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.

Section 4.1. Applicability. (3 L.P.R.A. 9671) The provisions of this Act shall be applicable to those orders, resolutions and final adjudicative orders issued by agencies or administrative officials that will be reviewed by the Court of Appeals through a Review Motion, except: (a) Those issued by the Secretary of the Treasury in relation to the internal revenue laws of the Government of Puerto Rico, which will be reviewed by filing a lawsuit and holding a trial de novo, before the competent court of the Court of First Instance. Any claimant who challenges the determination of any deficiency made by the Secretary of the Treasury shall be required to pay the portion of the tax not challenged and the "Uniform Administrative Procedures Act of the Government of Puerto Rico" [Act 38-2017, as amended] Rev. November 23, 2020 www.ogp.pr.gov Page 23 of 31 post a bond for the entire unpaid balance of the tax determined by the Secretary of the Treasury, on or before the filing of the lawsuit; and (b) Those issued by the Municipal Revenue Collection Center in relation to the deficiencies, appraisals and tax impositions of the Law on the Tax on Movable and Real Property, which will be governed by the applicable provisions of Law No. 83 of August 30, 1991, as amended. Section 4.2. Terms for Filing the Review. (3 L.P.R.A. 9672) A party adversely affected by an agency's final order or resolution and who has exhausted all remedies provided by the agency or by the corresponding appellate administrative body may file a request for review with the Court of Appeals, within of a term of thirty (30) days counted from the date of file in the records of the copy of the notification of the order or final resolution of the agency or from the applicable date of those provided in Section 3.15 of this Law , when the term to request judicial review has been interrupted by the timely filing of a motion for reconsideration. The party shall notify the filing of the request for review to the agency and to all the parties within the term to request said review. Notification may be made by mail. Provided, that if the filing date of the copy of the notification of the final order or resolution of the corresponding appellate agency or administrative body is different from the date of deposit in the mail of said notification, the term shall be calculated from the date of the deposit in the mail. In cases of auction challenge, the party adversely affected by an order or final resolution of the agency, of the Auction Review Board of the General Services Administration, or of the auction appeals entity, as the case may be, may present a request for review before the Court of Appeals within a term of twenty (20) days, counted from the file in the records of the copy of the notification of the order or final resolution of the agency, the aforementioned Auction Review Board of the General Services Administration or the appellate entity, or within the applicable term of twenty (20) calendar days after the term provided by Section 3.19 of this Law has elapsed. The mere presentation of a request for review under this Section it will not have the effect of paralyzing the award of the challenged auction. The appeal for judicial review will be heard by the panel or panels appointed to deal with matters that originate in the judicial region or judicial regions corresponding to the place where the activity or incident is planned, is being carried out or has been carried out. would have given rise to controversy; or the place of processing and adjudication of an auction; or by the panels designated to attend appeals due to their subject matter or characteristics, in accordance with the provisions of the Rules of the Court of Appeals. An interlocutory order or resolution of an agency, including those issued in processes that are developed in stages, will not be directly reviewable. The agency's interlocutory provision may be the subject of an error signaling in the appeal for review of the agency's final order or resolution. The judicial review provided herein shall be the exclusive resource to review the merits of an administrative decision, whether adjudicative or informal, issued under this Act. "Uniform Administrative Procedures Act of the Government of Puerto Rico" [Act 38-2017 , as amended] Rev. November 23, 2020 www.ogp.pr.gov Page 24 of 31 Section 4.3. Exhaustion of Administrative Remedies; Relief. (3 L.P.R.A. 9673) The court may relieve a petitioner of having to exhaust some or all of the remedies administrative provisions provided in the event that said remedy is inadequate, or when requiring its exhaustion results in irreparable damage to the petitioner and in the balance of interests it is not justified to exhaust said remedies, or when the substantial violation of constitutional rights is alleged, or when it is useless to exhaust the administrative remedies due to excessive delay in the proceedings, or when it is a clear case of lack of jurisdiction of the agency, or when it is a strictly legal matter and administrative expertise is unnecessary. Section 4.4. Request for Review; Requirements. (3 L.P.R.A. 9674) The Supreme Court of Puerto Rico will adopt rules to regulate the judicial review procedures, which will promote easy, economical and effective access to citizens, will prevent the dismissal of the review appeal due to defects in form and notification and will allow the effective appearance of appellants in their own right and pauperis. In order to make the appearance effective in its own right and pauperis, the Supreme Court may adopt special procedures and simple forms. Section 4.5. Scope of Judicial Review. (3 L.P.R.A. 9675) The court may grant the appropriate remedy if it determines that the appellant is entitled to a remedy. The findings of fact of the agencies' decisions will be upheld by the court, if they are based on substantial evidence in the administrative file. The conclusions of law will be reviewable in all its aspects by the court. Section 4.6. Remedies. (3 L.P.R.A. 9676) The Court of Appeals shall review, as a matter of law, the decisions, orders and final resolutions of administrative bodies or agencies. The mere presentation of the appeal will not paralyze the process in the administrative body or agency, unless the Court so determines. The procedure to be followed for appeals for review shall be in accordance with the provisions of the Rules of the Court of Appeals approved by the Supreme Court. The appearance of the Government of Puerto Rico before the Court of Appeals shall not be mandatory unless the Court so orders. The court may grant the requested remedy or any other remedy it deems appropriate, including extraordinary remedies even if not requested, and may award reasonable attorneys' fees, costs and expenses to any party that prevailed in the judicial review. "Uniform Administrative Procedures Act of the Government of Puerto Rico" [Act 38-2017, as amended] Rev. November 23, 2020 www.ogp.pr.gov Page 25 of 31 Section 4.7. Review Certiorari. (3 L.P.R.A. 9677) Any party adversely affected by the resolution of the Court of Appeals may request its review by filing a Certiorari appeal before the Supreme Court within the jurisdictional term of thirty (30) days from the file in the records. of the notification of the judgment of the Court of Appeals or of its resolution resolving a duly filed motion for reconsideration. If the filing date of the copy of the notification of the sentence or resolution is different from that of the deposit in the mail of said notification, the term will be calculated from the date of the deposit in the mail.

Questions

1. What is the reconsideration procedure in the Administrative field. 2. What is the term to request a Judicial Review. 3. Problem: The Puerto Rico Board of Nurse Examiners, attached to the Department of Health, has made an adverse decision that affects an applicant. It mentions what procedure must be brought before the Board for a reconsideration and what is the term to request a Judicial Review before the Court.