P.R. Laws tit. 17, § 512

2019-02-20 00:00:00+00
§ 512. Administrative hearings

In case that, in accordance with this chapter, a hearing is required, same shall be held by the Construction Officer, his representative, or an examiner appointed by him for such purposes, in such manner permitting the parties to offer every evidence and to argue their case as extensively as the swiftest explanation of the matter may permit. The fundamental principles of the law of evidence shall be followed interpreted in the most liberal form and without being subject to technicalities.

In cases in which the hearing is held to discuss complaints, the person who carried out the preliminary investigation shall not preside over the same.

Any person may appear personally or through his attorney, interrogate witnesses and offer the evidence in his power to prove his case.

The Construction Officer or his duly appointed representative shall be empowered to issue summons requiring the appearance and testimonies of witnesses and presentation of documental evidence and to administer oaths for such purpose. The summons or notification to any person, party or witnesses shall be made personally.

In the case of refusal to obey a summons or notification issued by the Construction Officer, any Part of the Court of First Instance within whose jurisdiction the person guilty of such refusal is found, resides or has business, shall have, on its own request, jurisdiction to issue against said person an order requiring his appearance before the Construction Officer or his agents to present evidence, if so ordered, or to declare in relation with the matter under investigation and any disobedience to said order of the court may be punished by the said court as contempt. No person may refuse to comply with a summons of the Construction Officer or of his duly authorized representative, or with a judicial order so issued, alleging that the testimony or evidence required may incriminate or cause the imposition of a penalty. But such testimony or evidence shall not be presented against a natural person in a penal proceeding.

History —June 13, 1967, No. 130, p. 406, § 12.