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IT LAYS DOWN THE BASIS OF THE ADMINISTRATIVE PROCEDURES GOVERNING THE ACTS OF THE ORGANS OF THE STATE ADMINISTRATION.

Original Language Title: ESTABLECE BASES DE LOS PROCEDIMIENTOS ADMINISTRATIVOS QUE RIGEN LOS ACTOS DE LOS ORGANOS DE LA ADMINISTRACION DEL ESTADO.

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ESTABLISHES BASES OF THE ADMINISTRATIVE PROCEDURES GOVERNING THE ACTS OF THE ORGANS OF THE STATE ADMINISTRATION Having present that the National Congress has given its approval to the following Bill: " CHAPTER I General Provisions Article 1. Administrative Procedure. This law establishes and regulates the bases of the administrative procedure of the acts of the State Administration. In the event that the law establishes special administrative procedures, this law shall apply as a supplement. The reason for the acts of the State Administration will be governed by the provisions of the Constitution and the Constitutional Organic Law of the Comptroller General. Article 2. Scope of application. The provisions of this law shall apply to the ministries, the intrends, the governorships and the public services created for the performance of the administrative function. They will also apply to the Comptroller General of the Republic, the Armed Forces, and the Order and Public Security Forces, the regional governments, and the municipalities. The references that this law makes to the Administration or to the State Administration shall be construed as being made to the bodies and bodies referred to in the preceding paragraph. Article 3. Concept of Administrative Act. Written decisions to be taken by the Administration shall be made by means of administrative acts. For the purposes of this law, the administrative act shall mean the formal decisions issued by the organs of the State Administration in which declarations of intent are contained in the exercise of a public authority. The administrative acts will take the form of supreme decrees and resolutions. The supreme decree is the written order dictated by the President of the Republic or a Minister "By order of the President of the Republic", on matters of his own competence. The decisions are the acts of the same nature as the administrative authorities with the power to decide. They also constitute administrative acts of the opinions or statements of judgment, constancy or knowledge which the organs of the Administration carry out in the exercise of their powers. The decisions of the multi-personal administrative bodies are referred to as agreements and are carried out by means of decisions of the executive authority of the institution concerned. Administrative acts enjoy a presumption of legality, of empire and of enforceability vis-à-vis their addressees, from their entry into force, authorising their execution of their trade by the administrative authority, unless they measure a (a) suspension by the administrative authority within the jurisdiction of the court or by the judge, knowing by the court. Article 4. Principles of procedure. The administrative procedure shall be subject to the principles of writing, gratuity, speed, conclusion, procedural economy, contradiction, impartiality, abstention, non-formalisation, inexcusable, impugability, transparency and advertising. Article 5. Principle of writing. The administrative procedure and the administrative acts to which it gives rise shall be expressed in writing or by electronic means, unless their nature requires or permits another more appropriate form of expression and constancy. Article 6. Principle of gratuitousness. In the administrative procedure, the actions to be carried out by the organs of the State Administration shall be free of charge to the persons concerned, unless otherwise provided for in law. Article 7. Principle of speed. The procedure, subject to the criterion of speed, will be automatically taken forward in all its formalities. The authorities and officials of the organs of the State Administration must act on their own initiative at the initiation of the procedure in question and in their pursuit, by issuing the formalities to be completed by the file and removing any obstacles that may affect your prompt and proper decision. In the case of files originating in an application or in the exercise of a right, the strict order of entry shall be kept on matters of a similar nature, unless the holder of the administrative unit is given a reasoned order in This is not the case. Article 8. Concluded principle. The entire administrative procedure is intended for the administration to make a decision on the matter of substance and in which it expresses its will. Article 9. Principle of procedural economics. The administration must respond to the maximum economy of means effectively, avoiding delaying procedures. All formalities which, by their nature, are to be carried out simultaneously, shall be decided in a single act, provided that their successive implementation is not compulsory. When applying for formalities to be completed by other bodies, the time limit set for this purpose must be entered in the communication. The incidental questions raised in the proceedings, including those relating to the nullity of proceedings, shall not suspend the proceedings of the proceedings, unless the Administration, on the basis of a reasoned decision, determines otherwise. Article 10. Principle of Contradiction. Interested parties may, at any time in the proceedings, submit claims and provide documents or other evidence. The parties concerned may at all times plead defects in the proceedings, in particular those involving a standstill, infringement of the time limits laid down or the omission of formalities which may be remedied before the final decision is taken. Such claims may give rise to the requirement for disciplinary liability if there are reasons for this. The persons concerned may, in any event, act as an adviser when they consider it appropriate in defence of their interests. In any event, the instructor shall take the necessary measures to ensure full respect for the principles of contradiction and equality of the parties involved in the proceedings. Article 11. Principle of impartiality. The administration must act objectively and respect the principle of probity enshrined in the legislation, both in the substance of the procedure and in the decisions it takes. The facts and principles of law must always be expressed in those acts which affect the rights of individuals, whether they limit, restrict, deprive, disturb or threaten their legitimate exercise, as well as those that resolve administrative resources. Article 12. Principle of abstention. The authorities and officials of the Administration in which some of the circumstances referred to below are given shall refrain from taking part in the proceedings and shall communicate it to their immediate superior, who shall settle the matter. The following are reasons for abstention: 1. Having a personal interest in the case in question or in the case in which the decision may affect the case; being an administrator of a company or an entity concerned, or having a pending issue with some interested. 2. To have kinship of consanguinity within the fourth degree or affinity within the second, with any of the interested, with the administrators of entities or societies interested and also with the advisors, legal representatives or The representatives of the representatives of the European Union and the Member State of the European Union, including the European Union, the European Union and the European Union. 3. To have intimate friendship or manifest enmity with one of the persons mentioned above. 4. To have had an intervention as a expert or as a witness in the procedure in question. 5. To have a relationship of service with natural or legal person directly interested in the subject, or to have lent him in the last two years professional services of any kind and in any circumstance or place. The action of authorities and officials of the Administration in which the reasons for abstention are met shall not necessarily imply the invalidity of the acts in which they have intervened. Failure to abstain in cases where appropriate will give rise to liability. In the cases provided for in the preceding cases, the persons concerned may be disallowed at any time during the procedure. The disablement shall be brought before the same authority or official concerned in writing, in which the cause or cause of the case is expressed. Article 13. Principle of non-formalisation. The procedure must be developed with simplicity and efficiency, so that the formalities required are those indispensable for the absence of any evidence of the actions and the avoidance of harm to individuals. The procedural or procedural defect only affects the validity of the administrative act when it falls to an essential requirement of the act, either by its nature or by the mandate of the legal system, and to the detriment of the person concerned. The Administration may remedy the defects of the acts which it issues, provided that this does not affect the interests of third parties. Article 14. Principle of inexcusable. The Administration shall be obliged to issue an express resolution in all proceedings and to notify it, whatever its form of initiation. If an administrative body is required to intervene in a matter other than its jurisdiction, it shall immediately send the records to the authority which it is required to know in accordance with the legal order, informing the person concerned. In the case of a prescription, waiver of the right, withdrawal of the procedure or withdrawal of the application, as well as the disappearance of the object of the procedure, the decision shall consist of a statement of the circumstances in each case, indicating the facts produced and the rules applicable. Article 15. Principle of impugability. Any administrative act is impugable by the person concerned by means of the administrative resources of reorder and hierarchical, regulated in this law, without prejudice to the extraordinary resource of review and the other resources that establish the laws special. However, acts of mere processing are only impeachable when they determine the impossibility of continuing a procedure or producing defenselessness. The authority which shall lodge an action against an administrative act may itself issue the replacement act. Article 16. Principle of Transparency and Advertising. The administrative procedure shall be carried out in a transparent manner so as to permit and promote the knowledge, contents and foundations of the decisions taken in it. Consequently, except for the exceptions established in the Law of Transparency of the Civil Service and Access to Information of the State Administration and other legal provisions approved with a qualified quorum, the acts and resolutions of the organs of the State Administration, as well as the grounds and documents in which they are contained, and the procedures they use in their preparation or their use. Article 17. Rights of persons. Persons, in their relations with the Administration, are entitled to: (a) to know, at any time, the state of proceedings in respect of the procedures in which they have the status of persons concerned, and to obtain an authorized copy of the documents which are on the file and the return of the originals, unless (b) Identify the authorities and personnel at the service of the Administration, under the responsibility of which the procedures are dealt with; (c) Eximir to submit documents which do not correspond to the procedure, or which are already in the hands of the Administration; Access to administrative acts and their documents, in the terms provided for in law; and) to be treated with respect and deference by the authorities and officials, who shall facilitate the exercise of their rights and the fulfilment of their rights. obligations. The acts of instruction requiring the intervention of the persons concerned must be carried out in the manner which is most comfortable for them and is compatible, as far as possible, with their professional or professional obligations; allegations and to provide documents at any stage of the proceedings before the hearing, which must be taken into account by the competent body in writing the motion for a resolution; (g) Require the responsibilities of the administration Public and staff at their service, where appropriate legally; h) Obtaining information concerning the legal or technical requirements which the existing provisions impose on projects, actions or applications they intend to carry out, and (i) other than those recognised by the Constitution and the laws. CHAPTER II The Administrative Procedure Paragraph 1 Basic Standards Article 18. Definition. The administrative procedure is a succession of acts which are related to each other, emanated from the Administration and, where appropriate, from interested individuals, which is intended to produce a terminal administrative act. The administrative procedure consists of the following stages: initiation, instruction and completion. The entire administrative procedure must be recorded in a file, written or electronic, in which the documents submitted by the interested parties, third parties and other public bodies, with the expression of the date and time of their application, shall be established. reception, respecting your order of entry. The actions and the documents and decisions which the administrative body refers to the interested parties, third parties or other public bodies, and the notifications and notices to which they give rise, shall also be incorporated, with the expression of the date of and time of shipment, in strict order of occurrence or egress. In addition, an updated, written or electronic record shall be kept, to which the interested parties shall have permanent access, in which the actions referred to in the preceding paragraph are recorded, indicating the date and time of their submission, occurrence or shipment. Article 19. Use of electronic means. The administrative procedure may be carried out by means of electronic means and techniques. The organs of the Administration shall endeavour to provide the means compatible for this purpose, in accordance with the procedure governed by the laws. Article 20. Ability to act. They shall have the capacity to act before the Administration, in addition to the persons who enjoy it or exercise it in accordance with the general rules, the minors for the exercise and defence of those rights and interests whose performance is permitted by the legal/administrative system without the assistance of the person exercising the parental authority, guardianship or curatela. The case of disabled minors is excepted when the extent of the disability affects the exercise and defence of the rights or interests involved. Article 21. Interested. They are considered to be interested in the administrative procedure: 1. Those who promote it as holders of rights or individual or collective interests. 2. Those who, without having initiated the procedure, have rights which may be affected by the decision to be taken. 3. Those whose interests, individual or collective, may be affected by the resolution and are in accordance with the procedure as long as there is no definitive resolution. Article 22. Proxies. The interested parties may act by means of proxies, understanding that they have all the necessary powers to achieve the administrative act, unless otherwise expressed. The power must be entered in public deed or private document subscribed to notary. It shall always be necessary for public writing where the administrative act concerned produces effects which require such solemnity. Article 23. Obligation to meet the deadlines. The terms and time limits set forth in this or other laws require the authorities and personnel to serve the Administration in the handling of the cases, as well as those interested in them. Article 24. The official of the body to which he is responsible, who receives an application, document or file, must do so by the office concerned no later than 24 hours after its receipt. The procedures for the processing of documents must be delivered by the person who must do so, within 48 hours of receipt of the application, document or file. Reports, opinions or other similar actions shall be evacuated within a period of 10 days from the request of the diligence. Final decisions must be made within 20 days after they have been counted since, at the request of the person concerned, it is certified that the act is in a state of resolve. The unjustified extension of certification will give rise to administrative responsibility. Article 25. Calculation of time limits for the administrative procedure. The days of the days established in this law are business days, on the understanding that they are indeft on Saturdays, Sundays and holidays. The time-limits shall be computed from the day following the day on which the act concerned is notified or published or its estimation or dismissal is produced by virtue of the administrative silence. If, in the month of expiry, no equivalent is given to the day of the month in which the calculation begins, the period shall be deemed to expire on the last day of that month. Where the last day of the period is not deft, the deadline shall be extended to the following first working day. Article 26. Extension of time limits. The Administration, unless otherwise provided, may grant, on its own initiative or at the request of the parties concerned, an extension of the time limits laid down, which does not exceed half of the time limits, if the circumstances so advise and harm third party rights. Both the request of the parties concerned and the decision on the extension must, in any event, be made before the expiry of the period in question. In no case may an extension be extended by an expired period. Article 27. Except fortuitous cases or force majeure, the administrative procedure may not exceed 6 months, from its initiation to the date on which the final decision is issued. Paragraph 2 Initiation of procedure Article 28. Start. The procedures may be initiated on their own initiative or at the request of a person concerned. Article 29. Start of trade. The proceedings shall be initiated on their own initiative, as a result of a higher order, at the request of other bodies or on a complaint. Prior to the initiation agreement, the competent authority may open a period of prior information in order to ascertain the circumstances of the case and whether or not to initiate the procedure. Article 30. Start at party request. If the procedure is initiated at the request of an interested party, the application to be made shall contain: (a) the name of the person concerned and, where appropriate, his/her manager, as well as the identification of the preferred means or the place of origin; point out, for the purposes of notifications. b) Facts, reasons and requests in which the application is made. c) Place and date. d) Signature of the applicant or accreditation of the authenticity of his will expressed by any means enabled. (e) Administrative body to which it is addressed. When the pretenses corresponding to a plurality of persus They have an identical or substantially similar content and basis, they may be formulated in a single application, unless the regulatory rules of the specific procedures provide otherwise. Of the applications, communications and letters submitted by the persons concerned to the offices of the Administration, they may require the corresponding receipt to prove the date of filing, with the admission of such a copy the date of filing entered by the office. The Administration shall establish application forms, in the case of procedures involving the large resolution of a series of procedures. The forms mentioned above will be available to the public in the administrative departments. Applicants may accompany the documents they deem appropriate to specify or supplement the data in the form, which must be accepted and taken into account by the body to which they are addressed. Article 31. Additional background. If the application for initiation does not meet the requirements set out in the preceding Article and the conditions required, where appropriate, by the applicable specific legislation, the person concerned shall be required to submit, within a period of five days, the absence or accompanying documents, indicating that, if they do not do so, they shall be given the withdrawal of their request. In proceedings initiated at the request of the parties concerned, the competent body may request the applicant to amend or improve the terms of the applicant. This will be followed by a summary report, which will be incorporated into the procedure. Article 32. Provisional measures. The administrative body may, acting on its own initiative or at the request of a party, take the provisional measures it deems appropriate to ensure the effectiveness of the decision which may be made, if sufficient evidence exists. for this. However, prior to the initiation of the administrative procedure, the competent body, on its own initiative or at the request of a party, in cases of urgency and for the interim protection of the interests involved, may take the appropriate measures. Such provisional measures shall be confirmed, amended or lifted at the initiation of the procedure, which shall be carried out within 15 days of their adoption, which may be the subject of the action. In any event, the measures referred to in the preceding paragraph shall be without effect if the procedure is not initiated within that period, or where the decision initiating the procedure does not contain an express statement on the measures. Provisional measures may not be taken which may cause injury to the parties concerned, which may be difficult or impossible, or which involve infringement of rights covered by the laws. The provisional measures may be raised or amended during the processing of the procedure, either on its own initiative or at the request of a party, by virtue of circumstances which have occurred or which could not be taken into account at the time of its adoption. In any event, the measures referred to in this Article shall be extinguished with the effectiveness of the administrative decision terminating the relevant procedure. Article 33. Accumulation or de-accumulation of procedures. The administrative body that initiates or processes a procedure, whatever the form of its initiation, may arrange for its accumulation to other older persons with whom it has a substantial identity or intimate connection, or its disaccumulation. No action shall be taken against this resolution. Paragraph 3 Instruction of the procedure Article 34. Acts of instruction. The acts of instruction are those necessary for the determination, knowledge and verification of the data under which the act is to be given. They shall be carried out on their own initiative by the body which is processing the procedure, without prejudice to the right of the persons concerned to propose those actions which require their intervention, or constitute legal or regulatory formalities. Article 35. Test. The facts relevant to the decision of a proceeding may be credited by any eligible means of proof in law, being appreciated in conscience. Where the Administration is not aware of the facts alleged by the persons concerned or the nature of the procedure so requires, the instructor of the procedure shall order the opening of a probationary period, for a period not exceeding 30 days or less than 10 days, in order to allow them to be deemed relevant. The instructor of the procedure may reject the evidence proposed by the parties concerned only if they are manifestly inappropriate or unnecessary, by means of a reasoned decision. Article 36. Time of the test. The administration shall inform the parties concerned, in good time, of the action necessary for the conduct of the tests which have been accepted. The notification shall state the place, date and time of the test, with the warning, where appropriate, that the person concerned may appoint experts to assist him. Article 37. Reports. For the purposes of the decision of the procedure, those reports which indicate the legal provisions, and those which are deemed necessary to resolve, shall be requested, with the required requirement or justification, where appropriate, of the appropriateness of the of requiring them. Article 38. Value of the reports. Unless otherwise specified, the reports shall be optional and non-binding. If the report is to be issued by an administrative body other than the one dealing with the procedure in order to express the point of view corresponding to their respective powers, the time limit shall elapse without the latter having been (a) the action may be continued. Article 39. Public information. The body to which the decision of the procedure applies, where the nature of the procedure requires, may order a period of public information. For such purposes, it shall be announced in the Official Journal or in a national circulation journal, so that any person may examine the procedure, or the part of the procedure indicated. The notice shall indicate the place of display and shall determine the time limit for making observations, which shall in no case be less than 10 days. The lack of action in this procedure will not prevent the interested parties from bringing the proceedings against the final decision of the procedure. The action in the process of public information does not, by itself, grant the status of an interested party. In any event, the Administration shall give a reasoned, as appropriate, response which may be common to all observations which raise substantially equal questions. Paragraph 4. Completion of the Article 40 procedure. Conclusion of the procedure. The final resolution, the withdrawal, the declaration of abandonment and the waiver of the right to which the application is founded shall be terminated by the end of the procedure, when such waiver is not prohibited by the legal order. It will also produce the termination of the procedure the material impossibility of continuing it for over-coming causes. The resolution that will be given must be founded in any case. Article 41. Content of the final resolution. The resolution terminating the proceedings shall decide on the questions raised by the parties concerned. When the final decision is drawn up, related questions will be raised, they will be brought to the attention of the interested parties, who will have a period of 15 days to make the arguments they consider relevant and to provide, in their case, means of proof. After that period the competent body shall decide on them in the final decision. In the procedures dealt with at the request of the person concerned, the decision must comply with the requests made by the person concerned, without in any event being able to aggravate his initial situation and without prejudice to the power of the Administration to initiate proceedings. a new procedure, if applicable. Resolutions will contain the decision, which will be founded. They shall also express the remedies which they have brought against them, the administrative or judicial body before which they must be submitted and the time limit for bringing them together, without prejudice to the possibility of the persons concerned being able to exercise any other they deem appropriate. Under no circumstances may the Administration refrain from resolving under the pretext of silence, obscurity or inadequacy of the legal provisions applicable to the case, although it may resolve the inadmissibility of requests for recognition of rights provided for in the legal order or manifestly lacking in substance. The acceptance of reports or opinions shall serve as reasons for the decision when they are incorporated into the text of the decision. Article 42. Renunciation and Disisgation. Any person concerned may withdraw from his application or, where this is not prohibited by law, give up his rights. If the writing of initiation has been formulated by two or more interested parties, the withdrawal or the waiver will only affect those who have formulated it. Both the withdrawal and the waiver may be made by any means that permit their constancy. Article 43. Abandon. If, for more than 30 days, the proceedings initiated by him are brought to an end, the Administration shall warn him that if he does not carry out the proceedings of his office within seven days, he shall declare the abandonment of that procedure. After the period indicated above, without the specific required carrying out the necessary activities to resume processing, the Administration shall declare the procedure abandoned and order its file, notifying the person concerned. Abandonment will not in itself produce the prescription of the actions d the individual or the Administration. In any case, the abandoned procedures will not interrupt the limitation period. Article 44. Exception of abandonment. The Administration may not declare the abandonment, where the question concerns the general interest or should be continued for its definition and clarification. CHAPTER III Advertising and enforceability of administrative acts Paragraph 1 Notification Article 45. Provenance. The administrative acts of individual effects shall be notified to the persons concerned containing their full text. Notifications shall be made at the latest within five days of the date on which the administrative act has been fully processed. Notwithstanding the foregoing, administrative acts which affect persons whose whereabouts are ignored shall be published in the Official Journal. Article 46. Procedure. Notifications shall be made in writing, by registered letter addressed to the address which the person concerned has appointed in his first or subsequent presentation. Notifications by registered letter shall be construed as being made on the third day following their receipt at the appropriate Post Office. Notifications may also be made on a personal basis by means of an employee of the body concerned, who shall leave a full copy of the act or decision which is notified at the address of the person concerned, stating that this is done. Notifications may also be made in the office or service of the Administration, if the person concerned is to receive it, by signing the appropriate receipt in the file. If the interested party requires a copy of the act or resolution notified to it, it shall be given without further processing at the same time. Article 47. Tacit notification. Even if no notification has been made, or where there is a vitiated one, the act duly notified shall be understood if the person concerned shall, after the act, make any management in the proceedings, necessarily suppose their knowledge, without having previously claimed their lack or nullity. Paragraph 2 Publication Article 48. Obligation to publish. The following administrative acts shall be published in the Official Journal: (a) Those which contain rules of general application or which look at the general interest; (b) Those who are interested in an undetermined number of persons; (c) Those who affect persons whose whereabouts are ignored, in accordance with the provisions of Article 45; (d) Those to be published by the President of the Republic; and (e) acts in respect of which the law shall in particular order this procedure. In the case of acts referred to in point (c), the publication shall be made on the first day or 15 of each month or the following day, if it is not. Article 49. Authentication. Acts published in the Official Journal shall be authentic and officially notified, from that date to their full and full compliance, unless different rules are laid down on the date on which it is to take effect. Article 50, paragraph 3. Title. The Public Administration shall not initiate any material enforcement of decisions which limit the rights of individuals without the prior adoption of the resolution which serves as a legal basis. The body which orders a material implementing act shall be obliged to notify the individual concerned of the decision authorising the administrative action. Article 51. Enforceability. Acts of Public Administration subject to Administrative Law cause immediate enforceability, except in cases where a provision establishes the opposite or requires approval or superior authorization. Decrees and resolutions shall produce legal effects from their notification or publication, depending on the individual or general content. Article 52. Retroactivity. Administrative acts shall have no retroactive effect, except where there are favourable consequences for the parties concerned and do not adversely affect the rights of third parties. CHAPTER IV Review of administrative acts Paragraph 1 General principles Article 53. Invalidation. The administrative authority may, on its own initiative or at the request of a party, invalidate the acts contrary to the law, after hearing the person concerned, provided that he does so within two years from the date of notification or publication of the act. The invalidation of an administrative act may be total or partial. Partial invalidation shall not affect the provisions that are independent of the invalidated party. The invalidatory act shall always be impeachable before the Courts of Justice, in brief and summary proceedings. Article 54. A complaint to the Administration may be filed by a person concerned, the same claimant shall not be entitled to deduct the same claim from the Courts of Justice, while the claim has not been settled or the period for which it is to be understood has not elapsed. rejected. The complaint shall be interrupted by the time limit for the exercise of the judicial action. It shall be returned from the date of notification of the act which resolves it or, where appropriate, since the complaint has been rejected in the course of the period. If, in respect of an administrative act, judicial action is taken by the person concerned, the Administration shall be obliged to make known any claims which it makes on the same claim. Article 55. Notification to third parties. Interested parties who have participated in the proceedings, the interposition of the resources, shall be notified so that, within five days, they shall allege as soon as they consider it to be in defence of their interests. Article 56. The authority concerned shall order the services to be corrected by the administration or by the person concerned, where appropriate, the services which he or she advises in the proceedings, setting time limits for this purpose. Article 57. Suspension of the act. The interposition of the administrative resources shall not suspend the execution of the contested act. However, the authority called upon to resolve the appeal, at the request of the person concerned, may suspend enforcement where compliance with the contested act may cause irreparable damage or make it impossible to comply with the provisions of the the case of the appeal. Article 58. Advertising of the acts under appeal. A decision accepting appeals against acts which have been published in the Official Journal shall be published in an extract in that newspaper in the edition corresponding to the first day or 15 of each month or the following day if is indeft. Paragraph 2 of the Reorder and Hierarchical Resources Article 59. Provenance. The replacement appeal shall be lodged within five days before the same body which has issued the act which is contested; the hierarchical appeal may be brought in the case of a subsidy. The case shall be rejected in whole or in part, the file shall be raised to the top of the case where the hierarchical appeal is lodged with the latter. Where replacement is not made, the hierarchical action shall be brought before the superior of the person who has delivered the contested act within 5 days of notification. No hierarchical action shall be taken against the acts of the President of the Republic, the Ministers of State, the mayors and the heads of the decentralized public services. In such cases, the replacement resource will exhaust the administrative path. The authority called upon to give an opinion on the resources referred to in the preceding paragraphs shall have a period of not more than 30 days to resolve them. If a hierarchical resource has been deducted, the authority called to resolve it must first hear the appeal body which may formulate its discards by any means, written or electronic. The decision making the appeal may amend, replace or leave the contested act without effect. Paragraph 3 of the extraordinary review appeal Article 60. In the case of a firm administrative act, the review appeal may be brought before the hierarchical superior, if any of the following circumstances have been or, failing that, before the competent authority. (a) that the decision has been rendered without due notice; (b) that, in the course of the decision, there has been a manifest error of fact and that the decision has been decisive for the decision taken, or that documents of essential value for the decision of the case, ignored when the act was issued or that it was not possible to accompany them to the administrative file at that time; (c) That the act was declared as a result of prevarication by an enforceable judgment, (c) Co-de-facto, violence or other fraudulent machination, and (d) which in the resolution have influenced essential documents or testimonies declared false by a judgment which was executed after that decision, or which was earlier, would not have been known to the person concerned in a timely manner. The time limit for bringing the action shall be one year from the day following that in which the judgment was given in the cases referred to in points (a) and (b). With regard to points (c) and (d), that period shall be counted from the time the judgment is executed, unless it precedes the decision whose review is sought, where the time limit shall be computed from the day following that of the notification of the judgment. Paragraph 4 of the Office's ex officio review Article 61. Provenance. Administrative acts may be revoked by the body which has issued them. The revocation shall not proceed in the following cases: (a) In the case of declarative acts or creators of acquired rights legitimately; (b) Where the law has expressly determined another form of extinction of the acts; (c) Where, by their nature, the legal regulation of the act prevents them from being left without effect. Article 62. Clarification of the act. At any time, the administrative authority which has issued a decision terminating a procedure may, on its own initiative or at the request of the party concerned, clarify the doubtful or obscure points and rectify the errors of copy, of reference, of numerical calculations and, in general, of the purely material or facts which appear in the administrative act. CHAPTER V Final Provisions Article 63. Urgency procedure. Where the public interest is advised, it may be ordered, on its own initiative or at the request of the person concerned, that the procedure be applied to the urgent procedure. In such circumstances, the time limits laid down for the ordinary procedure shall be reduced by half, except those relating to the submission of applications and resources. No action shall be taken against the decision ordering the application of the urgency procedure to the proceedings. Article 64. Positive Silence. After the legal period for resolving an application which has resulted in a procedure, the person concerned may, without having to give a ruling on the application, denounce the failure to comply with that time limit before the authority to be resolved. the case, requiring a decision on your request. That authority shall grant receipt of the complaint, with the expression of its date, and shall send a copy of the complaint to its superior within the 24-hour period. If the authority to resolve the case is not pronounced within five days from receipt of the complaint, the request of the person concerned shall be deemed to be accepted. In the case of the preceding paragraph, the person concerned may request that it be certified that his application has not been resolved within the legal period. This certificate shall be issued without further processing. Article 65. Negative Silence. An application which is not settled within the legal period shall be deemed to be rejected where it affects the tax assets. The same shall apply in cases where the Administration acts on its own initiative, when it is required to rule on challenges or revisions of administrative acts or when the right of petition enshrined in the Treaty is exercised by any person. Article 19 (14) of the Political Constitution. In the case of the preceding paragraph, the person concerned may request that it be certified that his application has not been settled within a legal period. The certificate shall be granted without further processing, it being understood that from the date on which it has been issued, the time limits for bringing the resources to be instituted begin. Article 66. Effects of administrative silence. The administrative acts which are concluded by application of the provisions of the preceding articles shall have the same effects as those culminating in an express resolution of the Administration, from the date of the certification respective. Article 67.-The President of the Republic shall be empowered to do so within a period of one year from the publication of this law in the Official Journal, by means of one or more decrees with the force of law of the Ministry's General Secretariat, which must also be signed by the Minister for Economic Affairs, Development and Reconstruction, the Minister for Housing and Urban Planning, the Minister for Transport and Telecommunications and the Minister of the Interior, reduce the time limits for administrative procedures which govern the granting of the municipal patents mentioned in Decree Law No. 3.063, 1979; and permits, road impact studies, certificates and the reception of construction and urban planning works indicated in Title III of the General Law of Urbanism and Constructions. In order to comply with this obligation, the President of the Republic may fix or modify time limits, without the latter being able to last for more than 90 days or to extend the existing ones. In no case, steps or procedures other than those established by law may be established. Article 68. The President of the Republic may be entitled to have, within one year, counted since the publication of this law in the Official Journal, by means of a decree with force of law issued through the Ministry of Health, and with the signature of the Minister Secretary General of the Presidency, determine the matters which, in accordance with the provisions of Article 7 of the Health Code, require express health authorization and the central elements of the procedure for processing the same, for the purpose of to simplify it and reduce its processing time. Article 69. The President of the Republic should be empowered to amend the system, with a decree with the force of law of the Ministry's Ministry of General Secretariat, within one year, to modify the system intended to describe an environmentally-friendly study or declaration of environmental impact of law No. 19,300, with the purpose of simplifying it and reducing its processing times. In no case shall the total processing time limit exceed 90 days. ' Having complied with the provisions of Article 82 of the Constitution of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of Mexico, and because I have had to approve and sanction it, I therefore promulgate and take effect as the Law of Santiago, May 22, 2003.-RICARDO LAGOS ESCOBAR, President of the Republic.-Francisco Huplugs Jaramillo, Secretary General of the Presidency. What I transcribe to you for your knowledge.-Salutes intently to Ud., Rodrigo Egana Baraona, Deputy Secretary General of the Presidency. CONSTITUTIONAL COURT BILL LAYING THE FOUNDATIONS OF THE PROCEDURES GOVERNING THE ACTS OF THE STATE ADMINISTRATION The Secretary of the Constitutional Court, who subscribes, certifies that the Honorable Senate sent the bill It was stated in the rubric, approved by the National Congress, that the Court would exercise the control of constitutionality in respect of Articles 33 and 63 of the draft, and by its judgment of 13 May 2003, it declared them constitutional. Santiago, May 14, 2003.-Rafael Larraín Cruz, Secretary.