shall draw a memorandum which shall contain the most significant particulars of the auction. This memorandum shall become a part of the registry of medallions in the record appertaining to the medallion awarded.
The Commission shall proceed to cancel in said registry the name of the original holder and shall enter therein the name and other particulars of the new holder, who shall have the same rights, duties and obligations with respect to the medallion by the original holder.
The original holder of a medallion auctioned or awarded by the Commission as herein stated shall become disqualified to obtain a new authorization or franchise and corresponding medallion for a term of five (5) years to be reckoned from the date of the award.
History —June 8, 1972, No. 7, p. 353, § 6.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-iv/chapter-73/2057/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART IV - Freight and Public Service (§§ 2001 — 2318)›Chapter 73 - Taxicabs and Other Vehicles (§§ 2051 — 2063)›§ 2057 - Robbery, larceny, loss, destruction or mutilation
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART IV - Freight and Public Service (§§ 2001 — 2318) › Chapter 73 - Taxicabs and Other Vehicles (§§ 2051 — 2063) › § 2057 - Robbery, larceny, loss, destruction or mutilation
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(a) In case of robbery, larceny, loss or destruction of a medallion, its holder shall, within the following twenty-four (24) hours notify the Commission of such happening. Such notice shall be made by sworn declaration in which the holder shall state the circumstances in which the medallion was stolen, lost or destroyed, as well as the names of witnesses and any other information that the Commission may require for the transaction of the case. The Commission shall forthwith proceed to enter this fact in the registry of medallions and shall not allow any transaction on the medallion within the following twenty (20) days. If after said lapse of time the medallion is not recovered, its holder may ask the Commission to issue a new medallion. The Commission shall, after having verified that the holder has made every kind of effort to recover the medallion, issue a duplicate thereof.
(b) In the event of an involuntary mutilation of a medallion, there shall be followed the same transaction of notice and investigation as above-stated for the cases of robbery, loss or destruction, except that the Commission shall not issue a new medallion, but shall substitute the mutilated one with another medallion bearing the same number and date of the original.
(c) In any of the cases stated herein, the holder shall pay the sum of fifty dollars ($50) in cash, postal money order or certified check to the Commission.
History —June 8, 1972, No. 7, p. 353, § 7; Dec. 8, 1990, No. 31, p. 1533, § 5, eff. 60 days after Dec. 8, 1990.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-iv/chapter-73/2058/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART IV - Freight and Public Service (§§ 2001 — 2318)›Chapter 73 - Taxicabs and Other Vehicles (§§ 2051 — 2063)›§ 2058 - Death or disability of holder
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART IV - Freight and Public Service (§§ 2001 — 2318) › Chapter 73 - Taxicabs and Other Vehicles (§§ 2051 — 2063) › § 2058 - Death or disability of holder
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(a) If a holder dies or becomes temporarily or permanently disabled, his heirs or minor dependents and the wife or woman who has maritally cohabitated with the holder at the time of his death or disability, may request from the Commission to lease the medallion to one of the persons included in the registry of eligibles.
(b) The Commission shall fix a reasonable rental for the lease, based upon the average income that the holder was obtaining at the time of his death or disability from the operation of a public vehicle or public vehicle enterprise, motor vehicle engaged in the transportation of purchased goods and passengers as an activity that is incidental to the main service, a motor vehicle engaged in the transportation of students, a motor vehicle engaged in hauling general freight and a motor vehicle wholly engaged in the transportation or hauling of aggregates for industrial or commercial purposes or any person engaged in such activity, as these two terms are defined in §§ 2001—2014 of this title.
(c) The term of the lease shall not exceed five (5) years, after which, the Commission may award the medallion to the lessee, upon the latter’s application, and with the approval of the disabled holder or his heirs or dependents. This new acquirer shall be responsible for the cancellation or balance of any obligation which may weigh upon the medallion.
(d) The heirs or dependents of a holder shall have the same responsibilities, duties and rights on the medallion hereby imposed and granted upon the holder.
History —June 8, 1972, No. 7, p. 353, § 8; June 11, 1976, No. 3, p. 652, § 5; June 13, 1977, No. 61, p. 127, § 3; June 28, 1978, No. 83, p. 266, § 3; July 12, 1979, No. 92, p. 231, § 3; Dec. 19, 2002, No. 282, § 74, eff. 180 days after Dec. 19, 2002.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-iv/chapter-73/2059/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART IV - Freight and Public Service (§§ 2001 — 2318)›Chapter 73 - Taxicabs and Other Vehicles (§§ 2051 — 2063)›§ 2059 - Duties and powers of Commission
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART IV - Freight and Public Service (§§ 2001 — 2318) › Chapter 73 - Taxicabs and Other Vehicles (§§ 2051 — 2063) › § 2059 - Duties and powers of Commission
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In the exercise of the duties and powers hereby imposed and conferred upon the Commission, the latter may hold public hearings, summon witnesses, issue orders, resolutions and decisions and carry out any other function of quasi-judicial nature that may be necessary to implement the provisions of this chapter, pursuant to the proceedings that the Commission is empowered to carry out under §§ 1001 et seq. of this title.
History —June 8, 1972, No. 7, p. 353, § 9.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-iv/chapter-73/2060/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART IV - Freight and Public Service (§§ 2001 — 2318)›Chapter 73 - Taxicabs and Other Vehicles (§§ 2051 — 2063)›§ 2060 - Rules and regulations
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART IV - Freight and Public Service (§§ 2001 — 2318) › Chapter 73 - Taxicabs and Other Vehicles (§§ 2051 — 2063) › § 2060 - Rules and regulations
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The Commission shall adopt the rules and regulations that may be necessary for the implementation of this chapter. Said regulations shall take effect once all the applicable provisions of §§ 2101 et seq. of Title 3, known as the “Uniform Administrative Procedures Act”, have been met.
Likewise, the Commission shall revise and amend its regulations in force to adjust them to the provisions of this chapter.
History —June 8, 1972, No. 7, p. 353, § 10; Dec. 8, 1990, No. 31, p. 1533, § 6, eff. 60 days after Dec. 8, 1990.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-iv/chapter-73/2061/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART IV - Freight and Public Service (§§ 2001 — 2318)›Chapter 73 - Taxicabs and Other Vehicles (§§ 2051 — 2063)›§ 2061 - Writs
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART IV - Freight and Public Service (§§ 2001 — 2318) › Chapter 73 - Taxicabs and Other Vehicles (§§ 2051 — 2063) › § 2061 - Writs
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Any writ of administrative or judicial revision of the orders and resolutions issued by the Commission in the exercise of the powers conferred by this chapter shall be governed by the provisions of this matter contained in §§ 1001 et seq. of this title.
History —June 8, 1972, No. 7, p. 353, § 11.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-iv/chapter-73/2062/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART IV - Freight and Public Service (§§ 2001 — 2318)›Chapter 73 - Taxicabs and Other Vehicles (§§ 2051 — 2063)›§ 2062 - Penalties
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART IV - Freight and Public Service (§§ 2001 — 2318) › Chapter 73 - Taxicabs and Other Vehicles (§§ 2051 — 2063) › § 2062 - Penalties
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Any violation of the provisions of this chapter shall constitute a misdemeanor punishable by a fine of not more than five hundred dollars ($500) or by imprisonment in jail for a term which shall not exceed six (6) months or both penalties in the discretion of the court.
History —June 8, 1972, No. 7, p. 353, § 12.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-iv/chapter-75/2101/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART IV - Freight and Public Service (§§ 2001 — 2318)›Chapter 75 - Ambulance Service (§§ 2101 — 2111)›§ 2101 - Regulation by Public Service Commission
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART IV - Freight and Public Service (§§ 2001 — 2318) › Chapter 75 - Ambulance Service (§§ 2101 — 2111) › § 2101 - Regulation by Public Service Commission
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The Ambulance Service in Puerto Rico is a service involving the public interest, and therefore the Public Service Commission should regulate everything concerning the same.
History —July 23, 1974, No. 225, Part 2, p. 168, § 1, eff. 30 days after July 23, 1974.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-iv/chapter-75/2102/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART IV - Freight and Public Service (§§ 2001 — 2318)›Chapter 75 - Ambulance Service (§§ 2101 — 2111)›§ 2102 - Definitions
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART IV - Freight and Public Service (§§ 2001 — 2318) › Chapter 75 - Ambulance Service (§§ 2101 — 2111) › § 2102 - Definitions
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The following terms as used in this chapter shall have the meaning hereinbelow expressed:
(a) Person.— Means any natural or juridical person, including agencies, public corporations and political subdivisions of the Commonwealth of Puerto Rico and its instrumentalities.
(b) Ambulance.— Means a private or public motor vehicle, especially designed, constructed or modified and equipped to be used within the Commonwealth of Puerto Rico in the transportation of sick or injured, wounded, disabled, incapacitated or invalid persons. Said transportation may be by air, land or sea, operated for pay or free.
Ambulances offering land service shall be classified in the following categories:
Category I.—Ambulance devoted to the transportation of patients not of emergency, and who therefore do not require to be carried in stretchers nor require immediate medical care. This ambulance may be of the bus or station wagon type, and shall be equipped with a first aid kit. To operate this type of ambulance there shall only be required an ambulance chauffeur, who should hold a certificate showing that he has passed a first aid course approved by the Secretary of Health.
Category II.—Ambulance devoted to the transportation of sick, injured, wounded, disabled, incapacitated or invalid persons. Same should have a revolving or intermittent visible red light, and shall be equipped with a siren, radiotelephone and a first aid kit. Said ambulances shall be operated by an ambulance chauffeur and an ambulance attendant, and shall, further, meet all other requirements that through regulations to such effect the Secretary of Health may establish.
Category III.—Besides meeting all requirements established in Category II, ambulances of this category shall be specially designed, constructed and outfitted with a mobile emergency room. Said ambulances shall be operated by medical emergency technicians authorized by the Secretary of Health. The categories for the air and maritime ambulance service shall be regulated as the need and convenience for such services may arise in the future.
(c) Ambulance services.— Shall mean those services rendered in the transportation of wounded, injured, sick, disabled, invalid and incapacitated persons in a vehicle devoted to such purpose.
(d) Medical emergency.— Means the health condition of a person who in an unforeseeable manner needs immediate medical care or first aid assistance as soon as possible, to preserve his health.
(e) Ambulance chauffeur.— Means any person to whom the Public Service Commission issues authorization to drive ambulances. To grant said authorization the Public Service Commission shall require a chauffeur’s license or a heavy motor driver’s license issued by the Department of Transportation and Public Works, as said terms are defined in §§ 5001 et seq. of Title 9, and a certificate of the Department of Health attesting that such person has passed a first aid course. This certificate shall not be required when the chauffeur is accompanied by medical or paramedical personnel qualified to give first aid treatment.
(f) Ambulance attendant.— Means any person trained in first aid by the Department of Health to take care of a patient at the spot where the emergency occurs and during transportation in the ambulance, and who holds a certificate for such purposes issued by the Department of Health.
(g) Medical emergency technician.— Means any person authorized by the Secretary of Health through a license issued under the provisions of Act No. 46, approved May 30, 1972, for the practice of emergency technique in Puerto Rico and who, further, holds a chauffeur’s license issued by the Department of Transportation and Public Works, and an authorization from the Public Service Commission.
(h) Commission.— Public Service Commission.
(i) Secretary.— Secretary of Health of the Commonwealth of Puerto Rico.
History —July 23, 1974, No. 225, Part 2, p. 168, § 2; June 7, 1977, No. 39, p. 86.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-iv/chapter-75/2103/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART IV - Freight and Public Service (§§ 2001 — 2318)›Chapter 75 - Ambulance Service (§§ 2101 — 2111)›§ 2103 - Operation of service without liability insurance or license prohibited
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART IV - Freight and Public Service (§§ 2001 — 2318) › Chapter 75 - Ambulance Service (§§ 2101 — 2111) › § 2103 - Operation of service without liability insurance or license prohibited
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No natural or juridical person may establish and operate in Puerto Rico ambulance services as defined by this chapter, without having a liability insurance and an authorization or a license issued by the Public Service Commission, upon previous endorsement by the Secretary of Health, pursuant to the provisions of this chapter and of the regulations prescribed hereunder.
History —July 23, 1974, No. 225, Part 2, p. 168, § 3, eff. 30 days after July 23, 1974.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-iv/chapter-75/2104/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART IV - Freight and Public Service (§§ 2001 — 2318)›Chapter 75 - Ambulance Service (§§ 2101 — 2111)›§ 2104 - Application for authorization to operate service
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART IV - Freight and Public Service (§§ 2001 — 2318) › Chapter 75 - Ambulance Service (§§ 2101 — 2111) › § 2104 - Application for authorization to operate service
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Any person who has established and operates or who intends to establish and operate in the future ambulance services shall file in writing before the Public Service Commission an application for authorization to operate such services. The latter shall notify and send copy of said application to the Department of Health. Applications for authorization shall be made on printed forms that the Public Service Commission shall furnish. The authorization granted under this chapter shall be personal and nontransferable and shall authorize the operation of ambulance services only under the conditions established in the regulations prescribed under this chapter. In addition to said authorization, the Commission shall grant a license for the term of one year which license may be renewed annually upon previous inspection and endorsement by the Department of Health.
The Public Service Commission may deny, suspend or cancel any authorization or license mentioned herein, pursuant to the provisions of the Puerto Rico Public Service Act, §§ 1001 et seq. of this title, and the regulations applicable. The Secretary of Health shall, within a reasonable term not to exceed thirty (30) days reckoning from the receipt of the Commission’s decision, submit to the Commission its recommendations with regard to said license applicants.
History —July 23, 1974, No. 225, Part 2, p. 168, § 4, eff. 30 days after July 23, 1974.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-iv/chapter-75/2105/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART IV - Freight and Public Service (§§ 2001 — 2318)›Chapter 75 - Ambulance Service (§§ 2101 — 2111)›§ 2105 - Regulations
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART IV - Freight and Public Service (§§ 2001 — 2318) › Chapter 75 - Ambulance Service (§§ 2101 — 2111) › § 2105 - Regulations
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The Public Service Commission, upon previous endorsement from the Secretary of Health, is hereby authorized to promulgate regulations governing the operation of ambulance services, the collection of the pertinent fees for the different types of licenses under its jurisdiction, and the fees to be charged in the different categories of ambulances herein indicated, distinguishing, for the establishment of said fees, the various services and facilities offered. The regulations promulgated by virtue of this provision shall establish the qualifications that must be met by the personnel in charge of rendering ambulance services, the minimum operation requirements of the establishments, as well as the records that must be kept, and everything referring to the procedure for the granting, renewal, suspension, denial and cancellation of licenses. Before approving, amending or repealing any rule or regulation, the Public Service Commission shall cause to be published notice to such effect thrice in two (2) newspapers of general circulation during a four-week period and shall hold public hearings where it shall afford to the persons concerned the opportunity to submit their viewpoints. The rules and regulations approved shall, in order to become effective, meet the requirements established in §§ 2101 et seq. of Title 3.
History —July 23, 1974, No. 225, Part 2, p. 168, § 5, eff. 30 days after July 23, 1974.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-iv/chapter-75/2106/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART IV - Freight and Public Service (§§ 2001 — 2318)›Chapter 75 - Ambulance Service (§§ 2101 — 2111)›§ 2106 - Inspections and investigations
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART IV - Freight and Public Service (§§ 2001 — 2318) › Chapter 75 - Ambulance Service (§§ 2101 — 2111) › § 2106 - Inspections and investigations
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The Public Service Commission and the Secretary of Health are hereby empowered to make the inspections and investigations they may deem necessary to the ambulance services established and operating in Puerto Rico. These inspections shall be made coordinately by the Public Service Commission and the Secretary of Health. The Commission shall be responsible for the inspection of the mechanical parts of the vehicle, and the Department of Health for all the fittings and special equipment specified in Categories I, II and III of § 2102(b) of this title. Before granting any authorization or license for those covered by this chapter, the Secretary of Health shall inspect the ambulance services to be established for the purpose of determining whether they meet the requirements established in this chapter and in the regulations promulgated hereunder, and the Public Service Commission shall not grant any authorization, license, permit or certificate of public convenience and necessity without having first obtained the endorsement of the Secretary of Health.
History —July 23, 1974, No. 225, Part 2, p. 168, § 6, eff. 30 days after July 23, 1974.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-iv/chapter-75/2107/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART IV - Freight and Public Service (§§ 2001 — 2318)›Chapter 75 - Ambulance Service (§§ 2101 — 2111)›§ 2107 - Effectiveness
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART IV - Freight and Public Service (§§ 2001 — 2318) › Chapter 75 - Ambulance Service (§§ 2101 — 2111) › § 2107 - Effectiveness
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Ambulance services in operation at the time this act takes effect shall abide by its provisions within the term of one year from its effectiveness; Provided, That the municipalities shall be covered by the provisions of this act from the second year of its effectiveness.
History —July 23, 1974, No. 225, Part 2, p. 168, § 7, eff. 30 days after July 23, 1974.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-iv/chapter-75/2108/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART IV - Freight and Public Service (§§ 2001 — 2318)›Chapter 75 - Ambulance Service (§§ 2101 — 2111)›§ 2108 - Violations, penalty
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART IV - Freight and Public Service (§§ 2001 — 2318) › Chapter 75 - Ambulance Service (§§ 2101 — 2111) › § 2108 - Violations, penalty
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Any person who establishes, works, administers, or operates an ambulance service without the authorization or license referred to in this chapter, or who poses as an ambulance driver, an ambulance attendant, or an emergency technician without having the proper authorization or license issued by the Secretary of Health or the Public Service Commission, and any person who violates any of the provisions hereof or of the regulations or orders issued by the Public Service Commission and the Secretary of Health hereunder, shall be guilty of a misdemeanor and upon than five hundred dollars ($500).
In addition to the foregoing, any ambulance driver who unlawfully or without their being a medical emergency activates the whistles, sirens of any kind, or bells installed in the ambulance shall be subject to the suspension of his/her authorization to drive ambulances issued by the Commission for a term of thirty (30) calendar days for the first infraction. In the event of a second infraction, the Public Service Commission may, in its discretion, revoke such authorization permanently.
The penalties provided for herein shall be additional to any other applicable punishment under the provisions of §§ 5001 et seq. of Title 9, known as the “Puerto Rico Vehicle and Traffic Act”, and any other existing law or regulation.”
History —July 23, 1974, No. 225, Part 2, p. 168, § 8; Dec. 7, 2010, No. 187, § 1.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-iv/chapter-75/2109/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART IV - Freight and Public Service (§§ 2001 — 2318)›Chapter 75 - Ambulance Service (§§ 2101 — 2111)›§ 2109 - Injunction
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART IV - Freight and Public Service (§§ 2001 — 2318) › Chapter 75 - Ambulance Service (§§ 2101 — 2111) › § 2109 - Injunction
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Without impairment of any other remedy in law that may be established, the Public Service Commission may, in accordance with the legal provisions applicable and through the Secretary of Justice, file a petition for injunction or any other adequate action authorized by law, in behalf of the Commonwealth of Puerto Rico, against any person, to prevent the establishment or operation of an ambulance service without the corresponding authorization or license issued in accordance with the provisions of this chapter.
History —July 23, 1974, No. 225, Part 2, p. 168, § 9, eff. 30 days after July 23, 1974.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-iv/chapter-75/2110/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART IV - Freight and Public Service (§§ 2001 — 2318)›Chapter 75 - Ambulance Service (§§ 2101 — 2111)›§ 2110 - Emblems
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART IV - Freight and Public Service (§§ 2001 — 2318) › Chapter 75 - Ambulance Service (§§ 2101 — 2111) › § 2110 - Emblems
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Every ambulance on duty in the Commonwealth of Puerto Rico shall bear the emblem and any other requirement that the Public Service Commission may establish by regulation in accordance with the recommendations of the federal traffic safety agency.
History —July 23, 1974, No. 225, Part 2, p. 168, § 10, eff. 30 days after July 23, 1974.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-iv/chapter-75/2111/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART IV - Freight and Public Service (§§ 2001 — 2318)›Chapter 75 - Ambulance Service (§§ 2101 — 2111)›§ 2111 - Emergencies, use of any motor vehicle
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART IV - Freight and Public Service (§§ 2001 — 2318) › Chapter 75 - Ambulance Service (§§ 2101 — 2111) › § 2111 - Emergencies, use of any motor vehicle
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Nothing provided herein shall be construed in the sense of prohibiting the use of any motor vehicle available at the place of the accident to carry the injured persons when the emergency so requires.
History —July 23, 1974, No. 225, Part 2, p. 168, § 11, eff. 30 days after July 23, 1974.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-iv/chapter-77/2151/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART IV - Freight and Public Service (§§ 2001 — 2318)›Chapter 77 - Public Service Easements (§§ 2151 — 2155)›§ 2151 - Legal easements
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART IV - Freight and Public Service (§§ 2001 — 2318) › Chapter 77 - Public Service Easements (§§ 2151 — 2155) › § 2151 - Legal easements
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It is hereby established that public service easements for aerial, surface, or underground electric power lines and telephone lines, the supply of all types of cable telecommunications and television services, and aqueduct and storm and sanitary sewage system installations, including equipment, structures and accessories thereof are legal, apparent and continuous easements.
History —July 20, 1979, No. 143, p. 336, § 1; Aug. 26, 2005, No. 101, § 2; Aug. 3, 2006, No. 146, § 1.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-iv/chapter-77/2152/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART IV - Freight and Public Service (§§ 2001 — 2318)›Chapter 77 - Public Service Easements (§§ 2151 — 2155)›§ 2152 - Legal easements—Acquisition
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART IV - Freight and Public Service (§§ 2001 — 2318) › Chapter 77 - Public Service Easements (§§ 2151 — 2155) › § 2152 - Legal easements—Acquisition
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The legal easements referred to in § 2151 of this title may be acquired by any legal means of acquiring property, by virtue of a private or public document, or by a 20-year acquisitive prescription, or through eminent domain procedures. These easements shall be ruled by the general provisions on continuous and apparent easements included in the Civil Code of Puerto Rico, as amended.
History —July 20, 1979, No. 143, p. 336, § 2.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-iv/chapter-77/2153/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART IV - Freight and Public Service (§§ 2001 — 2318)›Chapter 77 - Public Service Easements (§§ 2151 — 2155)›§ 2153 - Rules and regulations
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART IV - Freight and Public Service (§§ 2001 — 2318) › Chapter 77 - Public Service Easements (§§ 2151 — 2155) › § 2153 - Rules and regulations
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The public entities which render the public electrical power, telephone and aqueduct and sanitary sewer services, for which the legal easements are established in § 2151 of this title, shall approve and promulgate regulations which shall rule the use and enjoyment of such easements, pursuant to the particular individual needs of each service. The regulations adopted under this chapter shall be consistent with the regulations of the Planning Board which govern the development of Puerto Rico. The Planning Board, upon approval by the Governor, shall adopt the rules and regulations which shall control the use and enjoyment of the easements for the rain water run-off services offered by the municipalities of Puerto Rico. Said rules and regulations shall become effective upon notice to the Governor, as provided in §§ 2101 et seq. of Title 3, ninety (90) days following the approval of this act. These regulations shall be adopted after public hearings and shall be dispatched to the Governor for his approval within a reasonable period of time.
History —July 20, 1979, No. 143, p. 336, § 3.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-iv/chapter-77/2154/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART IV - Freight and Public Service (§§ 2001 — 2318)›Chapter 77 - Public Service Easements (§§ 2151 — 2155)›§ 2154 - Registration of legal easements
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART IV - Freight and Public Service (§§ 2001 — 2318) › Chapter 77 - Public Service Easements (§§ 2151 — 2155) › § 2154 - Registration of legal easements
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The legal public service easements established in § 2151 of this title may be recorded in the property registry without having to present the public document in said registry in the case of projects for the construction of buildings, urbanizations or simple segregations, or any other projects for the construction and installation of public service facilities, through which said services pass or their installation is required. In such cases, the property registrar shall proceed to record the legal easement rights which affect the property or lots, in behalf of the public entities or municipalities concerned, with the sole presentation in the registry of a certification by which the constitution of each one of the easements is certified, to be recorded as liens in the books of the property registry, issued by the authorized official or employee of the government instrumentalities or municipalities, as the case may be. Said certifications shall include the plan which graphically shows the course and extent of the constituted easement and where the lots affected and recorded appear, as endorsed or approved by the government agency or municipality acquiring the easement right, and the duly notarized private document by which the owner of the land cedes the right-of-way to the easement in favor of the public entity or municipality in question, in accordance with said plan and the subsequent consent of the acquirer of the right to said transfer. The private document that shall be enclosed with the certification to be submitted at the property registry shall make reference to the plan that graphically describes the easement thus constituted. In the certifications issued by the public or municipal entities concerned, as well as in the property registry, the properties or lots affected shall be specifically listed, including the description and registration data of such properties, the nature and type of the easement, the titleholder, a statement that the transferor and the acquirer of the right-of-way have given their consent to such conveyance and all other data needed for its registration in accordance with §§ 2001 et seq. of Title 30 and 30 R.P.R. §§ 870.1 et seq. The plan attached to the certification shall be filed in the property registry.
The Administration of Municipal Services shall give the necessary technical aid to those municipalities which do not have the technical personnel needed to prepare the certification.
History —July 20, 1979, No. 143, p. 336, § 4; June 3, 1982, No. 31, p. 68; June 27, 1987, No. 64, p. 209.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-iv/chapter-77/2155/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART IV - Freight and Public Service (§§ 2001 — 2318)›Chapter 77 - Public Service Easements (§§ 2151 — 2155)›§ 2155 - Prohibited acts; penalties
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART IV - Freight and Public Service (§§ 2001 — 2318) › Chapter 77 - Public Service Easements (§§ 2151 — 2155) › § 2155 - Prohibited acts; penalties
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From the date on which the regulations ordered by virtue of § 2153 of this title take effect, every person who installs, locates or builds any structure on the legal easements mentioned in § 2151 of this title, without prior written consent of the public or municipal entity that owns the title of the right, shall be guilty of a misdemeanor and shall be punished by imprisonment which shall not exceed six (6) months or by a fine which shall not exceed five hundred dollars ($500), or both penalties, [at] the discretion of the court. The court shall order the removal or destruction of the structure thus built, and shall charge the owner therefor.
History —June 20, 1979, No. 143, p. 336, § 5.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-iv/chapter-79/2201/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART IV - Freight and Public Service (§§ 2001 — 2318)›Chapter 79 - Contracting by Government Agencies of Haulage Services (§§ 2201 — 2204)›§ 2201 - Definitions
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART IV - Freight and Public Service (§§ 2001 — 2318) › Chapter 79 - Contracting by Government Agencies of Haulage Services (§§ 2201 — 2204) › § 2201 - Definitions
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For the purposes of this chapter the meaning of the following terms is as stated below:
(a) Executive agencies.— Includes the bodies and entities of the Executive Branch of the Government of the Commonwealth of Puerto Rico, including public corporations, municipalities and the agencies included within this Branch.
(b) Aggregates.— Includes soil, clay, sludge, debris, muck, sand, asphalt compounds, rough or crushed stone, or any other analogous material.
(c) Concessionaire or public service enterprise.— Means any person, association, company, corporation, cooperative or organization of any other nature which, having obtained a valid authorization from the Public Service Commission hauls aggregates or provides towing services for pay using the public roads of Puerto Rico, for personal, industrial and/or commercial purposes in benefit of the general public or private persons.
(d) Enterprises engaged in the hauling of aggregates in motor vehicles.— Includes any person who, as a public carrier, owns, controls, operates or administers any motor vehicle used for transporting aggregates on any public highway.
(e) Operator.— Any duly authorized person who drives a motor vehicle on the public highways of Puerto Rico to haul loads of aggregates or to provide towing services.
(f) Person.— Includes natural and juridical persons.
(g) Public carrier.— Includes any person who offers to provide or provides its services for hauling loads of aggregates for pay on the public highways of Puerto Rico, and offers to deliver one or more of the materials included in the list of aggregates to the general public, or to provide persons, or who provides towing services for pay.
(h) Hauling of aggregates.— Includes any service related to the hauling of aggregates, including the receiving, delivering, lifting, transferring, diverting, driving and handling thereof.
(i) Motor vehicle.— Includes any mechanically driven or operated vehicle, tractor, truck, hauling, or tow truck which is used to haul aggregates or to provide towing services.
History —Aug. 6, 1996, No. 105, § 2.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-iv/chapter-79/2202/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART IV - Freight and Public Service (§§ 2001 — 2318)›Chapter 79 - Contracting by Government Agencies of Haulage Services (§§ 2201 — 2204)›§ 2202 - Objective
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART IV - Freight and Public Service (§§ 2001 — 2318) › Chapter 79 - Contracting by Government Agencies of Haulage Services (§§ 2201 — 2204) › § 2202 - Objective
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To ensure that executive agencies contract only those persons engaged in hauling or transporting aggregates or analogous materials or in providing towing services, who are authorized by the Public Service Commission and who meet the requirements established in this chapter. Thus, the contracted carriers who pay their license and insurance fees, as well as the contractors and the general public, are protected.
History —Aug. 6, 1996, No. 105, § 3.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-iv/chapter-79/2203/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART IV - Freight and Public Service (§§ 2001 — 2318)›Chapter 79 - Contracting by Government Agencies of Haulage Services (§§ 2201 — 2204)›§ 2203 - Requirements to be met prior to granting the contract
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART IV - Freight and Public Service (§§ 2001 — 2318) › Chapter 79 - Contracting by Government Agencies of Haulage Services (§§ 2201 — 2204) › § 2203 - Requirements to be met prior to granting the contract
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Every executive agency shall have the obligation to request evidence of compliance with the following requirements from every purveyor or company engaged in providing services for the hauling of aggregates or analogous materials, or towing services, prior to granting a contract. This evidence shall be attached to the contract, and until it is submitted said contract shall not be effective.
The documents shall be the following:
(a) An authorization issued by the Public Service Commission for hauling aggregates or analogous materials, or for providing towing services.
(b) A certificate for the hauling of aggregates or analogous materials or for providing towing services to be effective for five (5) years.
(c) Certificate of inspection prescribed by regulations issued by the Public Service Commission.
(d) State Insurance Fund Policy.
(e) Public liability insurance in effect covering the motor vehicle.
History —Aug. 6, 1996, No. 105, § 4.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-iv/chapter-79/2204/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART IV - Freight and Public Service (§§ 2001 — 2318)›Chapter 79 - Contracting by Government Agencies of Haulage Services (§§ 2201 — 2204)›§ 2204 - Penalty
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART IV - Freight and Public Service (§§ 2001 — 2318) › Chapter 79 - Contracting by Government Agencies of Haulage Services (§§ 2201 — 2204) › § 2204 - Penalty
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Any contract for hauling aggregates or analogous materials, or to provide towing services which is granted, but is not accompanied by the complementary documents which evidence compliance with the requirements established in this chapter, shall be voidable.
History —Aug. 6, 1996, No. 105, § 5.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-iv/chapter-81/2301/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART IV - Freight and Public Service (§§ 2001 — 2318)›Chapter 81 - Regulation of Charges for Ferry Services (§§ 2301 — 2303)›§ 2301 - Ferry service fee
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART IV - Freight and Public Service (§§ 2001 — 2318) › Chapter 81 - Regulation of Charges for Ferry Services (§§ 2301 — 2303) › § 2301 - Ferry service fee
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The Department of Transportation and Public Works is hereby authorized to establish, through regulations, a fee to be charged for ferry transportation services offered in the area of the Dos Bocas Lake of the Municipality of Utuado, to users who are not residents of the area.
History —Sept. 13, 1996, No. 223, § 1.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-iv/chapter-81/2302/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART IV - Freight and Public Service (§§ 2001 — 2318)›Chapter 81 - Regulation of Charges for Ferry Services (§§ 2301 — 2303)›§ 2302 - Free transportation services
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART IV - Freight and Public Service (§§ 2001 — 2318) › Chapter 81 - Regulation of Charges for Ferry Services (§§ 2301 — 2303) › § 2302 - Free transportation services
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Residents of the area of Dos Bocas Lake, specifically those from Barrios Limón, Sabana Grande, Don Alonso, Caniaco and Río Arriba shall continue to receive transportation services by ferry, free of charge, that shall take them to their homes across the Dos Bocas Lake.
History —Sept. 13, 1996, No. 223, § 2.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-iv/chapter-81/2303/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART IV - Freight and Public Service (§§ 2001 — 2318)›Chapter 81 - Regulation of Charges for Ferry Services (§§ 2301 — 2303)›§ 2303 - Special fund
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART IV - Freight and Public Service (§§ 2001 — 2318) › Chapter 81 - Regulation of Charges for Ferry Services (§§ 2301 — 2303) › § 2303 - Special fund
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All the money collected on account of said fee shall be used for improvements to the ferry services and to the facilities of the area. To such effects, the Department of Transportation and Public Works shall create a Special Fund.
History —Sept. 13, 1996, No. 223, § 3.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-iv/chapter-82/2311-2317/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART IV - Freight and Public Service (§§ 2001 — 2318)›Chapter 82 - Special Justice in Utility Service Pricing Act for Public Housing Projects (§§ 2311-2317 — 2318)›§§ 2311—2317 - Repealed. Act Apr. 7, 2016, No. 22, § 5.3, effective April 7, 2016
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART IV - Freight and Public Service (§§ 2001 — 2318) › Chapter 82 - Special Justice in Utility Service Pricing Act for Public Housing Projects (§§ 2311-2317 — 2318) › §§ 2311—2317 - Repealed. Act Apr. 7, 2016, No. 22, § 5.3, effective April 7, 2016
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History —Aug. 11, 2009, No. 69, § 1; Repealed. Act.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-iv/chapter-82/2312/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART IV - Freight and Public Service (§§ 2001 — 2318)›Chapter 82 - Special Justice in Utility Service Pricing Act for Public Housing Projects (§§ 2311-2317 — 2318)›§ 2312 - Public policy statement [Repealed]
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART IV - Freight and Public Service (§§ 2001 — 2318) › Chapter 82 - Special Justice in Utility Service Pricing Act for Public Housing Projects (§§ 2311-2317 — 2318) › § 2312 - Public policy statement [Repealed]
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History —Aug. 11, 2009, No. 69, § 2; Repealed. Act.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-iv/chapter-82/2313/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART IV - Freight and Public Service (§§ 2001 — 2318)›Chapter 82 - Special Justice in Utility Service Pricing Act for Public Housing Projects (§§ 2311-2317 — 2318)›§ 2313 - Fixed rate [Repealed]
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART IV - Freight and Public Service (§§ 2001 — 2318) › Chapter 82 - Special Justice in Utility Service Pricing Act for Public Housing Projects (§§ 2311-2317 — 2318) › § 2313 - Fixed rate [Repealed]
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History —Aug. 11, 2009, No. 69, § 3; Repealed. Act.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-iv/chapter-82/2314/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART IV - Freight and Public Service (§§ 2001 — 2318)›Chapter 82 - Special Justice in Utility Service Pricing Act for Public Housing Projects (§§ 2311-2317 — 2318)›§ 2314 - Payment plan [Repealed]
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART IV - Freight and Public Service (§§ 2001 — 2318) › Chapter 82 - Special Justice in Utility Service Pricing Act for Public Housing Projects (§§ 2311-2317 — 2318) › § 2314 - Payment plan [Repealed]
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History —Aug. 11, 2009, No. 69, § 4; Repealed. Act.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-iv/chapter-82/2315/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART IV - Freight and Public Service (§§ 2001 — 2318)›Chapter 82 - Special Justice in Utility Service Pricing Act for Public Housing Projects (§§ 2311-2317 — 2318)›§ 2315 - Exclusion [Repealed]
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART IV - Freight and Public Service (§§ 2001 — 2318) › Chapter 82 - Special Justice in Utility Service Pricing Act for Public Housing Projects (§§ 2311-2317 — 2318) › § 2315 - Exclusion [Repealed]
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History —Aug. 11, 2009, No. 69, § 5; Repealed. Act.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-iv/chapter-82/2316/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART IV - Freight and Public Service (§§ 2001 — 2318)›Chapter 82 - Special Justice in Utility Service Pricing Act for Public Housing Projects (§§ 2311-2317 — 2318)›§ 2316 - Elimination of subsidy [Repealed]
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART IV - Freight and Public Service (§§ 2001 — 2318) › Chapter 82 - Special Justice in Utility Service Pricing Act for Public Housing Projects (§§ 2311-2317 — 2318) › § 2316 - Elimination of subsidy [Repealed]
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History —Aug. 11, 2009, No. 69, § 6; Repealed. Act.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-iv/chapter-82/2317/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART IV - Freight and Public Service (§§ 2001 — 2318)›Chapter 82 - Special Justice in Utility Service Pricing Act for Public Housing Projects (§§ 2311-2317 — 2318)›§ 2317 - Regulations [Repealed]
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART IV - Freight and Public Service (§§ 2001 — 2318) › Chapter 82 - Special Justice in Utility Service Pricing Act for Public Housing Projects (§§ 2311-2317 — 2318) › § 2317 - Regulations [Repealed]
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History —Aug. 11, 2009, No. 69, § 7; Repealed. Act.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-iv/chapter-82/2318/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART IV - Freight and Public Service (§§ 2001 — 2318)›Chapter 82 - Special Justice in Utility Service Pricing Act for Public Housing Projects (§§ 2311-2317 — 2318)›§ 2318 - Repealed. Act April 7, 2016. No. 22, § 5.3, eff. April 7, 2016
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART IV - Freight and Public Service (§§ 2001 — 2318) › Chapter 82 - Special Justice in Utility Service Pricing Act for Public Housing Projects (§§ 2311-2317 — 2318) › § 2318 - Repealed. Act April 7, 2016. No. 22, § 5.3, eff. April 7, 2016
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History —Aug. 11, 2009, No. 69, § 8; Repealed. Act.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-v/chapter-91/2601/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART V - Regulation of Public Services (§§ 2601 — 2641)›Chapter 91 - Public-Private Partnerships Act (§§ 2601 — 2623)›§ 2601 - Definitions
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART V - Regulation of Public Services (§§ 2601 — 2641) › Chapter 91 - Public-Private Partnerships Act (§§ 2601 — 2623) › § 2601 - Definitions
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The following words or terms shall have the meanings stated hereinbelow, except when the context clearly indicates otherwise, and the words used in the singular form shall include the plural form and vice versa:
(a) Federal agency.— Any of the departments of the Executive Branch of the Government of the United States of America, or any department, corporation, agency or instrumentality created or which may be created, designated or established by the United States of America.
(b) Public-private partnership or partnership.— Any agreement, including an agreement to carry out a small scale project, between a government entity and one (1) or more persons, subject to the public policy set forth in this chapter, the terms of which are provided under a partnership contract, to delegate operations, functions, services, or responsibilities of any government entity, as well as to design, develop, finance, maintain, or operate one or more facilities, or any combination thereof.
(c) Authority.— The Public-Private Partnership Authority created by this chapter.
(d) GDB or Bank.— The Government Development Bank for Puerto Rico.
(e) Partnership Committee.— A committee designated by the Authority to evaluate and select qualified persons and the proponents of a partnership and to establish and negotiate the terms and conditions it deems appropriate for the corresponding partnership contract.
(f) Standing Committee on Small Scale Partnerships.— A committee established under this chapter to evaluate small scale projects, qualify persons that may participate in the process, select the proponents of a partnership, and establish the terms and conditions it may deem appropriate for the corresponding partnership contract.
(g) Conflict of interests.— Means any situation in which the personal or financial interest of the public official or persons related to such public official is or could reasonably be in contravention of the public interest.
(h) Partnership contract.— The contract executed by the selected proponent and the partnering government entity to establish a partnership, which may include, but shall not be limited to, a contract to delegate a function, administer or render one or more services, or conduct the design, building, financing, maintenance, or operation of one or more facilities that are in themselves or are closely related to priority projects as established in § 2602 of this title. A partnership contract may be, without it being understood as a limitation, any modality of the following kinds of contract: design/build, design/build/operate, design/build/finance/operate, design/build/transfer/operate, design/build/operate/transfer, turnkey contract, long-term lease contract, surface right contract, administrative grant contract, joint venture contract, long-term administration and operation contract, and any other kind of contract that separates or combines the design, building, financing, operation or maintenance phases of the priority projects, as established in § 2602 of this title. The obligations arising from these contracts shall be binding insofar as these do not disrupt the law, morality, or public order.
(i) Contractor.— The person who executes a partnership contract with a partnering government entity or the successor thereof.
(j) Government entity.— Any department, agency, board, commission, body, bureau, office, municipal entity, public corporation or instrumentality of the Executive Branch, as well as of the Judicial Branch and the Legislative Branch of the Commonwealth of Puerto Rico, whether existing or to be created in the future.
(k) Partnering government entity.— The government entity with direct inherence on the kind(s) of function(s), service(s) or facility(ies) that shall be under the partnership contract, which is or shall be a party in the partnership contract.
(l) Municipal entity.— Any municipality of the Commonwealth of Puerto Rico, as well as any municipal corporation or municipal consortium.
(m) Function(s).— Any present or future responsibility or operation of a government entity, expressly delegated to the same by means of either its Organic Act or the pertinent special laws, that is closely related to priority projects, as established in § 2602 of this title.
(n) Facility(ies).— Any property, capital work or facility of public use, whether real or personal, whether existing or to be developed in the future, including, but not limited to, aqueduct and sewer systems, including all plants, reservoirs, and systems to store, supply, treat, and distribute water, systems to treat, collect, and eliminate rainwater and sewer water, improvements financed under the provisions of the Federal Clean Water Act and the Federal Potable Water Act, or any other similar or related federal legislation or regulation; systems to collect, transport, manage, and eliminate non-hazardous and hazardous solid waste; systems to recover resources; systems to produce, transmit or distribute electric power; freeways, highways, pedestrian walkways, parking facilities; airports, convention centers, bridges, sea or air ports, tunnels; transportation systems, including mass transportation systems; communications systems, including telephones, information and technology systems; industrial facilities; public housing; correctional institutions; and any kind of facilities used as tourist, healthcare or agricultural-industrial infrastructure or any other similar facilities.
(o) Public interest.— Any government action directed to protecting and benefiting citizens at large, whereby essential goods and services are provided for the welfare of the population.
(p) Board.— The Board of Directors of the Authority.
(q) Person.— Any natural or juridical person organized under the laws of the Commonwealth of Puerto Rico, the United States of America, any of its states or territories, or of any foreign country, any federal agency, or any combination of the above. The term shall include any department, agency, municipal entity, government instrumentality, individual, firm, partnership, stock company, association, public or private corporation, or cooperative union or nonprofit entity duly constituted and authorized under the laws of the Commonwealth of Puerto Rico or the United States of America or any of its states or territories.
(r) Property.— Any property, whether real or personal, whether tangible or intangible, existing at present or to exist in the future.
(s) Proponent.— Any person or its affiliated or related entities who has submitted a proposal to enter into a partnership with a government entity.
(t) Small scale project.— A project submitted by a government entity or a proponent for the development of a facility, or to provide a service or function, whose estimated cost, at the time the proposal is submitted to the Authority, including a reasonable item for possible change orders in the execution of the project, does not exceed fifty-five million dollars ($55,000,000).
(u) Priority projects.— An initiative developed by the Government that holds primacy, whose purpose is the performance and execution of a work vested in high public interest.
(v) Service(s).— Any service rendered or to be rendered by a government entity directed to safeguarding the interests or meeting the needs of citizens under the provisions of either its organic act or other special laws, that are in themselves or are closely related with priority projects, as established in § 2602 of this title.
(w) Family unit.— Includes the spouse of the public official or employee, as well as his/her dependent children, or those persons who dwell in such public official’s legal residence, or whose financial affairs are under the control, whether de jure or de facto, of the public official or employee.
(x) Small scale project subdivision.— A division of the Authority responsible for coordinating the process of receiving, processing, and evaluating proposals for small scale projects.
History —June 8, 2009, No. 29, § 2; Dec. 19, 2014, No. 237, § 1.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-v/chapter-91/2602/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART V - Regulation of Public Services (§§ 2601 — 2641)›Chapter 91 - Public-Private Partnerships Act (§§ 2601 — 2623)›§ 2602 - Public policy
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART V - Regulation of Public Services (§§ 2601 — 2641) › Chapter 91 - Public-Private Partnerships Act (§§ 2601 — 2623) › § 2602 - Public policy
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It is hereby stated that the public policy of the Government of Puerto Rico is to favor and promote the establishment of public-private partnerships for the creation of priority projects, and among other things, to further the development and maintenance of infrastructure facilities, to apportion between the Commonwealth and the contractor the risk involved in the development, operation or maintenance of such projects, to improve the services rendered and the functions of the Government, to foster the creation of jobs, and to promote the socio-economic development and the competitiveness of Puerto Rico.
Pursuant to the public policy set forth above, the Board and the Committees hereby created shall consider the following projects as the only existing or new functions, facilities or services to be subject to a partnership contract:
(1) The development, construction or operation of sanitary landfill systems, including methane recovery operations, as well as facilities for the management and disposal of non-hazardous and hazardous solid waste, such as: plants for recycling, composting, and converting waste into energy.
(2) The construction, operation or maintenance of reservoirs and dams, including any infrastructure necessary for their operation to produce, treat, and distribute water and any infrastructure for the production of hydroelectric energy and for sewage and potable water treatment plants.
(3) The construction, operation or maintenance of existing or new plants for the production of energy that use alternate fuels other than oil or that use renewable energy sources, such as wind, solar and oceanic-thermal energy, among others, as well as the transmission of energy of any kind.
(4) The construction, operation or maintenance of transportation systems of any kind, thoroughfare system or related infrastructure, including maritime or air transportation.
(5) The construction, operation or maintenance of educational, health, security, correctional and rehabilitation facilities. When operating educational facilities, a public-private partnership may be established if such contract is executed exclusively with worker-owned cooperative, a special employee-owned corporation, or a nonprofit entity.
(6) The construction, operation or maintenance of affordable housing projects.
(7) The construction, operation or maintenance of sports, recreational, tourist and cultural entertainment facilities.
(8) The construction, operation or maintenance of wired or wireless communication networks for communications infrastructure of any kind.
(9) The design, construction, operation or maintenance of high-technology, informatics and automation systems.
(10) The construction, operation or maintenance of any kind of activity or facility or service as may be identified from time to time as a priority project through legislation.
History —June 8, 2009, No. 29, § 3.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-v/chapter-91/2603/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART V - Regulation of Public Services (§§ 2601 — 2641)›Chapter 91 - Public-Private Partnerships Act (§§ 2601 — 2623)›§ 2603 - Authority to enter into a partnership
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART V - Regulation of Public Services (§§ 2601 — 2641) › Chapter 91 - Public-Private Partnerships Act (§§ 2601 — 2623) › § 2603 - Authority to enter into a partnership
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All government entities are hereby authorized, pursuant to the public policy set forth in this chapter, to establish partnerships and to execute partnership contracts in connection with any function, service or facility for which they are responsible under the provisions of their organic acts or the applicable special laws, pursuant to the provisions of this chapter. All municipal entities, as well as the Legislative Branch and the Judicial Branch, are hereby authorized to partner voluntarily as a government entity into a public-private partnership under the terms and conditions provided for in this chapter. If any municipal entity, the Legislative Branch or the Judicial Branch chooses to voluntarily partner into a partnership under the provisions of this chapter, shall be subject to the provisions thereof. In order to set up the most convenient structure and with the sole purpose of establishing a partnership contract, any government entity that is a public corporation may establish subsidiary or affiliate corporations through a resolution by its Board of Directors or by virtue of the provisions of Act No. 144 of August 10, 1995, known as the “General Corporate Act of 1995”.
History —June 8, 2009, No. 29, § 4.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-v/chapter-91/2604/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART V - Regulation of Public Services (§§ 2601 — 2641)›Chapter 91 - Public-Private Partnerships Act (§§ 2601 — 2623)›§ 2604 - Authority—Creation
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART V - Regulation of Public Services (§§ 2601 — 2641) › Chapter 91 - Public-Private Partnerships Act (§§ 2601 — 2623) › § 2604 - Authority—Creation
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(a) Creation.— The Public-Private Partnership Authority is hereby created as a public corporation of the Commonwealth of Puerto Rico, attached to the Bank.
(b) Board of Directors.— The duties and powers of the Authority shall be discharged by a Board of Directors, which shall establish the public policy of the Authority, in order to fulfill the objectives of this chapter.
The Board shall be constituted by five (5) members, to wit: the President of the Bank; the Secretary of the Treasury; the President of the Planning Board; and two (2) persons in representation of the public interest. To select public interest representatives, each Presiding Officer of the Legislative Bodies shall submit a short list of three candidates to the Governor. The Governor, in his/her sole discretion, shall evaluate the recommendation made by the aforesaid and shall choose one (1) person from each short list. If the Governor were to reject the persons recommended to represent the public interest, the Presiding Officers of the Legislative Bodies shall then submit another short list of three candidates. However, as long as all members that compose the Board are not chosen, it shall be deemed that the Board has not been constituted and the same shall be unable to make any agreements. None of the members of the Board may be public or elected officials. Public interest representatives may be removed from the Board by the Governor. If any vacancy were to be created in the Board by a public interest representative, such vacancy shall be filled by using the same appointment procedure established in this section. Public interest representatives shall hold office for a four (4)-year term. The President of the Bank, the Secretary of the Department of the Treasury and the President of the Planning Board shall hold office for the duration of their term of appointment.
The Chair of the Board shall be the President of the Bank. The Board shall select from among its members a Vice Chair, who shall substitute the Chair in his/her absence. The Board shall likewise select a Secretary.
The members of the Board that represent the public interest shall receive a nominal stipend for each day they attend Board meetings. The stipend granted as per diem shall be established by regulations as the Board may adopt to that effect. Public interest representatives shall be entitled to be reimbursed for traveling expenses necessarily incurred to discharge their official functions, pursuant to applicable regulations.
The members of the Board of Directors may not be affiliated or have any direct or indirect financial interest with any contractor. This prohibition shall be extended to all members of the Board of the Authority for a period of five (5) years after having lapsed in office.
No person who has him/herself or who has a member within his/her family unit who has any personal or financial interest, whether direct or indirect, with any proponent or contractor or in any entity that has the control over or is under the control of an enterprise that is a proponent or contractor, may participate in any stage conducive to the award of a partnership contract. In the event that such conflicts should arise, the member of the Board of the Authority thus affected shall strictly abide by the provisions of § 1826 of Title 3. If the Office of Government Ethics were to determine that the self-disqualification procedure is proper for the situation under consultation, the member thus affected shall be substituted while such conflict persists. The President of the Government Development Bank would be substituted by the Vice President of the Bank in the area of financing. The Secretary of the Treasury and the President of the Planning Board would be substituted by his/her Undersecretary or by his/her Vice President, respectively. For public interest representatives, the procedure set forth in this chapter shall be observed. Furthermore, the Governor shall designate from each three-candidate short list two (2) alternate public interest representatives, who shall act only on occasion of the absence, disability or resignation of the official public interest representatives.
The directors, officials, and employees of the Authority shall be subject to the provisions of §§ 1801 et seq. of Title 3, the “Ethics in Government Act”. The members of the Board of Directors and the Partnership Committees shall render financial reports pursuant to the provisions of the aforesaid sections.
(c) Quorum.— Four (4) members of the Board shall constitute a quorum for all purposes and for all agreements reached. All decisions or agreements shall be effected by an extraordinary majority, that is, with the minimal vote of four (4) out of the five (5) members of the Board. However, all majority decisions or agreements must have the vote of the public interest representatives. Any action necessary or allowed in any meeting of the Board or any Board committee shall be authorized with no need for a meeting, insofar as all Board or Board committee members, as the case may be, give their written consent concerning such action. In such case, the written document shall remain in the minutes of the Board or the Board committee, as the case may be. The members of the Board or of any Board committee may participate in any meeting of the Board or of any Board committee, respectively, by conference telephone call or any other communication medium whereby all persons participating in the meeting are able to communicate simultaneously. The participation of any member of the Board or of any Board committee in the manner described above shall constitute attendance to such meeting. Each member who is unable to attend a meeting convened by the Chair of the Board for the consideration of a transaction, shall be under the obligation to cast his/her vote through the alternate mechanisms established by the Board within the time lapse provided by the Chair.
(d) Executive Director of the Authority.— The Executive Director shall be the chief executive officer of the Authority who shall, in addition to directing the operational and administrative aspects of the Authority, manage the budget of the Authority and supervise all assets and employees, including the Small Scale Project Subdivision; implement the public policy set forth in this chapter; and carry out all those duties, functions, obligations, and powers delegated to him by the Board. The Executive Director shall be appointed by the Board exclusively based on merit, to be determined taking into account the education, experience, and other qualities that specifically qualify him for achieving the purposes of the Authority. The Board shall establish the compensation of the Executive Director, which compensation shall facilitate the recruitment and retention of highly-qualified professionals.
(e) Other officers.— The Board may create and establish other executive officer positions according to the needs of the Authority. Once a position is created, the Executive Director shall evaluate candidates to hold the same and make recommendations to the Board. The Board shall appoint an officer from among the candidates recommended by the Executive Director. Every officer created and appointed as provided in this subsection shall report to the Executive Director and shall carry out the duties and obligations of his office, as well as any other duties established by the Board.
History —June 8, 2009, No. 29, § 5; Dec. 19, 2014, No. 237, § 2.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-v/chapter-91/2605/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART V - Regulation of Public Services (§§ 2601 — 2641)›Chapter 91 - Public-Private Partnerships Act (§§ 2601 — 2623)›§ 2605 - Authority—Faculty and powers
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART V - Regulation of Public Services (§§ 2601 — 2641) › Chapter 91 - Public-Private Partnerships Act (§§ 2601 — 2623) › § 2605 - Authority—Faculty and powers
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(a) General powers.— The Authority is hereby conferred, and shall hold and may exercise, all rights and powers as necessary or convenient to meet its purposes, including but not limited to the following:
(1) To have perpetual succession as a corporation.
(2) To adopt, alter, and use a corporate seal of which judicial notice shall be taken.
(3) To formulate, adopt, amend and repeal bylaws for the management of its corporate affairs, as well as standards, rules, and regulations as necessary or pertinent to carry out and discharge its functions, powers, and duties.
(4) To be the owner in fee simple of all its properties.
(5) To assess the nature and need of all its expenses and the manner in which these are to be incurred, authorized and paid for, taking into consideration any provision of law that regulates public fund spending and adopt rules on the use and disbursement of its funds and be subject to the intervention of the Office of the Comptroller of Puerto Rico.
(6) To collect fees for the services it shall render as part of the process of establishing partnerships, including fees charged to partnering government entities or voluntary proponents, as provided in § 2608 of this title, to defray the development of the project, and to prospective proponents for their participation in any qualification or award process, or in both; Provided, That, at the discretion of the Board, service fees shall be established: (A) on a percentage basis, which may range from point five percent (0.5%) to three percent (3%) of the total estimated cost of the project, in the aggregate; or (B) on a reimbursement basis of the costs incurred by the Authority in relation to the project, including costs incurred in project consultants and direct administrative costs related to the project, plus, a fixed charge ranging from five percent (5%) to fifteen percent (15%) on the costs incurred in project consultants, to be established depending on the complexity of the project. These service fees shall be payable to the Authority whether or not the project is completed; Provided, That, should the project process be canceled before the completion thereof, the service fee collected based on the total estimated cost of the project in the aggregate shall be adjusted according to the percentage of project completion as of the cancellation date;
(7) To sue and be sued under its own name, to file complaints and defend itself before all courts of justice and administrative bodies, and to participate in commercial arbitration proceedings.
(8) To negotiate and execute with any person, including any federal or Commonwealth government agency, any kind of contract, including, without it being understood as a limitation, administrative grant contracts and any kind of partnership contract pursuant to the provisions of this chapter, as well as all instruments and agreements as are necessary and convenient to exercise the powers and discharge the functions conferred onto the Authority under this chapter, and agreements with the Bank and other government entities in connection with Authority expenses, fees for services rendered, and refunds as pertinent, to be entered into by and between the former and the latter in connection with the procedures to establish partnerships. Likewise, the Authority may take money on loan from the Bank to cover its operating expenses and to accomplish the purposes of this chapter. To those ends, the Bank is hereby authorized to grant a revolving credit line of up to a maximum of twenty million dollars ($20,000,000), for which the source of repayment shall be the funds received on account of services rendered and fees imposed by the Authority. Furthermore, it is hereby provided a Special Appropriation from the General Expense Budget for Fiscal Year 2014-2015 in the amount of one million dollars ($1,000,000), and a Special Appropriation from the General Expense Budget for Fiscal Year 2015-2016 in the amount of two million dollars ($2,000,000) to enable the Authority to establish a special and separate fund to defray costs related to the evaluation and establishment of partnerships through small scale projects. Future service fees collected by the Authority from small scale projects shall be deposited exclusively in said special fund to be available for such purposes; thus, the appropriation of additional funds from the Central Government shall not be necessary.
(9) To execute contracts for professional, expert or consulting services to assist the Authority in the discharge of its responsibilities, including but not limited to the evaluation of materials to qualify prospective proponents, the evaluation of proposals, and the reviews of partnership contract.
(10) To acquire any property by any legal means, including but not limited to purchase agreements, inheritance, bequeathal or donation, and to hold, conserve, use, and exploit any property as deemed necessary or convenient to carry out the purposes of the Authority.
(11) To assign usufruct, lease, encumber and otherwise dispose of, except through sale, exchange or assignment, any property of the Authority when deemed appropriate, necessary, incidental or convenient in connection with its activities.
(12) To appoint, transfer, and remove such officials, agents or employees, including executive employees, and confer such authorities, impose such duties and fix, change and pay such compensation as the Authority shall determine; Provided, That the Authority shall strive to hire personnel mostly from partnering government entities, the Bank or the Infrastructure Financing Authority, whether the personnel is detailed or permanently transferred.
(13) To obtain insurance against losses in such amounts and with properly licensed insurers as it may deem desirable, which insurance could include, without it being construed as a limitation, insurance against civil liability for directors, officers, agents, and employees.
(14) The Board shall be entitled to examine any information [a] documents presented in the course of the desirability and convenience study preparation process and the procedures governing proponent qualification and requests for and evaluation of proposals. In turn, the Board may require additional information concerning the persons requesting to be qualified, proponents, requests and proposals, insofar as the information thus required is not covered under any privilege granted by the laws of the Commonwealth of Puerto Rico.
(15) To exercise such other corporate powers as these are not incompatible with those set forth herein conferred to corporations by the laws of Puerto Rico, and exercise all such powers inside and outside of Puerto Rico.
(16) To take all actions or measures as necessary or convenient to discharge the powers conferred under this chapter or any other act of the Legislature of Puerto Rico or the United States Congress.
(b) Specific powers.— The Authority is hereby designated as the sole government entity authorized and responsible for implementing the public policy on partnerships as set forth in this chapter and for determining the functions, services or facilities for which such partnerships are to be established. In recognizing the limitation as to investment resources, the Authority shall establish priorities in the development of projects, in order for partnership contracts to address infrastructure needs or services that hold priority for the Commonwealth, according to the public policy set forth in this chapter and not necessarily as dictated by investment profitability criteria. Once the Authority decides to establish a partnership, the partnering government entity and the Bank shall be bound to provide such technical, expert, financial, and human resource assistance as the Authority may need and as these entities are able to provide to ensure the successful establishment of such partnership. In addition to the general powers conferred under subsection (a) of this section, the Authority is hereby authorized to:
(1) Evaluate and select the government entities, functions, services, and facilities for partnerships, conduct analysis as well as studies on the feasibility, desirability and convenience of the project as necessary to determine whether it is advisable to carry out the project and establish such partnership.
(2) Create and approve a regulation or regulations to regulate procedures leading to the establishment of partnerships, which shall include the criteria to be used and the procedures to be followed in order to (A) identify the functions, services or facilities for which a partnership is to be established, (B) call candidates to participate in procedures to establish partnerships and to publish a notice in connection with the commencement of such procedures in a newspaper of general circulation or over the Internet, (C) evaluate proposals and proponents and select the best proposal and the best proponent, (D) negotiate partnership contracts, (E) grant proponents who so request, after a determination by the Authority subject to judicial review under § 2619 of this title, access to the official records of the Authority in connection with such determination during the period in which proponents may request a judicial review of the decision issued by the Authority, and (F) supervise, together with partnering government entities, the partnerships after the partnership contracts have been approved and signed. Such regulation or regulations shall be open to comments from the general public. The Authority shall notify the place and time or the webpage on which the draft for the regulation shall be available through a notice published for three (3) days in two (2) newspapers of general circulation. The public shall have ten (10) days from the last day of publication to submit their written comments to the Authority. After such comments have been received and having had the benefit of evaluating the same and determine which comments are pertinent to incorporate or review the draft for the regulation according to the comments received, the final regulation shall be approved by the Board of Directors of the Authority and take effect immediately after such approval or on the date determined by the Board. The final regulation shall be filed with the Department of State and the Legislative Library within thirty (30) days following its approval.
(3) Evaluate the terms and conditions of each partnership contract and make recommendations in connection therewith to the Board of Directors of the partnering government entity, or, in the event that the partnering government entity does not have a Board of Directors, to the head of the entity or to the Secretary of the Department to which such partnering government entity is attached.
(4) Contract with any person, including experts, technical experts, advisors and consultants, in order to prepare a study on desirability and convenience, and provide any other kind of goods or services as necessary to advise the Authority regarding all aspects or elements of each partnership.
(5) Enter into direct contracts with third parties, pro se or on behalf of partnering government entities, in connection with transitional or provisional services, including but not limited to services provided upon completion of the term of the partnership contract, whose temporary, provisional or transitional services may include but are not limited to (A) providing provisional or transitional services or functions until the time a partnership contract is executed, (B) take over operations after a breach by the contractor or (C) providing services relative to environmental remediation or to the seizure or removal of facilities. The Authority or the partnering government entity shall, without limiting the foregoing, also be entitled to render the contract ineffective, to take over from the contractor and to carry out directly or contract a third party on an provisional or temporary basis to develop, operate, maintain, and administer a facility or to provide a service or discharge a function if the Authority determines in its reasonable discretion that the contractor’s ongoing performance of such tasks poses a risk to the public health and safety or to the environment.
(c) Ownership and tenure.— The Authority shall not have the power to transfer ownership of public goods to private entities or persons. Any facility developed by a contractor, whose ownership or tenure remains under its control for the duration of the partnership contract, shall be transferred to the government entity not later than at the end of the term of such contract or upon its termination or rescindment.
(d) Location consultations, permits, and endorsements.— A partnership established pursuant to the provisions of this chapter shall meet all applicable requirements as to location consultations, permits, and endorsements, as established under the laws of the Commonwealth of Puerto Rico. In order to ensure the expeditious and prompt observance of these requirements, for each partnership, the Governor or the person on whom he/she delegates shall establish an interagency committee composed of all government entities with jurisdiction to evaluate location consultations and to issue permits and endorsements in connection with a partnership. This Committee shall cease functions once all the location consultations, permits and endorsements necessary to carry out a partnership contract have been addressed.
Selected proponents shall be responsible for procuring and obtaining the location consultation and the permits and endorsements necessary to carry out a partnership, while assuming any risk in case they fail to obtain the authorized location consultation or the permits or endorsements required.
History —June 8, 2009, No. 29, § 6; Dec. 19, 2014, No. 237, § 3.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-v/chapter-91/2606/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART V - Regulation of Public Services (§§ 2601 — 2641)›Chapter 91 - Public-Private Partnerships Act (§§ 2601 — 2623)›§ 2606 - Project inventory; desirability and convenience of a partnership
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART V - Regulation of Public Services (§§ 2601 — 2641) › Chapter 91 - Public-Private Partnerships Act (§§ 2601 — 2623) › § 2606 - Project inventory; desirability and convenience of a partnership
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(a) Project inventory.— All government entities are hereby directed to submit to the Authority within a term not to exceed ninety (90) days as of the beginning of each calendar year, any proposal for partnership projects in connection with any function, service or facility for which the same is responsible under the provisions of its enabling act or any applicable special laws. Whenever possible, the Authority shall publish these proposals for partnership projects, including those chosen for said small scale projects, on its webpage and in a newspaper of general circulation. The list of proposals for partnership projects submitted by the government entity shall be part of an inventory of proposals for partnership projects that may be used by the Authority to prepare studies on desirability and convenience. Except as provided below, the Authority shall be required to conduct studies on desirability or convenience in order to commence procedures for the establishment of partnerships in connection with any one or all proposals received through this mechanism. The Authority may conduct studies on desirability and convenience regarding other functions, services or facilities not submitted as part of the inventory process established herein, which studies shall be considered by the corresponding government entity. The Authority may commence procedures to establish a partnership under such study, once the Government Entity includes such partnership in its project inventory.
Notwithstanding the foregoing, a government entity may submit proposals for partnerships or small scale projects, from time to time, for the Authority’s evaluation, even if such proposals have not been included as part of the annual project inventory provided for in the preceding paragraph.
(b) Study on desirability and convenience.— Before commencing the procedures to enter into a partnership, the Authority, with the assistance of the Bank, shall conduct a study on desirability and convenience to determine whether establishing such partnership is advisable. The scope of such study shall depend on the kind of project or function, service or facility under consideration for a partnership. The Authority shall consider, and insofar as applicable, shall include, as part of the study on desirability and convenience, the following points:
(1) A definition of the essential characteristics of the function, facility or service.
(2) A history, projections or both on the demand on use, the economic and social impact of the function, facility or service in its area of influence, and the profitability of the partnership.
(3) As to new projects, their technical and functional feasibility and an assessment of the existing data and reports referring to territorial or urban planning.
(4) Social feasibility, including an analysis on the cost/benefit to the Commonwealth and the social impact of the proposed project.
(5) A justification of the partnership modality expected to be used for carrying out priority projects, as established in § 2602 of this title, indicating the main benefits of the selected modality.
(6) Operational and technological risks involved in rendering the service or discharging the function or building and using the facility.
(7) The cost of the investment to be made and the economic and financial feasibility of the project or operation.
(8) An evaluation of the cost/benefit and the convenience of using public or private financing to render the service, discharge the function or develop or build the facility with a justification of the origin of such investment or financing, taking into account the possible loss of eligibility to receive federal funding for the project.
(9) The preliminary preparation of an analysis or identification of the environmental effects of the project or operation that proponents shall consider when analyzing risks in presenting their proposals and participating in a partnership. This study is not equal to an environmental impact statement, nor is it required at this stage to prepare any particular document required under the Puerto Rico Environmental Public Policy Act, §§ 8001 et seq. of Title 12. However, if the Authority should so deem pertinent, it may conduct such additional studies as it deems convenient and feasible to complete at this initial stage of the study on the desirability of establishing a partnership.
(10) A comparative analysis of the cost/benefit represented in allowing the government entity assume the responsibility for carrying out or continuing operations or for carrying out the building, repair or improvement, as opposed to channeling the operation, building, repair or improvement through a partnership, including its effect on public finances.
(11) Feasibility for businesses with local capital, nonprofit entities and cooperative unions to be able to participate in the procedures to establish a public-private partnership intended for building, operating or maintaining a facility or service under the partnership. Such study shall identify areas with the greatest potential for local entities, the measures that Government entities shall take, the function to be discharged by nongovernmental organizations in fostering the competitiveness of the entities comprising this sector, and any other actions that may further promote this participation without impairing the laws or the rules that regulate and guarantee the open market.
In the case of small scale projects, at the discretion of the Standing Committee on Small Scale Projects and without the need for the Board’s approval at this stage, the Authority may accept the study or studies conducted by a government entity or proponent in connection with said project; Provided, That the scope and depth of said studies meet the requirements of this chapter and are adequate to allow the Standing Committee on Small Scale Projects[sic] to determine whether or not it is advisable to establish such project as a partnership.
(c) Publication.— Studies on desirability and convenience for a potential partnership, including those chosen for said small scale projects, shall be published on the webpage of the Authority and such publication shall be notified in a newspaper of general circulation, prior to commencing the request for proposals process.
History —June 8, 2009, No. 29, § 7; Dec. 19, 2014, No. 237, § 4.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-v/chapter-91/2607/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART V - Regulation of Public Services (§§ 2601 — 2641)›Chapter 91 - Public-Private Partnerships Act (§§ 2601 — 2623)›§ 2607 - Partnership Committee
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART V - Regulation of Public Services (§§ 2601 — 2641) › Chapter 91 - Public-Private Partnerships Act (§§ 2601 — 2623) › § 2607 - Partnership Committee
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(a) Creation of partnerships.— The Authority shall create a Partnership Committee for each Partnership which the former has determined to be appropriate; however, in the case of small scale projects, the provisions of subsection (b) of this section shall apply. The Committee shall be constituted by (1) the President of the Bank or his delegate; (2) the officer of the partnering government entity directly concerned with the project or his delegate; (3) one (1) member of the Board of Directors of the partnering government entity or, in the case of government entities with no Board of Directors, the Secretary of the Department to which such partnering government entity is attached, or his delegate or an official thereof with specialized knowledge in the kind of project object of the selected for Partnership by the Board of the Authority; and (4) two (2) officials from any government entity chosen by the Board of Directors of the Authority for their knowledge and experience in the kind of project object of the Partnership under consideration. The total number of members of the Partnership Committee shall constitute a quorum for all purposes, and the decisions of the Committee shall be made by an extraordinary majority of its members. Partnership Committee members may not be affiliated with or have a direct or indirect financial interest in any proponent or contractor. Members of the Board of Directors may not be affiliated to or have a direct or indirect financial interest with any contractor. This prohibition shall be extended to all members of the Board of the Authority for a period of five (5) years after having ceased functions. This prohibition shall be extended to all employees of the Authority and apply to Partnership Committee members for a period of two (2) years. If within the term established above, any member of the Board of the Authority who has resigned from office wishes to obtain a dispensation from the restriction established herein, such member shall request such dispensation from the office-holding members of the Board of the Authority, who shall evaluate such request and may only grant it unanimously, upon evaluation and a positive recommendation from the Government Ethics Office of Puerto Rico. In the event of a conflict of interest, the Partnership Committee member thus affected shall strictly abide by the provisions of §1857d of Title 3, known as the “Puerto Rico Government Ethics Act of 2011”, entitled “Duty to Report Situations Involving Potential Unethical Actions or Conflicts of Interest”. If the Government Ethics Office were to conclude that the self-disqualification mechanism is available for the situation consulted, the member thus affected shall be substituted while such conflict persists by a member of the Board of Directors of the Authority or of the partnering government entity or by another official of the Bank or of the partnering government entity, as designated by the Board of Directors of the Authority.
(b) Standing Committee on Small Scale Projects.— A Standing Committee on Small Scale Projects shall be appointed to handle all small scale projects, as well as to determine priority projects for which the establishment of a partnership is advisable. Said Committee shall be composed of five (5) members, to wit, the Secretary of the Department of Economic Development and Commerce or his representative, the Secretary of the Department of Transportation and Public Works or his representative, the Executive Director of the Infrastructure Financing Authority or his representative; the Commissioner of Municipal Affairs or his representative, and the chief executive of the partnering government entity directly concerned with said project or his representative. Members of the Standing Committee on Small Scale Partnerships shall constitute a quorum by a simple majority for all purposes, including decision making. As provided in § 2608(g) of this title, small scale projects shall not require the final approval of the Governor, except when the approval of the Governor is required by constitutional mandate, and once approved as priority projects shall only return to the Board for final approval. Except as provided in this section, all other provisions of this chapter or the applicable regulations regarding the Partnership Committee, its functions, and powers shall equally apply to the Standing Committee on Small Scale Projects, and any reference to the Partnership Committee in other sections of this chapter or the applicable regulations, except as otherwise expressly provided, shall be deemed to be a reference to the Standing Committee on Small Scale Projects; Provided; further, That the Authority may approve regulations in connection with the operation, administration, and functioning of the Standing Committee on Small Scale Projects.
(c) In the event a project proposal, other than for the delegation of the existing operations, functions, services or responsibilities of any government entity, whose estimated cost, at the time the proposal is submitted to the Authority, including a reasonable item for potential change orders in the execution of a project, exceeds fifty-five million dollars ($55,000,000) but does not exceed one hundred million dollars ($100,000,000), the Board of Directors of the Authority may carry out a preliminary evaluation of the project and determine whether a Partnership Committee would be created in accordance with subsection (a) of this section, or the project shall be submitted to the Standing Committee on Small Scale Projects in accordance with subsection (b) of this section. The decision of the Board of Directors to such effect shall be duly grounded in writing.
(d) Functions of the Partnership Committee.— The Partnership Committee shall have the following functions:
(1) To approve documents as required by the procedures for qualification, the request for proposals, the evaluation and selection for the partnership.
(2) To evaluate potential contractors and pre-qualify those most suitable to participate as proponents.
(3) To evaluate the proposals submitted and select that which is or those which are best in each case, pursuant to the procedures provided in this chapter.
(4) To engage in or supervise the negotiation of the terms and conditions of the partnership contract.
(5) To contract on behalf of the Authority or request that the Bank contract advisors, experts or consultants with the knowledge necessary to assist the Partnership Committee and the Authority in the adequate discharge of its functions.
(6) To keep a book of minutes.
(7) To prepare a report on the entire procedure leading to the establishment of a partnership, including a copy of the studies set forth in § 2606(b) of this title; a description of the government objectives and social welfare goals of the partnerships; details of the process of pre-qualification of suitable proponents, of the requests for proposals, and of the selection of the proposal and the chosen proponent; the reasons for which a particular proponent was chosen; and a summary of the most important aspects of the partnership contract. This report shall be submitted for the approval of the Board of Directors of the partnering government entity. In the case of partnering government entities with no Board of Directors, said report shall be submitted to the head of the entity or to the Secretary of the Department to which such partnering government entity is attached, to the Board of Directors of the Authority, and to the Governor or the executive official onto whom he/she delegates. Furthermore, this report shall be filed with the Office of the Clerk of the House and the Secretary of the Senate, as provided for in this chapter. Likewise, this report shall be published over the Internet.
(8) To oversee proper compliance with the regulations and procedures established for the negotiation and award of partnership contracts.
(9) Whenever deemed convenient, the Partnership Committee may establish one (1) or various technical evaluation committees to provide technical or specialized assistance and advice to the Partnership Committee.
History —June 8, 2009, No. 29, § 8; Dec. 19, 2014, No. 237, § 5.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-v/chapter-91/2608/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART V - Regulation of Public Services (§§ 2601 — 2641)›Chapter 91 - Public-Private Partnerships Act (§§ 2601 — 2623)›§ 2608 - Procedure for the selection of proponents and award of partnerships
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART V - Regulation of Public Services (§§ 2601 — 2641) › Chapter 91 - Public-Private Partnerships Act (§§ 2601 — 2623) › § 2608 - Procedure for the selection of proponents and award of partnerships
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(a) Applicable requirements and conditions for those who wish to be considered as proponents.— Any proponent who wishes to be contracted for a partnership must meet the following requirements and conditions, in addition to such requirements as provided in the request for qualification or in the request for proposals designed for such partnership, which may by no means impair fair competition and the public interest, to wit:
(1) When executing a partnership contract, the proponent shall be a person authorized to do business in the Commonwealth of Puerto Rico.
(2) The proponent shall have available such corporate or equity capital or securities or other financial resources that, in the judgment of the Authority and the Partnership Committee, are necessary for the proper operation of the partnership.
(3) The proponent shall have a good reputation and the managerial, organizational and technical capacities, as well as the experience, to develop and administer the partnership.
(4) The proponent shall certify that neither he or she, and in the case of a juridical person, its directors or officers, and in the case of a private corporation, the bondholders with direct or substantial control over the corporate policy, and in the case of a partnership, its partners, and in the case of natural or juridical persons, any other natural or juridical person that is the alter ego or the passive economic agent thereof, have been formally convicted for acts of corruption, including any of the crimes listed in §§ 928 et seq. of Title 3, whether in Puerto Rico or in any jurisdiction of the United States of America or in any foreign country. Likewise, the proponent shall certify that the latter complies and shall continue to comply at all times with laws which prohibit corruption or regulate crimes against public functions or funds, as may apply to the proponent, whether federal or state statutes, including the Foreign Corrupt Practices Act.
(b) Procedure for selection and award.—
(1) To select proponents to enter into a partnership, the Authority must use, firstly, a procedure for requests for proposals based on qualifications or the best value in proposals or both, and shall be so recorded in the request for proposals. Once the Authority completes the proponent qualification procedures, the Authority shall proceed with the proposal evaluation and selection procedures.
(2) Without this being construed as a limitation to the provisions in clause (1) of this subsection (b), the Authority may negotiate partnership contracts without abiding by the procedures for requests for proposals in the following cases: (A) when there is only one source capable of providing the service required, such as services that require the use of intellectual property, trade secrets or other licenses or rights which only certain persons own or hold exclusively; and (B) when a call to any pre-qualification procedure or any request for proposals conducted pursuant to the provisions of § 2605(b)(1) of this title has been issued and there has been no participation or response, or the proposals submitted have failed substantially to meet the evaluation requirements provided for in the request for proposals, and if, in the judgment of the Authority, issuing a new request for qualification and for proposals would cause such a delay that it would render the possibility of selecting a proponent and executing a partnership contract within the timeframe required, highly unlikely. In the cases mentioned in paragraphs (A) and (B) of this clause, before executing a partnership contract, notice must be given to the Joint Committee on Public-Private Partnerships of the Legislative Assembly, created in this chapter, for the appropriate action.
Without limiting the generality of the provisions of the preceding paragraph of this clause, in the case of small scale projects, the Authority shall also be authorized to receive and consider unsolicited or voluntary proposals. An unsolicited or voluntary proposal shall include, at least: (1) an outline or summary of the proposal; (2) a description of how the proposal satisfies a government need; (3) the particular aspects of the proposal that differentiate it from other proposals or the traditional way of developing the proposed project; (4) the support required from the public sector and the direct and indirect costs of the project, including the cost of capital; (5) the financial viability, including but not limited to, the financial capacity of the proponent, the identified or suggested financing mechanisms, the sources of repayment or income related to the proposed function, service or facility object of the proposal; (6) the commercial aspects of the project; (7) the anticipated benefits for the public sector, including why the proposal is in the public’s best interest; (8) the proposed method for developing the project; and (9) the intellectual property, if any. An unsolicited or voluntary proposal must be accompanied by a non-refundable evaluation fee of five thousand dollars ($5,000) payable to the Authority; Provided, That, to the extent said proposal results in the development of the proposed project, the Board may, in its sole discretion, credit said amounts to any payment required from the Proponent or may return to the Proponent fifty percent (50%) of said amounts if the Proponent is not selected to develop the project.
The Authority shall receive all unsolicited or voluntary proposals and refer them to the Standing Committee on Small Scale Projects. The Standing Committee on Small Scale Projects shall preliminarily evaluate unsolicited or voluntary proposals within a term of sixty (60) days, which term may be extended for an additional sixty (60) days.
Once the evaluation period has concluded, within a term not to exceed ten (10) business days, the Authority shall, acting in accordance with the determination of the Standing Committee on Small Scale Projects, inform the voluntary proponent whether the proposed project is considered as potentially beneficial to the public interest. If the project is considered as potentially beneficial to the public interest, the Authority shall instruct the voluntary proponent to submit, to the extent not already submitted, as much information as may be reasonably obtained regarding the proposed project, to allow the Standing Committee on Small Scale Projects to fully evaluate the qualifications of the voluntary proponent and the technical and economic feasibility of said project, as well as determine whether the project may be successfully implemented. Said additional information may include any technical and economic feasibility studies, environmental studies or information regarding the concept or technology contemplated in the proposal. When considering a voluntary proposal, the Authority and the Standing Committee on Small Scale Projects must observe the confidentiality of any intellectual property, trade secrets, and any exclusive rights, that arise from, or are referred to, in the voluntary proposal. The Standing Committee on Small Scale Projects shall not use the information submitted by or on behalf of the voluntary proponent relating to, or as a part of its voluntary proposal, for purposes other than the evaluation and study of said proposal, unless the proponent consents to other uses. In addition, unless the parties agree otherwise, the Standing Committee on Small Scale Projects shall return to the voluntary proponent the original and the copies of any documents furnished as part of the submitted proposal if said proposal is rejected by the Standing Committee on Small Scale Projects.
If the Standing Committee on Small Scale Projects decides to promote and implement the project received by means of an unsolicited proposal, the Authority may initiate a selection process in accordance with Section 9(b)(i), if: (1) it determines that the project may be completed without using intellectual property, trade secrets or proprietary or exclusive rights or licenses held by the voluntary Proponent, or (2) the proposed technology or concept is not innovative. The voluntary Proponent shall be invited to participate in the competitive selection process initiated, and shall be given advantage or other benefit in the selection process, as stated by the Standing Committee on Small Scale Projects in the request for proposals, in consideration of its development and submittal of the initial voluntary proposal. If the Standing Committee on Small Scale Projects determines that the conditions specified in clauses (1) and (2) of the preceding sentence are not present and/or there are reasons that justify such action, as determined by the Authority’s Board, the Standing Committee on Small Scale Projects shall not be required to carry out a selection process under clause (1) of this subsection, but must gather information to have all the elements necessary to evaluate the voluntary proposal in accordance with subsection (c). In said cases, the Standing Committee on Small Scale Projects shall also informally verify whether other parties are interested in presenting similar or comparable proposals. To such effect, the Authority shall publish on its webpage a description of the essential elements of the voluntary proposal along with a request to other interested parties to submit informal proposals within the timeframe established therein by the Standing Committee on Small Scale Projects, and shall publish a notice in a newspaper of general circulation notifying said publication. If the Committee on Small Scale Projects does not receive additional proposals within the timeframe established in the notice of request for proposals, it may initiate negotiations with the original voluntary proponent directly in accordance with the parameters previously established by the Standing Committee on Small Scale Projects. If the Standing Committee on Small Scale Projects receives proposals as a result of the request referred to in this paragraph, the Authority shall request the voluntary Proponent, as well as those parties that answered the notice and meet the standards and criteria specified in said notice, to submit proposals pursuant to clause (1) of this subsection, subject to any incentive or other benefit granted to the voluntary proponent for its development and submittal of the initial voluntary proposal, in accordance with the parameters established by the Standing Committee on Small Scale Projects.
(3) The details of the procedures for calling, qualifying, evaluating, negotiating with, and selecting proponents and granting partnership contracts shall be established through regulations approved to such effects or under the terms of the request for proposals. These methods and procedures shall be aimed at guaranteeing the participation of the greatest number of potential proponents who comply with the appropriate qualifications as determined by the Authority, as well as at protecting and ensuring equal conditions of all participants in competition. The Authority shall impose requirements such as bonds, letters of credit or similar collateral as a previous requirement for participating in the procedures, with the purpose of ensuring compliance by the proponent with procedural requirements, signing the partnership contract if such proponent should be selected, and all other conditions as may be provided by the Authority by regulation or on the request for proposals. Furthermore, the regulation or the request for proposal shall fix the amount of the bond and the circumstances under which the proponent shall lose such bond. The Authority may also provide on the request for proposals that, based on the proposals received, the Authority may decide to divide the function, service or installation (be it the operation, building or improvement thereof) considered under the procedure to grant the same to two (2) or more proponents, if in its judgment, it should determine that doing so is the best option for the project or to serve the public interest.
Any proponents who submit proposals for partnership contracts shall assume the risk of paying for all expenses relative to the proponent pre-qualification procedure and the preparation and presentation of their proposals, as well as expenses incurred throughout the entire process of discussion and negotiation with the Partnership Committee, including the negotiation stage of any partnership contract, and the Authority shall not be responsible for any such expenses.
(c) Evaluation criteria.— Among the criteria to be included in the regulation or request for proposals adopted by the Authority to carry out the proponent selection procedure and the negotiation with the best proponent(s), without it being construed as a limitation or that the order herein provided determines their importance, are the following:
(1) The reputation, the commercial or financial, technical and professional capacities and the experience of the proponent.
(2) An update of a certification attesting that neither the proponent, and in the case of a juridical person, its directors or officials, and in the case of a private corporation, the bondholders with direct or substantial control over the corporate policy, and in the case of a partnership, its partners, and in the case of natural or juridical persons, any other natural or juridical person that is the alter ego or the passive economic agent thereof, have been formally convicted for acts of corruption, including any of the crimes listed in §§ 928 et seq. of Title 3, whether in Puerto Rico, in any jurisdiction of the United States of America or in any foreign country and under the Foreign Corrupt Practices Act.
(3) In projects with building elements, whether newly built structures or improvements to existing infrastructure, the quality of the proposal submitted by the proponent in connection with, among others, aspects such as design, engineering, and estimated or guaranteed building time and the previous experience of proponents in building similar projects.
(4) The capital which the proponent has pledged for the project, the recovery time, and yield requirements for such capital.
(5) The financing plans of the proponent and the financial capacity thereof to carry out such plans.
(6) The economic and financial feasibility of the project, as well as the results of the environmental studies conducted to determine the feasibility and convenience of a partnership, as established in § 2606(b)(9) of this title.
(7) The fees that the proponent intends to charge and the conditions under which such fees would be adjusted, as well as the projected net income flow, the cost of the capital used by the proponent, the internal rate of return of the project and its net present value.
(8) The income to be received by the partnering government entity or the financial or other kinds of contributions to be made by the partnering government entity under the partnership contract.
(9) The terms of the contract with the partnering government entity that the proponent pledges to accept.
(10) The commitments or the priorities that the contractor is willing to establish in order to hire employees from the partnering government entity affected by the partnership, as well as the risk to be assumed by the contractor.
(11) Any other criterion that, in the judgment of the Authority or the Partnership Committee, is appropriate or necessary to award the partnership contract proposed.
(d) Consortia.— The Authority may allow and indicate in the documents pertaining to requests for qualifications or for proposals that the prospective proponents present their proposals jointly under consortia. The information required from the members of such consortia so as to prove their capabilities to be qualified as required under this chapter or as provided for under the request for qualifications shall be submitted by such consortia describing the identity of the members of the proposing consortia and their joint capabilities, as well as the individual capabilities of each of their members. Except if otherwise provided for in the request for qualifications, no member of a proposing consortium may participate, whether directly or indirectly, in more than one consortium for the same project. Unless otherwise provided, any violation of this provision shall disqualify the consortium and its members individually. When evaluating the qualifications of a consortium, the Authority shall take into account the capabilities of each of the members of such consortium and evaluate whether the combination of capabilities of such members is suitable to comply with all phases of the proposed project. The Authority shall be entitled to condition the selection of certain proponents or consortia to the joining of such proponents or consortia in presenting a joint proposal when, based on the qualifications of individual proponents or consortia, the Authority determines that:
(1) Such action better serves the public interest, or
(2) the evaluation criteria set forth in subsection (c) of this section are better met if such action is taken.
(e) Approval by the Partnership Committee.— The Partnership Committee shall approve such proposal or proposals that, in its discretion, better meet(s) the criteria established by this chapter and by the Authority, pursuant to the applicable regulations or request for proposals, and it shall also determine whether further negotiations are in order or not.
(f) Negotiation of the partnership contract.— After selecting a proposal for a partnership, or as part of the procedures for such selection, the Partnership Committee or any delegate under its supervision shall negotiate the terms and conditions of the Partnership Committee with the proponent or proponents thus selected when in order, insofar as such terms and conditions have not been a part of the requirements specified in the request for proposals upon which such proponents were to base their proposals for submittal. When the Partnership Committee so deems appropriate, more than one proponent may be selected to negotiate the terms and conditions of the partnership contract and to conduct the negotiations concurrently. The delegate or delegates of the Partnership Committee with the authority to negotiate the partnership contract with the proponent or proponents shall be executives from the Authority, the Bank or the partnering government entity appointed by the Partnership Committee for such purposes, provided that the responsibility of approving the terms and conditions of the partnership contract remains exclusively with the Partnership Committee. Likewise, the delegate or delegates may contract experts, advisors or consultants to provide assistance in the selection procedure.
(g) Approval of the partnership contract; preparation of the report.—
(1) Upon completion of the negotiation for the partnership contract, the Partnership Committee shall prepare a report, which shall include the reasons for entering into a partnership, the reasons for selecting the chosen proponent, a description of the procedure followed, including comparisons between the proponent and the partnership contract recommended and other proposals presented, as well as all other information pertinent to the procedure followed and the evaluation conducted.
(2) The report shall be presented for the approval of the Board of Directors of the Authority and the Board of Directors of the partnering government entity or the head of the entity or the Secretary of the Department to which the same is attached, not later than thirty (30) days after completion of the negotiation of the partnership contract. Once such contract is final, a copy of the report shall be filed with the Secretary of the Senate and the Clerk of the House of Representatives. Likewise, this report shall be published over the Internet.
(3) The Board of Directors of the Authority and of the partnering government entity, or in the event there is no Board of Directors, the head of the entity or the Secretary of the Department to which the same is attached, must approve the report and the partnership contract through a resolution if there is a Board of Directors, or through an administrative order in the case of a Secretary or a head of agency. Such resolutions or administrative orders shall contain their agreement to or denial of that which the Partnership Committee has presented and recommended, together with the grounds for such determination. The mere approval of the report and the partnership contract by the government entity and the Board of Directors of the Authority does not confer the right to claim indemnity, refund, or any payment whatsoever on account of expectations arisen in any of its stages, or for expenses incurred during the qualification or proposal presentation procedures.
(4) Upon approval of the report and the partnership contract by both Boards of Directors (or the Secretary or head of agency), the report and the partnership contract shall be submitted to the Governor or the executive officer to whom he delegates for approval. The report submitted for the approval of the Governor or the executive officer to whom he delegates shall include the recommendation of the Bank on the use of funds derived from the partnership contract pursuant to the provisions of § 2616 of this title, if any. The Governor may delegate the power to approve the partnership contract to an executive officer by means of an Executive Order, but shall not delegate the power to approve the use of funds. The Governor or the person to whom he delegates and who shall never be a member of the Board of Directors of the Authority or of the Partnership Committee that intervened in the contract, shall have full discretion to approve the report of the Partnership Committee and the partnership contract. In the case of small scale projects, upon approval of the report and the partnership contract by both Boards of Directors (or the Secretary or head of agency), the contract shall be deemed to be ready to be executed by the parties thereto, unless said contract requires the approval of the Governor, by constitutional mandate, in which case, the process established above for all other partnership contracts shall be followed.
(5) Upon receiving the report from the Partnership Committee and the partnership contract, the Governor or the executive official onto whom he/she delegates shall have thirty (30) days to approve or deny the same in writing; Provided, That if such report and partnership contract are not approved during said term, these shall be deemed to be denied. If the Governor were to approve the partnership contract, the same shall be deemed to have been perfected when the parties, that is, the selected proponent and the partnering government entity, sign such contract.
(6) After the Governor or the executive officer to whom he delegates has approved the partnership contract, or in the case of small scale projects that do not require the approval of the Governor, once the report and the partnership contract are approved by both Boards of Directors (or the Secretary or head of agency), the Authority shall give written notice to all other proponents of the fact that their proposals have not been accepted, shall disclose the identity of the proponent thus selected and indicate to the proponents that they shall have access to the Authority record that pertains to the selection procedure and the award of the partnership contract. The Authority shall make available to the proponents who so request a copy of their official record to be examined at the facilities of the Authority. Proponents that were not selected may request judicial review of said determination, subject to the conditions and procedures provided in § 2619 of this title.
(7) In the event a partnership contract is approved, the same shall be signed at the risk of the contractor by the person onto whom the Board of Directors of the partnering government entity delegates such task, if a public corporation, or the Secretary or head of the partnering government entity on behalf of the Commonwealth, if an agency of instrumentality of the Central Government.
(8) Upon issue of the approval by the Governor or the executive official onto whom he/she delegates, the report prepared by the Partnership Committee shall be filed with the Office of both the Secretary of the Senate and the Clerk of the House of Representatives.
(9) As to the use of funds, if any should be derived from the partnership contract under consideration, the provisions of § 2616 of this title shall be observed.
(h) Judicial review.— The elimination of a petitioner by the Partnership Committee during the procedures governing the requests for qualification and the award of the partnership contract to a proponent shall be subject to the judicial review procedures provided for in § 2619 of this title. The award of a partnership contract to a proponent shall be subject to judicial review only when such contract has been approved by the Governor or the official onto whom he/she delegates.
(i) Confidentiality.— In the course of the procedures for the evaluation and selection of and negotiation with proponents, the confidentiality of the information furnished and generated in connection with such procedures for the evaluation, selection, negotiation and grant of the proposals and the partnership contract shall be governed by the confidentiality criteria established by the Authority. The information regarding such procedures, as well as the information submitted by the proponents, shall be disclosed upon approval of the partnership contract by the Governor or the executive official onto whom he/she delegates, except for such information which constitutes (1) a trade secret, (2) proprietary information or (3) privileged or confidential information of either the proponents who participated or the Authority. In cases in which there is the intent to have any information considered as a trade secret or as privileged information, proponents must identify and mark such information in their proposals as “confidential”, and shall present a request together with the proposal in order for the Partnership Committee to make a determination of confidentiality. Once the Partnership Committee determines that such information meets the criteria of this section, such information shall be deemed to be confidential under the provisions of this chapter and such special laws which protect trade secrets and proprietary, privileged or confidential information, and such information may not be disclosed to other proponents or to third parties, except if otherwise provided in this chapter and other applicable special laws. Such confidential or privileged information of the Authority shall be identified and marked as such by the Authority when received or generated. The report to be prepared by the Partnership Committee and to be submitted to the boards of directors and to the secretaries or heads of partnering government entities concerned, as well as to the Governor and to the Legislature, shall not contain confidential information. If so required, the boards of directors, the secretaries or the heads of the partnering government entities concerned or the Governor, based on the need of evaluating the information to make a determination as to the report and the contract, separate access to such confidential information shall be provided insofar as appropriate measures are taken to protect confidential information and consent is obtained from the party to whom the information belongs.
(j) Publicity.— The Authority shall at least grant public access as provided hereinbelow to the following documents: the study on desirability and convenience in connection with a partnership; the documents generated by the Authority to request qualifications and to request proposals in connection with a partnership; and the report prepared for the Partnership Committee, by publishing the same on their webpage and in a newspaper of general circulation, as per the rules established in this chapter or in the regulation of the Authority, as well as any other document or report as set forth in this chapter. The Authority may publish as provided above any other document that, in its full discretion, it may deem pertinent. The foregoing shall not be interpreted as to impair the rights of citizens to access public information and the Authority shall make such information available for public review. However, the Authority may not publish or disclose information deemed to be confidential under the provisions of subsection (i) of this section or any such information whose publication or disclosure could affect the proponent selection process.
History —June 8, 2009, No. 29, § 9; Dec. 27, 2013, No. 173, § 1; Dec. 19, 2014, No. 237, § 6.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-v/chapter-91/2609/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART V - Regulation of Public Services (§§ 2601 — 2641)›Chapter 91 - Public-Private Partnerships Act (§§ 2601 — 2623)›§ 2609 - Partnership contract
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART V - Regulation of Public Services (§§ 2601 — 2641) › Chapter 91 - Public-Private Partnerships Act (§§ 2601 — 2623) › § 2609 - Partnership contract
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(a) Required terms and conditions.— A partnership contract executed under the provisions of this chapter shall contain, insofar as applicable, provisions concerning:
(1) A definition and description of the services to be rendered, the function to be discharged or the facility to be developed or improved by the selected proponent.
(2) In the case of new facilities or repairs, replacements or improvements to existing facilities, the plan for the financing, development, design, building, rebuilding, repair, replacement, improvement, maintenance, operation or administration of the facility.
(3) The term for the partnership, which in the case of grants, may not exceed the term provided for in subsection (e) of this section.
(4) The kind of right, if any, that the selected proponent or the partnering government entity or both shall have over income or any portion thereof, in connection with the function, service or facility under the partnership or any real property included as part of the partnership.
(5) The contractual rights and the mechanisms available to the partnering government entity to assure compliance by the selected proponent with the conditions of the partnership contract, including but not limited to compliance with quality standards set for the function or service under the partnership or adequate maintenance of the facility under the partnership or compliance with the approved design and other standards for building, repair or improvement projects or to ascertain compliance by the proponent with its obligations under the partnership contract.
(6) In the case of partnership contracts whereby the proponent shall fix, impose and charge fees to citizens or to the partnering government entity for rendering a service or discharging a function or for the use of a facility: (A) the right that the selected proponent shall have, if any, to determine, impose, and charge fees, rental fees, rates and any other kind of charge for rendering such service or discharging such function or for the use of such facility, (B) the contractual limitations and conditions with which the proponent must comply in order to alter or modify such fees, rental fees, rates or charges, and (C) the mechanisms available to the partnering government entity to ensure that the proponent complies with such limitations and conditions. It may also be provided that the adjustments in prices, rental fees, charges or rates may be computed (1) on the basis of fixed adjustment amounts previously agreed in the partnership agreement or (2) by price units as specified in the partnership contract or (3) on the basis of costs that are attributable to the circumstances which have lead to the adjustment as provided for in the partnership contract or (4) in such other way as the parties mutually agree. The partnership contract may also provide that, in cases in which there is no discrepancy and in which adjusting prices, rental fees, rates or charges is in order, but there is no agreement as to how to determine the adjustment amount, the Authority may be the entity that determines the adjustment amounts that are in order. The contractual limitations and conditions regarding the adjustment of prices, rates, rental fees, and charges negotiated between the parties shall take into account any previous commitment with bondholders and other creditors of the partnering government entity whose debt remains effective throughout the duration of the partnership contract.
It shall also contain the mechanisms and procedures to be used by the partnering government entity to resolve and adjudicate controversies and complaints from the citizens regarding the service, function or facility object of the public-private alliance. The Authority shall likewise have the obligation to conduct an external audit on the compliance with the partnership contract every five (5) years or before, when it is deemed necessary, during the term of the thereof. A copy of the audit report shall be presented before the Office of the Secretary and of the Clerk of both Legislative Bodies.
(7) The obligation to comply with applicable federal and local laws.
(8) The causes for terminating the partnership contract, as well as the rights and remedies available in cases of the noncompliance or the delay in the compliance of obligations under the partnership contract by both the partnering government entity and the selected proponent; Provided, That:
(A) The partnering government entity shall not be responsible for unforeseeable, special, indirect or punitive damages, and
(B) the unilateral authority to terminate a contract for reason of convenience (or for any other reason) shall not apply to partnership contracts simply by providing notice thirty (30) days in advance, but rather, such terms and conditions as the parties may have agreed and entered into the partnership contract shall apply to the termination for reason of convenience or for any other reason.
(9) Nonbinding informal proceedings to hear allegations by the parties as to breach or interpretation of contract, which proceeding may provide for the Board of Directors of the Authority and the partnering government entity, or the delegates thereof, and the equivalent governing body of the contractor, or the delegates thereof, to meet to discuss their discrepancies and try to settle these before resorting to such formal methods for the settlement of disputes as they may have agreed.
(10) The procedures and rules for amending or assigning the partnership contract.
(11) The rights concerning inspections by the Authority and the partnering government entity or any independent engineer of the parties or the creditors of the project for the building or repair of or improvements to the facility, as well as the operational compliance under the terms and conditions agreed to under the partnership contract.
(12) The requirements for obtaining and maintaining all such insurance policies as required by law and such other additional policies as the Authority, in its judgment, deems to be necessary for the partnership contract.
(13) The requirement for the selected proponent to periodically file audited financial statements with the Authority or the partnering government entity or with such other entity as the parties may agree.
(14) The requirement for the selected proponent to file such other report in connection with services, functions or facilities under the partnership as may be requested by the partnering government entity or the Authority.
(15) The circumstances under which the partnership contract may be modified in order to maintain a financial balance between the parties, as well as the provisions on noncompliance and the remedies allowed in such cases, including the imposition of penalties, fines and such other circumstances as the parties may agree under the partnership contract. The partnership contract shall likewise contain a provision on sanctions for breach thereof and shall include the following clauses:
(A) All contractors shall be subject to the provisions of §§ 1755 et seq. of Title 3, “Code of Ethics for Contractors, Suppliers and Applicants for Economic Incentives of the Executive Agencies of the Commonwealth of Puerto Rico”.
(B) The breach of a partnership contract by the contractor could be sufficient cause for the government entity to claim damages caused to the public treasury.
(C) Every contractor who fails to comply with the partnership contract and whose noncompliance causes the termination of said contract, shall be disqualified from contracting with any other government entity for a period of ten (10) years, counting from the date in which the termination of the contract is complied with by the contracting party or is declared final and binding by a court or forum with jurisdiction.
(D) The sanctions imposed by this chapter shall not exclude any other sanction that could be established by the parties in the partnership contract or established in this chapter.
(16) The terms and conditions related to the transfer of the goods or service object of the partnership contract, once said contract has been terminated.
(17) The kind of bond or security to ensure compliance with the partnership contract.
(18) The provision establishing that the partnership contract shall be governed by the laws of the Commonwealth of Puerto Rico.
(19) All clauses, conditions and laws that govern partnership contracts shall be binding and demandable for all parties from the creation to the term of the partnership contract. Therefore, any change or transfer of the rights of a contractor to a third party with respect to the rights of the contractor shall make this third party a successor contractor and shall have the same responsibilities and benefits of the original contractor, and shall also comply with the requirement of a qualifies and selected proponent. The change in contractor shall not be considered a novation of any type whatsoever to demand changes or the extinction of the clauses of the contract. If the successor contractor requests a change in the partnership contract, it shall be submitted to and approved by the Board of the Authority.
(b) Additional terms and conditions.— A partnership contract executed under provisions of this chapter shall also provide for the following:
(1) The review and approval by the partnering government entity, within the term of effectiveness of the partnership contract, of the selected proponent’s plans for developing and operating the facility, rendering the service or discharging the function.
(2) The financing obligations of the selected proponent and the partnering government entity.
(3) The distribution of expenses between the selected proponent and the partnering government entity.
(4) The rights to acquire or convey ownership over intellectual property created or developed by the contractor or the partnering government entity or both during the term of the partnership contract and the compensations required, if any, for conveying or retaining such rights over intellectual property.
(5) A clause through which each contracting party makes a commitment to defend and indemnify the other party for any claim caused by its own acts or omission.
(6) The conditions under which income derived from a service, function or facility is to be shared in the event that such income exceeds the projected income by the parties to the partnership contract.
(7) The settlement of disputes between the contracting parties by means of alternate methods, such as commercial mediation and arbitration.
(8) Subject to the limitations of subsection (a)(8)(A) of this section, damages as applicable under certain circumstances, such as payable specific or liquid damages in cases of termination without just cause or delays in building, if applicable.
(9) Provisions on extensions to the partnership contract within the limits allowed under subsection (e) of this section.
(10) Provisions on compliance with those norms and regulations on public safety and transportation established by Public Service Commission that are applicable to the activities object of the partnership contract.
(11) Any other term or condition as the Partnership Committee may deem appropriate.
(c) Exemption from procedures to fix rates.— A contractor who, under the partnership contract, is empowered to assess, fix, alter, impose and charge fees, rental fees, rates, and any other kind of charges for rendering the service or discharging the function, or for building, repairing, improving or using the facilities, pursuant to the provisions of the partnership contract, needs not meet the requirements imposed on a government entity under its organic act or the pertinent special laws to raise or lower such fees, rental fees, rates or charges. The contractor shall comply with any provision on the procedures for changes in rates which shall be included in the partnership contract, excepting the provisions of subsection (b)(10) of this section.
(d) Contract oversight.— The Authority, with the assistance of the partnering government entity and the Bank, shall oversee the performance and compliance of the contractor under the partnership contract. To such effect, the Authority shall render to the Governor of Puerto Rico and the Legislature, an annual report on the development of projects and the compliance by contractors of the partnership contracts in effect.
(e) Term of partnership contract.— The term of a partnership contract executed under this chapter shall be that which the Authority deems shall serve the best interests of the People of Puerto Rico, but in no case shall such term exceed fifty (50) years; however, upon evaluation of its merits and efficiency and effectiveness results, such partnership contracts may be extended for successive terms which collectively do not exceed twenty-five (25) additional years, as the Authority, the partnering government entity, and the Governor or the executive official on whom he/she delegates, may determine. Said extension must be approved by legislation.
(f) Nontransferable obligations of the partnering government entity.— It is hereby provided, that the contractor under a partnership contract neither assumes nor is responsible for any existing obligations or debts of the partnering government entity, unless the partnership contract expressly provides that the contractor is indeed assuming or is responsible for the same. Furthermore, the contractor shall not be responsible for the obligations concerning the merits, time and service accrued by employees of the partnering government entity that the contractor agrees to hire at the time of executing the partnership contract, nor for any other obligation of such partnering government entity with such employees, except for such obligations and responsibilities as the contractor may assume expressly under the partnership contract. In the event that the contractor does not agree to assume the cost of the obligations referred to in the above sentence, the partnering government entity shall assume the costs of liquidating such obligations.
(g) Inapplicability of prohibition on employee transfers.— In the case of a partnering government entity that during the fiscal year in which the same executes a partnership contract or in any preceding fiscal year has or has had an operational deficit, or which is or was in a fiscal situation that is or has been certified by the Bank as a precarious fiscal situation, such partnering government entity shall be exempted from the application of, and no labor contract clause shall have any force or effect that prohibits the transfer to the contractor of any function, service or facility of such partnering government entity or on the transfer of employees of the latter who are assigned these functions, services or facilities, and such clause shall not prevent such transfers from being made as a result of the establishment of a public-private partnership. In the event that such prohibition exists and is rendered ineffective, the Authority shall require that the contractor, in the course of the procedures for selecting the persons who shall work with the contractor, the latter guarantee that he/she shall give preferential treatment to employees of the partnering government entity who shall be affected by the establishment of the partnership and who shall not be transferred to other positions within the partnering government entity or other government agencies. Said employees shall be exempted from the restrictions for acts of former public servants included in the Ethics in Government Act, §§ 1854 et seq. of Title 3. The parties shall implement a displaced employees transition plan for other employments and retraining, whose cost shall be defrayed in equal parts by the contracting parties.
Every public employee who is a participant of the following retirement systems of the Government of Puerto Rico, §§ 761 et seq. of Title 3, known as the “Commonwealth of Puerto Rico Employees Retirement System Act”; Act No. 91 of March 29, 2004, known as the “Commonwealth of Puerto Rico Teacher’s Retirement System Organic Act”; §§ 233 et seq. of Title 4, known as the “Judicature Retirement Act”; §§ 601 et seq. of Title 18, known as the “University of Puerto Rico Act”, the Electric Power Authority Employees Retirement System approved by the Board of Directors of the Authority through the approval of Resolution 200 of June 25, 1945, who has ten (10) years or more of service accumulated and is part of a partnership, shall maintain the vested rights under said system and may continue to make his/her individual contribution to the retirement System, and his/her new employer shall make its employer contribution. Provided, That the beneficiaries of Act No. 305 of December 31, 1999 [sic], are excluded.
In the case that the new employer has its own Retirement System and the employee chooses to avail him/herself of the same, the transfer of the total contributions shall be allowed, without the employee having to pay taxes for the contributions transferred.
No system, that is to say, the system of the University of Puerto Rico, of the Electric Power Authority, the Teacher’s Retirement System or the Employees Retirement Systems of the Government and the Judicature may interfere with the faithful compliance of this section.
History —June 8, 2009, No. 29, § 10.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-v/chapter-91/2610/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART V - Regulation of Public Services (§§ 2601 — 2641)›Chapter 91 - Public-Private Partnerships Act (§§ 2601 — 2623)›§ 2610 - Federal funds and other sources
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART V - Regulation of Public Services (§§ 2601 — 2641) › Chapter 91 - Public-Private Partnerships Act (§§ 2601 — 2623) › § 2610 - Federal funds and other sources
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The partnering government entity or the Authority may accept discretionary funds available in the federal government of the United States of America and its agencies to further the purposes of this chapter, be it through loans, securities or any other kind of financial aid. The Commonwealth of Puerto Rico shall comply with any requirement, condition or term of any federal funds accepted by the partnering government entity or the Authority. The partnering government entity or the Authority may execute contracts and other agreements with the federal government of the United States of America or any of its agencies as necessary to carry out the purposes of this chapter. Furthermore, the partnering government entity and the Authority may accept any donation, gift or any other conveyance of land, money, other kinds of real or personal property or any other valuable provided to the partnering government entity or the Authority to carry out the purposes of this chapter. Any partnership contract in connection with a service, function or facility may be financed in whole or in part through funding or other contributions by any person or partnering government entity that is a party to a partnership contract. The partnering government entity may combine federal, local and private funds or other resources to finance a partnership contract under this chapter.
History —June 8, 2009, No. 29, § 11.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-v/chapter-91/2611/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART V - Regulation of Public Services (§§ 2601 — 2641)›Chapter 91 - Public-Private Partnerships Act (§§ 2601 — 2623)›§ 2611 - Tax liability and benefits
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART V - Regulation of Public Services (§§ 2601 — 2641) › Chapter 91 - Public-Private Partnerships Act (§§ 2601 — 2623) › § 2611 - Tax liability and benefits
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(a) Tax liability.— The following kinds of property shall be exempted from any tax on real or personal property levied by the Government, its agencies, public corporations, municipal entity and instrumentalities and any political subdivision thereof for the term and at the percentages established by the Authority under the partnership contract: (i) the facility; (ii) the property used exclusively in or for the facility or for the services or functions that (A) belongs to the partnering government entity and is leased, licensed, financed or otherwise made available to the contractor, (B) is acquired, built or owned by the partnering government entity and is made available to the contractor. The contractors and the municipal governments may establish payment agreements or exemptions for municipal license fees, excise taxes or municipal taxes pursuant to the provisions of §§ 4001 et seq. of Title 21, known as the “Commonwealth of Puerto Rico Autonomous Municipalities Act”. The contractors in a partnership established under this chapter shall be subject to a fixed income tax rate of ten percent (10%) over the net income derived from the operations provided in the partnership contract, calculated in accordance with the Puerto Rico Internal Revenue Code, as of the date of the beginning of the partnership’s operations, in lieu of any other income tax, if any, provided by this Code or by any other act. In the case of corporations or regular partnerships, the distribution of income to the shareholders or partners shall be subject to the tax levied by Section 1012(b) of the Puerto Rico Internal Revenue Code, as amended. It is further clarified that said special rate shall not be applicable nor shall it in any way alter the taxes levied bySections 1221 and 1231 of the Puerto Rico Internal Revenue Code. Neither shall it be subject to the surtax provided in Act No. 7 of March 9, 2009, the “Special Act to Declare a State of Fiscal Emergency and to Establish a Comprehensive Fiscal Stabilization Plan to Salvage the Credit of Puerto Rico”.
The contracting corporations and partnerships may choose to be treated, for tax purposes, pursuant to the provisions of Subchapter K of the Puerto Rico Internal Revenue Code, as amended. In this case, the shareholder of a special Contracting partnership shall be subject to a fixed income tax rate of twenty percent (20%) over the net income derived from the operations provided in the partnership contract. Said tax shall be withheld at source and deposited in the Department of the Treasury of Puerto Rico on or before the fifteenth day of the second month, after the end of the fiscal year of the special partnership. The provisions of Sections 6040 and 6041 of the Puerto Rico Internal Revenue Code, as amended, shall be applicable to the late payment of this tax. The special employee-owned corporations parties to a partnership contract may avail themselves of the benefits provided in Subchapter M of Chapter 3 of Subtitle A of Act No. 120 of October 31, 1994, as amended, better known as the “Puerto Rico Internal Revenue Act of 1994”. The participation of a nonprofit corporation in a partnership contract, regardless of the type of organizational or juridical structure under which it is organized, shall not affect its eligibility for the purpose of availing itself of the benefits of the Puerto Rico Internal Revenue Code provided for the type of particular entity or organization in question.
(b) Tax benefits.— A contractor under a partnership contract may not receive tax benefits provided for under the Economic Incentives Act for the Development of Puerto Rico, §§ 10641 et seq. of Title 13, for the activity covered under such contract.
History —June 8, 2009, No. 29, § 12.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-v/chapter-91/2612/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART V - Regulation of Public Services (§§ 2601 — 2641)›Chapter 91 - Public-Private Partnerships Act (§§ 2601 — 2623)›§ 2612 - Agreement of the Commonwealth of Puerto Rico
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART V - Regulation of Public Services (§§ 2601 — 2641) › Chapter 91 - Public-Private Partnerships Act (§§ 2601 — 2623) › § 2612 - Agreement of the Commonwealth of Puerto Rico
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The Government agrees and assures any person party to a partnership contract and the entities that finance such contracts, that the Government shall neither limit nor restrain the rights or powers conferred to the Authority and the partnering government entity or such others held by the partnering government entity under its Organic Act at the time of entering into the partnership contract.
History —June 8, 2009, No. 29, § 13.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-v/chapter-91/2613/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART V - Regulation of Public Services (§§ 2601 — 2641)›Chapter 91 - Public-Private Partnerships Act (§§ 2601 — 2623)›§ 2613 - Obligation observance assurances by partnering government entities under partnership contra...
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART V - Regulation of Public Services (§§ 2601 — 2641) › Chapter 91 - Public-Private Partnerships Act (§§ 2601 — 2623) › § 2613 - Obligation observance assurances by partnering government entities under partnership contracts
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The Bank is hereby authorized to design and implement any mechanism, method or instrument as the Bank may deem pertinent and appropriate, including, but not limited to, total or partial sureties, letters of assurance, letters of credit, and others to ensure compliance by the partnering government entity of its contract and financial obligations under the partnering contract. Any mechanism, method or instrument that the Bank may decide to implement in connection with a partnering contract, shall be subject to such terms and conditions that the Board of Directors of the Bank may determine and shall be previously recommended by the Director of the Office of Management and Budget and approved by the Governor or the executive official on whom he/she delegates. Amounts disbursed by the Bank under any such mechanism, method or instrument shall be annually repaid with the moneys available, if any, in the fund created for such purpose in § 2616 of this title. Insofar as such funds are not sufficient to repay all amounts paid or advanced by the Bank, the Director of the Office of Management and Budget shall include in the operating budgets of the Commonwealth of Puerto Rico submitted each year by the Governor to the Legislature, beginning in the fiscal year following the date on which the Bank made a disbursement under any mechanism, method or instrument and the moneys available in the fund created by § 2616(d) of this title have been depleted, such amounts as necessary to enable the Bank to recover principal and interest, except for public corporations or municipal entities, which shall respond with their own resources.
History —June 8, 2009, No. 29, § 14.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-v/chapter-91/2614/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART V - Regulation of Public Services (§§ 2601 — 2641)›Chapter 91 - Public-Private Partnerships Act (§§ 2601 — 2623)›§ 2614 - Lawsuits against the Commonwealth of Puerto Rico and partnering government entities
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART V - Regulation of Public Services (§§ 2601 — 2641) › Chapter 91 - Public-Private Partnerships Act (§§ 2601 — 2623) › § 2614 - Lawsuits against the Commonwealth of Puerto Rico and partnering government entities
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In partnership contracts by and between a contractor and a partnering government entity other than a public corporation or a municipal entity, such contractor is hereby authorized to file suit against the Commonwealth of Puerto Rico before the Court of First Instance of Puerto Rico in San Juan for civil actions, up to the maximum of the amounts or the unearned remainder thereof, as established in the partnership contract and on the grounds of claims that the contractor may have against such partnering government entity under such partnership contract, for which the limitations set forth in § 3077(c) of Title 32, “Claims and Lawsuits against the Commonwealth Act”, shall not apply; Provided, That the aggregate amount claimed may not exceed the extent of the damages set forth in the partnership contract, insofar as such extent complies with the provisions of this chapter. The civil action authorized herein shall comply with the procedures provided in the Claims and Lawsuits against the Commonwealth of Puerto Rico Act, and any procedure set forth in the partnership contract. No proponent shall be entitled to claim indemnity for damages against the Authority or a government entity under this chapter; likewise, no claims may be filed as top indemnity, reimbursement, or any payment whatsoever on account of expectations arisen at any of the stages conducive to the award of a partnership.
History —June 8, 2009, No. 29, § 15.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-v/chapter-91/2615/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART V - Regulation of Public Services (§§ 2601 — 2641)›Chapter 91 - Public-Private Partnerships Act (§§ 2601 — 2623)›§ 2615 - Indemnity of officials
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART V - Regulation of Public Services (§§ 2601 — 2641) › Chapter 91 - Public-Private Partnerships Act (§§ 2601 — 2623) › § 2615 - Indemnity of officials
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The members of the Board of Directors of the Authority, the Board of Directors of the partnering government entity (or the Secretary or head of a partnering government entity), the Board of Directors of the Bank, the members of the Partnership Committee, and the employees of the Authority or those assigned to it of the Bank and the partnering government entity with functions relative to the partnership, shall not be held civilly liable for any action or omission in the discharge of their duties, except when conduct which constitutes a crime or gross negligence is present. The provisions of this section shall continue in effect after termination of the partnership contract.
In the event a cause of civil or administrative action is instituted against any of the persons identified in the above paragraph, on the grounds of any action or omission of the same in connection with a partnership authorized under this chapter, said persons may request representation or indemnity by the Authority, and if the latter lacks the funds, by the Commonwealth of Puerto Rico pursuant to the provisions of this section for all defense expenses or for any payment of sentence imposed on them, insofar as the action on which a sentence is delivered does not constitute a crime or an instance of gross negligence.
History —June 8, 2009, No. 29, § 16.
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