How to Request Judicial Review of an Administrative Decision in Puerto Rico

To initiate judicial review of an administrative determination, the affected party must have exhausted all available administrative remedies. Upon exhaustion of all administrative options, the affected party has the right to request judicial review. The party can only request a judicial review when the agency has submitted their final decision or order. Chapter 4 of the Act No. 38-2019 establishes step-by-step procedures to request a judicial review.

Judicial Review Under Act No. 38-2017

The judicial review is available for all final adjudicative orders, resolutions, and rulings issued by a government agency. The party affected must exhaust all administrative remedies before requesting a judicial review. The party affected must file a petition within 30 days from the date of notice of the agency’s final order or decision, or from the date described in Section 3.15.

Section 3.15 establishes the deadlines for requesting a reconsideration before seeking a judicial review. If the agency does not take action in the reconsideration step within 15 days, it is considered denied and the time to request a judicial review begins to run. If the agency does not issue a decision within those 90 days, they lose jurisdiction and the time to request a judicial review begins to run. If for just cause the agency grants a 30-day extension, they must resolve the issue within 120 days (90 + 30). If they do not issue a decision, they lose jurisdiction and the time or request for a judicial review begins to run.

The party must serve a copy of the petition to the entity and all other parties within the deadline. If the mailing date is different from the entry date, the time is computed from the mailing date.

Further Review

The party affected may seek a certiorari in the Supreme Court within 30 days from the entry in the case record of notice of entry of judgment or ruling of the Court of Appeals. If the date of the ruling differs from the mailing date thereof, time shall be computed from the mailing date.

Judicial Deference to Administrative Determinations

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Administrative law in Puerto Rico is grounded in the principle that the decisions of administrative agencies are entitled to the highest level of judicial deference. The Sembler Co. v. Mun. de Carolina, 185 DPR 800, 821 (2012); Torres Santiago v. Depto. Justicia, 181 DPR 969, 1002 (2011); Vélez v. A.R.Pe., 167 DPR 684, 693 (2006). Administrative processes and factual determinations by agencies are presumed to be regular and correct. Íd.; Henríquez v. Consejo de Educación Superior, 120 DPR 194, 210 (1987). Judicial review is limited to determining whether the agency’s action is arbitrary, illegal, or unreasonable. O.E.G. v. Rodríguez, 159 DPR 98, 119 (2003).

The factual determinations of an administrative agency must be upheld by the courts if supported by sufficient evidence from the administrative record as a whole. The Sembler Co. v. Mun. de Carolina, supra, págs. 821-822; Pacheco v. Estancias, 160 DPR 409, 432 (2003). However, legal conclusions are fully reviewable. Sec. 4.5 de la Ley Núm. 170 de 12 de agosto de 1988, según enmendada, conocida como la Ley de Procedimiento Administrativo Uniforme, 3 LPRA sec. 2175. Nonetheless, courts should not easily disregard legal conclusions made by administrative agencies. Torres Santiago v. Depto. Justicia, supra, págs. 1002-1003. On the contrary, courts should give substantial weight and deference to the applications and interpretations made by agencies concerning the laws and regulations they administer. Asoc. Fcias. v. Caribe Specialty et al. II, 179 DPR 923, 940 (2010); Asoc. Vec. H. San Jorge v. U. Med. Corp., 150 DPR 70, 75 (2000).

The deference given to administrative agency decisions will yield when not supported by substantial evidence, when the agency misapplies a law, or when the action is arbitrary, unreasonable, or illegal. OCS v. Universal, supra, pág. 179.

Conclusion

As mentioned before, seeking a judicial review requires the affected party to exhaust all available administrative options. This process provides a fair method to challenge administrative decisions in the Court of Appeals. It is important to acknowledge that Act No. 38-2017 establishes that an interlocutory order or decision of an agency cannot be reviewed. Protect your rights—schedule a consultation today for expert guidance on judicial review.