P.R. Laws tit. 27, § 1052

2019-02-20 00:00:00+00
§ 1052. Composition

(a) The Commission shall be composed of seven (7) public service commissioners appointed by the Governor with the advice and consent of the Senate, of which one shall be its chairman.

The Chairman shall have discretion to allocate working areas in the adjudicative phase as well as the quasi-legislative and/or operational phase of the agency, to one or more associate commissioners.

The Commission shall operate in full, or at the discretion of the Chairman, divided into chambers composed of two (2) commissioners, who may operate and adjudicate cases apart from each other. Except as provided in § 1053 of this title, in the case of a tied vote as well as [in] those cases in which the Chairman may exercise his[/her] discretion to be part of a chamber, each chamber may definitely resolve the cases before its consideration through the signature of both commissioners on the resolutions and/or orders, without the need of any further procedure.

The Chairman, at his/her discretion, or by petition of any of the commissioners that compose one of the chambers, may remove any case from one chamber to the Commission in full.

(b) The members of the Commission shall be citizens of the United States and of the Commonwealth. No member of the Commission who is appointed by the Governor pursuant to the terms of this part shall hold any other remunerated office or position, or engage in any business, or practice any profession, or hold any position, or serve in or under any political party committee, but shall devote all his time to the duties of his office. No Commissioner shall have any direct or indirect interest in public service companies or private carriers subject to the jurisdiction of the Commission, or in entities within or outside of Puerto Rico affiliated with or interested in such public service companies or private carriers, and if he, voluntarily, acquired any interest, his office shall become vacant ipso facto; or if he acquired an interest in any other manner which is not voluntary, he shall, within a period of not more than one hundred and eighty (180) days after the date on which he may convey his title thereto, rid himself of such interest; and should he fail to do so, his office shall become vacant. No Commissioner or employee of the Commission may, after severance from service, represent any person or entity whatsoever before the Commission in any case in which he has intervened while in the service of the Commission.

(c) The Commissioners first appointed pursuant to this part shall hold office for terms of two (2), three (3) and four (4) years, respectively. The term for each one shall be fixed by the Governor, but their successors shall be appointed for a term of eight (8) years. Any person chosen to fill a vacancy shall be appointed only for the unexpired term of the Commissioner whom he/she succeeds. Vacancies occurring in the Commission shall in no way whatsoever impair the right of the remaining Commissioners to perform all the duties thereof, subject to the provisions of § 1053 of this title. Upon expiration of the term of any Commissioner, he/she may continue to hold office until his/her successor is appointed and takes charge of such office.

(d) Commissioners shall receive salaries or per diems as prescribed by law.

(e) The Chairman of the Commission shall be the executive officer thereof. He may designate an Associate Commissioner to act as Chairman in his absence.

(f) Upon the taking effect of this act, the incumbents of the present Commission shall continue to hold office at the same salaries and per diems they are now receiving, until the Commissioners provided by subsection (a) of this section are appointed and qualify according to the provisions of this section.

History —June 28, 1962, No. 109, p. 288, § 5; Apr. 17, 1963, No. 7, p. 11, § 5; July 7, 1973, No. 14, p. 782, § 1; July 30, 1974, No. 262, Part 2, p. 304; July 6, 2000, No. 115, § 1; July 16, 2010, No. 80, § 1.