Oficina De Etica Gubernamental v. Questell Alvarado, Enrique H
KLRA202400259
Tribunal De Apelaciones De Pue...Jul 12, 2024Background
- Enrique H. Questell Alvarado, former mayor of Santa Isabel (2005–2021), was sanctioned by the Puerto Rico Office of Government Ethics (OEG) for failing to submit complete financial disclosures for 2016 and 2017.
- OEG's audit identified significant omissions in Questell's filings, including unreported real estate, corporate interests, and banking information, as required by the Organic Law of the OEG (Law No. 1-2012).
- Despite multiple administrative requests and opportunities to correct the filings (including a formal Requerimiento and chances to pay lesser fines), Questell failed to comply or attend initial informal hearings.
- OEG imposed a $5,500 fine and ordered Questell to provide the missing financial information. Questell challenged this in administrative appeals, arguing procedural and substantive errors.
- The Appellate Court reviewed only errors of law, given that factual findings were uncontested, and deferred to the specialized expertise of the administrative agency.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether OEG exceeded legal deadline for auditing financial statements | OEG acted outside 2 years/90 days; failed to justify delay | Audit period never ran as statements were incomplete | No error: clock never started; filings incomplete |
| Whether Questell was improperly denied right to take depositions as discovery | Banning depositions violated due process | Ban applied to both sides; other discovery available | No error: denial was reasonable, no prejudice |
| Whether OEG should have dismissed for insufficient investigation before complaint | Complaint unsubstantiated by “exhaustive” inquiry | Administrative process followed; opportunities were given | No error: process and investigative steps followed |
Key Cases Cited
- Hernández Feliciano v. Mun. Quebradillas, 211 DPR 99 (Review standards for administrative agency deference)
- Torres Rivera v. Policía de PR, 196 DPR 606 (Agency evidentiary standards and judicial review)
- Empresas Ferrer v. A.R.Pe., 172 DPR 254 (Substantial evidence requirement in administrative review)
- Otero v. Toyota, 163 DPR 716 (Burden on challengers to overcome presumption of administrative regularity)
- Ramírez v. Policía de PR, 158 DPR 320 (Limits and discretion in administrative discovery)
- Florenciani v. Retiro, 162 DPR 365 (Admissibility of procedural rules in administrative context)