How to Legally Challenge a Government Regulation in Puerto Rico

In Puerto Rico, for a government agency to adopt, amend, repeal, or create a new rule or regulation, it must follow the step-by-step process established in Chapter II of Act No. 38 of June 30, 2017, as amended, known as the Commonwealth of Puerto Rico Uniform Administrative Procedure Act (LPAU, in Spanish). This law ensures that regulations comply with a uniform judicial review process to prevent arbitrary administrative actions. [Translated] Aut. De Carreteras v. Programa de Solidaridad, 210 DPR 897, 902 (2022).

What Qualifies as a Regulation?

Before challenging a regulation, it is important to understand what constitutes a regulation under Puerto Rico law. According to Section 1.3(m) of the LPAU, a regulation refers to any agency rule or set of rules that implement, interpret, or prescribe public policy, law, or procedural requirements and carries the force of law even if the agency does not title it "regulation". However, it does not include:

• Internal agency management rules

• Guidance documents

• Price-setting orders based on existing regulations

• Forms and instructions (unless certified as guidance documents)

When and How to Challenge a Regulation?

A regulation can be challenged if it was not created in compliance with the legal process. Section 2.7 of Act No. 38-2017 outlines the process for contesting the facial validity of a rule or regulation. If an agency fails to follow LPAU’s requirements when adopting a regulation, an affected party may file a legal challenge. [Translated] Moreno Ferrer v. Junta Reglamentadora, 209 DPR 430, 481 (2022).

Key Provisions of Section 2.7: Challenging a Regulation

• Failure to Follow Legal Process: A regulation is invalid if the agency does not comply with LPAU’s procedural requirements, ensuring transparency in government actions.

• Facial Challenge Timeline: A regulation can be challenged within 30 days of its effective date if it does not meet LPAU standards. This means the court does not need to analyze how the rule is applied—only whether it complies with procedural requirements.

• Regulation Remains in Effect: Challenging a regulation does not automatically halt its enforcement unless the law explicitly allows for a stay.

The Importance of Challenging Invalid Regulations

Challenging a legally flawed regulation is critical to maintaining government transparency, preventing regulatory overreach, and ensuring that agencies do not exceed their authority. Examples of challenges include:

• A professional association challenging a licensing regulation as arbitrary and inconsistent with legislative intent.

• A business contesting zoning regulations that exceed an agency’s delegated powers.

• An organization questioning whether an agency followed proper procedural standards when adopting new rules.

Courts carefully examine these challenges to ensure agencies operate within their legal framework and follow due process. Learn more about legal expertise in regulatory matters from Hon. Edgardo Rivera García, Special Counsel at MZLS.

Why Challenging Regulations Matters

In Puerto Rico, regulations enacted by government agencies must align with their enabling laws and comply with procedural standards. If a regulation is inconsistent with LPAU requirements, it may be subject to judicial review. Understanding your rights and the legal process for contesting a regulation is essential to safeguarding business interests, professional practices, and public policy.

Ensure compliance and protect your business—contact us today for expert legal guidance on administrative and regulatory matters.