Maceira Zayas advises businesses, government entities, developers, and regulated professionals on administrative and regulatory law in Puerto Rico and at the federal level. This practice is the backbone of the firm's work—touching virtually every industry we serve and connecting our transactional, litigation, and government affairs capabilities.
Regulatory matters rarely exist in isolation. A single project may require federal grant compliance, local environmental permits, professional licensing, and agency approvals across multiple jurisdictions. We handle this complexity by integrating regulatory counsel into every stage of our clients' operations—from entity formation and licensing through ongoing compliance, audits, and enforcement response.
The firm's approach is informed by direct government experience. Members of our team have served as Secretary of Consumer Affairs, Secretary of Public Affairs, Executive Director of the Ports Authority, Deputy Solicitor General, and Justice of the Puerto Rico Supreme Court. We understand how agencies operate from the inside—how decisions are made, how discretion is exercised, and how to position clients for favorable outcomes.
We represent clients at every stage of the regulatory lifecycle: pre-application strategy, licensing and permit applications, compliance program development, regulatory reporting, agency investigations, enforcement defense, administrative hearings, and judicial review.
What licenses do I need to operate a business in Puerto Rico?
Most businesses in Puerto Rico require registration with the Department of State, a merchant's registration certificate from Hacienda, and a municipal business license (patente). Depending on your industry, you may also need professional licenses, health permits, environmental authorizations, or industry-specific certifications. Failure to obtain required licenses can result in fines, operational shutdowns, and inability to contract with government entities.
What is OGPe and how does the permitting process work?
OGPe (Oficina de Gerencia de Permisos) is Puerto Rico's unified permit management office, created to streamline the permitting process across agencies. Applicants submit through a single system, and OGPe coordinates review among relevant agencies (DNER, ARPE, Fire Department, Health, etc.). While OGPe has simplified the process, complex projects still require strategic coordination to avoid delays and ensure all agency requirements are met.
What is 2 CFR Part 200 and when does it apply?
2 CFR Part 200, known as the Uniform Guidance, sets federal requirements for grants and cooperative agreements. It applies whenever entities use federal funds—including FEMA disaster recovery, HUD CDBG-DR, DOE infrastructure awards, and federal health and education funding. The regulation establishes procurement standards, cost principles, audit requirements, and subrecipient monitoring obligations. Non-compliance can result in cost disallowances, repayment, suspension, or debarment.
What is NEPA and does it apply to projects in Puerto Rico?
The National Environmental Policy Act (NEPA) requires federal agencies to assess the environmental impact of proposed actions before making decisions. NEPA applies in Puerto Rico to any project with a federal nexus—including projects receiving federal funding, requiring federal permits, or located on federal land. Compliance typically involves preparing an Environmental Assessment (EA) or Environmental Impact Statement (EIS), depending on the project's potential impacts.
What is the Build America, Buy America Act?
The Build America, Buy America Act (BABAA), enacted under the Infrastructure Investment and Jobs Act in 2021, requires that all iron, steel, manufactured products, and construction materials used in federally funded infrastructure projects be produced in the United States. The requirement applies to federal financial assistance for infrastructure obligated after May 14, 2022. Waivers may be available based on public interest, non-availability, or unreasonable cost.
What should I do if I receive a notice of violation or administrative complaint?
Do not ignore it. Administrative complaints and notices of violation typically have short response deadlines, and failure to respond can result in default findings, fines, or license suspension. Contact legal counsel immediately to assess the allegations, preserve relevant documents, and prepare a response. Early engagement with the agency often leads to better outcomes than waiting for formal enforcement.
How do I challenge an adverse agency decision in Puerto Rico?
Administrative decisions by Puerto Rico agencies can be challenged through judicial review under Act 38-2017 (the Uniform Administrative Procedure Act). A party must typically exhaust administrative remedies before filing a petition for review in the Puerto Rico Court of Appeals within 30 days of the final agency decision. The court reviews the agency record and may affirm, reverse, or remand based on whether the agency acted within its authority and supported its findings with substantial evidence.
What is DACO and what does it regulate?
DACO (Departamento de Asuntos del Consumidor) is Puerto Rico's consumer protection agency. It regulates pricing practices, advertising, warranties, product safety, and commercial conduct affecting consumers. DACO investigates complaints, conducts inspections, and imposes administrative fines for violations. Businesses operating in retail, hospitality, telecommunications, and other consumer-facing industries should ensure their practices comply with DACO regulations and administrative orders.
What federal agencies have jurisdiction over environmental matters in Puerto Rico?
Environmental matters in Puerto Rico involve both federal and local agencies. Federal agencies include EPA (air and water quality, hazardous waste), the Army Corps of Engineers (wetlands and navigable waters), U.S. Fish and Wildlife Service (endangered species), NOAA (coastal and marine resources), and the Council on Environmental Quality (NEPA oversight). Puerto Rico's Department of Natural and Environmental Resources (DNER) administers local environmental permits and enforces Commonwealth environmental law.
Do I need legal counsel for regulatory compliance?
Regulatory requirements vary by industry and change frequently. Non-compliance can result in fines, license revocation, project delays, loss of federal funding, and reputational harm. Legal counsel experienced in administrative law can help you identify applicable requirements, design compliant programs, respond to agency inquiries, and resolve issues before they escalate to enforcement.
