Part I

1. Analyze and mention the function of each of the branches of power. You must use the Constitution of the Associate Free State of Puerto Rico to perform the answer. 2. It mentions how due process of substantive law and procedural are different. 3. The Constitution indicates that there are differences between people who should not have transcendence before the law. Mention at least five of these differences and mention an example of a situation in which it is discriminated by these. You must mention an example for each difference.

Part II: Legal and ethical aspects in the administration of health services

Regulation by administrative agencies

I. Power of State Reason

Generally, constitutional rights are opposable only against actions and interventions of the State and not against private persons. However, constitutional rights can be invoked before private entities when a state action is configured. To claim a

Constitutional law, the interested party must demonstrate that the State deprived him of him through two requirements:

• Deprivation is caused by the exercise of any right or privilege granted by the State, by a rule or conduct imposed by the State or by someone from whom the State is

responsible.

• In addition, the party to whom deprivation is imputed is an actor of the State, and includes: an officer, agent, or instrument of the State; a private person who acts together with the State; a private person who acts with significant state assistance; A private person whose conduct is otherwise attributable to the State.

By exception, constitutional rights have been recognized that are opposable to people

private:

• The right to privacy.
• The prohibition against slavery.
• The right to strike and collective bargaining.

The renunciation of constitutional right to privacy must be clear, specific, and unequivocal. Because of its high hierarchy, the constitutional right to privacy does not need Enabling legislation but operates by its own strength and vigor. The jurisprudence has established that the right to intimacy operates ex proprio vigore; In addition, a state action to vindicate the right to privacy.

The factors to be weighted in determining reasonable privacy expectation are:

• Individual property rights.
• The precautions adopted to maintain intimacy.
• And the characteristics of the place, including its accessibility to observation.

The rights to freedom of expression and worship are not exceptions to the general rule (that is, they are not opposable to 3ros).

II. Public politics

Public policy is promulgated through the legal norms established by public power, to influence citizens lives. It is managed through the government with the purpose of meet the needs of society.

Our form of government is tripartite, so it is formed of three branches or powers. The Legislative branch is responsible for creating laws, while the executive branch is the responsible for enacting or executing the public policy of the State through agencies administrative, which are government agencies assigned to the office of Governor. On the other hand, the judicial branch is responsible for reviewing the constitutionality of the actions of the other branches and is responsible for interpreting the laws.

III. Administrative Award Forums

The uniform administrative procedure law was promulgated with the purpose of Establish a uniform procedure covered in due process of law. It contains a body of rules applicable to all administrative procedures conducted before the agencies of Government that have not been expressly exempted by law. Rivera v. Morales, 149 DPR 672. Assoc. Residents v. Montebello Dev. Corp., 138 DPR 412.

The Legislative Assembly is empowered to delegate powers administrative agencies quasi legislative. Therefore, the regulation power can be delegated. The delegation of Regulation power must contain minimal guides, that is, broad criteria. The law of Uniform administrative procedure provides basic standards that must observe the agencies When they exercise their functions to regulate. According to said law, agencies administrative have the power to formulate, adopt, amend, or repeal a rule or regulation.

An administrative agency is a government entity authorized by law to carry out functions of regulating, investigating, accusing, awarding, and issuing a final decision and mandatory, or with powers to issue licenses, certificates, permits, concessions, Accreditations, privileges, or franchises. It is a government entity, apart from the legislature or of the courts, which administers or makes a law in force and whose actions affect the Rights and obligations of all kinds of people. Examples of administrative agencies are The Department of Health, the Department of Education, the Department of Finance, and all those other government agencies attached to the executive branch.

A regulation is any standard or set of rules of an agency that is applicable general, executes and interpreted public policy or law, or regulates procedural requirements or Agency practices. They are excluded from this definition of rules or regulations, among others, Rules related to the International Administration A of the agency, which do not affect direct and substantially the rights, procedures, or practices available for the public.

A legislative rule is one that creates rights, imposes obligations, and establishes a pattern of conduct that has the force of law. It is a rule that the agency approves to give it substantive or detailed content, or in some other way complement the law.

The legislative rule, which has the force of law, forces the agency to approve it. An interpretive rule is an expression of the agency that offers a clarification of the law that administers or its rules or regulations. These are created when agencies approve guidelines or other informal regulations with the purpose of giving uniformity to their own processes, guide administrative discretion or other internal purposes. By exception, if the new rule is irreconcilable with an existing legislative rule, so the new rule is properly an amendment to the first, and consequently it should be considered as a rule Legislative

Administrative agencies cannot act in violation of laws and regulations that promulgate. An agency can, by regulation, limit its discretion. Once the agency It adopts a regulation, it is forced to observe it strictly. Every agency needs to obtain information to perform its control functions, award, and regulation; As specialists, agencies require data to take Informed decisions. This request may be challenged through the procedure Award.

Agencies may require specific information of persons subject to their jurisdiction, to the Amparo of the laws that administer, but only information that is relevant to the investigation. For an information requirement by an agency to be reasonable, they must concur the following circumstances:

• The investigation that is carried out must be within the authority conferred by law to
• the agency.
• The requirement should not be undefined.
• And the requested information must be reasonably relevant to the specific issue under research.

The documents that can be requested for examination are the relevant to the reach of the research. The person or entity that is being investigated must provide information which was requested once the agency meets the afore mentioned criteria.

Administrative agencies have broad powers to request information and investigate organisms that the law authorizes you to regulate and supervise. The determining as for what documents, records, files, and accounts can be examined is whether they are related relevant with the matter that is subject to investigation as authorized by law:

• Research extends to documents belonging to, or in the hands of, a third.
• In both cases, the agency must notify the affected person to be requiring a third party to disseminate the information of yours, so that the court intervenes if it is requested.
• Investigations extend to documents required by law.
• Research extends to documents from people whose identity is unknown.

Agencies may carry out joint inspections and investigations with the objective of expanding and facilitate their ability to control compliance with the special laws by which they must ensure.

Constitutional fundamental rights to freedom of expression and to confront the evidence they include the right to information in the hands of the State. Therefore, the right to obtain information in the hands of the ELA is of constitutional and fundamental rank, although it is not absolute nor unlimited. Being a fundamental right, the citizen has active legitimation to question the negative access to public information. In view of the importance of the Right to obtain public information, the state cannot refuse capriciously or in a form arbitrarily to allow access to it. The state may limit access to certain information by pressing considerations. Any document that originates, retains, or receiving an agency will be public; every citizen has the right to inspect public documents.

In any formal award procedure before an agency, the following will be safeguarded minimum procedural guides:

• The right to timely notification of charges, complaints, or claims against.
• The right to be heard and present evidence.
• The right to impartial award.
• The right to a decision based exclusively on the file.
• And the right to request the reconsideration and judicial review of a determination adverse administrative.

Generally, the head of an agency is authorized to delegate the function of adjudication to a judge administrative. The adjudicative procedure before an agency may be initiated by the agency itself agency, or for the timely filing of a complaint, request, or petition. Any agency may appoint examining officers to preside over adjudicative procedures. All agencies may file complaints before its administrative forum for infractions of the laws or regulations that administer. Lopez Rivera v. Correction Adm., 2008 JTS 141

In accordance with the principles of due process of law, the Administrative Procedure Law Uniform establishes that the determinations of the agencies must be based exclusively on the

Administrative file. In any adjudicative procedure of an agency, it has the obligation to maintain a file. A party that is adversely affected by a final order or resolution of an agency and that you have exhausted all remedies provided by the agency or administrative body corresponding appeal may file an appeal for judicial review before the Court.

1. Explain the procedure used by administrative agencies to file new regulations. 2. Mention what are the means used to promulgate the regulatory 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.