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If you have any questions in regards to the above, please do not hesitate to contact our offices so that we may explain the amendments to the provisions of the Code in more detail. Our address is:

 

Fiddler González & Rodríguez, P.S.C., P.O. Box 363507, San Juan, PR 00936-3507. Our fax (787) 759-3108.

 

We welcome your questions and comments.


Juan Carlos Gómez Escarce
(787) 759-3166

jgomez@fgrlaw.com

María L. González Hernández
(787) 759-3173

mlgonzal@fgrlaw.com

 

Eduardo Negrón Navas

(787) 759-3106

enegron@fgrlaw.com

Pedro J. Reyes Bibiloni

(787) 759-3208

preyes@fgrlaw.com

 

PLANNING BOARD TO HOLD PUBLIC HEARINGS ON THE PROPOSED AMENDMENTS TO THE JOINT PERMITS REGULATION AND THE ADOPTION OF THE REGULATION GOVERNING AUDITS OF FINAL FINDINGS AND PERMITS

On June 27, 2014, the Planning Board will hold public hearings on the proposed amendments to the Joint Permits Regulation for the Construction and Land Use (the Amendments), and on the adoption of the Regulation Governing the Audit of Final Findings and Permits Issued. The Amendments and the new regulation will implement Act 151-2013, which amended the Permits Process Reform Act, Act 161-2009.

 

The Amendments rename the title of the regulation to the “Joint Permits Regulation for the Evaluation and Issuance of Permits Related to the Land Use and Development”. As part of the proposed amendments, references to the Permits General Inspector’s Office, the Adjudicative Board, and the Permits and Land Use Review Board are eliminated and their powers are transferred to the Permits Management Office (OGPe for its Spanish acronym). The enforcement powers of the Inspector’s Office will now be exercised by OGPe. The Amendments authorize OGPe to grant discretionary and ministerial permits, as well as variances formerly issued by the Adjudicative Board. OGPe’s decisions will be subject to reconsideration proceedings before OGPe’s Office of Reconsideration of Final Determinations, which may hold hearings.

 

Pursuant to the Amendments, the Planning Board will have exclusive authority to evaluate and adjudicate all site consultation proceedings, while OGPe will have authority to evaluate and adjudicate construction consultations. The Amendments introduce modifications to the site consultation requirements and their term of effectiveness. The Amendments also reinstate the application of the Uniform Administrative Procedures Act (Act 170-1988) to the evaluation and adjudicative proceedings of all final permit decisions and enforcement actions of the Planning Board, OGPe and the Autonomous Municipalities.

 

The proposed Regulation Governing the Audit of Final Findings and Permits Issued regulates the Planning Board audit powers, formerly exercised by the Inspector’s Office, to inspect final determinations and permits issued by OGPe, Autonomous Municipalities and the authorized professionals. The Planning Board may, among others, conduct inspections, require production of documents, summon and depose witnesses. Based on the audits’ findings, the Planning Board may impose penalties, file administrative complaints and refer the matter to the Department of Justice.

 

The Planning Board has granted a thirty (30) day period after the publication date of the public notice to submit written comments. The notice was published on June 12, 2014; thus, the comment period ends on July 12, 2014.

 

If you have any questions regarding this matter or would like to know more of our Firm’s experience in this area please call us. If you know anyone that would like to read the FGR Environmental Watch, please feel free to forward this article. Stay tuned for further updates of FGR ENVIRONMENTAL WATCH.

©2014 FIDDLER GONZÁLEZ & RODRÍGUEZ, P.S.C. Permission is granted to view, store, print, copy or distribute the content of this article for noncommercial or personal use, provided you do not alter it and you give us proper credit.

The content of this article is for informational purposes only. It is not legal advice or advertising. In addition, the above discussion has been provided in general terms and, therefore, should not be relied upon as legal advice applicable to a specific set of facts and circumstances. Before taking legal action, consult a lawyer you trust. Although we will try to be accurate, you cannot rely on its applicability to your specific problem without consulting your lawyer. Fiddler González & Rodríguez, P.S.C. and the members of the Environmental Practice Group assume no responsibility to inform you of additional changes in law or any other legal issues related to matters addressed in this email of which we may become aware after the date hereof.

***IRS CIRCULAR 230 DISCLOSURE: To ensure compliance with requirements imposed by the Internal Revenue Service, we inform you that any United States federal tax advice in this communication (including any attachments) is not intended or written by Fiddler González & Rodríguez, PSC to be used, and cannot be used, for the purpose of (i) avoiding any penalties under the Internal Revenue Code, or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein. ***

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San Juan, PR 00936-3507

 

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