The Board may initiate an investigation, on its own initiative or through a sworn complaint filed by a natural or juridical person before the Secretary of the Board. The latter shall notify the technologist in question of the nature of the charges filed against him/her within a term of twenty (20) working days, from the date the complaint was filed or of the determination of the Board to investigate, as the case may be. Said notice shall be in writing and sent by certified mail with acknowledgement of receipt. The notice shall indicate the date, hour and place that the Board is to hold the administrative hearing to pass judgment on the imputations made.
The affected technologist shall be entitled to appear personally at the hearing and be represented by an attorney, to interrogate the witnesses testifying against him/her and to examine the evidence introduced. The technologist is also entitled to file an explanatory motion stating his/her version of the facts within the term of twenty (20) calendar days from the date the notice was received.
Should sufficient cause be found, or should the affected technologist fail to appear without just cause, the license shall be suspended through a resolution issued by the Board, as established in this chapter.
The Board shall make its decision within a term not to exceed twenty (20) calendar days from the date in which the case was submitted. The Board shall notify its decisions to the affected technologist by certified mail with acknowledgement of receipt within ten (10) days following the date in which the latter is issued. The decision of the Board must clearly and precisely state the grounds on which said decision is based.
The technologist affected by a determination of the Board shall be entitled to file a motion for reconsideration within the term of twenty (20) calendar days as of the date of the notice of the resolution issued by the Board. The Board shall consider the motion and make its decision within thirty (30) calendar days after said motion is filed.
Should the reconsideration be adverse to the affected technologist, the latter may request a judicial review before the Court of First Instance of Puerto Rico within the term of thirty (30) calendar days after the notice thereof.
History —Aug. 8, 1998, No. 205, § 13.