Esta ley enmienda la Ley Núm. 402 de 9 de septiembre de 2000, conocida como la "Ley de Garantía de Equipos de Tecnología de Asistencia de Puerto Rico". Establece que el Departamento de Asuntos del Consumidor (DACO) debe adoptar un reglamento para incluir los requisitos de cumplimiento para fabricantes, proveedores, distribuidores y vendedores o arrendadores autorizados en relación con la garantía de los equipos de tecnología de asistencia. Otorga a DACO un plazo de seis meses para adoptar dicho reglamento, de acuerdo con la Ley Núm. 170 de 12 de agosto de 1988 (Ley de Procedimiento Administrativo Uniforme). Modifica el plazo para que DACO atienda las querellas presentadas bajo la Ley Núm. 402 y deroga una subsección de la Ley Núm. 140 de 23 de julio de 1974 (Ley de Controversias y Estado de Derecho Provisional).
(Approved September 3, 2003)
To amend Sections 6 and 9 of Act No. 402 of September 9, 2000, known as the "Puerto Rico Assistive Technology Equipment Guarantee Act," to set forth that the Department of Consumer Affairs shall be bound to adopt a regulation to include the provisions on the compliance requirements for manufacturers, suppliers, dealers, and authorized vendors or lessors regarding the guarantee that all technological assistance equipment shall have pursuant to Act No. 402, supra; to grant to said Agency a term of six (6) months from the approval of this Act to adopt the referenced regulation pursuant to Act No. 170 of August 12, 1988, as amended, known as the "Uniform Administrative Procedures Act"; to modify the term set forth for the Department of Consumer Affairs to hear complaints filed pursuant to Act No. 402 of September 9, 2000; and to repeal subclause (N) of Section 2 of Act No. 140 of July 23, 1974, as amended, known as the "Controversies and Provisional Legal Status Act."
Act No. 402 of September 9, 2000, known as the "Puerto Rico Assistive Technology Equipment Guarantee Act," was approved to set forth consumer rights and responsibilities, manufacturers, suppliers, dealers, and authorized vendors or lessors, in the purchase, sale and distribution of technological assistance equipment for persons with disabilities. For purposes of this Act, the Department of Consumer Affairs, hereinafter DACO (its Acronym in Spanish), is the administrative forum that shall handle consumer and provider claims or grievances for any breach against the guarantee of technological assistance equipment. For such purposes, a summary action
procedure was set forth in the Act for DACO to decide in claims filed by consumers.
Section 6, clause 2(b) of Act No. 402, supra, provides that DACO shall be bound to amend the Claims Adjudication Regulation geared toward the handling of said claims and grievances to set forth terms for processing cases and the issuing of DACO's determinations. Also provided, is that amendments to the regulation shall include provisions that set forth the compliance requirements for manufacturers, suppliers, dealers, and authorized vendors or lessors regarding the guarantee that all technological assistance equipment shall have and the terms for processing cases and the issuing of the determinations provided herein below.
From the reading and analysis of the referenced Section 6, clause 2(b) of the Act, it does not clearly arise that DACO is bound to amend its Grievance Adjudication Regulations, in effect, to add the special terms for processing and hearing the claims filed pursuant to Act No. 402, and to include therein the dispositions regarding the compliance requirements for the guarantee that all technological assistance equipment shall have; or to otherwise adopt a new regulation that contains the substantive and procedural dispositions set forth in the Act. Therefore, this Legislature deems it is warranted to amend Section 6, clause 2(b) to clarify the duties of DACO pursuant to our laws in effect.
Finally, although the intent when providing in Act No. 402, supra, was to include subclause (N), in Section 2 of Act No. 140, it was to provide persons with disabilities with a simple and quick procedure in case DACO failed to act within the terms set forth in Act No. 402, supra, by setting forth that it must be kept in mind that any determination issued by a Municipal Judge, or
a District Judge if no Municipal Judge were available, pursuant to the procedures provided in Act No. 140, supra, does not constitute res judicata, nor does it hinder its consideration by means of ordinary legal procedures.
Pursuant to the foregoing, the defendant may submit an ordinary recourse to the Court of First Instance, since the ruling of the Magistrate, pursuant to Act No. 140, supra, does not hinder it, and as a result, the defendant may bind the plaintiff into facing a long and burdensome legal process. This defeats the purpose of Act No. 402, supra, because it does not finally solve the claim submitted by the person with disabilities pursuant to said Act.
The procedure in this measure provides a reasonable term for the Department to decide any claim pursuant to Act No. 402, supra, guarantees due process of law for all the parties and allows granting a final relief to the person who has obtained the technological assistance equipment.
Section 1.-Clauses 2(b) and 2(c) of Section 6 of Act No. 402 of September 9, 2000, are hereby amended to read as follows: "Section 6.-Powers and Duties:
equipment shall have and the terms for processing cases and the issuing of the determination set forth in Section 9 of this Act. c. Draft the Regulations within a term of six (6) months from the date of approval of this Act, pursuant to Act No. 170 of August 12, 1988, as amended, known as the "Uniform Administrative Procedures Act." d. ...
6 . $\quad$
Section 2.- Section 9 of Act No. 402 of September 9, 2000, is hereby amended to read as follows: "Section 9.- Special Terms for Procedures Before the Department of Consumer Affairs: a. The Secretary of Consumer Affairs is hereby directed, pursuant to the Organic Act of the Department, to adopt regulations to enforce compliance with the purposes of this Act and to set forth a procedure for the disposition of complaints submitted pursuant to same within twenty (20) workdays from the filing of same, unless such a term is waived or extended by written consent from all the parties, or due to a cause that is justified and notified to all concerned parties. If the claimant is not satisfied with the reasons notified by the Department of Consumer Affairs for delays in the resolution of the claim, said claimant may opt for administrative reconsideration and judicial review procedures set forth in the agency regulations, pursuant to the provisions set forth in Act No. 170 of August 12, 1988, as amended. The approval of the regulations shall be carried out pursuant to the provisions set forth in Act No. 170 of August 12, 1988, as amended.
b. The party adversely affected by the determination issued by the Department of Consumer Affairs may submit a motion to reconsider to the Department, within a term of ten (10) days from the notification of the determination of the Department. The Department shall consider same within ten (10) days after the filing of same. If any determination were made in its consideration, the term to request a judicial review shall begin on the date in which the copy of the notification of the ruling of the Department resolving the motion is filed in the records. If the Department takes no action regarding the motion to reconsider within ten (10) days of its submittal, it shall be understood that said motion was rejected and the term for the judicial review shall commence on said date."
Section 3.- Subsection (N) of Section 2 of Act No. 140 of July 23, 1974, as amended, known as the "Controversies and Provisional Legal Status Act," is hereby repealed.
Section 4.- This Act shall take effect immediately after its approval.
I hereby certify to the Secretary of State that the following Act No. 243 (H.B. 1636) of the $5^{ ext {th }}$ Session of the $14^{ ext {th }}$ Legislature of Puerto Rico:
AN ACT to amend Sections 6 and 9 of Act No. 402 of September 9, 2000, known as the "Puerto Rico Assistive Technology Equipment Guarantee Act," to set forth that the Department of Consumer Affairs shall be bound to adopt a regulation to include the provisions on the compliance requirements for manufacturers, suppliers, dealers, and authorized vendors or lessors regarding the guarantee that all technological assistance equipment shall have pursuant to Act No. 402, supra; to grant to said Agency a term of six (6) months from the approval of this Act to adopt the referenced regulation pursuant to Act No. 170 of August 12, 1988, as amended, known as the "Uniform Administrative Procedures Act"; etc., has been translated from Spanish to English and that the English version is correct.
In San Juan, Puerto Rico, today $23^{ ext {rd }}$ of August of 2004.
Elba Rosa Rodríguez-Fuentes Director