Ley 133 del 2001
Resumen
Esta ley enmienda la Ley Núm. 170 de 1988, conocida como la "Ley de Procedimiento Administrativo Uniforme del Estado Libre Asociado de Puerto Rico", para modificar los requisitos de radicación de reglamentos por parte de las agencias del gobierno. Establece la obligación de radicar copias de los reglamentos en el Departamento de Estado y la Biblioteca Legislativa para su validez. Además, extiende el plazo para que las agencias del Poder Ejecutivo presenten una compilación de sus reglamentos vigentes y restablece la efectividad de aquellos reglamentos que habían sido derogados por no cumplir con el plazo anterior.
Contenido
(No. 133)
(Approved September 22, 2001)
AN ACT
To amend Act No. 205 of August 25, 2000, which in turn amended Act No. 170 of August 12, 1988, known as "Uniform Administrative Procedures Act of the Commonwealth of Puerto Rico," and to render retroactively effective some of the regulations of agencies of the Executive Branch of the Commonwealth.
STATEMENT OF MOTIVES
Act No. 205 of August 25, 2000, added to Act No. 170 of August 12, 1988, as amended, known as "Uniform Administrative Procedures Act of the Commonwealth of Puerto Rico," the obligation of filing at the Legislative Library by all agencies of the Commonwealth of Puerto Rico, a copy of their regulations which are to be filed at the Department of State for their validation. This is an indispensable requirement for them to be valid.
It was also provided for all agencies of the Executive Branch to prepare a compilation of all of their regulations in effect as of June $1^{ ext {st }}, 2001$, and their filing at the Department of State and the Legislative Library. Should the filing of these compilations not be made on or before June 30, 2001, said regulations are rendered ineffective.
Both the Department of State and the Office of Legislative Services, to which the Legislative Library is attached, have reported that a number of agencies have failed to file their compilations, reason for which the regulations in question are repealed by the effect of this Act.
The same happened with the regulations for personnel of the municipal governments; even though Act No. 170, supra, excludes municipalities from the definition of the term agency, a subsequent Act-Act No. 81 of August 30, 1991—provides that "Regulation and adjudication procedures regarding the municipal personnel shall also be subject to the... Uniform Administrative Procedures Act of the Commonwealth of Puerto Rico."
It is evident that the agencies that failed to comply with the filing of their compilations lacked sufficient information to react to Act No. 205, given the date on which the same was approved and the usual state of confusion brought about by a change in government administration as was the case at that time. The resulting repeal of regulations has created a climate in the administrative body of laws that must be salvaged for the benefit of the people and its social negotiations. Otherwise, the adverse effects on society would cause great damage, which the present measure aims to repair.
BE IT ENACTED BY THE LEGISLATURE OF PUERTO RICO:
Section 1.- Section 1 of Act No. 205 of August 25, 2000, which amends Act No. 170 of August 12, 1988, is hereby amended, in order for Section 2.8 of said Act No. 170 to read as follows: "Section 2.8.- Filing of New Regulations.-
(a) All regulations approved by any agency of the Commonwealth of Puerto Rico shall be filed with the Department of State in the original and two (2) copies, in Spanish. Once a set of regulations is filed with the Department of State, a copy thereof, with evidence of its presentation and of its translation into English, if presented simultaneously, shall be filed with the Legislative Library. The Director of the Office of Legislative Services shall
provide for the format on which to file the documents by regulation, and its medium, which may be on paper or by any electronic means. The filing of a set of regulations in the Legislative Library is an indispensable requirement for its validity. As a general rule, regulations shall become effective thirty (30) days after they are filed, unless: (1) ..." Section 2.- All agencies of the Executive Branch must prepare a compilation of all their regulations in effect as of June $1^{ ext {st }}$, 2003, and file them with the Department of State and the Legislative Library. Regulations may be filed through electronic means, pursuant to the format provided for, respectively, by the Secretary of State and the Director of the Office of Legislative Services.
Any set of regulations not included in the compilations to be filed on or before June 30, 2003, shall be repealed.
Section 3.- All regulations of the agencies of the Executive Branch that have been repealed by the effect of Section 2 of Act No. 205 of August 25, 2000, are rendered effective again retroactively to June $1^{ ext {st }}$, 2001.
Section 4.- The retroactive effect provided for in Section 2 [sic] of this Act is the express intent of the Legislative Bodies and is hereby so consigned for all pertinent legal effects.
Section 5.- This Act shall take effect immediately after its approval.
CERTIFICATION
I hereby certify to the Secretary of State that the following Act No. 133 (S.B. 749) of the $1^{ ext {st }}$ Session of the $14^{ ext {th }}$ Legislature of Puerto Rico:
AN ACT to amend Act No. 205 of August 25, 2000, which in turn amended Act No. 170 of August 12, 1988, known as "Uniform Administrative Procedures Act of the Commonwealth of Puerto Rico," and to render retroactively effective some of the regulations of agencies of the Executive Branch of the Commonwealth, has been translated from Spanish to English and that the English version is correct.
In San Juan, Puerto Rico, today $23^{ ext {rd }}$ of November of 2004.
Elba Rosa Rodríguez-Fuentes Director