P.R. Laws tit. 23, § 11022i
The Permit Management Office and the Autonomous Municipalities are hereby designated, in accordance with the powers and authorities conferred thereto, as the public entities authorized to evaluate, inspect, and oversee every application filed under this subchapter, pursuant to the applicable laws, codes, and regulations in effect. In addition, the Permit Management Office and the autonomous municipalities shall ensure that all documents are submitted and all requirements and applicable conditions in connection with the General Permit are met. Such designation shall not prevent the government agencies with expertise in the individual permits that have been incorporated into the General Permit from exercising their jurisdiction over such permits.
Government agencies with jurisdiction shall also conduct an inspection of the eligible business after the General Permit has been granted. The purpose or intent of every oversight process is to ensure that the eligible business meets the requirements of the applicable laws, codes, and regulations. For such reason, such business shall have at least one opportunity to satisfy any omitted requirement it has been notified of as a result of the inspection process, provided that such noncompliance does not affect public health or safety.
If any noncompliance is found, whether in the documents submitted or concerning the permit requirements or conditions, or implementation thereof in the field, such noncompliance shall be notified and must be corrected within a term that shall not exceed ten (10) days after notice has been sent. If such deficiency is not corrected, the Permit Management Office or the autonomous municipality as well as any agency with jurisdiction, may propose and impose fines and penalties. Any agency with jurisdiction may begin a process to impose fines or penalties, and simultaneously request the Permit Management Office or the autonomous municipality to revoke the granted permit provisionally. The Permit Management Office or the autonomous municipality shall issue a temporary cease and desist notice, to the person or entity to which the General Permit was granted within five (5) days after receiving a duly grounded notice of an agency with jurisdiction. The notice issued by the Permit Management Office or the autonomous municipality shall also state that an adjudicative proceeding shall begin within twenty (20) days to determine whether or not the permit should be revoked permanently.
Regardless of the adjudicative proceeding to permanently revoke a permit, agencies with jurisdiction may impose any applicable fines, as provided in the regulations in effect under their jurisdiction, for any violation of this chapter, the General Permit, or the permit requirements or conditions.
Under this evaluation, inspection, and oversight process, the Permit Management Office or the autonomous municipality shall be empowered to issue fines of up to fifty thousand dollars ($50,000) for each violation, and an additional fine of one hundred thousand dollars ($100,000) in case of contumacy or if the actions constituting a violation of this chapter or any other applicable law persist.
Furthermore, the Permit Management Office or the autonomous municipality shall be empowered to issue orders to perform, to show cause, to cease and desist as well as orders to revoke permits provisionally and permanently. All other agencies with jurisdiction shall keep the powers conferred to them by the applicable laws and regulations.
History —Jan. 10, 2013, No. 1, § 2.10.