Ley 112 del 2008
Resumen
Esta ley enmienda la Ley Núm. 170 de 12 de agosto de 1998, conocida como la "Ley de Procedimiento Administrativo Uniforme", para requerir que el Secretario de Estado establezca y mantenga permanentemente en la página web del Departamento de Estado una copia de todos los reglamentos archivados para acceso e inspección pública.
Contenido
(No. 112)
(Approved July 16, 2008)
AN ACT
To amend Section 2.10 of Act No. 170 of August 12, 1998[sic], as amended, known as the "Uniform Administrative Procedures Act," in order to provide that the Secretary of State shall be bound to establish and keep, permanently, in the webpage of the Department of State over the Internet, a copy of all regulations filed therewith for public access and inspection.
STATEMENT OF MOTIVES
The Constitutions of the United States and Puerto Rico protect citizens from any deprivation of life, liberty and property without due process of law. Said due process of law applies in both substantive and procedural aspects. Procedural aspects of the due process of law with respect to the adoption of rules and regulations by administrative agencies that may affect the citizenry are included in Act No. 170 of August 12, 1998[sic], as amended, known as the "Uniform Administrative Procedures Act" (LPAU, Spanish acronym).
LPAU establishes a system of guidelines relative to the publication of rules and regulations by administrative agencies. The main purpose of such guidelines is to achieve compliance with the requirement of duly notifying the citizens about the norms contained in said regulations, which is an essential element for the legitimization thereof and enforces the legal principle contained in Section 2 of the Civil Code, which provides that
ignorance of the law does not excuse from compliance therewith. This juridical principle materialized only through the regulation publication procedure.
Section 2.10 of Act No. 170 of August 12, 1998[sic], as amended, known as the "Uniform Administrative Procedures Act," sets forth that the Secretary shall keep a permanent file of all regulations filed with his/her office. This legal obligation renders effective the cognizance principle of the adopted norm, which is a corollary of the due process of law.
According to a study recently conducted by the company Estudios Técnicos, in Puerto Rico, the Internet is the most popular medium for searching products and services. Likewise, the Internet is in the top three media used by Puerto Rican consumers for online entertainment, services and news. The above-mentioned study also showed that 1,016,500 persons aged 12 or over in Puerto Rico use the Internet. Furthermore, 31 percent of the persons who do not have Internet access plan to establish such access during the next year. Lastly, its users believe that the Internet is highly important because it allows them to be in contact with persons with whom, otherwise, they would not be able to contact; it is their most important work and study tool; and enables them to stay informed.
Since the Internet constitutes a greatly used informative mechanism that affords broad access, its use has become widely spread in our population. The Department of State of Puerto Rico has a webpage over the Internet, which provides access to information of interest to the citizenry. Said webpage constitutes a very practical and accessible tool that must be used to allow the citizenry access to the text of all regulations filed therewith.
Through this legislation, Section 2.10 of Act No. 170, supra, is amended to provide that the Secretary of State shall be bound to establish and keep, permanently, in the webpage of the Department of State over the Internet, a copy of all the regulations filed with his/her office for public access and inspection.
BE IT ENACTED BY THE LEGISLATURE OF PUERTO RICO:
Section 1.- Section 2.10 of Act No. 170 of August 12, 1998[sic], as amended, known as the Uniform Administrative Procedures Act, is hereby amended to read as follows: "Section 2.10.—Evidence of Filing; Permanent Register; Public Inspection.—
The Secretary shall record the date and hour that all copies of regulations are filed with his/her office, and shall keep a permanent file of said regulations in his/her office for public inspection. Likewise, the Secretary shall establish and keep, permanently, in the webpage of the Department of State over the Internet, a copy of all regulations filed therewith for public access and inspection. Such access shall be free of charge and available in a format easily accessible for the public."
Section 2.- This Act shall take effect immediately after its approval.
CERTIFICATION
I hereby certify to the Secretary of State that the following Act No. 112 (S. B. 2269) of the $7^{ ext {th }}$ Session of the $15^{ ext {th }}$ Legislature of Puerto Rico:
AN ACT to amend Section 2.10 of Act No. 170 of August 12, 1998[sic], as amended, known as the "Uniform Administrative Procedures Act," in order to provide that the Secretary of State shall be bound to establish and keep, permanently, in the webpage of the Department of State over the Internet, a copy of all regulations filed therewith for public access and inspection. has been translated from Spanish to English and that the English version is correct.
In San Juan, Puerto Rico, today $15^{ ext {th }}$ of October of 2009.
Solange I. De Lahongrais, Esq. Director