Senate committee questions nominee for consumer-affairs secretary on staffing, condo disputes and solar complaints

Lizuanet González Ruiz, nominated by Governor Pedro Pierlisi Urrutia to be secretary of the Department of Consumer Affairs (DACO), told the Senate Nominations Committee on Feb. 5, 2024, that the agency has taken steps to speed consumer cases, expand specialized units and detect fraud, but senators pressed her on staffing, regional office conditions and complaints tied to solar installations.

González Ruiz opened her presentation by recounting her legal and public-service background and her time at DACO, including service as subsecretary and interim director. "Durante el año natural dos mil veintitrés, el departamento emitió un total de nueve mil trescientas veintiséis resoluciones en mérito," she said, and added that remedies obtained for consumers in 2023 totaled approximately $9,901,331.54.

She described recent organizational changes: decentralizing condominium-complaint adjudication to regional offices (Arecibo, Caguas, Mayagüez, Ponce and San Juan) under administrative order 2023-4; creating an office for renewable-energy matters that she said "redujo de cuatrocientas treinta y cuatro a treinta el número de querellas en proceso sobre estas plataformas en apenas noventa días"; and launching a fraud-detection unit to identify and publish consumer-scam alerts weekly. She also said inspectors conducted 7,153 preventive visits in 2023, issued 523 notices of infraction and collected about $385,167.34 in direct fines from those actions.

Senators focused on staffing and capacity. Sen. María de Lourdes Santiago Negrón asked how many administrative judges and attorneys handled the caseload that produced the reported resolutions; González Ruiz replied DACO has 158 employees islandwide, including about 30 attorneys (recent hires bring that to 35) and "aproximadamente veinticinco" administrative judges, and said the department expects each judge to issue roughly 25–30 resolutions per month. "Mientras más empleados haya, más eficiente va a ser el trabajo," she said when pressed on the need for more hires.

Members also raised a high-profile condominium dispute in Ponce (Estancias de Aragón) that is pending in the courts. Senators asked whether the condominium law or the Civil Code governs obligations for owners when property is unusable; González Ruiz said the matter is sub judice and under the jurisdiction of the judiciary, while DACO will continue to process complaints "conforme a la ley especial." She emphasized the department's legal position is based on the special condominium statute and said legislative clarification would be a prerogative for the Legislative Assembly if needed.

On solar installations, senators described earlier bills aimed at expanding DACO's jurisdiction over guarantees and consumer protections. González Ruiz said DACO's renewable-energy office receives "entre treinta a cuarenta querellas mensuales de energías renovables" mainly for warranty, contract and service disputes. She recommended stronger consumer protections including bilingual contracts and legal clarity for vulnerable consumers, noting that many contracts are lengthy and in English.

Senators also pressed on regional office conditions. Lawmakers described water leaks, rodent infestation and cramped space at the Arecibo regional office; González Ruiz said DACO has coordinated extermination and repairs and will meet with the Arecibo mayor. The committee formally ordered DACO to provide documentation about the maintenance contract and responsibility for the Arecibo building within five business days.

The committee likewise granted a five-business-day request to supply counts of complaints tied to solar installations and to distinguish which complaints relate to the government's voucher (vales) program. González Ruiz said preliminary regional and yearly totals exist but that tying each complaint to the voucher program would require case-by-case verification.

Committee members asked about implementation of remote adjudicative hearings. In response to Sen. Arialie González, González Ruiz said the amended Uniform Administrative Procedures law (and a related amendment identified in the hearing record) makes videoconference the first option and that DACO is holding most hearings remotely unless particular circumstances require in-person proceedings.

González Ruiz concluded by listing agency priorities: strengthening the condominium unit and trustee bank, expanding mediation to reduce adjudicative caseload, implementing an execution-of-judgments pilot to enforce resolutions, and continuing public education. The committee recessed briefly during the hearing and adjourned at 12:32 p.m.

The committee requested specific follow-ups (Arecibo maintenance documentation and a tabulation of solar-related complaints and vouchers) with a five-business-day deadline; senators noted DACO may request more time if needed. No confirmation vote was recorded during the hearing.