P.R. Laws tit. 15, § 198n

2019-02-20 00:00:00+00
§ 198n. Review—By the courts

(a) The final decisions, orders or resolutions of the Horse Racing Board may only be reviewed through an appeal for review by the Court of First Instance of Puerto Rico, solely with regard to errors of law, following the procedure framed in the Rules Applicable to Writs of Review of Administrative Decisions before the Court of First Instance, approved by the Supreme Court of Puerto Rico. Before filing the petition for review, the reconsideration of the decision, order or resolution of the Horse Racing Board shall be requested by a motion to such effects, which the Horse Racing Board shall resolve within a term of ten (10) days.

(b) The petition for review provided herein shall be presented within a term of thirty (30) days after the corresponding final decision, order or resolution has been served on the injured party; Provided, That the appellant may only allege as errors of law in his appeal for review, those that he alleged in his motion for reconsideration before the Horse Racing Board.

(c) The Court of First Instance shall resolve the appeal for review provided by this section within thirty (30) days after it was submitted.

(d) Neither the filing of the motion for reconsideration provided herein, nor the issuing of the appeal for review by the Court of First Instance shall stop the effect of the decision, order, resolution or action which the Board has been asked to reconsider, or which has been appealed before the courts.

(e) No injunction nor any other temporary restrictive measure shall be issued which will prevent the execution of the orders or resolutions appealed without prior notice to, or hearing of the Board, the Horse Racing Administrator, the Stewards, or any other official, as the case may be. Every judicial process before the courts of justice shall take into account the legislative intention of giving the horse racing sport the maximum degree of autonomy compatible with law and equity.

History —July 2, 1987, No. 83, p. 296, § 15, eff. 30 days after July 2, 1987.