P.R. Laws tit. 3, § 183

2019-02-20 00:00:00+00
§ 183. Claims against Commonwealth from enforcement of Department regulations

Every person whose property may have been unjustly or illegally destroyed or injured by the enforcement of any order, regulation, ordinance, or by any action taken by the Department of Health, or be its employees or agents exempt from personal liability, may maintain the appropriate action against the Government of Puerto Rico for the recovery of proper damages; but in such cases the claim must be presented to the Secretary of Health, in writing, within thirty days after the occurrence of the acts which gave rise thereto, and the date, place and degree of the damage or injury suffered, and the estimated value thereof shall set forth in the complaint under oath or affirmation. The Secretary of Health shall render his decision within twenty days after the receipt of the claim, and after hearing the official or employee responsible for the loss or damage. No judicial action can be brought against the Commonwealth Government for such damages or injury unless it be established that the claim was presented to the Secretary of Health in due time and that the Secretary has failed to decide, or has decided adversely or in a form not satisfactory to the claimant, within the period of twenty days allowed for him for decision.

History —Mar. 14, 1912, No. 81, p. 122, § 32, eff. Apr. 1, 1912.