Question
Part 1: Section 2.8. Filing of New Regulations. (3 L.P.R.A. 9618) (a) All regulations approved by any agency of the Government of Puerto Rico must
Part 1:
Section 2.8. Filing of New Regulations. (3 L.P.R.A. 9618) (a) All regulations approved by any agency of the Government of Puerto Rico must be filed with the Department of State in Spanish, with its translation into English, if it was filed simultaneously, in original and three ( 3) copies. Once a regulation is received by the Department of State, this agency will be responsible for presenting a copy of it in the Legislative Library of the Office of Legislative Services, as well as a copy in the Joint Commission for the Review and Implementation of Administrative Regulations of the Legislative Assembly of Puerto Rico. The Director of the Office of Legislative Services will provide by regulation the format for filing the documents, and their means, which may be on paper or by any electronic means. As a general rule, the regulations will take effect thirty (30) days after their filing, unless: "Uniform Administrative Procedures Act of the Government of Puerto Rico" [Act 38-2017, as amended] Rev. 23 of November 2020 www.ogp.pr.gov Page 9 of 31 (1) Otherwise provided by the statute pursuant to which the regulation is adopted, in which case the day prescribed by said statute shall begin to take effect; (2) as part of the regulation, the agency prescribes a later effective date, if so provided by statute authorizing the agency to promulgate said regulation; or (3) the regulation is an emergency regulation, as provided in Section 2.13 of this Act. (b) The agency may jointly or subsequently file an English translation of the regulation. In cases where the agency files a translation, this fact will not affect the validity of the regulation. (c) The requirement established in subsection (a) of this Section regarding the filing of the regulations and their copies in Spanish may be waived by the Secretary regarding technical national standards that have been made part of of a regulation to be promulgated, provided that the adopting agency requests and adequately justifies, through a memorandum to that effect, the impracticality of its translation into Spanish due to its high technical content. If the request is justified, the Secretary will issue his approval in writing, attaching a copy to the regulations filed. In such a case, the filing of the standard in the English language accompanied by the regulation and the copies of the same written in Spanish will be allowed. (d) The Secretary shall publish in two (2) newspapers of general circulation a summary of the content of each regulation filed, stating its number, effective date and agency that approved it. This publication will take effect within twenty-five (25) days following the date of filing. (e) In any case in which a citizen, an agency, including, in addition to those mentioned in subsection (a) of Section 1.3 of this Act, those of the Legislative Branch and the Judicial Branch, a partnership, corporation or any other legal person, requests and adequately justifies before the Secretary the need to obtain a translation into English of any regulation or part thereof or of the amendments or some of its provisions, said official shall arrange for the agency concerned to prepare and file in the Office of the Secretary the corresponding translation within the term established by the Secretary, subject to the provisions of Sections 2.9 to 2.12 of this Act. Section 2.9. Regulation Regarding Publication and Form; Statutory references. (3 L.P.R.A. 9619) The Secretary shall prescribe, through regulations, the manner in which the regulations filed in accordance with Section 2.8 of this Act shall be published. His regulations shall prescribe a conventional size to be used in the filing of regulations in accordance with said Section, and will provide that all regulations shall be accompanied by the citation of the legal authority in accordance with which said regulation or any part of it is adopted, as well as the reference to the specific provisions of law that the same implements, complements or interprets , if that is the case, and a copy of the public notice referred to in Section 2.1 of this Act. The regulations will also require that all amendments to the regulations refer to the original regulations. The Secretary may draft model regulations for the use of the agencies, as well as manuals and other instruments that facilitate the implementation of this Act. In those cases in which special laws impose the obligation to regulate several agencies, the Secretary may file a model regulation following the procedures established in Chapter II of this Act. Said "Uniform Administrative Procedures Act of the Government of Puerto Rico" [Act 38-2017, as amended] Rev. November 23, 2020 www.ogp.pr.gov Page 10 of 31 model regulations will be in force in all those Agencies with the obligation to regulate, except those agencies that have previously approved regulations on the subject matter of the model regulation. Section 2.10. Proof of Filing; Permanent Archive; Public inspection. (3 L.P.R.A. 9620) The Secretary shall record on all copies of the regulations filed in his office, the date and time of such filing, and shall maintain a permanent file of such regulations for public inspection in his office. . Likewise, the Secretary must establish and maintain, permanently, on the website of the Department of State on the Internet, a copy of all the regulations that are filed in his Office for public access and inspection. This access will be free and will be available in a format that is easily accessible to the public. Section 2.11. Approval by the Secretary of State. (3 L.P.R.A. 9621) The Secretary shall examine all regulations filed in his office in accordance with Section 2.8 of this Act in order to determine if they comply with the regulations approved by him in accordance with Section 2.9 of this Act. approves, it will record its approval in each copy of the regulation and, then, it will be considered that the regulation has been duly filed as required by law. Section 2.12. Correction of Regulations. (3 L.P.R.A. 9622) If upon examination, the Secretary concludes that a given regulation does not comply with the provisions of this Act or with the regulations approved by him in accordance with Section 2.9 of this Act, the Secretary may then: (a) Return it to the originating agency, with a list of its objections, so that it can correct it and write it in accordance with the law, indicating to the agency whether or not the corrections constitute an amendment to the regulation for the purposes of the Chapter II of this Act. (b) Make as many corrections or amendments as are necessary for the regulations to deserve the approval of the Secretary. In either case, the regulations shall not be considered as filed, for the purposes of this Act, until the agency of origin has made the indicated changes and the Secretary has approved the new text, or said agency records its approval of the amendments made by the Secretary. Section 2.13. Emergencies that Require Validity without Prior Publication. (3 L.P.R.A. 9623) The provisions of Sections 2.1, 2.2, 2.3 and 2.8 of this Act may be waived in all those cases in which the Governor certifies that, due to an emergency or any other circumstance that requires it, the public interest requires that the regulation or amendment thereto take effect without the delay required by Sections 2.1, 2.2, 2.3 and 2.8 of this Act. In all these cases, the regulation or amendment thereto, together with a copy of the Governor's certification , will be filed by the Secretary. Once the regulation, or the amendment thereto, is thus filed, the agency will comply with the provisions of the Sections "Uniform Administrative Procedures Act of the Government of Puerto Rico" [Act 38-2017, as amended] Rev. November 23, 2020 www.ogp.pr.gov Page 11 of 31 2.1, 2.2 and 2.3 and if modifications or amendments to the regulations filed under this Section are determined, they will be filed in the office of the Secretary of State, and compliance with the provided in Section 2.8 of this Act. Section 2.14. Presumed Correctness of Published Regulations; Judicial Knowledge. (3 L.P.R.A. 9624) (a) The publication of a regulation in the work "Regulations of the Government of Puerto Rico" entails the controversial presumption that the text of said regulation thus published is the text of the regulation as approved. (b) The Courts of the Government of Puerto Rico shall take legal notice of the content of all regulations published in the work "Regulations of the Government of Puerto Rico". For such purposes, the Secretary shall deliver a copy of the publication free of charge to the Libraries of the Supreme Court, the Court of Appeals, the Court of First Instance and the Libraries of the Law Schools of the universities of Puerto Rico, as well as the Library of the United States Federal District Court for the District of Puerto Rico. Section 2.15. Regulations of the Government of Puerto Rico Codification and Publication. (3 L.P.R.A. 9625) The Secretary is hereby authorized to: (a) Contract the compilation, codification, and publication of all the regulations filed in his Office pursuant to Section 2.9 of this Act. The publication of such compiled regulations shall be known as " Regulations of the Government of Puerto Rico". (b) Determine the manner and form in which such compilation and codification will be published, printed and ordered. Section 2.16. Distribution of Publications. (3 L.P.R.A. 9626) (a) The Secretary may sell the publications provided in this chapter at a price that is fair and reasonable for the Government of Puerto Rico. All funds received from the sale of publications, as well as funds received from public corporations, which the Secretary may charge for the publication of its regulations, shall be deposited in the Department of the Treasury and deposited in a Special Fund to be called "Special Fund for Publications of the State Department". This Fund will be used solely to defray all or part of the direct costs of publications, including the cost of preparing compilations and periodic supplements. This Fund shall be a separate Fund from the one created under Section 8.4 of this Act. The Secretary may contract with a publisher or publishers for the publication, sale and distribution of the work "Regulations of the Government of Puerto Rico", any part thereof, or any regulation individual. This hiring may be carried out by the Secretary separately for the conventional publication, for the electronic publication of the regulations, and to provide any regulations for their disclosure and/or provide any information service on them. "Government of Puerto Rico Uniform Administrative Procedures Act" [Act 38-2017, as amended] Rev. November 23, 2020 www.ogp.pr.gov Page 12 of 31 (b) The Secretary shall deliver copies of the publication and of its corresponding supplement provided in this Act, free of charge, to the offices of the Governor of Puerto Rico, of the heads of departments and executive agencies of the Government of Puerto Rico and to the property registrars who so request. It will also deliver, free of charge and upon request, a copy of said publication to the members of the Legislative Assembly of Puerto Rico and, in addition, a copy to the Secretary of the House of Representatives and another copy to the Secretary of the Senate, for use of both legislative bodies, one copy to the Office of Legislative Services of the Legislative Assembly and one copy to the Law Schools of the University of Puerto Rico and other duly recognized local universities. By legislative provision or by the Governor, copies of said publication may be delivered to other public offices. Section 2.17. Regulations and Rules Approved by virtue of Federal Law. (3 L.P.R.A. 9627) The regulations approved by any agency by virtue of any federal law, or by virtue of any delegation of authority of a federal official, shall be governed in everything related to their approval, procedure, promulgation and implementation, by the provisions in applicable federal law. Section 2.18. Joint Regulations. (3 L.P.R.A. 9628) Two or more agencies may jointly approve regulations, under the laws that they respectively administer, in those cases in which the service to the citizenry warrants it. The concerned agency heads shall jointly designate the examining official, or examining panel, who will be in charge of the regulatory procedure, which shall render a single report addressed to all the concerned agency heads.
1. Explain the procedure used by administrative agencies to file new regulations. 2. Mention what are the means used to promulgate the regulation process and the means of citizen participation. 3. Mention the content, style and form that the regulation must have, and where it is published once it has been approved.
Part 2:
1. Define what a nurse is. 2. Mention the categories of nursing practice. 3. Establish what the functions of each of these categories are. 4. Mention how they differ from one another. 5. Mention and describe the different specialties of nursing.
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