P.R. Laws tit. 23, § 9020e

2019-02-20 00:00:00+00
§ 9020e. Rulemaking authority

In order to discharge the duties and authorities imposed by this chapter, the Office of the Chief Permit Inspector is hereby empowered, pursuant to the provisions relative to the rulemaking procedure established in the Uniform Administrative Procedures Act, to adopt, amend, and repeal:

(a) Bylaws that dictate the structure of the Office of the Chief Permit Inspector, including emergency regulations;

(b) Regulations to establish a procedure for filing complaints motu proprio or by petition of a party against authorized professionals and establish the disciplinary measures and administrative fines that it may impose for violations of the regulations and all other obligations imposed by this chapter on authorized professionals, which shall include, among other penalties, debarring authorized professionals from certifying or signing any permit whatsoever.

(c) Regulations to establish the minimum requirements to be met by those persons who wish to obtain an authorization to discharge functions as an authorized professional or authorized inspector, including without it being limited to, education, professional experience, skill-building courses, continuing education, examinations, professional liability insurance, service costs, and bond posting. Said regulations shall establish that no authorized professional may issue a final determination, permit or license for a project in which he/she has participated in any of its phases, specialization or issue, or has any personal interest therein.

(d) Regulations to establish a procedure to summarily debar an authorized professional or an authorized inspector from filing applications and documents with the Permit Management Office or issue final determinations, environmental health or fire prevention certifications, licenses or inspection certifications, as applicable. Furthermore, said regulations shall include the procedure to summarily debar such authorized professional or authorized inspector after finding that he/she has failed to comply with the provisions of this §§ 42a—42i of this title, taking into account the seriousness of the violation, the financial benefit obtained from said violation, and the risk posed or harm caused to the health or safety as a result of said violation.

(e) Regulations to establish a procedure for filing complaints motu proprio as a result of his/her audits or by petition of a party for violations of the provisions of this chapter or the regulations adopted thereunder.

(f) Regulations to establish a procedure to govern audits of final determinations issued pursuant to the provisions of this chapter and the regulations adopted in compliance with its provisions.

(g) Regulations to establish a procedure to fix and collect the corresponding fees for any requested copies of publications, studies, reports, and any document public in nature.

History —Dec. 1, 2009, No. 161, § 10.6.