P.R. Laws tit. 24, § 333m
Any applicant or licensee, including government units actually or allegedly aggrieved by the decision of the Department of Health refusing, suspending, substituting or reversing a license, as the case may be, may, within a term of thirty (30) days after notice of the decision is served, appeal to the Court of First Instance of Puerto Rico. The notice of appeal shall be in writing and shall be filed with the court and served upon the Department of Health, accompanied by a bill containing a specific and concise statement of the alleged error or errors committed in the decision of the Department of Health.
After notice of the petition for review is served, the Department of Health shall promptly file with the court a certified copy of the record and decision, including the transcript of the hearings on which the decision is based. Findings of fact by the Department of Health shall be conclusive unless substantially contrary to the weight of evidence.
No evidence shall be admitted at the hearing of an appeal in the Court of First Instance but if any of the parties should convince the court that after the hearing in the Department of Health new evidence has been found that could not be obtained through the exercise of reasonable diligence for use at said hearing, and that such evidence would materially affect the merits of the case, the court shall remand the case to the Department of Health to take and consider the new evidence subsequently discovered and thereupon to make the proper order and decision, from which decision appeal may be taken pursuant to the provisions of this chapter. The court may decide the case affirming, modifying or reversing the decision of the Department of Health. Both the applicant or licensee and the Department of Health may appeal from the decision of the court according to the laws in force.
Pending final disposition of the matter by the courts the status of the applicant or licensee shall be preserved, except as the court may otherwise order in the public interest, on petition of the Secretary of Health.
History —June 26, 1965, No. 101, p. 250, § 32; June 13, 1968, No. 80, p. 137, § 2.