Public hearing notice: fifteen days, newspaper, radio and the date on the sign

These are Sections 2.1.10.3, 2.1.10.4 and 2.1.10.5 of Chapter 2.1 of Joint Regulation No. 9473, plus Rule 2.1.7, which says by what medium all the Regulation’s notifications travel. Together they answer three practical questions: who is notified, how far in advance, and how someone who is not a party to the file finds out.

The hearing’s notification is made by the JP, OGPe, the Adjudicative Board or the autonomous municipalities with hierarchy I to III, to the owners of adjoining properties and to all parties already recognized, their authorized representatives and intervenors. Publishing the newspaper notice, the radio announcement in quasi legislative matters and updating the sign fall on the applicant.

• Notifying the public hearing to the owners of properties adjoining the one at issue, complying with Sections 2.1.9.7 and 2.1.9.8, and to all parties already recognized, their authorized representatives and intervenors.Verified against the official source
• Making the notification no less than fifteen (15) days before the date set, unless for duly justified cause recorded in the notification it is necessary to shorten that period.Verified against the official source
• Uploading a certified list with the names and postal addresses on record at the CRIM of all owners of adjoining properties, preferably including the email.Verified against the official source
• That the notification contain the hearing’s date, time and mode, its nature and purpose; the warning that one may take part assisted by a lawyer without being obliged to, including corporations and partnerships, per Law 38-2017; the citation of the provision authorizing the hearing; the reference to the provisions allegedly infringed and the facts; the warning of the measures if a party fails to appear; and the warning that the hearing may not be suspended save for just cause.Verified against the official source
• Publishing a notice in a newspaper of general circulation in Puerto Rico no less than fifteen (15) days before the hearing date.Verified against the official source
• For quasi legislative matters: publishing the notice in Spanish and English in a newspaper of general circulation and on the internet, and in a regional newspaper where the action affects a specific resident community and publication in the region is available.Verified against the official source
• Placing an announcement on a local radio station with the largest audience or closest to the community, at least twice, between 7:00 a.m. and 7:00 p.m., indicating the date the newspaper notice was published.Verified against the official source
• That the notice contain a summary or brief explanation of the proposed action’s purposes, a citation of the legal adoption authorizing it, the form, place, days and hours for submitting written or emailed comments, and the physical place and electronic address where the file will be available.Verified against the official source
• Adding to the sign previously installed on the property, no less than fifteen (15) days before the hearing, the date, time and mode in which it will be held.Verified against the official source
• For quasi legislative matters: installing the sign no less than fifteen (15) days before the hearing, with the information of Section 2.1.9.12 plus the date, time and mode, and keeping it installed until a final determination is issued.Verified against the official source
• That all notifications required in the Regulation be made by email, and only by ordinary mail or in person where the person has no email address registered in the system.Verified against the official source

• Certified list with the adjoining owners’ names and postal addresses on record at the CRIM, preferably with the email.
• Public hearing notice published in a newspaper of general circulation in Puerto Rico.
• Announcement placed on a local radio station, for quasi legislative matters.
• Sign installed on the property with the hearing’s date, time and mode added.

1. 1

   Step 1: Who is notified

   The JP, OGPe, the Adjudicative Board or the autonomous municipalities with hierarchy I to III notify public hearings, per Rule 2.1.7, to the owners of properties adjoining the one at issue — complying with Sections 2.1.9.7 and 2.1.9.8 — and to all parties already recognized, their authorized representatives and intervenors. That is, the hearing’s list is built on the same definition of adjoining owner that governs filing.

2. 2

   Step 2: The fifteen days, and when they shrink

   The notification is made no less than fifteen days before the date set for the hearing, unless for duly justified cause recorded in the notification it is necessary to shorten that period. Note the condition: shortening the term requires justified cause and that the cause be recorded in the notification itself.

3. 3

   Step 3: The certified list the applicant uploads

   The applicant must upload a certified list with the names and postal addresses on record at the CRIM of all owners of properties adjoining the one at issue, preferably including the email. Where a neighbour’s name, address or email cannot be obtained, the alternate notification method of Section 2.1.9.8 applies.

4. 4

   Step 4: The six things the notification says

   The hearing’s date, time and mode, and its nature and purpose. A warning that people may take part assisted by lawyers but are not obliged to be so represented, including corporations and partnerships, per Law 38-2017. A citation of the legal or regulatory provision authorizing the hearing. A reference to the legal or regulatory provisions allegedly infringed and the facts constituting the infringement. A warning of the measures the agency may take if a recognized party fails to appear. And a warning that the hearing may not be suspended save for just cause.

5. 5

   Step 5: The newspaper notice

   The applicant publishes a notice in a newspaper of general circulation in Puerto Rico, no less than fifteen days before the hearing date. That notice is at the applicant’s expense, not the agency’s, and its publication date matters: in quasi legislative matters the radio announcement must indicate the date the newspaper notice was published.

6. 6

   Step 6: Quasi legislative matters: two languages, internet and radio

   For quasi legislative matters, the applicant publishes a notice in Spanish and English no less than fifteen days ahead, in a newspaper of general circulation in Puerto Rico and in Spanish and English on the internet. If the rule’s or regulation’s adoption, amendment or repeal affects a specific resident community, it must be published in a regional newspaper where publication in the region is available. And an announcement must be placed on a local radio station with the largest audience or closest to the community, at least twice, at any time between 7:00 a.m. and 7:00 p.m.

7. 7

   Step 7: What the notice must say

   Four things: a summary or brief explanation of the proposed action’s purposes, which may also include the physical address where it is located; a citation of the legal adoption authorizing the action; the form, place, days and hours for submitting written or emailed comments; and the physical place and electronic address where the application file will be available to the public. That last item is what lets a neighbour read the file before speaking.

8. 8

   Step 8: The date goes on the sign too

   No less than fifteen days before the public hearing, on the sign previously installed on the property, the applicant must add the hearing’s date, time and mode. For quasi legislative matters, the sign must be installed no less than fifteen days ahead, carrying the information of Section 2.1.9.12 plus the date, time and mode, and must remain installed on the property until a final determination is issued.

9. 9

   Step 9: By what medium the notification arrives

   Rule 2.1.7 sets the channel: all notifications required in the Regulation must be made by email, except where the person to be notified has no email address registered in the system, in which case notification is by ordinary mail or in person as an alternate method. It applies to the JP, OGPe’s Adjudicative Board, the autonomous municipalities with hierarchy I to III and OGPe’s Administrative Review Division. And orders or resolutions from adjudicative procedures may use electronic correspondence in substitution of or as a complement to ordinary mail, safeguarding the right to timely notification.

The notification is sent by the JP, OGPe, the Adjudicative Board or the autonomous municipality with hierarchy I to III, by email per Rule 2.1.7, and by ordinary mail or in person where no email is registered. The certified list of adjoining owners is uploaded to the system by the applicant. The notice is published by the applicant in a newspaper of general circulation — and, in quasi legislative matters, also on the internet, in a regional newspaper where applicable and on the radio. The public’s comments are submitted in writing or by email in the form, place, days and hours the notice itself indicates.

• Counting fewer than fifteen days between notification and hearing without duly justified cause recorded in the notification itself.
• Uploading a list of adjoining owners uncertified or without the data on record at the CRIM.
• Omitting the adjoining owners’ emails from the list, when the section asks for them preferably.
• Publishing the newspaper notice less than fifteen days before the hearing date.
• In quasi legislative matters, publishing only in Spanish, or only in the newspaper, without the English version or the internet publication.
• Forgetting the regional newspaper where the action affects a specific resident community and publication in the region is available.
• Placing a single radio announcement, or outside the 7:00 a.m. to 7:00 p.m. window, or without indicating the date the newspaper notice was published.
• Leaving the sign without the hearing’s date, time and mode, or adding them less than fifteen days ahead.
• In quasi legislative matters, removing the sign before a final determination is issued.
• Publishing a notice that does not say where the file will be available or how to submit comments.
• Not keeping the email address current in the system, which is the channel the Regulation’s notifications travel by.

These are the government pages this guide is based on.

• Oficina de Gerencia de Permisos (OGPe)

  OGPe

  docs.pr.gov

• OGPe Single Business Portal

  ogpe

  www.permisos.pr.gov

• Planning Board

  jp

  jp.pr.gov