Inspector general: 90% of gov’t regulations are outdated

By The Star Staff

The Puerto Rico Office of the Inspector General (OIG) has issued critical findings demonstrating that over 90% of government entities’ regulations remain unreviewed and outdated. The alarming oversight affects 78 agencies that are currently in noncompliance with Act No. 38-2017, the Uniform Administrative Procedure Act (UAA).

The report reveals that out of the 2,986 regulations registered in the Department of State’s Electronic Registry of Regulations, a staggering 2,700 have not been reviewed in over five years. The blatant neglect violates Section 2.19 of Act No. 38-2017, which clearly mandates that regulations must be periodically reviewed to ensure they reflect public policy and conform to current legislation, noted the OIG.

The agencies failing to meet the aforementioned requirements include the Department of Labor and Human Resources, Treasury Department, Department of Agriculture, Puerto Rico Planning Board, Agricultural Business Development Administration, Office of Human Resources Management and Transformation, Office of the Insurance Commissioner.

The OIG’s report unequivocally states that the lack of regulatory review can lead to inconsistencies with existing legislation, shifts in public policy, and disruptions in the government’s structural integrity, all of which compromise regulatory coherence. Moreover, outdated regulations impede the proper interpretation and application of rules, potentially causing unintentional noncompliance and undermining the rights and obligations of third parties.

“The presence of outdated regulations in the Department of State’s Electronic Registry of Regulations obstructs access to reliable information on the current regulatory framework, thereby eroding accountability,” the report asserts.

The OIG identifies a striking lack of formal processes within agencies for reviewing the regulations as a primary factor contributing to the observed violation. Furthermore, the absence of robust monitoring mechanisms by the Department of State has allowed numerous regulations to remain unreviewed for far too long.

The report also highlights significant deficiencies in the Department of State’s Registry of Regulations, noting discrepancies such as repealed regulations still classified as current and outdated information regarding changes in government structure. The Department of State admits that the registry depends on information supplied by agencies and lacks a formal mechanism for periodic verification, leading to a troubling lack of transparency and increasing legal uncertainty.

On a positive note, the OIG recognized the proactive steps taken by Gov. Jenniffer González Colón in approving executive orders OE-2025-009 and OE-2025-023. Those orders set forth a clear public policy focused on the urgent need to review and update government structures and call for the establishment of an efficiency coordinator tasked with comprehensively reviewing outdated or redundant procedures and regulations.

The OIG’s recommendations are assertively designed to strengthen its monitoring and oversight functions, ensuring that each entity complies with its obligations under the executive orders and promoting efficient, transparent administrative review and update processes.

Moreover, the investigation highlighted critical deficiencies in updating internal regulations within operational and administrative areas. The OIG identified a stark lack of processes aimed at ensuring the review of non-legislative regulations, including manuals, standards, and administrative memos. In many instances, the OIG found that no regulations exist to address pressing issues in administrative areas.

Following a thorough review of documents governing procurement processes, auctions, property and equipment management, fleet management and usage, contracting of professional and consulting services, board of directors’ operations, pre-audit of invoices, and tax document management, the OIG discovered serious shortcomings.

While no specific legal mandate exists for reviewing internal regulations, it is an undeniable best practice for agencies to conduct regular reviews to guarantee their relevance and effectiveness. The OIG’s findings unequivocally indicate that internal regulations governing administrative and operational processes are not effectively aligned with the public policy directives assigned to government agencies.

The study confirmed that up to 44 entities have internal regulations that have not been reviewed in a timely manner, impacting a total of 327 regulations. Additionally, 35 entities were found to lack regulations in one or more essential operational areas. This failure to uphold standards must be addressed immediately to ensure compliance and accountability within government operations.