P.R. Laws tit. 16, § 4031

2019-02-20 00:00:00+00
§ 4031. Judicial review of the decisions of the Commission

Any party that is adversely affected by a resolution, ruling, or order of the Commission may, within ten (10) days following the notice thereof, resort to the Court of First Instance by filing a writ of review. The petitioner shall have the responsibility to notify the Commission by means of a copy of the writ of review filed with the Office of the Secretary of the Commission, and to notify any other adversely affected party as well within the term provided for appeal before the court. Such term shall be interrupted by filing a motion for reconsideration within the same term, provided that the Commission, through its Chair, as well as any other adversely affected party are notified within said term. A person shall be entitled to file only one motion for reconsideration, which shall be resolved by the Commission within a term of five (5) days. A party shall have ten (10) days from the issuance of the ruling regarding the reconsideration to file a writ of review with the Court of First Instance.

The Court of First Instance shall hold a hearing on its merits, receive evidence, and make the appropriate determinations of fact and conclusions of law. The court shall resolve said review within a term not to exceed twenty (20) days after the date said petition was filed.

Within thirty (30) days preceding an election, the term to file the writ of review shall be twenty-four (24) hours. The petitioner shall have the responsibility to notify the Commission and any other affected party within said term by means of a copy of the writ of review. The court shall resolve said review within a term not to exceed five (5) days after the date in which the case was filed.

Any issue or controversy that arises within five (5) days before the holding of an election shall be notified on the same day it is filed and resolved not later than the day after its filing.

Cases regarding the challenge of an election, as well as all writs of review filed against the Commission, shall be heard before the Court of First Instance, San Juan Part.

History —June 1, 2011, No. 78, § 4.001.