In short
Sections 2.1.10.11 to 2.1.10.16 of Joint Regulation No. 9473 cover what happens inside the public hearing and after it. If a duly summoned party does not appear or take part in the pre-hearing conference, the hearing or any other stage, the presiding officer may declare them in default, fine them and continue the procedure without their participation, but must notify them in writing of the determination, its grounds, the review remedy available and the term to exercise it. During the hearing, which is recorded, the Hearing Officer offers all parties the time needed for a complete disclosure of the facts, the opportunity to respond, present evidence, argue and submit rebuttal evidence, and may exclude impertinent, immaterial or repetitive proof. The Rules of Evidence do not apply, though the fundamental principles of evidence may be used to achieve a swift, just and economical resolution. After the hearing, the Hearing Officer may grant a term that in no case exceeds ten days to file writings, reply and propose findings of fact and conclusions of law, and every post-hearing writing must be notified simultaneously to the parties or it is not considered. Economic sanctions do not exceed five hundred dollars per separate imposition, and the same figure caps the fine for disrespectful conduct or intentional interruption. The Hearing Officer’s report is rendered in twenty days, or fifteen in quasi legislative processes.
What is it?
These are Sections 2.1.10.11 to 2.1.10.16 of Chapter 2.1 of Joint Regulation No. 9473. They cover default, how the hearing is conducted, the inapplicability of the Rules of Evidence, post-hearing writings, the sanctions regime and the report with which the Hearing Officer closes their intervention. It is the part of the procedure that decides what stays in the record and what does not.
Who can do it?
It applies to every duly summoned party in an adjudicative procedure before the JP, OGPe, the Adjudicative Board or the autonomous municipalities with hierarchy I to III, to their lawyers where they are responsible for the non-compliance, and to any person present during the proceedings or a hearing as to the fine for disrespectful conduct or for intentionally interrupting or delaying without justified cause.
Requirements
- Appearing and taking part when duly summoned: failing to appear at the pre-hearing conference, the hearing or any other stage allows the party to be declared in default, fined and the procedure continued without them.Verified against the official source
- That the default declaration be notified in writing to the party, per Rule 2.1.7, with the grounds, the review remedy available and the term to exercise it.Verified against the official source
- Notifying simultaneously to the parties already recognized every writing filed after the hearing; if they are not notified, the writings are not considered for the determination on the case.Verified against the official source
- Filing post-hearing writings within the term the Hearing Officer grants, which in no case exceeds ten (10) days from the hearing’s conclusion.Verified against the official source
- Showing cause within the term of fifteen (15) days from the order’s notification, where an order to show cause why a sanction should not be imposed is issued.Verified against the official source
- Refraining from disrespectful conduct toward the Hearing Officer or any participant, and from intentionally interrupting or delaying the proceedings without justified cause.Verified against the official source
- That the Hearing Officer’s report state the persons considered parties and contain findings of fact and conclusions of law.Verified against the official source
Documents you need
Cost
Step by step
Step 1: Default
If a duly summoned party does not appear or take part in the pre-hearing conference, the public hearing or any other stage of the adjudicative procedure, the presiding officer may declare them in default, fine them and continue the procedure without their participation. But it cannot be done silently: they shall notify the party in writing of the determination, per Rule 2.1.7, with the grounds, the review remedy available and the term to exercise it.
Step 2: How the hearing is conducted
The public hearing is recorded. The presiding Hearing Officer offers all parties the time needed for a complete disclosure of all facts and issues in dispute, the opportunity to respond, present evidence, argue and submit rebuttal evidence, except as restricted or limited by the pre-hearing conference stipulations. They may exclude evidence that is impertinent, immaterial, repetitive or inadmissible on constitutional or legal grounds, and evidence based on evidentiary privileges recognized by Puerto Rico’s courts.
Step 3: Who accompanies the Hearing Officer
The Hearing Officer may take official notice of anything that could be subject to judicial notice in the courts, and may be accompanied by the specialist, analyst, planner or technician evaluating the case. Where that specialist or technician cannot attend the hearing, if necessary, the manager of the division or supervisor they belong to may assign a substitute technician to provide the technical expertise.
Step 4: The Rules of Evidence do not apply
Section 2.1.10.13 says it in two sentences: the Rules of Evidence do not apply to the proceedings followed at the hearings; however, the fundamental principles of evidence may be used to achieve a swift, just and economical resolution of the procedure. For a citizen without a lawyer this matters: the hearing does not run with a trial’s formalism, though the Hearing Officer may indeed exclude impertinent or repetitive proof.
Step 5: The ten days for post-hearing writings
The Hearing Officer, on their own motion or at a party’s request, may grant a term that in no case exceeds ten days from the hearing’s conclusion to file writings or other documents relevant to the controversy, to give the other recognized parties an opportunity to reply, and to submit proposed findings of fact and conclusions of law. And there is a condition that voids the effort if forgotten: every writing filed after the hearing must be notified simultaneously to the parties already recognized; if they are not notified, the writings are not considered for the determination on the case.
Step 6: The ladder of sanctions
If a party fails to comply with the rules or with any order of the JP, OGPe, the Adjudicative Board, the autonomous municipalities or a Hearing Officer, they may be ordered to show cause why a sanction should not be imposed. The order informs of the rules, regulations or orders not complied with and grants a term of fifteen days from notification to show cause. Failing that order, or where it is determined that no cause justified the non-compliance, an economic sanction not exceeding five hundred dollars per separate imposition may be imposed, on the party or on their lawyer if the latter is responsible.
Step 7: When the economic sanction is not enough
The rule escalates. The dismissal of the action may be ordered in the promovent’s case, or the allegations stricken in the case of the party proceeded against, if after economic sanctions were imposed and notified to the party, that party persists in non-compliance with the orders. And costs and attorney’s fees may be imposed, in the same cases provided by Rule 44 of Civil Procedure, 32 LPRA Ap. V, R. 44, which we did not read for this guide and whose criteria we therefore do not reproduce.
Step 8: The fine for interrupting or being disrespectful
The Hearing Officer warns participants at the hearing’s start that anyone who during the proceedings or a hearing observes disrespectful conduct toward the Hearing Officer or any participant, or who intentionally interrupts or delays the proceedings without justified cause, may be sanctioned with an administrative fine not exceeding five hundred dollars, at the presiding Hearing Officer’s discretion. Note the warning is mandatory and is given at the start.
Step 9: The report and its twenty days
Once the case is submitted for adjudication, the Hearing Officer has a maximum term of twenty days to render the report, unless an additional term was granted after the hearing, in which case the twenty days run from that additional time. For quasi legislative processes, the report must be submitted within fifteen days from the hearing. The report must state the persons considered parties and contain findings of fact and conclusions of law.
Step 10: The report does not decide, but it is public
The JP, OGPe, the Adjudicative Board or the autonomous municipality with hierarchy I to III may adopt the Hearing Officer’s report partially or wholly, or reject it entirely. And the report is filed in the record and is a public document for all legal purposes as soon as the resolution disposing of the matter is signed. That is: it can be requested and read, but only after the resolution is signed.
Where to do it
Everything happens within the adjudicative procedure before the JP, OGPe, the Adjudicative Board or the autonomous municipality with hierarchy I to III handling the application. Post-hearing writings are filed in that same record, with simultaneous notification to the parties already recognized. The default determination is notified in writing per Rule 2.1.7, with the review remedy available and its term.
How long it takes
What to do if something goes wrong
Three things get lost through carelessness in this part of the procedure. The first is appearance: not attending the pre-hearing conference, the hearing or any other stage allows you to be declared in default, fined and left behind; if that happens, the written notification must state the grounds, the review remedy and the term, so read it in full and do not let the term run. The second is post-hearing writings: the Hearing Officer may grant up to ten days from the hearing’s conclusion to file documents, reply or propose findings of fact and conclusions of law, but everything filed after the hearing must be notified simultaneously to the other recognized parties, and if it is not notified it is simply not considered. The third is the show-cause order: it gives fifteen days from its notification, and letting them pass opens the door to a sanction of up to five hundred dollars per separate imposition, which may fall on the party or on their lawyer. If non-compliance persists after sanctions already notified, the agency may dismiss the action or strike the allegations. And a note for whoever is going to speak: the Rules of Evidence do not apply, so no procedural technique is needed, but it is worth getting to the point, because the Hearing Officer may exclude the impertinent and the repetitive, and warns at the start that interrupting or being disrespectful costs up to five hundred dollars.
Common mistakes
- Not appearing at a stage of the procedure while duly summoned, which allows default, a fine and the case continuing without the party.
- Letting the review remedy’s term run, which the default notification itself must state.
- Filing a post-hearing writing without notifying it simultaneously to the other recognized parties, so that it is not considered.
- Exceeding the ten days the Hearing Officer may at most grant for post-hearing writings.
- Ignoring a show-cause order, or answering it after the fifteen days from its notification.
- Assuming the five-hundred-dollar sanction is a total cap, when it is per separate imposition.
- Believing the sanction falls only on the party, when it may fall on their lawyer if the lawyer is responsible for the non-compliance.
- Persisting in non-compliance after economic sanctions already notified, which enables dismissal of the action or striking of the allegations.
- Intentionally interrupting or delaying the proceedings without justified cause, or being disrespectful, with a fine of up to five hundred dollars.
- Preparing for the hearing as for a trial, when the Rules of Evidence do not apply though their fundamental principles are used.
- Expecting the Hearing Officer’s report to be the final decision, when the agency may adopt it partially, wholly or reject it.
Frequently asked questions
What happens if I do not attend the hearing after being summoned?
The presiding officer may declare you in default, fine you and continue the procedure without your participation, but must notify you in writing of the determination, its grounds, the review remedy available and the term to exercise it.
Do the Rules of Evidence apply at the hearing?
No. The Rules of Evidence do not apply to the proceedings followed at the hearings; however, the fundamental principles of evidence may be used to achieve a swift, just and economical resolution of the procedure.
May I submit documents after the hearing?
Yes, if the Hearing Officer grants the term, which in no case exceeds ten days from the hearing’s conclusion. Every post-hearing writing must be notified simultaneously to the parties already recognized; if they are not notified, it is not considered for the determination.
How much is the fine for interrupting a hearing?
Up to five hundred dollars. The Hearing Officer warns at the start that anyone who observes disrespectful conduct toward them or any participant, or who intentionally interrupts or delays the proceedings without justified cause, may be sanctioned with an administrative fine not exceeding that amount, at their discretion.
When is the Hearing Officer’s report rendered?
Within a maximum term of twenty days once the case is submitted for adjudication, or from the additional time granted after the hearing. In quasi legislative processes, within fifteen days from the hearing. It is public for all legal purposes as soon as the resolution disposing of the matter is signed.
Official sources
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
Last verified
September 6, 2026
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