General Law on Administrative Responsibilities

GENERAL ADMINISTRATIVE RESPONSIBILITIES LAW

Published in the DOF on July 18, 2016

N. Effective: Effective July 19, 2017. In accordance with the first and third transients, this order enters into force the following year of the entry into force of the " Decree for which the General Law of the National Anti-Corruption System is issued; the General Law of Administrative Responsibilities, and the Organic Law of the Federal Administrative Court of Justice. "

On the sidelines a seal with the National Shield, which reads: United Mexican States.-Presidency of the Republic.

ENRIQUE PEÑA NIETO, President of the United Mexican States, to its inhabitants known:

That the Honorable Congress of the Union, has served to address the following

DECREE

"THE GENERAL CONGRESS OF THE MEXICAN UNITED STATES, D E C R E T A:

WHY THE GENERAL LAW OF THE NATIONAL ANTI-CORRUPTION SYSTEM IS TO BE THE GENERAL LAW OF ADMINISTRATIVE RESPONSIBILITIES, AND THE ORGANIC LAW OF THE FEDERAL COURT OF ADMINISTRATIVE JUSTICE.

FIRST ARTICLE. ..........

ARTICLE SECOND. The General Administrative Responsibilities Act is issued.

GENERAL ADMINISTRATIVE RESPONSIBILITIES LAW

BOOK FIRST

SUSTIANSA PROVISIONS

TITLE FIRST

Chapter I

Object, scope, and subject of the law

Article 1. This Law is of general public order and observance throughout the Republic, and aims to distribute powers among government orders to establish responsibilities. administrative of public servants, their obligations, the penalties applicable for the acts or omissions in which they are incurred and those which correspond to individuals linked to serious administrative misconduct, as well as the procedures for their application.

Article 2. They are the subject of this Law:

I.               Establish the principles and obligations that govern the performance of Public Servants;

II.              Establish the serious and non-serious administrative Fhighs of the Public Servants, the penalties applicable to them, as well as the procedures for their application and the powers of the competent authorities for that purpose;

III.             Establish the penalties for the Special High Commission, as well as the procedures for its application and the powers of the competent authorities for this purpose;

IV.            Determine the mechanisms for prevention, correction and investigation of administrative responsibilities, and

V.             Create the basis for all public Ente to establish effective public ethics and accountability policies in the public service.

Article 3. For the purposes of this Law:

I.               Superior Audit: The Federation's Higher Audit;

II.              Investigating Authority: The authority in the Secretaries, the internal control bodies, the Federation's Higher Audit Office and the higher audit entities of the federal entities, as well as the units of responsibilities of the State's productive enterprises, which is responsible for the investigation of administrative authorities;

III.             Substantial authority: The authority in the Secretariats, the internal control bodies, the Higher Audit Office and its counterparts in the federal entities, as well as the units of responsibility of the productive enterprises of the State which, in the field of its competence, directs and conducts the administrative responsibilities procedure since the admission of the Report of alleged administrative responsibility and up to the conclusion of the initial hearing. The role of the Substantial Authority, in no case may be exercised by a Research Authority;

IV.            Resolver Authority: Dealing with non-serious administrative Fhighs will be the unit of administrative responsibilities or the public servant assigned to the internal control bodies. For serious administrative high-ups, as well as for the individuals ' high-ups, it shall be the competent court;

V.             Coordinating Committee: Instance referred to in Article 113 of the Political Constitution of the United Mexican States, in charge of the coordination and effectiveness of the National Anti-Corruption System;

VI.            Conflict of Interest: The possible affectation of the impartial and objective performance of the functions of the Public Servants on the basis of personal, family or business interests;

VII.           Constitution: The Political Constitution of the United Mexican States;

VIII.          Declarant: The Public Server obliged to present a statement of patrimonial, interest and tax status in the terms of this Law;

IX.            Whistleblower: The natural or moral person, or the Public Servant who comes before the investigating authorities referred to in this Law, in order to report acts or omissions that may constitute or be linked to the High administrative, in terms of Articles 91 and 93 of this Law;

X.             Public entity: The Legislative and Judicial Powers, the autonomous constitutional bodies, the agencies and entities of the Federal Public Administration, and their counterparts of the federal entities, the municipalities and the municipalities of the Mexico City and its offices and agencies, the Attorney General's Office and local prosecutors, courts that do not form part of the judicial powers, the State's productive enterprises, as well as any other entity on which any of the public authorities and authorities are in control; of the three governance orders;

XI.            Entities: Decentralized public bodies, majority state participation companies and public trusts that have the status of a parastatal entity as referred to in Articles 3, 45, 46 and 47 of the Law Organic Federal Public Administration and its correlative in federal entities and municipalities;

XII.           Institutions of higher taxation of the federal institutions: The bodies referred to in the sixth paragraph of the second part of Article 116 and the sixth subparagraph of Article 122 (A) (II) of the second subparagraph of Article 122 (2) Political Constitution of the United Mexican States;

XIII.          File of presumed administrative responsibility: The dossier derived from the investigation that the investigating authorities carry out in administrative headquarters, having knowledge of a possibly constitutive act or omission Administrative faults;

XIV.          Administrative faults: The serious administrative Fhighs, non-serious administrative high-ups; as well as the individual's high-ups, in accordance with the provisions of this Law;

XV.           Non-serious administrative misconduct: The administrative faults of the Public Servants in the terms of this Law, the sanction of which corresponds to the Secretaries and the internal control bodies;

XVI.          Serious administrative misconduct: The administrative faults of the Public Servants listed as serious in the terms of this Law, the sanction of which falls to the Federal Administrative Court of Justice and its counterparts in the federative entities;

XVII.         Faults of individuals: The acts of private individuals or moral persons who are connected with serious administrative faults as referred to in Chapters III and IV of Title III of this Law, the sanction of which corresponds to the Court in the terms of the same;

XVIII.        Report of Presunta Administrative Responsibility: The instrument in which the investigating authorities describe the facts related to any of the faults mentioned in this Law, exposing in a documented manner with the evidence and the grounds, grounds and alleged responsibility of the Public Servant or of a particular person in the administrative committee of the High Administrative Commission;

XIX.          Magistrate: The holder or member of the section responsible for administrative responsibilities, of the Superior Chamber of the Federal Administrative Court of Justice or of the specialised chambers which, if any, are established in such matters, as well as their counterparts in the federative entities;

XX.           Autonomous constitutional bodies: Bodies to which the Constitution expressly grants technical and managerial autonomy, legal personality and own patrimony, including those created with such character in the constitutions of the federative entities;

XXI.          Internal control bodies: The administrative units in charge of promoting, evaluating and strengthening the proper functioning of internal control in public authorities, as well as those other bodies of the autonomous constitutional bodies which, in accordance with their respective laws, are competent to apply the laws on the responsibilities of Public Servants;

XXII.         National Digital Platform: The platform referred to in the General Law of the National Anti-Corruption System, which will have the systems established by that law, as well as the contents provided for in this Law;

XXIII.        Secretary: The Secretariat of the Civil Service in the Federal Executive Branch;

XXIV.       Secretaries: The Secretariat of the Civil Service in the Federal Executive Branch and its counterparts in the federal entities;

XXV.        Public servants: The persons who are employed, charged or commission in the public authorities, at federal and local level, in accordance with the provisions of Article 108 of the Political Constitution of the United Mexican States;

XXVI.       National Anti-Corruption System: The instance of coordination between the authorities of all government orders competent in the prevention, detection and punishment of administrative responsibilities and acts of corruption, as well as in the audit and control of public resources, and

XXVII.      Court: The Section responsible for administrative responsibilities, the Board of Governors of the Federal Administrative Court or the specialised chambers which, where appropriate, lay down in that matter, as well as their counterparts in the federative entities.

Article 4. They are subject to this Law:

I.               The Public Servers;

II.              Those persons who have served as Public Servants are located in the cases referred to in this Law, and

III.             Individuals linked to serious administrative misconduct.

Article 5. The independent directors of the governing bodies of the productive enterprises of the State or of the public authorities in whose laws of creation are expressly provided shall not be considered to be Public Servants, without prejudice to their responsibilities. that set the laws that regulate them.

Nor will the independent directors of the Public Servants have the status of Public Servants, which, if any, will integrate the governing bodies of Federal Public Administration entities that carry out activities. In accordance with the Federal Law of the ParaState Entities, who can be hired as counselors, as long as:

I.               Do not have an employment relationship with the entities;

II.              Do not have a job, position or commission in any other public Ente, nor in private entities with which you have Conflict of Interest;

III.             The other professional activities that they perform will enable them to have sufficient time to carry out their assignment as a counselor;

IV.            The amount of the fees to be covered for their participation in the governing bodies are not higher than those paid in companies that perform similar activities in the Mexican Republic, and

V.             Count, at least, with the same diligence and loyalty duties applicable to the independent directors of the State's productive enterprises. In any event, they shall be liable for any damages that may be caused to the entity, arising from the acts, acts or omissions in which they incur, including the failure to comply with those duties.

Chapter II

Principles and guidelines governing the performance of Public Servers

Article 6. All public authorities are obliged to create and maintain structural and regulatory conditions that enable the proper functioning of the State as a whole, and the ethical and responsible performance of each public servant.

Article 7. The Public Servants shall observe in the performance of their employment, position or commission, the principles of discipline, legality, objectivity, professionalism, honesty, loyalty, impartiality, integrity, accountability, effectiveness and efficiency. govern the public service. For the effective implementation of these principles, the Public Servants will observe the following guidelines:

I.               To act in accordance with the laws, regulations and other legal provisions which attribute to them their employment, position or commission, and therefore must know and comply with the provisions governing the exercise of their functions, powers and attributions;

II.              Conduct Themselves with righteousness without using their employment, position or commission to obtain or intend to obtain any benefit, benefit or personal advantage or in favor of third parties, nor seek or accept compensation, benefits, gifts, gifts or gifts from any person or organization;

III.             To satisfy the higher interest of collective needs over particular interests, personal or non-interest to the general interest and well-being of the population;

IV.            Give people in general the same treatment, so they will not grant privileges or preferences to organisations or individuals, nor will they allow undue influences, interests or prejudices to affect their commitment to make decisions or perform their duties objectively;

V.             To act in accordance with a culture of service oriented to the achievement of results, seeking at all times a better performance of its functions in order to achieve the institutional goals according to its responsibilities;

VI.            Manage public resources under your responsibility, subject to the principles of efficiency, effectiveness, economy, transparency and honesty to meet the objectives to which they are intended;

VII.           Promote, respect, protect and guarantee the human rights established in the Constitution;

VIII.          Correspond to the trust that society has conferred on them; they will have an absolute vocation of service to society, and will preserve the superior interest of collective needs above private, personal or other interests. to the general interest;

IX.            Avoid and account for interests that may conflict with the responsible and objective performance of their faculties and obligations, and

X.             Refrain from any private treatment or promise that commits the Mexican state.

Chapter III

Competent authorities to apply this Act

Article 8. The authorities of the Federation and the federative entities will participate in the fulfillment of the object and the objectives of this Law.

The National Anti-Corruption System shall establish the basis and principles of coordination between the competent authorities in the matter in the Federation, the Federative Entities and the municipalities.

Article 9. In the field of their competence, they shall be empowered to apply this Law:

I.               The Secretaries;

II.              Internal Control Organs;

III.             The Higher Audit of the Federation and the higher audit entities of the federal entities;

IV.            The Courts;

V.             Dealing with the administrative responsibilities of the Public Servants of the judicial powers, they will be competent to investigate and impose the corresponding sanctions, the Supreme Court of Justice of the Nation and the Council of the Federal Judicature, in accordance with the regime established in Articles 94 and 109 of the Constitution and in its corresponding internal regulations; and the judicial powers of the states and the Superior Court of Justice of Mexico City, as well as their advice from the respective judiciary, as provided for in Articles 116 and 122 of the the Constitution, as well as its local constitutions and corresponding organic regulations. The above, without prejudice to the privileges of the Higher Audit Office and the Audit Entities of the federal entities, in matters of oversight over the management, custody and application of public resources, and

VI.            The units of responsibility of the productive enterprises of the State, in accordance with the laws that regulate them. For this purpose, they shall have the following privileges only:

a) Those that this Act provides for investigating and substantiating authorities;

b) Required to impose penalties for non-severe administrative Fhighs, and

c) Those related to the national digital platform, as provided for in this Act.

Article 10. The secretariats and internal control bodies, and their counterparts in the federative entities, shall be responsible for the investigation, substantiation and qualification of the administrative authorities in the field of their competence.

Dealing with acts or omissions that have been classified as non-serious administrative high-ups, the Secretaries and the internal control bodies shall be competent to initiate, substantially and resolve the procedures for administrative responsibility under the terms set out in this Act.

In the event that the investigating authorities determine in their qualification the existence of the administrative authorities, as well as the alleged responsibility of the infringer, they will have to produce the Presumed Administrative Responsibility and submit it to the Substantial Authority to proceed under the terms provided for in this Act.

In addition to the above mentioned privileges, the internal control bodies shall be competent to:

I.               Implement internal mechanisms that prevent acts or omissions that may constitute administrative responsibilities, in terms established by the National Anti-Corruption System;

II.              Review the income, discharge, management, custody and enforcement of federal public resources and federal units, as well as local public resources, as appropriate in the field of their jurisdiction, and

III.             To present claims for facts that the laws indicate as crimes before the Prosecutor's Office in Combating Corruption or in their case before their counterparts at the local level.

Article 11. The High Audit Office and the higher audit entities of the federal entities will be competent to investigate and to substantially investigate the procedure for serious administrative misconduct.

In case the higher audit and the higher audit entities of the federative entities detect possible non-serious administrative faults, they will account for this to the internal organs of control, as appropriate, to continue the respective investigation and promote the actions that proceed.

In cases where, as a result of their investigations, the alleged commission of crimes occurs, they will submit the corresponding complaints to the competent Public Ministry.

Article 12. The Courts, in addition to the powers and powers conferred on them in their organic legislation and other applicable regulations, will be empowered to resolve the imposition of sanctions by the commission of serious administrative and high in accordance with the procedures provided for in this Law.

Article 13. When the investigating authorities determine that from the acts or omissions investigated, the commission of serious and non-serious administrative misconduct by the same public servant is detached, so it does the administrative The Court of Justice of the European Court of Justice of the European Court of Justice of the European Union, of the Court of Justice of the European Union, If the Court finds that serious administrative misconduct has been committed, as well as non-serious administrative misconduct, the latter shall take into account the commission of the latter.

Article 14. When the acts or omissions of the Public Servants subject to complaints, are included in more than one of the cases subject to sanction and provided for in Article 109 of the Constitution, the respective procedures will be developed autonomously according to their nature and by the appropriate procedural path, and the authorities referred to in Article 9 of this Law will take the complaints to those who must know about them. Penalties of the same nature may not be imposed twice for a single conduct.

The Court's attribution to impose sanctions on individuals in terms of this Law does not limit the powers of other authorities to impose administrative sanctions on individuals, in accordance with the law. applicable legislation.

TITLE SECOND

PREVENTION MECHANISMS AND ACCOUNTABILITY TOOLS

Chapter I

General Prevention Mechanisms

Article 15. To prevent the commission of administrative errors and acts of corruption, the Secretariats and the internal organs of control, considering the functions that each one of them correspond and previous diagnosis that to the effect, they will be able implement actions to guide the criteria that should be observed in specific situations by the Public Servants in the performance of their jobs, positions or commissions, in coordination with the National Anti-Corruption System.

In the implementation of the actions referred to, the internal organs of control of the Public Administration of the Federation or of the Federative Entities must attend to the general guidelines that they issue the Secretaries, in their respective areas of competence. In the autonomous constitutional organs, the respective internal control organs will issue the outlined guidelines.

Article 16. The Public Servants will have to observe the code of ethics that will be issued by the Secretariats or the internal control bodies, in accordance with the guidelines issued by the National Anti-Corruption System, so that in their performance they will be able to a dignified conduct that responds to the needs of society and directs its performance.

The code of ethics referred to in the preceding paragraph must be made of the knowledge of the Public Servants of the dependency or entity concerned, as well as giving it maximum publicity.

Article 17. The internal control bodies shall annually assess the outcome of the specific actions they have implemented under this Chapter and propose, where appropriate, any changes resulting from them, informing the Secretary on the terms you are setting.

Article 18. The internal control bodies should assess the recommendations made by the Coordinating Committee of the National Anti-Corruption System to the authorities, in order to adopt the necessary measures for the institutional strengthening in its The Commission has been responsible for the development of the internal market and the prevention of administrative and corruption. They shall inform the body of the attention given to them and, where appropriate, their progress and results.

Article 19. Public authorities should implement the coordination mechanisms that, in terms of the General Law of the National Anti-Corruption System, determine the Coordinating Committee of the National Anti-Corruption System and report to the National Anti-Corruption System and results that they have, through their internal control organs.

Article 20. For the selection of the members of the internal control bodies, a system to ensure equal opportunities in access to the public service with a basis must be observed in addition to the requirements laid down for its appointment. on merit and the most appropriate and efficient mechanisms for its proper professionalization, attracting the best candidates to fill the positions through transparent, objective and equitable procedures. The holders of the internal control bodies of the autonomous constitutional organs, as well as the specialized units that make up them, shall be appointed in terms of their respective laws.

Article 21. The Secretariats will be able to sign collaboration agreements with the natural or moral persons involved in public contracts, as well as with the business chambers or industrial or trade organizations, with the aim of guide them in establishing self-regulation mechanisms that include the implementation of internal controls and an integrity program that will enable them to ensure the development of an ethical culture in their organization.

Article 22. In the design and supervision of the mechanisms referred to in the previous article, international best practices on controls, ethics and business integrity will be considered, as well as including measures that inhibit the practice of irregular conduct, which provides guidance to partners, managers and employees of companies on compliance with the integrity programme and which contain reporting and protection tools for complainants.

Article 23. The Coordinating Committee of the National Anti-Corruption System should establish mechanisms to promote and permit the participation of society in the generation of public policies aimed at combating the different behaviors that constitute Administrative faults.

Chapter II

Of the integrity of moral people

Article 24. Moral persons shall be sanctioned in the terms of this Law when acts linked to serious administrative misconduct are performed by natural persons acting on their behalf or representation of the moral person and seek to obtain through such conduct benefits for such a moral person.

Article 25. In determining the responsibility of the moral persons referred to in this Law, it shall be valued if they have a policy of integrity. For the purposes of this Law, an integrity policy shall be considered to have at least the following elements:

I.               A clear and comprehensive manual of organization and procedures, defining the roles and responsibilities of each of its areas, and clearly specifying the different leadership and leadership chains throughout the structure;

II.              A properly published and socialized code of conduct among all members of the organization, which has real application systems and mechanisms;

III.             Appropriate and effective systems of control, surveillance and auditing, which regularly and periodically examine compliance with integrity standards across the organization;

IV.            Appropriate reporting systems, both within the organisation and towards the competent authorities, as well as disciplinary processes and concrete consequences for those acting in a manner contrary to internal rules or the Mexican legislation;

V.             Appropriate systems and processes of training and training regarding the integrity measures contained in this article;

VI.            Human resources policies aimed at preventing the incorporation of people who can generate a risk to the integrity of the corporation. These policies will in no case authorize discrimination of any person motivated by ethnic or national origin, gender, age, disabilities, social condition, health conditions, religion, opinions, preferences sexual, civil or any other state which is against human dignity and is intended to annul or undermine the rights and freedoms of persons, and

VII.           Mechanisms that ensure at all times the transparency and publicity of their interests.

Chapter III

Of accountability tools

First Section

Of the system of patrimonial evolution, declaration of interest and evidence of filing of tax return

Article 26. The Executive Secretariat of the National Anti-Corruption System, will carry the system of patrimonial evolution, declaration of interest and record of presentation of tax declaration, through the national digital platform that to the effect establish, in accordance with the provisions of the General Law of the National Anti-Corruption System, as well as the bases, principles and guidelines approved by the Coordinating Committee of the National Anti-Corruption System.

Article 27. The information provided for in the system of patrimonial evolution, interest statement and tax return statements shall be stored in the national digital platform containing the information which for the purposes of the functions of the National Anti-Corruption System, generate the public authorities empowered to audit and control public resources and the prevention, control, detection, punishment and deterrence of administrative and corruption cases, compliance with the provisions of the General Law of the National Anti-Corruption System.

The national digital platform will also have the specific information systems stipulated in the General Law of the National Anti-Corruption System.

In the system of patrimonial evolution, declaration of interest and statements of presentation of the tax declaration of the national digital platform, the public data of the Servers will be entered Public obliged to present statements of patrimonial and interest status. Likewise, it shall be recorded that for the purposes of this Law, the tax authority is issued, on the filing of the annual tax return.

In the national system of Public and Private Servants sanctioned by the National Digital Platform, they will be registered and made public, in accordance with the provisions of the General Law of the System National Anti-Corruption and the legal provisions on transparency, the constances of sanctions or disablement that are firm against the Public Servants or individuals who have been sanctioned by related acts with serious misconduct in terms of this Law, as well as the annotation of those Abstentions by the investigating authorities or the Court, in terms of Articles 77 and 80 of this Law.

The public authorities, prior to the appointment, appointment or hiring of those who intend to enter the public service, will consult the national system of public and private servants sanctioned by the National digital platform, in order to verify if there are disqualifications of such persons.

Article 28. The information related to statements of interest and assets, may be requested and used by the Public Ministry, the Courts or the judicial authorities in the exercise of their respective powers, the Public servant concerned or, where the investigating, substantial or resolvable authorities so require for the purpose of the investigation or the resolution of procedures for administrative responsibilities.

Article 29. The declarations of assets and interests shall be public, except for items whose advertising may affect private life or personal data protected by the Constitution. To this end, the Coordinating Committee, acting on a proposal from the Citizens ' Participation Committee, will issue the respective formats, ensuring that the items that could affect the rights referred to are in keeping with the competent authorities.

Article 30. The Secretariats and the internal control bodies, as the case may be, shall carry out a random verification of the property declarations in the system of patrimonial evolution, declaration of interest and constancy of presentation of the tax declaration, as well as the evolution of the assets of the Public Servants. If there is no anomaly, the corresponding certification shall be issued, which shall be recorded in that system. Otherwise, they will initiate the appropriate investigation.

Article 31. The Secretariats, as well as the internal control bodies of the public authorities, as appropriate, will be responsible for enrolling and keeping updated in the system of patrimonial evolution, declaration of interest and constancy of tax declaration, the information corresponding to the Declarants in charge of the declaration. They shall also verify the situation or possible update of any Conflict of Interest, according to the information provided, keep track of developments and verify the assets ' status of such Declarants, in the terms of This Law. For such purposes, the Secretaries may sign agreements with the various authorities that have at their disposal data, information or documents that may be used to verify the information declared by the Public Servants.

Section Second

Of subjects required to submit a wealth and interest statement

Article 32. They will be obliged to present the declarations of patrimonial and interest situation, in protest of telling truth and before the Secretariats or their respective internal control body, all the Public Servants, in the terms previewed in the Law. They shall also submit their annual tax return, in accordance with the terms of the relevant legislation.

Section 3

Records and mechanisms of registration to the system of patrimonial evolution, declaration of interest and evidence of filing of tax return

Article 33. The estate status declaration must be filed within the following time limits:

I.               Initial declaration, within sixty calendar days following the inauguration on the occasion of:

a) Income to the public service for the first time;

b) Reentry to the public service after sixty calendar days of the completion of their last assignment;

II.              Statement of patrimonial modification, during the month of May of each year, and

III.             Statement of completion of the order, within sixty calendar days following the conclusion.

In the case of a dependency change or entity in the same governance order, only notice of that situation will be given and no statement of conclusion will be required.

The Secretariat or the Internal Control Bodies, as appropriate, may ask the Public Servants for a copy of the Income Tax return for the year concerned, if they are obliged to submit it or, where appropriate, the constancy of perceptions and retentions issued to them by any of the public authorities, which shall be forwarded within three working days of the date on which the application is received.

If the time limits referred to in Sections I, II and III of this Article have elapsed, the corresponding declaration, without justified cause, shall not have been filed immediately, the investigation shall be initiated immediately. the responsibility of the Commission of the relevant administrative authorities and shall be required in writing to the Declarant for the fulfilment of that obligation.

Dealing with the assumptions provided for in Sections I and II of this Article, in the event that the omission in the declaration continues for a period of 30 calendar days following the date on which the order was notified. the Declarant, the Secretaries or the Internal Control Bodies, as appropriate, shall declare that the appointment or contract has run out of effect, and shall notify the holder of the relevant public Ente to separate the public server.

Failure to separate from the position of the public servant by the holder of one of the public entities shall be the cause of administrative responsibility in the terms of this Law.

For the case of omission, without justified cause, in the filing of the declaration referred to in section III of this article, the offender shall be disabled from three months to one year.

For the imposition of the sanctions referred to in this article, the administrative liability procedure provided for in the Second Title of the Second Book shall be substantiated. of this Law.

Article 34. The declarations of patrimonial situation must be presented through electronic means, employing means of electronic identification. In the case of municipalities that do not have the information and communication technologies necessary to comply with the above, printed formats may be used, with the responsibility of the internal control bodies and the Secretariats to verify such formats are digitised and include the relevant information in the system of patrimonial and interest-bearing developments.

The Secretariats shall be responsible for the system of certification of the electronic identification means used by the Public Servants, and shall control such means.

The Coordinating Committee, on the proposal of the Citizens ' Participation Committee, will also issue the printed rules and formats; magnetic and electronic means, under which the Declarants must to present the statements of a patrimonial situation, as well as the manuals and instructions, observing the provisions of Article 29 of this Law.

For the purposes of the criminal proceedings arising from the application of the provisions of this Title, public documents are issued by the Secretariat to be presented as media. The information contained in its documentary and electronic files on the statements of assets of the Public Servants is contained.

The Public Servants competent to collect the property declarations must keep the information to which they agree to observe the provisions of the legislation regarding transparency, access to public information and protection of personal data.

Article 35. In the initial declaration and the conclusion of the order the real estate shall be manifested, with the date and value of the acquisition.

In the declarations of patrimonial modification only the modifications to the patrimony will be manifested, with date and value of acquisition. In any case, the means by which the acquisition was made shall be indicated.

Article 36. The Secretaries and the Internal Control Bodies shall be empowered to carry out investigations or audits to verify the evolution of the Declarants ' patrimony.

Article 37. In cases where the declaration of the declaration of the State of the State of the State reflects an increase in its patrimony that is not explainable or justifiable by virtue of its remuneration as a public servant, the Secretariats and the internal organs of The source of such enrichment shall be immediately requested. If the source of such enrichment is not justified, the Secretaries and the Internal Control Bodies shall make the relevant file to be processed in accordance with the provisions of this Law and shall, where appropriate, make the complaint to the Public Ministry.

Public servants of public research centers, educational institutions and entities of the Federal Public Administration referred to in Article 51 of the Law of Science and Technology, carrying out scientific research, technological development and innovation activities may engage with the public, private and social sectors, and receive benefits, in the terms established by the government of such institutions, institutions and institutions, with the prior the opinion of the Secretariat, without any such benefits being considered as such for the purposes of Article 52 of this Law.

The linking activities referred to in the preceding paragraph, in addition to those provided for in Article 51 of the Science and Technology Act, shall include the participation of research Scientific and technological development with third parties; transfer of knowledge; licensing; participation as shareholders of private technology-based companies or as collaborators or beneficiaries in for-profit activities derived from any figure of intellectual property belonging to the own institution, institution or institution, as appropriate. Such Public Servants shall be in a conflict of interest when they obtain profits for profits, royalties or for any other concept in contravention of the provisions applicable in the Institution.

Article 38. The Declarants shall be required to provide to the Secretaries and the Internal Control Bodies, the information required to verify the evolution of their patrimonial situation, including that of their spouses, concubines or concubinals and direct economic dependents.

Only the holders of the Secretariats or the Public Servants in which they delegate this faculty may request the competent authorities, in the terms of the applicable provisions, the information in tax matters, or those relating to deposit, savings, management or investment operations of monetary resources.

Article 39. For the purposes of this Law and of criminal law, they shall be computed among the goods acquired by the Declarants or with respect to which they are conducted as owners, receive or receive their spouse, concubine or concubinaire and their direct economic dependents, unless it is established that they have obtained them by themselves.

Article 40. In case the Public Servants, without having requested it, receive from a particular free of charge the transmission of the property or the offer for the use of any good, with reason for the exercise of their duties, they shall immediately inform the Secretaries or the Internal Control Body. In the case of receipt of goods, the Public Servants shall make the same available to the competent authorities for the administration and disposal of public goods.

Article 41. The Secretariats and the internal control bodies, as appropriate, shall have the power to make the complaint to the Public Ministry, where appropriate, when the subject to the verification of the evolution of his or her estate does not justify the origin a lawful increase in the amount of the property, represented by its assets, or those on which it is owned, during the time of its employment, position or commission.

Article 42. When the investigating authorities, in the field of their jurisdiction, come to make complaints to the corresponding Public Ministry, they will be interveners in the respective criminal proceedings.

Section fourth

Public server system participating in public procurement

Article 43. The national digital platform will include, in a specific system, the names and membership of the Public Servants that intervene in procedures for public procurement, whether in the processing, attention and resolution of the award of a contract, grant of a concession, license, permit or authorization and its extensions, as well as the disposal of movable property and those that rule on the subject of avalanches, which shall be updated fortnightly.

The formats and mechanisms for recording the information will be determined by the Coordinating Committee.

The information referred to in this Article shall be made available to any public through an Internet portal.

Section fifth

From the Take Action Protocol

Article 44. The Coordinating Committee shall issue the acting protocol to be implemented by the Secretaries and the internal control bodies.

This action protocol shall be complied with by the Public Servants entered into the specific system of the national digital platform referred to in this Chapter and, where applicable, shall apply the formats to be used for individuals to make a manifest of links or relationships of business, personal or family, as well as potential conflicts of interest, under the principle of maximum publicity and in the terms of the Applicable standards for transparency.

The specific system of the national digital platform referred to in this Chapter shall include the relationship of individuals, natural and moral persons, who are disabled to celebrate contracts with public authorities arising from administrative procedures different from those provided for by this Act.

Article 45. The Secretaries or the Internal Control Bodies shall supervise the implementation of the procurement procedures by the contractors to ensure that it is carried out in the terms of the provisions in the matter, performing the checks from if they discover failures.

Section sixth

From the declaration of interest

Article 46. All Public Servants who are required to file the estate declaration in terms of this Act are obliged to submit a declaration of interest.

To this effect, the Secretaries and the Internal Control Bodies shall ensure that the declarations are integrated into the system of patrimonial evolution, declaration of interest and record of presentation of tax return.

Article 47. For the purposes of the preceding article there shall be Conflict of Interest in the cases referred to in Article 3 (VI) of this Law.

The interest statement shall be intended to inform and determine the set of interests of a public servant in order to delimit when they conflict with their function.

Article 48. The Coordinating Committee, acting on a proposal from the Citizens ' Participation Committee, shall issue the rules and formats printed, magnetic and electronic means, under which the Declarants shall present the declaration of interest, as well as the manuals and instructions, observing the provisions of Article 29 of this Law.

The declaration of interest shall be filed within the time limits referred to in Article 33 of this Law and in the same manner shall be applicable to the procedures laid down in that Article for the non-compliance with these deadlines. You must also present the statement at any time when the public servant, in the exercise of his or her duties, considers that a possible Conflict of Interest may be updated.

THIRD TITLE

OF PUBLIC SERVERS ' ADMINISTRATIVE FAULTS AND PARTICULAR ACTS LINKED TO SERIOUS ADMINISTRATIVE FAULTS

Chapter I

From the Non-Serious Administrative Fhighs of Public Servers

Article 49. Incurrates in Non-Serious Administrative Lack the public server whose acts or omissions violate or violate the content in the following obligations:

I.               Comply with the functions, attributions and commissions entrusted, observing in its performance discipline and respect, both the other Public Servants and the individuals with whom I will come to treat, in the terms that I know establish in the code of ethics referred to in Article 16 of this Law;

II.              To denounce the acts or omissions that in the exercise of their functions I will come to warn, that they may constitute Administrative Faltas, in terms of article 93 of the present Law;

III.             Address the instructions of your superiors, provided that they are in accordance with the provisions related to the public service.

If you receive instruction or are otherwise entrusts to such provisions, you must report this circumstance in accordance with Article 93 of the present Law;

IV.            Present in time and form statements of patrimonial and interest status, in the terms established by this Law;

V.             Register, integrate, protect and care for the documentation and information which, by reason of their use, charge or commission, has under their responsibility, and prevent or prevent their use, disclosure, subtraction, destruction, concealment or improper inuse;

VI.            Monitor that the Public Servers subject to your address, comply with the provisions of this article;

VII.           Be accountable for the exercise of the functions, in terms of the applicable rules;

VIII.          Collaborate on the judicial and administrative procedures in which it is a party, and

IX.            Ensure, prior to the conclusion of procurement contracts, leases or for the disposal of all types of goods, provision of services of any nature or the procurement of public works or services related to is, that the particular manifest under protest to tell truth that it does not perform employment, office or commission in the public service or, if appropriate, that in spite of performing it, with the formalization of the corresponding contract does not update a Conflict of Interest. The respective manifestations shall be recorded in writing and shall be made known to the internal control body prior to the conclusion of the act in question. In the event that the contractor is a moral person, such demonstrations shall be made in respect of the members or shareholders exercising control over the company.

For the purposes of this Law it is understood that a shareholder or shareholder exercises control over a company when they are administrators or are part of the board of directors, or jointly or separately, directly or indirectly, maintain the ownership of rights that allow voting on more than fifty percent of the capital, have decision-making power in their assemblies, be able to appoint the majority of the members of their body of administration or by any other means have powers to take the fundamental decisions of these moral people.

Article 50. Also deemed to be non-serious administrative misconduct, damages that, in a wrongful or negligent manner and without incurring any of the serious administrative misconduct noted in the Next chapter, cause a public servant to the Public Finance or the estate of a public Ente.

The public authorities or individuals who, in terms of this article, have received public resources without being entitled to them, will have to reintegrate the public resources into the public treasury or the Public entity concerned within a period not exceeding 90 days, counted from the corresponding notification of the Higher Audit of the Federation or the Resolving Authority.

If the resources mentioned in the previous paragraph are not recovered, these will be considered tax credits, so the Tax Administration Service and its counterparts Federal entities shall execute the recovery of the same in terms of the applicable legal provisions.

The Resolute Authority may refrain from imposing the sanction corresponding to Article 75 of this Law, where the damage or damage to the Public Finance or the assets of the public authorities does not exceed of two thousand times the daily value of the Unit of Measure and Update and the damage has been resented or recovered.

Chapter II

From the severe administrative faults of the Public Servers

Article 51. The behaviors provided for in this Chapter constitute serious administrative Fhighs of the Public Servants, so they must refrain from performing them, by any means. act or omission.

Article 52. The servant requires, accepts, obtains or intends to obtain, by itself or through third parties, on the occasion of his or her duties, any benefit not understood in his remuneration as a public servant, which could be consist of money; securities; movable or immovable property, including by means of disposal in a price which is significantly lower than that on the market; donations; services; employment and other undue benefits for the purposes of his or her spouse, relatives consanguineos, civil relatives or third parties with whom it has professional relations, work or business, or for partners or companies from which the public servant or the persons referred to above are a party.

Article 53. Commit the public server that authorizes, requests, or performs acts for the use or appropriation for, or for the persons referred to in the previous article, public resources, whether material, human or financial, without legal basis or in opposition to the applicable rules.

Article 54. You will be responsible for diverting public resources the public server that authorizes, requests or performs acts for the allocation or diversion of public resources, whether they are material, human or financial, without legal basis or in opposition to the applicable rules.

Article 55. Inappropriate use of information the public server that you acquire for yourself or for the persons referred to in Article 52 of this Law, real estate, furniture, and securities that may increase their value or, in general, improve their conditions, as well as obtain any advantage or private profit, as a result of insider information from which they have become aware.

Article 56. For the purposes of the previous article, it is considered inside information that the public server obtains for its functions and that it is not in the public domain.

The restriction provided for in the previous article shall be applicable even when the public servant has withdrawn from employment, office or commission for up to one year.

Article 57. The servant exercises privileges that he does not have, or is worth, to perform or induce arbitrary acts or omissions, to generate a benefit for himself or for the persons to the referred to in Article 52 of this Law or to cause injury to any person or to the public service.

Article 58. Incurre in action under Conflict of Interest the public servant who intervenes on account of his employment, position or commission in any form, in the attention, processing or resolution of matters in which you have a conflict of interest or legal impediment.

Having knowledge of the matters referred to in the preceding paragraph, the public servant shall inform the immediate boss or the body to determine the applicable provisions of the public authorities, requesting to be excused from participating in any form in the care, processing or resolution thereof.

It shall be the duty of the immediate boss to determine and communicate to the public servant, no later than 48 hours before the deadline for dealing with the matter in question, cases where it is not possible to abstain from to intervene in cases, as well as to provide written instructions for the impartial and objective handling, processing or resolution of such matters.

Article 59. The public servant who authorizes any type of procurement, as well as the selection, appointment or appointment of the person who is prevented by legal provision or disabled by law, will be responsible for improper hiring the decision of the competent authority to occupy a job, position or commission in the public service or to be disabled in order to engage with the public authorities, provided that in the case of the disqualifications, at the time of the authorization, they are are registered in the national system of public and private servants Sanctioned by the National Digital Platform.

Article 60. The public servant who is missing the veracity in the presentation of the declarations of patrimonial situation or interests, which has as an end to hide, will incur in hidden enrichment or concealment of Conflict of Interest respectively, the increase in their patrimony or the use and enjoyment of goods or services that are not explainable or justifiable, or a Conflict of Interest.

Article 61. Commits traffic of influences the public server that uses the position that its employment, office or commission confers to you to induce another public servant to do, delay or omit to perform some act of its competence, to generate any benefit, benefit or benefit to himself or to any of the persons referred to in Article 52 of this Law.

Article 62. You will be responsible for coverup the public server that when In the exercise of your duties I shall come to notice acts or omissions which may constitute Administrative Fhighs, deliberately conduct some conduct for their concealment.

Article 63. Cometera contempt the public servant who, in the case of requirements or resolutions of audit, internal, judicial, electoral or defense control authorities of human rights or any other competent, provide false information, as well as non-response, deliberately and without justification delay the delivery of the information, despite the fact that it has been imposed in accordance with the applicable provisions.

Article 64. The Public Servants responsible for the investigation, substantiation, and resolution of the Administrative Fhighs will incur obstruction of justice when:

I.               Perform any act that would simulate non-serious conduct during the investigation of acts or omissions qualified as serious in this Law and other applicable provisions;

II.              Do not initiate the appropriate procedure before the competent authority within 30 calendar days of having knowledge of any conduct which may constitute a serious administrative fault, of individuals or an act of corruption, and

III.             Disclose the identity of an anonymous whistleblower protected under the precepts set forth in this Act.

For the purposes of the preceding fraction, Public Servants who report a serious administrative or High Lack of individuals, or are witnesses in the proceedings, may request protective measures that are reasonable. The application shall be evaluated and addressed in a timely manner by the public Ente where the complainant provides its services.

Chapter III

From acts of individuals linked to serious administrative faults

Article 65. The acts of individuals provided for in this Chapter are considered to be related to serious administrative misconduct, so your commission will be sanctioned in terms of this Act.

Article 66. The person who promises, offers or delivers any undue benefit referred to in Article 52 of this Law to one or more Public Servants, directly or through third parties, in exchange for the said Public servants perform or refrain from performing an act related to their functions or with those of another public servant, or, abuse their actual or alleged influence, for the purpose of obtaining or maintaining, for themselves or for a third party, a benefit or advantage, irrespective of the acceptance or receipt of the benefit or of the result obtained.

Article 67. Incurs unlawful participation in administrative proceedings, the private person who carries out acts or omissions to participate in them are federal, local or municipal, however, by law or resolution of authority competent to be prevented or disabled for this.

Also considered to be unlawful participation in administrative proceedings, where a particular person intervenes in his own name but in the interests of other persons who are prevented or disabled to participate in federal, local or municipal administrative procedures, in order for the latter or the latter to obtain, in whole or in part, the benefits arising from such procedures. Both individuals will be sanctioned in terms of this Act.

Article 68. It will incur influence peddling to induce the particular authority to use its influence, economic or political power, real or fictitious, on any public server, for the purpose of obtaining for itself or for a third party a benefit or advantage, or to cause injury to a person or to the public service, regardless of the acceptance of the server or the Public Servants or the result obtained.

Article 69. You will be responsible for the use of false information , the particular one that presents false or altered documentation or information, or simulates the compliance with requirements or rules established in the administrative procedures, for the purpose to obtain an authorization, benefit, advantage or harm to any person.

Likewise, the private individual who, having information linked to an investigation of administrative Faltas, provides false information, will be involved in obstruction of investigative powers. deliberately and unjustifiably the delivery of the same, or no response to the requirements or resolutions of investigating, substantial or resolvable authorities, provided that they have been previously imposed in accordance with the applicable provisions.

Article 70. Collusion is the particular one that executes with one or more private individuals, in matters of public procurement, actions that involve or have for object or effect to obtain an undue advantage or advantage in the public procurements federal, local or municipal character.

collusion shall also be considered when individuals agree or conclude contracts, agreements, arrangements or combinations between competitors, the object or effect of which is to obtain an undue benefit or to cause a damage to the public finances or to the assets of the public authorities.

When the infringement has been carried out through an intermediary for the purpose of the individual obtaining any benefit or advantage in the public procurement in question, both shall be sanctioned in terms of this Act.

The faults referred to in this article will be applicable in respect of international commercial transactions. In these cases, the Secretariat of the Civil Service shall be the competent authority to carry out the relevant investigations and may ask the competent authorities for the technical opinion referred to in the preceding paragraph, as well as to a foreign state the information it requires for the investigation and substantiation of the procedures referred to in this Law, in the terms provided for in the international instruments of which both states are parties and other orders applicable.

For the purposes of this article, it is understood as international business transactions, acts and procedures related to the procurement, execution and fulfillment of contracts in the field of acquisitions, leases, services of any nature, public works and services related thereto; acts and procedures relating to the granting and extension of permits or concessions, as well as any other authorization or processing relating to such transactions, which carries out any a public body or organization of a foreign state or involving the participation of a foreign public servant and in whose development it is directly or indirectly involved in natural or moral persons of Mexican nationality.

Article 71. It shall be liable for the improper use of public resources, including the use of acts by which it appropriates, misuse or deviates the object for which the public resources are intended, whether material, human or financial, If you are currently managing, receiving, administering, or accessing these resources.

Public resource misuse is also considered to be the failure to render accounts that check the destination that was granted to those resources.

Article 72. It will be responsible for the improper hiring of former Public Servants, the particular one that contracts to whom it has been a public servant during the previous year, which has inside information that it has directly acquired on the occasion of its employment, job or commission in the public service, and directly to enable the contractor to benefit from the market or to place itself in an advantageous position vis-à-vis its competitors. In this case the former public servant hired will also be sanctioned.

Chapter IV

Special Situation Particular Fhighs

Article 73. They are considered to be high in special situations, those made by candidates for positions of popular choice, members of electoral or transition campaign teams between public sector administrations, and trade union leaders. of the public sector, which involve requiring, requesting, accepting, receiving or seeking to receive any of the benefits referred to in Article 52 of this Law, either for themselves, for their electoral campaign or for any of the persons referred to in the Law cited in exchange for granting or offering an undue advantage in the future in the event of obtain the Public Server character.

Individuals who are in a special situation in accordance with this Chapter, including the directors and employees of the trade unions, may be punished when they incur the conduct referred to in the Chapter previous.

Chapter V

From prescribing administrative responsibility

Article 74. For non-serious administrative purposes, the powers of the Secretaries or the internal control bodies to impose the penalties shall be prescribed in three years from the day following the day on which the penalties were committed. violations, or as of the time they have ceased.

In the case of serious administrative or high-ranking high-end, the limitation period shall be seven years, counted in the same terms as in the preceding paragraph.

The prescription will be interrupted with the classification referred to in the first paragraph of Article 100 of this Law.

If it is to be left to act in the administrative liability procedures arising from the admission of the said report, and as a result of the expiration of the instance, the prescription will resume from the day on which the Administrative Responsibility Report was admitted.

In no case may the administrative liability procedures cease to be acted upon for more than six months without justified cause; if such inactivity is to be updated, the alleged infringer shall be required to do so at the request of the alleged infringer. expiration of the instance.

The time limits referred to in this Article shall be computed on calendar days.

TITLE FOURTH

SANTIONS

Chapter I

Non-severe administrative fault penalties

Article 75. In cases of administrative responsibilities other than those of the Court, the Secretariat or the Internal Control Bodies shall impose the following administrative penalties:

I.               Public or private admonition;

II.              Suspension of employment, office or commission;

III.             Removal from employment, office or commission, and

IV.            Temporary disablement to fill jobs, fees or commissions in the public service and to participate in acquisitions, leases, services or public works.

The Secretaries and the Internal Control Bodies may impose one or more of the administrative penalties referred to in this Article, provided that they are compatible with each other and according to the Non-severe administrative lack transcendence.

The suspension of employment, office or commission that will be imposed may be one to thirty calendar days.

In the event that temporary disablement is imposed as a sanction, it shall not be less than three months and may not exceed one year.

Article 76. For the imposition of the penalties referred to in the previous article, consideration must be given to the elements of the employment, position or commission performed by the public servant when it incurs the fault, as well as the following:

I.               The hierarchical level and antecedents of the offender, including seniority in the service;

II.              The external conditions and the means of execution, and

III.             The recidivism in the default of obligations.

In the event of the recidivism of non-serious administrative Fhighs, the penalty imposed by the Internal Control Body may not be equal to or less than the one imposed prior to it.

It shall be deemed to be a repeat of a violation that has been sanctioned and has caused execution, another of the same type.

Article 77. It is up to the Secretariats or the internal control bodies to impose the penalties for non-serious administrative and enforcement. The internal control bodies may refrain from imposing the appropriate sanction provided that the public servant:

I.               Not previously sanctioned for the same Non-severe administrative fault, and

II.              You have not acted in a dolous manner.

The secretariats or internal control bodies shall be aware of the non-imposition of the sanction referred to in the preceding paragraph.

Chapter II

Sanctions for Public Servers by Graves Fhighs

Article 78. The administrative penalties imposed by the Tribunal on Public Servants, which are derived from the procedures by the commission of serious administrative misconduct, shall consist of:

I.               Suspension of employment, office or commission;

II.              Removal of employment, office or commission;

III.             Economic sanction, and

IV.            Temporary disablement to fill jobs, fees or commissions in the public service and to participate in acquisitions, leases, services or public works.

In the judgment of the Court, one or more of the penalties identified may be imposed on the infringer, provided that they are compatible with each other and according to the seriousness of the serious administrative failure.

The suspension of employment, office or commission that will be imposed may be thirty to ninety calendar days.

In case the disablement is determined, it will be one up to ten years if the amount of the impairment of the serious administrative lack does not exceed two hundred times the daily value of the Unit of Measure and Update, and ten to twenty years if such amount exceeds that limit. Where there is no damage or no profit or profit, it may be imposed from three months to one year of disablement.

Article 79. In the event that the serious administrative failure committed by the public servant generates economic benefits, to himself or to any of the persons referred to in Article 52 of this Law, he will be imposed economic sanction that may achieve up to two so many of the benefits. In no case shall the economic penalty imposed may be less than or equal to the amount of the economic benefits obtained. The above, without prejudice to the imposition of the penalties referred to in the previous Article.

The Court will determine the payment of compensation when, the serious administrative absence referred to in the preceding paragraph has caused damages to the Federal, local or municipal public finances, or to the assets of the public authorities. In such cases, the public servant shall be obliged to make good all the damage caused and the persons who, where appropriate, have also obtained an undue benefit, shall be jointly and severally liable.

Article 80. For the imposition of the penalties referred to in Article 78 of this Law, consideration must be given to the elements of the employment, position or commission that the public servant performed when it was incurred in the absence, as well as the following:

I.               The property damage caused by the acts or omissions;

II.              The hierarchical level and antecedents of the offender, including seniority in the service;

III.             The socioeconomic circumstances of the public server;

IV.            The external conditions and means of execution;

V.             The recidivism in the default of obligations, and

VI.            The amount of benefit derived from the violation that the person has obtained.

Chapter III

Penalties for Private Fhighs

Article 81. The administrative penalties to be imposed by High of Individuals on the basis of any of the conduct provided for in Chapters III and IV of Title III of this Law shall consist of:

I.               Dealing with individuals:

a) Economic healing which may reach up to two as many of the benefits obtained or, if not obtained, by the equivalent of one hundred up to one hundred and fifty thousand times the Daily Value of the Unit of Measure and Update;

b) Temporary disablement to participate in acquisitions, leases, services or public works, as appropriate, for a period that will not be less than three months or more than eight years;

c) Compensation for damages caused to the Federal, local or municipal public finances, or to the assets of the public authorities.

II.              Dealing with moral people:

a) Economic santion that will be able to reach up to two as many of the benefits obtained, if not obtained, for the equivalent of the amount of a thousand up to one million five hundred thousand times the Daily Value of the Unit of Measure and Update;

b) Temporary disablement to participate in acquisitions, leases, services or public works, for a period that will not be less than three months or greater 10 years;

c) The suspension of activities, for a period that will not be less than three months and not longer than three years, which will consist of stopping, deferring, or depriving temporarily to the individuals of their commercial, economic, contractual or business activities because they are linked to serious administrative faults provided for in this Law;

d) Dissolution of the respective society, which will consist in the loss of the legal capacity of a moral person, for the fulfillment of the end for which it was created by court order and as a consequence of the commission, linkage, participation and relationship with a serious administrative lack provided for in this Law;

e) Compensation for damages caused to the Federal, local or municipal public finances, or to the assets of the public authorities.

For the imposition of sanctions on moral persons, it should also be observed, as provided for in Articles 24 and 25 of this Law.

The penalties provided for in points (c) and (d) of this fraction shall only be imposed when the company obtains an economic benefit and the participation of its administrative, supervisory or partner bodies, or in cases where it is noted that the company is systematically used to link with serious administrative misconduct.

In the judgment of the Court, one or more of the penalties mentioned may be imposed on the infringer, provided that they are compatible with each other and according to the gravity of the High of individuals.

To be considered as mitigating in the imposition of sanctions against moral persons when the organs of administration, representation, surveillance or the partners of the persons They report or collaborate in the investigations by providing the information and the elements that they possess, and the damages that have been caused.

It is considered as aggravating for the imposition of sanctions on moral persons, the fact that the organs of administration, representation, surveillance or the partners of the They are aware of alleged acts of corruption of natural persons belonging to those who do not report them.

Article 82. For the imposition of penalties by High of Individuals, the following elements must be considered:

I.               The degree of participation of the or the subjects in the Lack of individuals;

II.              The recidivism in the commission of the violations provided for in this Law;

III.             The economic capacity of the offender;

IV.            The damage or endangering the proper development of the State's administrative activity; and

V.             The amount of profit, profit, or damage or injury arising from the breach, when they have been caused.

Article 83. The fining of administrative responsibility by the Special High Commission shall be determined autonomously and independently of the participation of a public servant.

Moral persons will be sanctioned by the High Commission of Individuals, regardless of the responsibility to which the natural persons who act are subject to this type of procedures. name or representation of the moral person or for the benefit of it.

Chapter IV

Common provisions for the imposition of penalties for faults severe administrative and high-end users

Article 84. For the imposition of penalties for serious administrative faults and particular Fhighs, the following rules will be observed:

I.               The suspension or removal of the post from the Public Servants shall be imposed by the Tribunal and executed by the competent public servant or public servant of the relevant public Ente;

II.              The temporary disablement to perform a job, office or commission in the public service, and to participate in acquisitions, leases, services or public works, will be imposed by the Tribunal and executed in the terms of the Resolution dictated, and

III.             The economic sanctions shall be imposed by the Tribunal and executed by the Tax Administration Service in terms of the Fiscal Code of the Federation or by the competent authority of the relevant federal entity.

Article 85. In cases of financial penalty, the Court shall order the persons responsible for the payment to be paid and, in the case of damages affecting the Federal Public Finance, local or In addition, the payment of the corresponding compensation will be paid in addition to the public authorities ' assets. Such economic sanctions shall be of a fiscal nature.

The amounts charged for damages for damages shall be part of the Public Finance or the assets of the public entities concerned.

Article 86. The amount of the financial penalty imposed shall be updated, for the purposes of its payment, in the form and terms established by the Fiscal Code of the Federation, in the case of contributions and taking advantage of, or of the applicable legislation at the local level.

Article 87. When the public server or the individuals allegedly responsible for being linked with a serious administrative fault, disappear or there is an imminent risk of hiding, enajenen or the goods in the judgment of the Court, shall be requested from the Tax Administration Service or the competent authority at the local level, at any stage of the procedure proceed to the precautionary seizure of his assets, in order to guarantee the recovery of the economic sanctions which will be imposed on the the offence committed. Imposed on the economic penalty, the precautionary embargo shall become final and shall be made in the terms of the applicable legislation.

Article 88. The person who has performed any of the serious or high administrative Fhighs of private individuals, or is participating in the performance, may confess his or her responsibility to the the purpose of the benefit of the reduction of penalties laid down in the following Article. This confession may be made to the investigating authority.

Article 89. The application of the benefit referred to in the previous Article shall have the effect of a reduction of between 50 and 70% of the amount of the penalties to be imposed on the person responsible and up to the total, Temporary disablement to participate in acquisitions, leases, services or public works, by High individuals. The following requirements shall be met in addition to the following requirements:

I.               That none of the alleged offenders have been notified of the initiation of the administrative responsibility procedure;

II.              That the person seeking to benefit from this benefit, be among the subjects involved in the infringement, the first to provide sufficient evidence of conviction which, in the opinion of the competent authorities, will enable the the existence of the infringement and the responsibility of the person who committed it;

III.             That the person seeking to benefit from the benefit fully and continuously cooperates with the competent authority carrying out the investigation and, where appropriate, with which it substantiates and resolves the liability procedure. administrative, and

IV.            That the person concerned to obtain the benefit shall, at the time when the authority so requests, suspend its participation in the infringement.

In addition to the above requirements for the application of the benefit referred to in this Article, it shall be established by the authorities competent, the veracity of the confession made.

Where appropriate, the persons who are the second or subsequent to provide sufficient evidence of conviction and comply with the rest of the (a) a reduction in the applicable penalty of up to fifty per cent, where they provide evidence of conviction in the investigation, additional to those already established by the investigating authority. To determine the amount of the reduction, the chronological order of submission of the application and the elements of conviction presented will be taken into consideration.

The application procedure for the reduction of penalties provided for in this Article may be coordinated with the application procedure for reduction of penalties provided for in Article 103 of the Federal Economic Competition Act when appropriate to the relevant investigating authorities.

The Coordinating Committee may recommend effective coordination mechanisms to enable the exchange of information between authorities. administrative authorities, investigating authorities of the Mexican State and investigating authorities within its field of competence.

If the alleged infringer confesses his or her responsibility for the acts that are imputed to him after the initiation of the liability procedure The administrative authority referred to in this Law will apply a reduction of up to thirty percent of the amount of the applicable penalty and, where appropriate, a reduction of up to thirty percent of the disablement time that corresponds to it.

BOOK SECOND

ADJEAPRID

TITLE FIRST

INVESTIGATION AND QUALIFICATION OF SERIOUS AND NON-SERIOUS FAULTS

Chapter I

Starting the investigation

Article 90. In the course of any investigation the principles of legality, impartiality, objectivity, congruence, material truth and respect for human rights shall be observed. The competent authorities shall be responsible for the opportunity, completeness and efficiency in the investigation, the integrality of the data and documents, as well as the safeguarding of the file as a whole.

They will also incorporate into their research, techniques, technologies and research methods that observe international best practices.

The investigating authorities, in accordance with the law of the matter, will have to cooperate with the international authorities in order to strengthen the investigation procedures, to share the best international practices, and effectively combat corruption.

Article 91. The investigation into the alleged responsibility of the administrative authorities shall start ex officio, on the basis of a complaint or derivative of the audits carried out by the competent authorities or, where appropriate, of external auditors.

The complaints may be anonymous. Where appropriate, the investigating authorities shall keep the identity of the persons reporting the alleged infringements as confidential.

Article 92. The investigating authorities shall establish areas of easy access, so that any interested party may lodge complaints with alleged administrative officers, in accordance with the criteria set out in this Law.

Article 93. The complaint must contain the data or indications that allow the presumed administrative responsibility to be reported by the commission of administrative high-ups, and may be presented electronically through the mechanisms that for this purpose establish the investigating authorities, without prejudice to the digital platform that determines, for this purpose, the National Anti-Corruption System.

Chapter II

From Research

Article 94. For the performance of their duties, the investigating authorities shall carry out the audits or investigations duly founded and motivated with respect to the conduct of the Public and private servants who may be administrative responsibilities in the field of their competence. The above without prejudice to the investigations arising out of the denunciations referred to in the previous Chapter.

Article 95. The investigating authorities shall have access to the information necessary for the clarification of the facts, including the fact that the legal provisions in the matter are of a reserved or confidential nature, provided that they are related to the commission of infractions referred to in this Law, with the obligation to maintain the same reservation or section, as determined by the laws.

In order to comply with the powers of the investigating authorities, during the development of investigations for serious administrative misconduct, the provisions aimed at to protect the securities of securities, securities, securities, securities, securities, securities, securities, securities, securities, securities, securities, securities, securities, securities, securities, securities, securities, securities, securities, securities, This information will retain its quality in the relevant files, for which collaboration agreements will be concluded with the relevant authorities.

For the purposes of the foregoing paragraph, the provisions of Article 38 of this Law shall be observed.

The authorities responsible for the investigation, through its holder, may order the practice of verification visits, which will be subject to the provisions of the Federal Law of Procedure. Administrative and their counterparts in the federal entities.

Article 96. The natural or moral persons, public or private, who are the subject of investigation for alleged irregularities committed in the performance of their duties, shall meet the requirements which, duly substantiated and motivated, shall be the investigating authorities.

The investigating authority shall grant a period of five to fifteen working days for the attention of its requirements, without prejudice to being able to extend it for duly justified reasons, request the interested parties. This extension may in no case exceed half of the original time limit.

The public authorities to whom they are required to provide information shall have the obligation to provide it within the same time limit as the preceding paragraph, counted from the notification of the notification. It has its effects.

When public authorities, arising from the complexity of the information requested, require a longer period of time for their attention, they shall request the duly justified extension to the Authority. If the extension is granted in the requested terms, the period to be granted shall be unextendable. This extension may in no case exceed half of the original time limit.

In addition to the privileges referred to in this Law, during the investigation the investigating authorities may request information or documentation from any natural or moral person with the the purpose of clarifying the facts relating to the commission of alleged administrative high-ups.

Article 97. The investigating authorities may use the following measures to enforce their determinations:

I.               Fine up to the equivalent amount of one hundred to fifty times the daily value of the Unit of Measure and Update, which may be doubled or tripled on each occasion, up to two thousand times the daily value of the Unit of Measure and Update, in case of reluctance to comply with the respective mandate;

II.              To request the assistance of the public force of any order of government, which must immediately attend to the request of the authority, or

III.             Arrested for up to thirty-six hours.

Article 98. The Higher Audit Office and the higher audit entities of the federal entities will investigate and, if necessary, substantial in the terms that this Law determines, the corresponding administrative responsibility procedures. Also, in cases where they come, they shall submit the relevant complaint to the competent Public Ministry.

Article 99. In the event that the Superior Audit and the higher audit entities of the federal entities are aware of the alleged commission of administrative high Those referred to in the previous Article shall give the Secretaries or the internal control bodies concerned in view of the fact that they are carrying out the relevant investigation.

Chapter III

From the Administrative Fhighs rating

Article 100. The investigation shall be carried out by the investigating authorities, the investigating authorities shall proceed to the analysis of the facts, as well as the information obtained, in order to determine the existence or non-existence of acts or omissions which the law indicates as administrative lack and, if applicable, qualify as severe or non-severe.

Once the conduct has been qualified in the terms of the preceding paragraph, it shall be included in the Report of the Administrative Responsibility and the latter shall be submitted to the substantial authority for the purpose of initiate the administrative responsibility procedure.

If sufficient elements are not found to demonstrate the existence of the infringement and the alleged responsibility of the offender, a conclusion and file agreement of the file shall be issued, without prejudice to the investigation may be opened again if new evidence or evidence is presented and the right to sanction has not been prescribed. Such determination shall, where appropriate, be notified to the public and private servants subject to the investigation, as well as to the complainants where they are identifiable, within 10 working days of their issuance.

Article 101. The substantial authorities, or where appropriate, the resolvers shall refrain from initiating the administrative liability procedure provided for in this Law or from imposing administrative penalties on a public servant, as the case may be, when the investigations carried out or derived from the assessment of the evidence provided in the abovementioned procedure, note that there is no damage or injury to the Federal, local or municipal public finances or to the assets of the public authorities and that updates any of the following scenarios:

I.               That the performance of the public servant, in the attention, processing or resolution of matters in his office, is related to a question of criteria or arbitrary or debatable, in which validly various solutions can be supported, provided that the conduct or abstention does not constitute a deviation from the legality and the constances of the elements taken into account by the Public Servant in the decision it took, or

II.              That the act or omission was corrected or remedied spontaneously by the public servant or implied manifest error and in any of these assumptions, the effects that, if any, had occurred, disappeared.

The investigating authority or the complainant may contest the abstention, in the terms of the provisions of the following Chapter.

Chapter IV

Unserious fault rating challenge

Article 102. The classification of the facts as non-serious administrative misconduct by the investigating authorities shall be notified to the Complainant, where this is identifiable. In addition to establishing the qualification that has been given to the alleged fault, the notification shall also expressly contain the manner in which the notified person may access the Expedient of presumed administrative responsibility.

The qualification and the abstention referred to in Article 101 may be challenged, where appropriate, by the Complainant, by means of an action of non-conformity in accordance with this Chapter. The filing of the appeal shall have the effect that the administrative liability procedure shall not be initiated until such time as it is resolved.

Article 103. The time limit for lodging the appeal shall be five working days from the date of notification of the contested decision.

Article 104. The document of impeachment must be submitted to the investigating authority which has made the qualification of the administrative non-serious as a non-serious one, and must express the reasons for such a qualification.

Action brought, the investigating authority must transfer, together with the integrated file and a report justifying the contested qualification, to the Chamber of the Corresponding Administrative Responsibilities.

Article 105. If the document setting out the application for non-conformity is obscure or irregular, the Board of Appeal in the field of Administrative Responsibilities shall require the applicant to remedy the deficiencies or to carry out the For this purpose, you will be given a five-day term. Failure to remedy the deficiencies or clarifications within the time limit referred to in the appeal shall be without submission.

Article 106. In the event that the Board of Specials in the field of administrative responsibilities has, for the purposes of subsating, the deficiencies or the clarification of the document in which the application for non-conformity is lodged, or where the document complies with the requirements referred to in Article 109 of this Law, they shall admit such an appeal and shall give the alleged infringer a view of the fact that within five working days he shall express what is appropriate to his right.

Article 107. Once the deficiencies or clarifications have been remedied or if they do not exist, the Board of Administrative Responsibilities shall resolve the application of non-conformity within a period not exceeding 30 working days.

Article 108. The appeal shall be resolved by taking into consideration the investigation on the Expedient of presumed administrative responsibility and the elements provided by the Complainant or the alleged infringer. No action shall be taken against the decision to be taken.

Article 109. The document in which the noncompliance resource is interposed must contain the following requirements:

I.               The name and address of the appellant;

II.              The date the rating was notified to you in terms of this Chapter;

III.             The reasons and grounds for which, in the judgment of the appellant, the rating of the act is undue, and

IV.            The autograph signature of the appellant. The omission of this requirement will result in the appeal not being filed, so in this case the provisions of Article 105 of this Law will not be applicable.

Likewise, the appellant shall accompany his/her writing with the evidence that it considers relevant to support the reasons and grounds expressed in the Inconformity remedy. The satisfaction of this requirement will not be necessary if the arguments against the rating of the facts deal only with aspects of the law.

Article 110. The resolution of the resource will consist of:

I.               Confirm qualification or abstention, or

II.              Leave no rating or abstention, for which the authority responsible for resolving the resource, will be entitled to recalify the act or omission; or to order the corresponding procedure to be initiated.

TITLE SECOND

OF THE ADMINISTRATIVE RESPONSIBILITY PROCEDURE

Chapter I

Provisions common to the administrative responsibility procedure

First Section

Principles, limitation of prescription, parts, and authorizations

Article 111. the principles of legality, presumption of innocence, impartiality, objectivity, congruence, comprehensiveness, material truth and respect for human rights must be observed in the administrative responsibility procedures.

Article 112. The administrative responsibility procedure will begin when the substantial authorities, in the field of their competence, admit the Report of the Administrative Responsibility Report.

Article 113. The admission of the Administrative Responsibility Report shall interrupt the limitation periods referred to in Article 74 of this Law and shall determine the subject matter of the administrative liability procedure.

Article 114. If, after the admission of the report, the investigating authorities advise the probable commission of any other administrative misconduct attributable to the same person identified as a responsible person, they shall draw up a (a) a different Report of the Administrative Responsibility Report and promote the respective administrative responsibility procedure separately, without prejudice to the possibility that, at the appropriate time, they may request their accumulation.

Article 115. The authority to whom the substantiation is entrusted and, where appropriate, the decision of the administrative responsibility procedure, must be different from that or those responsible for the investigation. For this purpose, the Secretariats, the internal control bodies, the Superior Audit Office, the institutions of higher oversight of the federal entities, as well as the units of responsibilities of the productive enterprises of the State, will count with the necessary organic structure to carry out the functions of the investigating and substantial authorities, and shall ensure the independence of the two in the performance of their duties.

Article 116. They are parties to the administrative responsibility procedure:

I.               The investigating authority;

II.              The public server flagged as being responsible for severe or non-severe administrative failure;

III.             The particular person, be a natural or moral person, appointed as an alleged person in the High Commission of Individuals, and

IV.            Third parties, which are all those to whom the decision is to be affected by the administrative responsibility procedure, including the complainant.

Article 117. The parties referred to in Sections II, III and IV of the previous Article may authorise to hear notifications on their behalf, to one or more persons with legal capacity, who shall have the power to bring the proceedings, to provide and intervene in the evidence, to plead in the hearings, to request a sentence to avoid the consummation of the term of expiration for procedural inactivity and to carry out any act that is necessary for the defense of the rights of the authorising officer, but may not replace or delegate those powers to a third party.

Persons authorized in accordance with the first part of this paragraph must prove that they are legally authorized to pursue the profession of lawyer or licensed law, and must provide the data in the document in which the authorization is granted and show the professional cedula or letter of intern for the practice of the lawyer in the proceedings of evidence in which they intervene, in the understanding that the authorized person who does not comply with the above, you will lose the power referred to in this article to the detriment of the party that has appointed him, and shall have only those referred to in the penultimate paragraph of this Article.

Persons authorized in the terms of this Article shall be liable for any damages caused to them by which they authorize them, in accordance with the applicable provisions of the Federal Civil Code, relating to the mandate and the other related ones. The authorized persons may waive such quality, in writing submitted to the resolution authority, by making known the reasons for the waiver.

The parties may designate persons only authorized to hear notifications and to impose themselves on the autos, to any with legal capacity, who shall not enjoy the other powers referred to in the paragraphs above.

The parties must expressly state the extent of the authorizations they grant. The agreement where the authorisations are to be resolved must be clearly expressed in the scope with which the authorisation granted is recognised.

Dealing with moral persons must appear at all times through their legal representatives, or by the persons whom they designate, and may also designate authorized in terms of this Article.

Article 118. In so far as it does not object to the provisions of the administrative liability procedure, the provisions of the Federal Law of Administrative Procedure, or the laws governing the matter in the cases, will be applied in an additional way. federative entities, as appropriate.

Article 119. In the procedures of administrative responsibility shall be estimated as working days each of the year, with the exception of those days which, by virtue of law, any decree or administrative provision, is determined as indeft, during which any action shall be taken. It will be business hours between 9:00 and 18:00. The substantial authorities or the resolution of the case may enable days and indeft hours for the practice of those proceedings which, in his opinion, require it.

Section Second

Aprize media

Article 120. The substantial or resolver authorities may make use of the following means of award to enforce their determinations:

I.               Fine of 100 to one hundred and fifty times the daily value of the Unit of Measure and Update, which may be doubled or tripled on each occasion, up to two thousand times the daily value of the Unit of Measure and Update, in case of reluctance to comply with the respective mandate;

II.              Arrested for up to thirty-six hours, and

III.             To request the help of the public force of any government order, which must immediately attend to the authority's request.

Article 121. The award measures may be enacted without strictly following the order in which they have been listed in the preceding article, or decree the application of more than one of them, for which the authority shall weigh the circumstances. of the case.

Article 122. In case of the application of the award measures the enforcement of the ordered determinations will not be achieved, the competent criminal authority will be given the view to proceed in the terms of the applicable legislation.

Third Section

Precautionary measures

Article 123. The investigating authorities will be able to request the substantial authority or resolver to decree those precautionary measures which:

I.               Avoid hiding or destroying evidence;

II.              Prevent the continuation of the harmful effects of the alleged administrative misconduct;

III.             Avoid hindering the proper development of the administrative responsibility procedure;

IV.            Avoid irreparable damage to the Federal Public Finance, or to federal entities, municipalities, municipalities, or to the assets of public entities.

No precautionary measures may be imposed in cases where damage to the social interest is caused or provisions of public order are contravened.

Article 124. They may be decreed as precautionary measures:

I.               Temporary suspension of the public servant designated as being responsible for the employment, position or commission he/she carries out. Such suspension shall not prejudice or be an indication of the liability to which it is charged, which shall be stated in the decision in which it is imposed. As long as the temporary suspension lasts, the necessary measures must be enacted at the same time to ensure that the presumed person is responsible for maintaining his or her minimum life and for his economic dependents, as well as for those who prevent him from being present. has been responsible for the Commission's failure to be charged. In the event that the public servant temporarily suspended will not be responsible for the acts attributed to him, the dependency or entity where he provides his services will restore him in the enjoyment of his rights and will cover the perceptions that should have been received during the time it was suspended;

II.              Exhibit of original documents directly related to the alleged Administrative Lack;

III.             Warning of a fine of one hundred and one hundred and fifty Units of Measure and Update, in order to conmine the alleged perpetrators and witnesses, to present themselves the day and hour that they will point out for the proof of their charge, as well as to indicate an address to practice any personal notification related to the substantiation and resolution of the administrative liability procedure;

IV.            The precautionary seizure of goods; assurance or precautionary intervention of negotiations. In this respect, the Tax Code of the Federation or those which, where applicable, in this same matter, are applicable in the field of the federative entities, shall be applicable in an additional manner, and

V.             Those necessary to avoid irreparable damage to the Federal Public Finance, or to the federal entities, municipalities, municipalities, or the assets of the public authorities, for which the authorities of the case, may request the assistance and collaboration of any authority in the country.

Article 125. The granting of precautionary measures shall be dealt with in an incidental manner. The written application shall be made to indicate the evidence of which the concealment or destruction is intended to be prevented; the harmful effects of the alleged administrative misconduct; the acts which hinder the proper development of the the procedure for administrative responsibility; or, the irreparable damage to the Federal Public Finance, or of the federative entities, municipalities, municipalities, or the patrimony of the public authorities, expressing the reasons for which request the precautionary measures and where their relevance is justified. In any case, the name and addresses of those affected by the precautionary measures must be indicated, so that, where appropriate, they are given the view of the respective incident.

Article 126. With the written request for the precautionary measures, all those who will be directly affected by the precautionary measures will be given, so that within five working days they will manifest what is at their right. If the authority which is aware of the incident considers it necessary, the admission agreement may provisionally grant the requested precautionary measures.

Article 127. After the period referred to in the previous Article, the Resolute Authority shall give the relevant interlocutory decision within the following five working days. No recourse shall be made against that determination.

Article 128. The precautionary measures aimed at preventing damage to the Federal Public Finance or the federal authorities, municipalities or municipal authorities, or to the assets of the public authorities, will only be suspended when the presumed responsible sufficient guarantee of repair of damage and damage caused.

Article 129. The suspension of the precautionary measures may be requested at any time in the proceedings, and the reasons why it is deemed unnecessary should be justified, for which the incidental procedure should be followed. described in this section. No recourse shall be made against the decision denying the suspension of the precautionary measures.

Section Fourth

Of the tests

Article 130. In order to know the truth of the facts, the decision-making authorities may avail themselves of any person or document, whether they belong to the parties or to third parties, without limitation that the evidence has been obtained lawfully, and with full respect for human rights, only the confessional in charge of the parties for acquittal of positions shall be excluded.

Article 131. The tests will be valued according to the rules of logic, healthy criticism and experience.

Article 132. The resolution authorities shall themselves receive the witness and expert statements, and shall preside over all the acts of evidence under their strictest responsibility.

Article 133. The documents issued by the authorities in the exercise of their duties shall have full probative value in respect of their authenticity or the accuracy of the facts to which they relate, unless otherwise proved.

Article 134. Private documentaries, testimonials, inspections, and other legal means of proof to be offered by the parties, shall only be fully tested when the decision-making authority of the case is found to be reliable and consistent with the known truth and the righteous reasoning of the relationship that they keep with each other, in such a way that they generate conviction on the veracity of the facts.

Article 135. Every person who is identified as being responsible for administrative misconduct is entitled to be presumed innocent until proven, beyond reasonable doubt, to his guilt. The investigating authorities will have the burden of proof to prove the veracity of the facts that demonstrate the existence of such faults, as well as the responsibility of those to whom they are charged. Those who are alleged to be responsible for administrative misconduct shall not be obliged to confess their responsibility or to declare against them, so their silence shall not be considered as proof or evidence of their responsibility in the the commission of the facts that are imputed to him.

Article 136. The evidence must be provided within the time limits set out in this Law. Those who are offered outside of them shall not be admitted unless the evidence is over-lieutenants, on the understanding of such evidence, those which have occurred after the expiry of the time limit for the provision of evidence; or before, whenever he who offers them manifests in protest of telling truth that he did not have the possibility to know his existence.

Article 137. Of any supervenient evidence, the parties shall be given a three-day term to express what is at their right.

Article 138. The facts of the case will not be tested, and the authority that resolves the matter may be able to refer to them even if the parties have not mentioned them.

Article 139. In the event that any party has requested the issue of a document or report held by any person or public entity, and has not been issued without justification, the Resolute Authority of the case shall order that issue the same, for which you can make use of the means of award provided for in this Law.

Article 140. Any person, even if he is not a party to the procedure, has an obligation to provide assistance to the resolution authorities of the matter for the investigation of the truth, so they must exhibit any document or thing, or render their testimony at the time it is required to do so. The ascendants, descendants, spouses and persons who are obliged to maintain the obligation of professional secrecy shall be exempt from such obligation in the cases in which they are to be tested against the party to which they relate.

Article 141. National law does not require testing. The foreign law may be the subject of proof as to its existence, validity, content and scope, for which the decision-making authorities of the case may be based on reports requested through the Secretariat of Relations External, without prejudice to the evidence to be provided by the parties in this respect.

Article 142. The decision-making authorities of the case will be able to order the conduct of proceedings to better provide, without therefore being open again to the investigation, having the practice or extension of any probative diligence, always which is relevant to the knowledge of the facts relating to the existence of the administrative fault and the responsibility of the person who committed it. With the evidence to be made to the proceedings arising from the proceedings, the parties will be given the opportunity to provide the parties for the three-day term to express what is right, and may be objected to in terms of their scope and value. evidentiary on the incidental route.

Article 143. Where the preparation or disqualification of the evidence must take place outside the jurisdiction of the Authority's decision-making authority, it may, by means of an appeal or a request, request the cooperation of the competent authorities of the place. In the case of letters rogatory, the provisions of the treaties and conventions of which Mexico is a party will be dealt with.

Fifth Section

Of the particular tests

Article 144. The testimonial proof shall be borne by anyone who is aware of the facts that the parties must prove, who, by that fact, are obliged to bear witness.

Article 145. The parties may provide the witnesses they deem necessary to prove the facts to be demonstrated. The Resolute Authority may limit the number of witnesses if it considers that its testimony relates to the same facts, for which, in the agreement where it is determined, it shall give reasons for such a decision.

Article 146. The presentation of the witnesses shall be the responsibility of the party offering them. They shall only be cited by the Resolute Authority when their offeror manifests that they are unable to make them present, in which case, the summons of the witness shall be provided through the application of the means of aaward indicated in this Law.

Article 147. Those who, for reasons of age or health, may not be able to present their testimony before the Resolute Authority, will be taken to testify at their home or in the place where they are, and the parties may be able to attend such diligence.

Article 148. The representatives of the people's elections, ministers, magistrates and judges of the judicial branch of the Federation, the councilors of the Federal Judicature Council, the public servants who are ratified or appointed with the intervention of any of the Chambers of the Congress of the Union or the local congresses, the Secretaries of the Office of the Federal Executive Branch and the equivalents in the federal entities, the holders of the bodies to which the Political Constitution of the The United States of Mexico grants autonomy, the judges and judges of the courts of The Court of Justice of the Federal Institutions, the counsellors of the Councils of the Judicature or their equivalents of the Federative Entities, and the holders of the organs to which the local constitutions grant autonomy, shall render their declaration by trade, for which questions and related questions will be sent to them in writing.

Article 149. With the exception of the provisions of the previous article, the questions addressed to the witnesses shall be made verbally and directly by the parties or by those authorized to do so.

Article 150. The party that has offered the test shall be the first party to question the witness, following the other parties in the order determined by the Resolute Authority of the case.

Article 151. The resolution authority may freely interrogate the witnesses in order to clarify the truth of the facts.

Article 152. The questions and questions asked of the witnesses, must refer to the administrative lack of the alleged perpetrators and the facts that directly tell the witnesses. They must be expressed in clear terms and not be insidious, or contain the answer. Those questions that do not meet these requirements will be discarded, although they will be settled verbatim in the respective minutes.

Article 153. Before they give their testimony, the witnesses will be taken to the protest to conduct themselves with truth, and they will be warned of the penalties in which those who declare with false authority other than the judicial authority incur. The name, address, nationality, place of residence, occupation and domicile, if any of the parties concerned by consanguinity or affinity, shall be stated if it maintains with any of them relations of friendship or business, or, if it has any enmity or animosity towards either party. Upon the end of testifying, witnesses shall state the reason for their saying, that is, why they know and tell them what they manifested in their testimony.

Article 154. The witnesses shall be questioned separately, and the resolution authority shall take appropriate measures to prevent them from communicating. The witnesses offered by one of the parties will surrender on the same day, without exception, for which it will be possible to enable working days and hours. In the same way, the witnesses of the other parties will proceed, until all the calls to render their testimony are examined by the parties and the resolution authority of the case.

Article 155. Where the witness does not know the Spanish language, or does not know how to read, the decision-making authority of the case shall appoint a translator, and in such cases shall provide the statement of the solvent in Spanish, as well as in the language or dialect of the solvent, for which it shall be ancillary to the translator which that authority has appointed. In the case of persons who have a visual, hearing or locution disability, the intervention of the experts or experts must be requested to enable them to have a proper and appropriate treatment in the procedures of administrative responsibility in which they intervene.

Article 156. The questions to be asked of the witnesses, as well as their corresponding answers, will be recorded in the respective minutes. The parties and witnesses must be signed by the parties and the witnesses, who may read the same, or request that they be read to them by the official designated by the resolution authority of the case. For persons with a visual, hearing or locution disability, the relevant measures shall be taken to enable them to access the information contained in the minutes before signing it or printing their fingerprint. If the parties are unable or would like to sign the act or print their fingerprint, they will be signed by the authority which has to resolve the matter by stating such a circumstance.

Article 157. Witnesses may be crossed out by the parties in the incidental way in the terms provided for in this Law.

Article 158. It is documentary evidence that contains information in a written, visual or auditory manner, regardless of the material, format or device in which it is embodied or consigned. The decision-making authority of the case may ask the parties to provide the necessary technological tools for the assessment of the documents offered when they are not at their disposal. In the event that the parties do not have such instruments, that authority may request the collaboration of the federal public prosecutor's office or the federal authorities, or the public institutions of higher education, in order to allow access to the technological equipment necessary for the assessment of documentary evidence.

Article 159. They are public documents, all those that are issued by the public servants in the exercise of their functions. It is private documents that do not meet the above condition.

Article 160. Documents that are in a foreign language or in any language or dialect, must be translated into Spanish. To this end, the Authority shall request its translation by means of a expert appointed by her. The objections submitted by the parties to the translation shall be processed and resolved in the incidental way.

Article 161. Private documents shall be submitted in original form, and, when they are part of a file or file, they shall be displayed for the purposes of the party's comments.

Article 162. The collation of signatures, letters or fingerprints may be requested, provided that the authenticity of a public or private document is denied or questioned. The person who requests the collation will point out the document or documents that are not in doubt to do the collation, or ask the Resolute Authority to quote the author of the signature, letters or fingerprint, so that in his presence he will stamp those necessary for the collation.

Article 163. They are considered to be induitable for collation:

I.               The documents that the parties recognize as such, by common agreement;

II.              The private documents, the letter or signature of which has been recognised before the Authority of the case, by the person to whom the doubt is attributed;

III.             Documents whose letter, signature or fingerprint has been declared on the court of law of the person to whom the indoubt is attributed, unless such declaration has been made in absentia; and

IV.            The letters, signatures or fingerprints that have been placed in the presence of the Resolute Authority in actions of the responsibility procedure, by the party whose signature, letter or fingerprint is to be checked.

Article 164. The substantial or resolvable Authority may request the collaboration of the federal public ministry or the federal entities to determine the authenticity of any document that is questioned by the parties.

Article 165. The information generated or reported on electronic, optical or any other technology is recognized as evidence.

In order to assess the probative strength of the information referred to in the preceding paragraph, the reliability of the method in which it has been generated, communicated, received or archived and, in its case, if it is possible to attribute the content of the relative information to the people and be accessible for further consultation.

When the law requires a document to be preserved and presented in its original form, that requirement will be satisfied if it is credited that the information generated, communicated, received or archived by means of the document electronic, optical or any other technology, has been integrated and unaltered from the moment it was first generated in its final form and it can be accessible for further consultation.

Article 166. The parties may object to the scope and probative value of the documents provided as evidence in the administrative responsibility procedure in the incidental way provided for in this Law.

Article 167. The expert test will take place when to determine the truth of the facts it is necessary to have the special knowledge of a science, art, technique, trade, industry or profession.

Article 168. Those who are proposed as experts must have a degree in science, art, technology, trade, industry or profession to which the question of which they must appear must be, provided that the law requires that title for their exercise. Otherwise, they may be authorised by the resolution authority to act as experts, who in their opinion have the knowledge and experience to deliver an opinion on the matter.

Article 169. The parties shall offer their experts expressly indicating the science, art, technology, trade, industry or profession on which the test is to be carried out, as well as the points and issues on which the test will be conducted.

Article 170. In the agreement that the admission of the test is resolved, the offeror will be required to present to his expert the day and time that is indicated by the Resolute Authority of the matter, so that he accepts and protects his position of conformity with the law. In case of failure to do so, the test will not be offered.

Article 171. By admitting the expert test, the Resolute Authority of the case shall give the other parties a view on the three-day term to propose the extension of other points and issues for the expert to determine.

Article 172. If the expert has accepted and protested his position, the decision-making authority of the case shall set a time limit for the expert to submit the relevant opinion. If no such opinion is delivered, the test shall be declared deserted.

Article 173. The other parties to the administrative procedure may in turn appoint an expert to give a ruling on the issues raised by the applicant for the test, as well as by the other parties, with a view to proceeding in the terms described in Article 169 of this Law.

Article 174. Submitted the opinions by the experts, the resolution authority shall summon the experts to a hearing where the parties and the authority themselves may request the clarifications and explanations they consider to be conducive.

Article 175. The parties will absolve the costs of the fees of the experts they offer.

Article 176. As appropriate, the Authority may request the collaboration of the federal public ministry or the federal institutions, or of public institutions of higher education, so that, through experts in the science, art, technology, industry, trade or profession attached to such institutions, give their opinion on those issues or points at issue by the parties in the conduct of the expert test, or on those aspects which it considers necessary for the clarification of the facts.

Article 177. The inspection in the administrative responsibility procedure shall be carried out by the Resolute Authority and shall be carried out where it is requested by either party or, when the latter is of its own motion, the authority for the clarification of the facts, provided that no special knowledge is required for the assessment of the objects, things, places or events that are intended to be observed by the inspection.

Article 178. By offering the inspection test, your offeror must specify the objects, things, places or events that are intended to be observed through the intervention of the Resolute Authority of the case.

Article 179. Before the inspection test is accepted, the resolution authority shall give the other parties the opportunity to express what is appropriate and, where appropriate, to propose the extension of the objects, things, places or events which will be the subject of the inspection. inspection.

Article 180. For the purposes of the inspection test, the resolution authority shall quote the parties at the place where the inspection is to be carried out, who may attend to make any observations they deem appropriate.

Article 181. From the inspection carried out, a record shall be drawn up which shall be signed by those who intervened. If you do not wish to do so, or be prevented from doing so, the resolution authority will sign the respective act by stating such a circumstance.

Sixth Section

Of the incidents

Article 182. Those incidents that do not have special processing will be promoted by a written statement from each side, and three days to resolve. If evidence is provided, it shall be made in the respective submission. If such evidence is not related to the facts at issue in the incident, or if the matter of the incident only concerns points of law, the substantive or resolutive Authority of the case, as the case may be, shall discard the evidence offered. If the evidence is accepted, a hearing shall be established within 10 working days following the admission of the incident where the evidence is to be received, the pleadings of the parties shall be heard and shall be cited in order to hear the judgment. corresponds.

Article 183. Where the incidents are intended to strike witnesses, or to object to evidence as to their scope and evidentiary value, it will be necessary for those who promote the incident to accurately identify the reasons for this, as well as the evidence that support their claims. In case of failure to do so, the incident will be thrown out of hand.

Article 184. Incidents that are intended to claim the nullity of the site will interrupt the continuation of the procedure.

Seventh Section

From the build up

Article 185. Accumulation will be sourced:

I.               Where two or more persons are assigned the commission of one or more of the administrative Ftas who are related to each other in order to facilitate the execution or to ensure the consummation of any of them;

II.              In the case of administrative liability procedures where two to the highest administrative costs are attributed to the same person, provided that they are related to each other, in order to facilitate the execution or ensure the consummation of any of them.

Article 186. Where cumulation is appropriate, it shall be competent to hear the case of a substantial authority which is aware of the absence of a higher penalty. If the administrative failure warrants the same sanction, the authority responsible for substantiating the case that has first admitted the Report of the Administrative Responsibility Report shall have jurisdiction.

Eighth Section

Of notifications

Article 187. The notifications shall be made as from the following working day in which their effects arise.

Article 188. The notifications may be made to the parties personally or by the parties of the substantial authority or, where appropriate, the resolver.

Article 189. Personal notifications shall have their effects on the following working day in which they are made. The substantive or resolver authorities of the case, as appropriate, may request, by means of an appeal, the collaboration of the Secretaries, Internal Control Bodies or the Courts to make the personal notifications they have to to carry out those persons who are in places outside their jurisdiction.

Article 190. Strings notifications shall have their effect within three working days following the date of their placing in the places for that purpose. The substantive or resolver authority of the case shall certify the day and time when the agreements have been placed in the respective strates.

Article 191. Where electronic notification is provided by the organic laws of the Courts, it shall be applied in this respect.

Article 192. When the notifications are to be made abroad, the authorities may request the assistance of the competent authorities by means of a letter rogatory, for which the provisions of the conventions or instruments must be of which Mexico is a party.

Article 193. They will be personally notified:

I.               The location of the alleged or alleged perpetrators to appear in the administrative responsibility procedure. In order for the site to be understood, it must be given a certified copy of the Report of the Administrative Responsibility Report and of the agreement for which it is accepted; of the constances of the Presumed Responsibility Administrative integrated in the investigation, as well as the other constances and tests that have been provided or offered by the investigating authorities to support the Report of the Administrative Responsibility Report;

II.              The admission agreement of the Administrative Responsibility Report;

III.             The agreement to order the summons to the initial hearing of the administrative responsibility procedure;

IV.            In the case of serious administrative misconduct, the agreement to refer the original constances of the case file of the administrative responsibility procedure to the Court responsible for resolving the case;

V.             The agreements for which the parties or third parties are issued with the imposition of award measures;

VI.            The final decision that is given in the administrative responsibility procedure, and

VII.           The others as determined in the law, or that the substantive or resolver authorities of the matter consider pertinent to the best fulfillment of their resolutions.

Ninth Section

Administrative Responsibility Reports

Article 194. The Report of the Administrative Responsibility Report shall be issued by the investigating authorities, which shall contain the following elements:

I.               The name of the investigating authority;

II.              The address of the investigating authority to hear and receive notifications;

III.             The name or names of the officials who may impose themselves on the files of the administrative responsibility file by the investigating authority, specifying the extent to which the authorization granted;

IV.            The name and address of the public servant to whom it is indicated as the presumed responsible, as well as the public Ente to which it is attached and the position that it carries out. If the alleged perpetrators are private, their name or social reason must be indicated, as well as the address where they may be located;

V.             The logical and chronological narration of the facts that gave rise to the commission of the alleged Administrative Lack;

VI.            The violation that is attributed to the person who is alleged to be responsible, clearly stating the reasons why the fault is considered to have been committed;

VII.           The evidence to be offered in the administrative responsibility procedure, in order to prove the commission of the administrative lack, and the responsibility attributed to the person as alleged responsible, having to exhibit the documentary evidence in their possession, or those which, not standard, are credited with the duly sealed acknowledgement of receipt, which has been duly requested by them;

VIII.          The request for precautionary measures, if applicable, and

IX.            A research authority autograph.

Article 195. In case the Substantial Authority advises that the Report of the Administrative Responsibility is vitiated by some or some of the requirements mentioned in the previous article, or that the narrative of the facts is obscure or imprecise, will prevent the investigating authority from subsane within a period of three days. Failure to do so shall not result in the submission of such a report, without prejudice to the fact that the investigating authority may submit it again provided that the penalty provided for in the administrative absence in question has not been prescribed.

Decima Section

From the inprovenance and the overment

Article 196. They are causes of the administrative responsibility procedure, the following:

I.               When the administrative shortage has been prescribed;

II.              Where the facts or conduct of the proceedings are not a matter for the substantive or resolutive authorities of the case. In this case, by trade, the matter must be brought to the attention of the competent authority;

III.             When the administrative authorities responsible for the alleged liability have already been the subject of a decision which has caused enforcement by the decision-making authorities of the case, provided that the case is alleged to have been responsible is the same in both cases;

IV.            When of the facts referred to in the Report of the Administrative Responsibility Report, the commission of administrative high-ups shall not be warned, and

V.             When you omit to accompany the Report on Administrative Responsibility.

Article 197. The following cases will proceed in the following cases:

I.               When any of the causes of origin provided for in this Law are updated or exceeded;

II.              When, by virtue of a legislative reform, the administrative lack that is charged to the alleged responsible person has been repealed, or

III.             When the person identified as an alleged person is killed during the administrative responsibility procedure.

When the parties are aware of any cause of termination, they shall immediately communicate it to the Substantial Or Resolvable Authority, as appropriate, and if possible, accompany the constances which the credit.

First Tenth Section

Of the audiences

Item 198. The hearings that are held in the administrative responsibility procedure, will be carried out according to the following rules:

I.               They will be public;

II.              The interruption of the hearing by any person shall not be permitted, either by those involved in it or by others. The authority in charge of the address of the hearing may repress the interruptions to it by making use of the means of aaward provided for in this Law, and shall even be empowered to order the eviction of the persons outside the proceedings where the hearing is held, where it is appropriate for the normal conduct and continuation of the hearing, for which it may request the aid of the public force, the reasons for which must be stated in the respective minutes. what you had for it;

III.             Those acting as secretaries, under the responsibility of the authority responsible for the management of the hearing, must record the day, place and time at which the hearing is held, the time at which the hearing ends, and the name of the the parties, experts and witnesses and persons involved in the proceedings, in the light of the incidents which have been carried out during the hearing.

Article 199. The substantive or resolver authorities of the case have a duty to maintain good order and to require that they be kept with due respect and consideration, so that they shall take, on their own initiative or at the request of a party, all necessary measures established in law, aimed at preventing or punishing any act contrary to respect due to them and to which the parties must keep each other, as well as the faults of decorum and probity, being able to require the aid of the force public.

When the offence will be a crime, it will be carried out against those who commit it, in accordance with the provisions of criminal law.

Second Section Section

Of the actions and resolutions

Article 200. The files shall be formed by the substantial authorities or, where appropriate, resolvers of the case with the collaboration of the parties, third parties and those involved in the proceedings according to the following rules:

I.               All written submissions must be written in Spanish or national language and be signed or contain their fingerprint, by those involved. If they do not know or are able to sign it will be enough to stamp the fingerprint, or they will be able to ask that they sign another person to their request and to their name to indicate such circumstance. In the latter case, the author of the promotion shall be required to appear personally to the Substantial Authority or the resolver, as the case may be, to ratify his or her writing within three days of failure to appear submitted in writing;

II.              The documents drawn up in foreign languages shall be accompanied by their due translation, from which the parties shall be given the opportunity to express what is at their right;

III.             In any action the quantities and dates will be written with letter, and no abbreviations will be used, nor will the wrong phrases be scratched, on which only a thin line will be put that allows its reading to be saved at the end of the document with all accuracy the error made. The foregoing shall not apply where the proceedings are carried out by the use of computer equipment, but it shall be the responsibility of the substantive or resolutive authority, which in the course of action shall be clearly stated during the course of the proceedings. they;

IV.            All the constances of the file must be foliated, sealed and initialled in progressive order, and

V.             The actions shall be authorized by the substantial or resolvable authorities, and, where appropriate, by the secretary to whom it is appropriate to certify or attest to the act when it is determined in accordance with the laws corresponding.

Article 201. The actions will be null when they lack any of their essential requirements, so that there is no defense of either party. The party which has given rise to it shall not be entitled to claim the nullity.

Article 202. The resolutions will be:

I.               Agreements, when dealing with those on simple processing resolutions;

II.              Provisional cars, which refer to determinations that are provisionally executed;

III.             Preparatory cars, which are resolutions preparing the knowledge and decision of the case, order the admission, preparation of tests or their deahogo;

IV.            Interlocutory statements, which are those that resolve an incident, and

V.             Final statements, which are the ones that resolve the administrative responsibility procedure.

Article 203. Resolutions must be signed by the authority issuing it, and, if necessary, by the corresponding secretary in the terms provided for in the laws.

Article 204. Agreements, autos and judgments may not be modified after they have been signed, but the authorities issuing them may clarify any concept when they are obscure or imprecise, without altering its essence. Clarifications may be made on their own initiative or at the request of any of the parties which shall be promoted within three working days following the notification of the decision, in which case the appropriate resolution shall be issued within three working days.

Article 205. Any resolution must be clear, precise and consistent with the parties ' promotions, resolving what they have asked for. Simple and clear language should be used, and unnecessary transcripts should be avoided.

Article 206. The decisions shall be deemed to have been final, where the time limits provided for in this Law have elapsed, have not been brought against him or have been brought against him; or, since the date of issue, where the appeal or the ordinary means of defense.

Article 207. The definitive statements must contain the following:

I.               Place, date, and corresponding resolver Authority;

II.              The reasons and grounds for the competence of the Resolute Authority;

III.             The history of the case;

IV.            The clear and precise fixing of the facts at issue by the parties;

V.             The assessment of supported and undrowned tests;

VI.            The legal logical considerations that serve as a basis for the issuance of the resolution. In the event that damages have been caused to the Federal, local or municipal public finances or to the assets of the public authorities, the existence of the causal link between the conduct described as lacking must be noted. serious administrative or lack of private individuals and the injury caused; the assessment of the damage or injury caused; as well as the determination of the amount of the compensation, explaining the criteria used for its quantification;

VII.           The relative to the existence or non-existence of the facts that the law indicates as serious administrative lack or lack of private individuals and, where appropriate, the full responsibility of the public or private servant connected with such faults. When arising from the knowledge of the case, the Resolute Authority will warn the likely commission of administrative officers, who may be imputable to another person or other persons, may order in its ruling that the investigating authorities initiate the investigation corresponding;

VIII.          The determination of the sanction for the public servant who has been declared to be fully responsible or linked in the commission of the serious administrative misconduct;

IX.            The existence or non-existence that in terms of this Law constitute Administrative Fhighs, and

X.             The resolutionpoints, where the way in which the resolution must be satisfied must be specified.

Chapter II

From the administrative responsibility procedure to the internal control bodies and secretariats

Article 208. In matters relating to non-serious administrative high-ups, the following terms must be applied:

I.               The Research Authority shall submit to the Substantial Authority the Report of the Administrative Responsibility Report, which shall, within three days, decide on its admission, and may prevent the Investigating authority to remedy the omissions you warn, or to clarify the facts narrated in the report;

II.              In the event that the Substantial Authority admits the Report of Administrative Responsibility, it shall order the location of the alleged person responsible, and must quote him to appear in person for the celebration of the initial hearing, indicating precisely the day, place and time at which the hearing will take place, as well as the authority to which it will be held. Likewise, it will make you know the right you have not to declare against yourself or to plead guilty; to defend yourself personally or to be assisted by a expert in the field and that, if you do not have a defender, you will be appointed a ex officio defender;

III.             Between the date of the placement and the date of the initial hearing, a period of not less than 10 or more than 15 working days shall be provided. The deferral of the hearing may only be granted for duly justified cases of fortuitous or force majeure, or in cases where it is called;

IV.            Prior to the conclusion of the initial hearing, the substantial Authority shall quote the other parties to be present at the proceedings, at least seventy-two hours in advance;

V.             On the day and time indicated for the initial hearing, the accused person will surrender his or her statement in writing or verbally, and must provide the evidence that he deems necessary for his or her defense. In the case of documentary evidence, it must be displayed by all those in its possession, or those which are not standard, by means of the corresponding acknowledgement of receipt. In the case of documents held by third parties and which could not be obtained by acting in private files, it must indicate the file in which they are located or the person who has them in their care so that, if necessary, they are required in the terms provided for in this Act;

VI.            Third parties called to the administrative responsibility procedure, at the latest during the initial hearing, may express in writing or in a verbal manner whatever their right is appropriate and provide the evidence they deem to be conducive, the documentary evidence in its possession, or the documents which it does not provide, must be shown by the corresponding acknowledgement of receipt. In the case of documents held by third parties and which could not be obtained by acting in private files, they must indicate the file in which they are located or the person who has them in their care so that, if necessary, they are required;

VII.           Once the parties have indicated during the initial hearing what their right is appropriate for and offered their respective evidence, the substantial Authority shall declare the initial hearing closed, after which the parties may not provide more evidence, except for those that are supervenlients;

VIII.          Within 15 working days following the closing of the initial hearing, the Substantial Authority shall issue the appropriate test admission agreement, where it shall order the necessary steps for its preparation and Desahogo;

IX.            Concluded the failure of the evidence offered by the parties, and if there were no outstanding measures to provide or more evidence to be provided than to vent, the Authority will declare open the period of the pleadings for a term of five working days common to the parties;

X.             Once the period of the pleadings has been completed, the decision-making authority of the case shall, of its own motion, declare the instruction closed and shall instruct the parties to hear the relevant decision, which shall be given within a period not exceeding 30 working days, which may be extended once for a further 30 working days, where the complexity of the case so requires, and the reasons for this should be expressed;

XI.            The resolution must be personally notified to the alleged person responsible. Where appropriate, the complainants shall be notified only for their knowledge, and the immediate boss or the holder of the dependency or entity, for the purpose of their execution, within a period not exceeding 10 working days.

Chapter III

Of the administrative responsibility procedure whose resolution corresponds to the Courts

Article 209. In matters relating to serious administrative and/or high-ups of individuals, the procedure provided for in this article must be carried out in accordance with the procedure.

The substantial authorities shall observe the provisions of fractions I to VII of the preceding article, after which they shall proceed in accordance with the following fractions:

I.               No later than three working days after the initial hearing has been completed, the substantial authority shall, under its responsibility, send the original file to the competent court, as well as notify the parties of the date of their dispatch, indicating the address of the Court responsible for the decision of the case;

II.              When the Tribunal receives the file, under its strictest responsibility, it must verify that the lack described in the Report of the Administrative Responsibility is considered to be serious. In the event of failure to do so, by giving proper reasons for its resolution, it shall send the relevant file to the relevant Substantial Authority to continue the procedure in accordance with the provisions of the previous Article.

Similarly, to warn the Court that the facts described by the investigating authority in the Report of the Administrative Responsibility corresponds to the description of a different serious fault, order the latter to make the corresponding reclassification, being able to point out the guidelines that it considers relevant for its due presentation, for which it will give you a period of three working days. In case the investigating authority refuses to make the reclassification, under its strictest responsibility it will inform the Tribunal by founding and motivating its action. In this case, the Court will continue with the administrative responsibility procedure.

Once the Court has decided that the matter falls within its jurisdiction and, where appropriate, the reclassification has been resolved, it shall notify personally to the parties on receipt of the file.

Where the parties have been notified, it shall be within 15 working days of the acceptance of the evidence that the parties have been notified. corresponds, where you must order the necessary steps for your preparation and desahogo;

III.             Concluded the proof of the evidence offered by the parties, and if there were no outstanding measures to provide or more evidence to be given, the Tribunal will declare open the period of the pleadings for a term of five days Common working parties for the parties;

IV.            Once the period of the pleadings has been completed, the Tribunal shall, of its own motion, declare the instruction closed and shall quote the parties to hear the appropriate resolution, which shall be issued within a period not exceeding thirty working days, which shall be may be extended for a single time for another 30 working days, where the complexity of the case so requires, and the reasons for that need to be expressed; and

V.             The resolution must be personally notified to the alleged person responsible. Where appropriate, the complainants shall be notified only for their knowledge, and the immediate boss or the holder of the dependency or entity, for the purpose of their execution, within a period not exceeding 10 working days.

First Section

Of Revocation

Article 210. Public servants who are responsible for the commission of non-serious administrative officers in the terms of administrative decisions that are issued in accordance with the provisions of this Title by the Secretaries or the Organs internal control, may bring the action of revocation to the authority which issued the decision within 15 working days following the date on which the respective notification takes effect.

The decisions that are made in the appeal of revocation will be impugable before the Courts, via the administrative litigation for the case of the Federal Administrative Court of Justice, or the trial the laws governing such matters in the federal entities shall be in place as appropriate.

Article 211. The fulfillment of the revocation facility will be subject to the following rules:

I.               It will be initiated by writing in which the grievances that the Public Server's judgment will cause the resolution to be expressed, as well as the offering of the evidence it deems necessary to render;

II.              The authority shall agree on the prevention, admission or disposal of the appeal within three working days; if it is admitted, it shall have to agree on the evidence offered, by rejecting those tests which are not suitable for unvirtualisation of the facts on which the resolution is based;

III.             If the application of the revocation appeal does not comply with any of the requirements set out in the section I of this article and the authority does not have any elements to remedy it, the appellant shall be prevented by a single the purpose of the failure to comply with the omissions within a period which may not exceed three days from the day following the notification of the prevention, with the warning that, if the action is not complied with, the action of the revocation.

Prevention will have the effect of disrupting the time limit for the authority to resolve the appeal, so that it will start to be computed from the day following its deahogo, and

IV.            The evidence, if any, the Secretaries, the holder of the internal control body or the public servant to whom the power is delegated, shall be issued within 30 working days of the notification, interested in a period of not more than seventy-two hours.

Article 212. The interposition of the resource will suspend the execution of the contested resolution, if the following requirements are met:

I.               To be requested by the appellant, and

II.              That the social interest is not prejudiced or that public order provisions are contravened.

In cases where the suspension is appropriate but may cause damage or damage to the third party and the same is granted, the complaint must be guaranteed enough to repair the damage and (a) to compensate for any damage caused by it if it does not obtain favourable judgment.

Where, with the suspension, the rights of the third party concerned may be affected which are not estimable in money, the authority which resolves the appeal shall discretionally fix the amount of the warranty.

The authority must agree within a period of no more than twenty-four hours with respect to the suspension requested by the appellant.

Section Second

From Claim

Article 213. The claim remedy shall proceed against the resolutions of the substantial authorities or resolvers who admit, dispose of or otherwise have not filed the Report of the Administrative Responsibility, the answer or any other (a) evidence; those that have declared or deny the dismissal of the administrative liability procedure prior to the closure of the instruction; and those who admit or reject the intervention of the third party concerned.

Article 214. The complaint shall be lodged with the Substantial Authority or the Resolute, as appropriate, which has issued the order under appeal, within five working days of the date on which the notification in question takes effect.

The appeal will be ordered to be transferred to the counterparty for the term of three working days to express what is at its right, without further processing, to be given to the Court to resolve within five business days.

From the claim you will know the Substantial Authority or resolver that issued the appealed order.

The resolution of the claim will not admit any legal recourse.

Third Section

From the Appeal

Article 215. Resolutions issued by the Courts may be challenged by those responsible or by third parties, by means of an appeal, to the body and in accordance with the means to determine the laws of the Courts.

The appeal of appeal shall be promoted in writing to the Court which issued the judgment within 15 working days following the one in which the notice of appeal takes effect. the resolution that is used.

In writing the grievances that the parties consider have been caused to them, with a copy of the same for the file and one for each of the parties.

Article 216. The appeal against the following resolutions will proceed:

I.               The one that determines to impose sanctions by the commission of serious administrative Fhighs or Highs of private individuals, and

II.              The one that determines that there is no administrative responsibility on the part of the alleged offenders, whether they are Public or Private Servants.

Article 217. The instance that you know of the appeal must resolve within three working days if it admits the appeal, or it disposes of it for finding manifest and undoubted motive of improvenance.

If there are irregularities in the application of the appeal for failure to satisfy the requirements laid down in Article 215 of this Law, it shall be indicated to the applicant within a period not exceeding three working days, to subsme the omissions or correct the defects specified in the relative providence.

The Tribunal shall give notice to the parties that, within three working days, they shall express what is appropriate to their right; this term shall be settled with the elements in the file.

Article 218. The Court will proceed to the study of the concepts of appeal, taking into account its logical priority. In all cases, consideration will be given to the study of the concepts of appeal in the background above those of procedure and form, unless they reverse the order of the certainty of the innocence of the public servant or of the particular one, or both; or that in the If the appellant is the Investigator Authority, the violations of form have prevented knowing with certainty the responsibility of those involved.

In cases where violations of the substance of which may result from the dismissal of the administrative liability procedure, the innocence of the appellant, or the determination of guilt with respect to some behavior, preference will be given to the study of those still of trade.

Article 219. In the event of the revocation of the judgment or of the modification of the judgment, where the appellant is the public servant or the individual, the public entity in which the services is provided or has been provided shall be ordered back immediately. in the enjoyment of the rights that it would have been deprived by the execution of the contested sanctions, in the terms of the respective judgment, without prejudice to what other laws establish.

Except for the previous paragraph, the agents of the Public Ministry, official experts, and members of the police institutions; cases in which the Attorney General's Office, the Attorney General's Office, (a) justice of the federal institutions and police institutions of the Federation, of the federal or municipal entities, shall only be required to pay the compensation and other benefits to which they are entitled, without in any event the reinstatement to the service, in accordance with the terms set out in B, fraction XIII, of article 123 of the Constitution.

Section Fourth

From Review

Article 220. The final decisions issued by the Federal Administrative Court of Justice may be challenged by the Secretariat of the Civil Service, the internal control bodies of the federal public authorities or the High Audit Office of the Federation, by bringing the review appeal, by writing to the Court itself, within ten working days of the date on which the respective notification takes effect.

The processing of the review appeal will be subject to the provisions of the Law of Amparo, Regulatory of Articles 103 and 107 of the Political Constitution of the United Mexican States, for the substantial review under indirect protection, and contrary to the judgment given by the Collegiate Circuit Court, there will be no trial or appeal.

Article 221. The final judgments issued by the courts of the federal entities may be challenged by the Secretaries, the internal organs of the control or the competent local audit bodies, in the terms that the local laws.

Chapter IV

From Execution

First Section

Compliance and execution of penalties for non-severe administrative Fhighs

Article 222. The execution of the penalties for non-serious administrative Fhighs shall be carried out immediately, once they are imposed by the Secretaries or the internal control bodies, and as provided for in the respective resolution.

Article 223. Dealing with the Base Public Servers, the suspension and removal will be executed by the holder of the corresponding public Ente.

Section Second

Compliance and enforcement of penalties for serious and high administrative Fhighs of individuals

Article 224. The economic sanctions imposed by the Courts shall constitute tax credits in favour of the Federal, local or municipal public finances, or the assets of the public authorities, as appropriate. Such tax credits shall be made effective by the administrative procedure of execution, by the Tax Administration Service or the competent local authority, to which the decision issued by the respective Court shall be notified.

Article 225. When a judgment has been executed in which the full responsibility of a public servant is determined by serious administrative authorities, the Magistrate, without the need to mediate a request by a party and without any delay, shall make an official statement. by which it shall communicate the respective judgment as well as the resolutive points of the judgment for compliance, in accordance with the following rules:

I. When the public server has been suspended, removed, or disabled, its hierarchical superior will be given to the Secretariat, and

II. When an indemnity and/or financial penalty has been imposed on the person responsible, the Service of Tax administration or the competent local authorities in the federal entities.

In the respective trade, the Court will prevent the authorities from reporting, within the term of ten days, on the compliance they give to the judgment in the cases referred to in the Section I of this article. In the case of fraction II, the Tax Administration Service shall inform the Court once the compensation has been covered and the appropriate financial penalty.

Article 226. Where a judgment has been rendered enforceable by the Commission of the High Court of Private Individuals, the Court, without the need for a request for a party and without any delay, shall make its own motion for which it shall communicate the judgment in question. as well as the resolutive points of this for compliance, in accordance with the following rules:

I.               When the individual has been disabled to participate with any character in acquisitions, leases, services or public works, the Tribunal shall order its publication to the Director of the Official Journal of the Federation, as to the directors of the official journals of the federative entities, and

II.              Where an indemnity and/or financial penalty has been imposed on the person responsible, the Tax Administration Service or the competent local authorities in the federal entities shall be given a view.

Article 227. Where the individual is of a moral character, without prejudice to the provisions of the foregoing Article, the Court shall make its own motion by which it shall communicate the judgment in question and the points of order for its compliance, in accordance with the following rules:

I. When the suspension of activities of the respective society is decreed, the Secretariat of Economy will be given a view, and the Tax Administration Service, it will be registered in the Public Registry of Commerce and will be published an extract of the sentence that decrees this measure, in the Official Journal of the Federation and in one of the newspapers of greater circulation in the location where you have your private address, and

II. When the dissolution of the respective company is decreed, the persons responsible shall proceed in accordance with the Law General of Companies on the Dissolution and Settlement of Companies, or where appropriate, in accordance with the Substantive Codes in Federal Civil Matters or Federal Entities, as appropriate, and other provisions applicable.

Article 228. When a judgment has been made in which it is determined that there is no serious administrative or heavy failure of individuals, the Court, without any need for a request by a party and without any delay, shall have its own motion. communicate the respective judgment as well as the decision-making points of the judgment for compliance. In cases where he has decreed the suspension of the public servant in his employment, position or commission, he shall order the immediate return of the same.

Article 229. Failure to comply with the precautionary measures provided for in Article 123 of this Law by the immediate boss, the holder of the relevant public Ente or any other authority required to comply with that provision, shall be cause of administrative responsibility in the terms of the Law.

As long as the Magistrate who has known about the incident is not given final judgment, he may modify or revoke the decision that has decreed or denied the precautionary measures, when a supervenent event occurs that the justify.

THIRD ARTICLE. ..........

TRANSIENT

First. This Decree shall enter into force on the day following that of its publication in the Official Journal of the Federation, without prejudice to the following transitional provisions.

Second. Within the year following the entry into force of this Decree, the Congress of the Union and the Legislatures of the Federative Entities, in the field of their respective competences, shall issue the laws and make the appropriate corresponding rules in accordance with the provisions of this Decree.

Third. The General Law on Administrative Responsibilities shall enter into force the year following the entry into force of this Decree.

As long as the Law referred to in this Transitional Law enters into force, the legislation on Administrative Responsibilities will continue to apply, in the federal and federal agencies, which is in force on the date of entry into force of this Decree.

Compliance with the obligations laid down in the General Law on Administrative Responsibilities, once it enters into force, will be enforceable, as far as the Committee is concerned. Coordinator of the National Anti-Corruption System, in accordance with the law of the matter, issue the guidelines, criteria and other resolutions conducive to its competence.

The administrative procedures initiated by the federal and local authorities prior to the entry into force of the General Law on Administrative Responsibilities will be completed in accordance with the applicable provisions in force at their inception.

To the date of entry into force of the General Law of Administrative Responsibilities, all the references to the Federal Law of Administrative Responsibilities of the Public Servants provided for in the laws Federal and local as well as in any legal provision, shall be construed as referring to the General Law on Administrative Responsibilities.

Once the General Law of Administrative Responsibilities has been in force and until as long as the Coordinating Committee of the National Anti-Corruption System determines the formats for the presentation of the declarations assets and interests, the public servants of all government orders will present their statements in the formats that the entry into force of the said General Law, will be used in the federal field.

With the entry into force of the General Law on Administrative Responsibilities, the Federal Law on Administrative Responsibilities of Public Servants will be repealed, the Federal Anti-Corruption Law in Public Procurement, and the First, Third and Fourth Titles of the Federal Law on Public Servants ' Responsibilities will be repealed, as well as all those provisions that oppose the provisions of the General Liability Act. Administrative.

Fourth. The General Law of the National Anti-Corruption System shall enter into force on the day following the publication of this Decree, without prejudice to the provisions of the previous Third Transitional and the following paragraphs.

Within ninety days of the entry into force of this Decree, the Chamber of Senators shall appoint the members of the Selection Board.

The Selection Board will appoint the members of the Citizen Participation Committee, in the following terms:

a.       A member who will last in his office for a year, to whom the representation of the Citizen Participation Committee will be the responsibility of the Coordinating Committee.

b.       An integral member that will last for two years.

c.       An integral member that will last for three years.

d.       An integral member that will last for four years.

e.       An integral member that will last for five years.

The members of the Citizen Participation Committee referred to above will be rotated to the Coordinating Committee in the same order.

The installation session of the Coordinating Committee of the National Anti-Corruption System will be held within sixty calendar days after the entire Committee of the National Anti-Corruption System has been integrated. Citizen participation in the terms of the preceding paragraphs.

The Executive Secretariat must begin operations no later than 60 days after the installation session of the Coordinating Committee of the National Anti-Corruption System. To this end, the Federal Executive shall provide the human, financial and related resources in terms of the applicable provisions.

Fifth. The Organic Law of the Federal Administrative Court of Justice, shall enter into force on the day following the publication of this Decree, without prejudice to the provisions of the previous Third Transitional and the following paragraphs.

As of the entry into force of the Law referred to in the present transitional, the Organic Law of the Federal Court of Justice and Administrative Law, published in the Official Journal of the Federation on December six of the year two thousand seven.

The Rules of Procedure of the Court that are in force for the entry into force of the Law, will continue to apply in that which does not oppose it, until the General Assembly issues the new Rules of Procedure in accordance with the provisions of this order, which must be done within ninety days of the entry into force of the Law.

The public servants who were exercising administrative charges that disappear or become transformed in accordance with the provisions of this Law will continue to hold the same positions until the Board of Directors Government and Administration agree to create new administrative bodies and decide on designations through specific agreements.

The Magistrates of the Federal Court of Justice and Administrative Justice who, upon the entry into force of this Law, will be in office, will continue in them until the end of the period for which were appointed, according to the Law that is repealed. At the end of that period, the Magistrature shall be delivered, without prejudice to the fact that the Tribunal may propose, upon evaluation of its performance, to be eligible to be appointed as Magistrates in accordance with the provisions of this Law.

The trials initiated prior to the entry into force of the Organic Law of the Federal Administrative Court of Justice and those to be verified before the entry into force of the General Law of Administrative Responsibilities, they will continue to be processed until their final resolution in accordance with the applicable provisions in force at their inception.

In the cases of the appointments of the Magistrates that are part of the Third Section, and the Specialized Chambers in the matter of Administrative Responsibilities, the President of the Federal Executive will have to send his proposals to the Senate, at the latest in the ordinary session of the Congress of the immediate Union prior to the entry into force of the General Law on Administrative Responsibilities.

The Magistrates referred to in the preceding paragraph shall keep their membership of the Third Section and the Specialized Chambers in the field of Administrative Responsibilities, at least during the first five years of the exercise of his order. The foregoing, without prejudice to the fact that the Magistrates may remain in such adscriptions throughout their assignment, in accordance with the provisions of Article 16 of the Organic Law of the Federal Administrative Court of Justice.

As from the entry into force of the General Law on Administrative Responsibilities, the Court will have five Specialized Chambers in the field of Administrative Responsibilities, in accordance with the Under Article 37 of the Organic Law of the Federal Administrative Court of Justice and until at least, the plenary exercises the power to refer to the 11th section of Article 16 of the Organic Law of the Federal Court of Justice Administrative procedure issued pursuant to this Decree.

For the purposes of Article 52 of the Organic Law of the Federal Administrative Court of Justice, the President of the Federal Court of Justice and Administrative Justice may not be appointed as President of the Federal Court of Administrative Justice in the immediate period to which it concludes.

All references in the laws to the Federal Court of Justice and Administrative Justice shall be construed as referring to the Federal Administrative Court of Justice.

Mexico City, to July 6, 2016.-Sen. Roberto Gil Zuarth, President.-Dip. José de Jesús Zambrano Grijalva, President.-Sen. Hilda Esthela Flores Escalera, Secretary.-Dip. Juan Manuel Celis Aguirre, Secretary.-Rubicas."

In compliance with the provisions of Article 89 (I) of the Political Constitution of the United Mexican States, and for its due publication and observance, I request this Decree in the Residence of the Federal Executive Branch, in Mexico City, to eighteen of July of two thousand sixteen.- Enrique Peña Nieto.-Heading.-The Secretary of the Interior, Miguel Angel Osorio Chong.-Heading.