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Administrative Procedure Law - Updated Text Of The Rule

Original Language Title: LEY DE PROCEDIMIENTO ADMINISTRATIVO SU REGLAMENTACION - Texto actualizado de la norma

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image inicio sitio infoleg MInisterio de Justicia y Derechos Humanos
DECRECT N° 1759

Bs. As., 3/4/72

See Background

VISTO and CONSIDERING: the provisions of Act No. 19.549 and the proposal of the Minister of Justice of the Nation,

THE PRESIDENT OF THE ARGENTINA NATION

DECRETA

Article 1 - Approve the body of attached provisions, which constitutes the regulation of the National Administrative Procedures Act.

Art. 2nd . The approved regulation shall be governed by the one hundred and twenty days of its publication in the Official Gazette and shall apply to administrative procedures that are initiated on an informal basis or upon request from that date.

Article 3. The Ministry of Justice shall immediately convene the holders of the various legal services of the centralized and decentralized national civil service, including auto-archic entities, to propose, in commission, the current applicable special procedures that will continue to apply. Its findings will be elevated to the executive branch, together with the projected rules, thirty days before the expiry of the deadline provided for in article 2 of the law.

Article 4. Each of the holders of the above-mentioned legal services shall be gradually suggesting to the Executive Branch, through the Department of State or agency under which it depends, the measures referred to in article 2, subparagraph (a), of the Act. In his view, the incumbents of the military and defence and security legal services will do the same through the Commands in charge of their respective arms and agencies on which they depend, regarding the administrative procedures referred to in subparagraph (b) of the same article of the law.

Art. 5o Communicate, publish, give to the National Directorate of the Official Register and archvese. Ismael E. Bruno Quijano - Carlos G. N. Coda.

(Note Infoleg: By art. 3° Decree No. 894/2017 B.O. 2/11/2017, the ordained text of Decree No. 1759/72 is approved, which is entitled "Regulation of Administrative Procedures. Decree 1759/72 - T.O. 2017")

REGULATION OF ADMINISTRATIVE PROCEDURES.

DECRETO 1759/72 - T.O. 2017

PART I

ARTICLE 1. The administrative records shall be handled by electronic means and shall be resolved with the intervention of the body to which a law or a decree has assigned competence; in its absence shall the agency which determines the internal rules of procedure of the JEFATURA DE GABINETE DE MINISTROS, the Ministry or the governing body of the decentralized entity, as appropriate.

In the case of administrative files which, however, refer to UN (1) only matter or object to be intervened with decision-making powers DOS (2) or more organs, a single file shall be instructed, which shall be processed by electronic means by the agency by which it had entered, unless incompetent, a single resolution must be issued.

In these cases, and in order to optimize the management and resolution of the cases, the e-file processing modality can be used by means of a parallel treatment.

In cases that already exist DOS (2) electronic files, it may be used, as the case may be, any of the procedures for processing the electronic file by means of “Association” (“Association”) or “Joint Treatment”.

ARTICLE 2. Colleges of the superior. The Chief of Cabinet of Ministers, ministers, secretaries of the NATIONAL REPRESIDENCE and decision-making bodies of decentralized entities may direct or encourage the action of their lower hierarchicals through orders, instructions, circulars and internal regulations, in order to ensure the speed, economy, simplicity and effectiveness of the proceedings, delegate authority to them; and invoke the knowledge and decision of a less exclusive matter to the less than a matter.

All of this without prejudice to the eventual understanding of the case if the remedies that are relevant are filed.

For the same purpose, they will use the Electronic Document Management System and process matters through electronic records.

ARTICLE 3. Initiation of the procedure. Party interested. The administrative procedure may be initiated on its own motion or at the request of any human or legal person, public or private, who invokes a subjective right or a legitimate interest; they shall be considered an interested party to the administrative procedure. Those to whom the act may be pronounced may also affect their subjective rights or legitimate interests and who have been presented in the proceedings at the request of the original individual, spontaneously, or by subpoena of the intervening agency when the latter becomes aware of their existence during the proceedings.

Adult minors shall have full capacity to intervene directly in administrative procedures as a party interested in the defence of their own subjective rights or legitimate interests.

ARTICLE 4. Publicity and request of interested party. The procedure will be ex officio promoted in all its procedures and through electronic means respecting the principles of economy, simplicity and effectiveness. All administrative proceedings shall be ex officio driven by the competent body, which shall not preclude the person concerned to initiate the proceedings. This principle exempts those procedures in which only the private interest of the administered is measured, unless, despite that nature, the decision to be issued could somehow affect the general interest.

ARTICLE 5. Duties and powers of the competent body. The competent body shall conduct the procedure by seeking:

a. Process files with speed and effectiveness, making use of electronic means available in the Electronic Document Management System to know the state and to expedite the processing of matters.

b. Provide in a single resolution all the procedures that, by their nature, allow their simultaneous momentum and concentrate on the same act or hearing all relevant procedures and evidence measures;

c. Use the Electronic Document Management System for all administrative proceedings, including electronic records, electronic official communications, electronic forms and official documents, as the only means of creating, registering, signing and archiving all documents inherent in administrative management.

d. Point out the defects of the request, ordering that they be made ex officio or by the person concerned within the reasonable period of time fixed, thereby providing the necessary steps to avoid nullity.

e. To have at any time the personal appearance of the parties concerned, their legal or empowered representatives to require the explanations it deems necessary and even to reduce the discrepancies that might exist on matters of fact or law, opening themselves in record. In the summons, the object of the appearance shall be recorded specifically.

ARTICLE 6. Disciplinary schools. In order to maintain order and decode the proceedings, the body may:

(a) Test any injurious or worded phrase in offensive or indecent terms;

(b) Exclude those who disturb them from hearings;

(c) To draw attention to or to give notice to those responsible;

(d) Apply the fines authorized by article 1 (b), in fine, of the Administrative Procedures Act, as well as the other penalties, including pecuniary, provided for in other existing rules. The final fines shall be executed by the respective judicial representatives of the State, following the procedure of articles 604 and 605 of the Code of Civil and Commercial Procedure of the Nation;

(e) Separate those seized by inconduct or by manifestly hindering the proceedings, by intimating the person to intervene directly or by a new person who has been seized, with the intention of suspending the proceedings or continuing them without their intervention, as appropriate. Misdemeanours committed by management agents shall be governed by their special laws.

PART II

ARTICLE 7. From the files:

a. The administrative record refers to the orderly set of documents and proceedings that serve as a precedent and basis for the administrative act as well as the proceedings to execute it.

b. The files will have electronic format and will be formed by the orderly aggregation of documents, evidence, opinions, reports, agreements, notifications and other actions to be integrated.

c. The processing of the proceedings, communications, documents and files will be carried out through the Electronic Documentary Management System, which allows for the integral conduct of the caratulation, numbering, monitoring and recording of movements of all the proceedings and records of the National Public Sector. This system will act as a platform for the implementation of electronic records management.

d. Transitorimente, los expedientes caratulados antes de la implementación del Sistema de Gestión Documental Electrónica puedan seguir su tratamiento en support papel, pero las acciones que en ellos se lugar y agreguen debe Instrumentarse en forma electrónico, adjuntse su análisis al expediente.

e. If appropriate, the authorities may digitize the files on paper support and continue processing as electronic records.

f. All documents that form part of a file must be generated previously in electronic form, or, if they exist in paper or other format, they must be digitized according to the current regulations.

g. The identification with which a file is initiated will be preserved through successive proceedings, any agency involved in its proceedings. All units have an obligation to provide information on a file based on their initial identification.

h. Electronic records and electronic documents will be identified uniformly for the entire Administration through the Electronic Document Management System.

ARTICLE 8: Caratulation and compassion.

a. Caratulation. The caratulation of electronic files will be carried out in accordance with the Nomenclador of Transmits approved by the Ministry of Public Administration of MODERNIZATION.

b. Compagination. In those exceptional cases of caratulated files that deal in paper support, they will be reconciled in numbered bodies that do not exceed DOSCIENTAS (200) fojas, except in cases where such a limit compels to divide writings or documents that constitute a single text.

ARTICLE 9 Document link to the file.

a. Linking documents to the electronic record. Digitally signed electronic documents will be linked to the Electronic Record to which they belong.

b. Foliature. In those exceptional cases of paper-based records, all proceedings shall be folied by a correlative order of incorporation, even when they are integrated, with more than one (1) file body. Copies of notes, reports or provisions that are added together with their original, should not be folied upon to record their aggregation.

ARTICLE 10. Attached documents, Annexes and Linking of Records.

(a) Attached electronic documents. Electronic documents may be attached as embedded files in other electronic documents.

(b) Annexes. In those exceptional cases of paper-based records, when accompanied by backgrounds that cannot be incorporated, annexes will be made, which will be numbered and folied independently.

(c) Linking of Records. Records may be linked to each other according to the following modalities:

1) Electronic Records Association: allows to link one or more files only as a consultation.

2) Fusion of Electronic Records: allows grouping several files into one. The merged files lose their individuality.

3) Joint Processing of Electronic Records: allows the incorporation of a group of files without losing their individuality. Such files may be separated at any time, with the beginning and end of such joint processing being recorded.

(4) Files Attached in Paper Support: in those exceptional cases of files that deal in paper support, the files that are incorporated to others will not continue the foliatura of these, should be recorded only with the amount of fojas of the same.

(d) Breakdowns. The breakdowns may be requested orally and will be made on record of which the relevant order of the electronic record will be recorded and the authority provided.

(e) Processing in Electronic Records Parallel: allows the processing of a file simultaneously. The user who makes the multiple pass of the file retains control of it.

ARTICLE 11. Documents and electronic records on a reserved basis.

(a) Electronic documents reserved. The administrative authority may request the administrator of the electronic document management system to authorize documents of a reserved nature through an administrative act based on the regulations establishing its confidentiality.

(b) Reserved Electronic Records. The administrative authority may apply to the administrator of the electronic documentary management system for the granting of letters for reserved records, by administrative act based on the regulations establishing confidentiality of the procedure.

ARTICLE 12. Secret documents.

The administrative authority may request the administrator of the electronic document management system to authorize documents of a secret nature through an administrative act based on the regulations establishing such status.

ARTICLE 13. When a file or procedure has been initiated with broken sheets, these will be preceded by a note with the mention of the proceedings in which they come from, the amount of foils with which the new is started and the reasons for doing so.

ARTICLE 14. Offices and collaboration between administrative units. If data or reports of third parties or other administrative bodies are required to substantiate the proceedings, they must be requested directly by official electronic communications, with the indication of the electronic record card, or by ex officio of the record.

To this end, the units of the Administration, regardless of their hierarchical situation, are obliged to provide their ongoing and reciprocal collaboration and to be issued promptly.

When a file involves the primary responsibility of more than one unit in the same jurisdiction, the file must be processed simultaneously in such units through the parallel passage of the electronic record.

In exceptional cases of paper-based files, the proceedings will be digitized and processed by the Electronic Document Management System.

PART III

ARTICLE 15. Formalities of writings.

a. Individuals may submit writings at the agency's entrance table, in the Diplomatic Representations or Consular Offices of the ARGENTINA REPUBLIC abroad when it comes or electronically through the electronic platform of Distance Transmits (TAD), by itself, or through representatives or agents.

b. The writings will be written in the national language, will carry a sum or summary of the petitioner at the top. They will be subscribed by the interested parties, their legal representatives or taken over. In the heading of any writing, without any exception other than the one that initiates a management, the identification of the case file must be indicated, and if so, it shall contain the precise indication of the representation to be exercised.

c. In those exceptional cases of paper-based files, any testament or interlineated words should be saved, the telegraphic means may be used to respond to transfer or hearing and file resources. However, the parties concerned, or their agents, may make petitions by simple annotation in the file, with their signature, without having to comply with the precautions set out in the preceding paragraphs.

d. The documents presented in paper support to the Administration must be digitized in accordance with the regulations in force, by the Entry Tables for incorporation into the Electronic Record, returning the originals to the data subject, after finding their original or authenticated copy character, without prejudice to those assumptions in which the rule determines the administration's custody of the documents presented or the presentation of objects or documents in a specific digital support that is not subject to a specific digitalization. The digitization of the document carried out in accordance with the procedures set out in the current regulations and its linkage to the Electronic Document Management System imports its authentication by being the responsibility of the staff involved in the verification of the instrument.

e. Any electronic document signed digitally in the Electronic Document Management System will be original, and those reproduced in electronic support from first generation originals in any other support, digitized according to the procedure established by the applicable regulations will be considered original and will have identical efficiency and probative value than their equivalents in paper support.

ARTICLE 16. Any writing that promotes the initiation of management to the National Civil Service shall contain the following:

(a) Names, surname, indication of identity and actual and constituted residence of the person concerned;

(b) Relation of facts and if it deems relevant, the rule in which the person concerned found his or her right;

(c) The request in clear and precise terms;

(d) Offering all the evidence that the data subject is to be used, accompanying the documentation in his possession and, in his absence, his mention with the possible individualization, expressing what results from it and designating the archive, public office or place where the originals are located;

(e) Signature of the interested party or its legal or empowered representative.

ARTICLE 17. Signature of administrative proceedings; sign please.

a. Sign please. In the presentations made on paper support by the private parties, when a writing was signed, I beg for not being able or not knowing how to do so, the administrative authority will record it, as well as the name of the signatory and also that it was authorized in his presence or ratified the authorization before him, demanding the accreditation of the personal identity of those involved. If there is no one who can sign at the request of the person concerned, the official shall read and certify that he knows the text of the writing and has printed the digital print in his presence.

b. Signature of administrative proceedings. Generally speaking, in order to perform any action provided for in the administrative procedure, it will be sufficient for those concerned to previously credit their identity through any of the means of electronic authentication and identification provided for in this Regulation. Agencies will require the parties concerned to use the mandatory signature for acts where the right of the administrator is committed. The writings presented by the individuals will be signed digitally in the Platform of DISTANCIA DISTANCIA (TAD). Communications, documents, reports, opinions, and any other administrative action will be digitally signed in the Electronic Document Management System.

c. The interested parties may authenticate themselves to the electronic platform of LINKS TO DISTANCIA (TAD) through the fiscal key of the FEDERAL ADMINISTRATION OF PUBLIC INCOME (AFIP) or the Social Security Key of the NATIONAL ADMINISTRATION OF SOCIAL SECURITY (ANSES) or through the Central Electronic Authentication Platform.

ARTICLE 18. Ratification of the signature and the contents of the writing. In case of doubt about the authenticity of a firm, the administrative authority may call the interested party to ratify the signature or the contents of the writing in its presence and prior justification of its identity. If the said person refuses to sign or write, he refuses to answer or does not appear, he will have the written statement not presented.

ARTICLE 19. Constitution of special domicile.

a. Paper support presentations. Any person who appears to the administrative authority, on his or her own right or on behalf of third parties, shall constitute a special domicile within the urban seating radius of the agency in which the record is handled. If, by any circumstances, the processing of the file in jurisdiction other than that of the beginning, the person concerned shall constitute a new special home. It will be done in a clear and accurate manner indicating street and number, or floor, number or letter of the desk or department; it cannot be established in the public offices, but if in the real of the interested party, provided that the latter is located in the urban radius of the seat of the administrative authority.

b. Presentations via the electronic platform of Distance Transmissions (TAD). Any person who appears before an Administrative Authority through the Electronic Platform for DISTANCIA DISTANCIA (TAD), by his or her own right or on behalf of third parties, shall constitute an electronic special address in which communications and notifications shall be valid.

c. The user account of the electronic platform of Distance Transmissions (TAD) will be considered the special electronic address constituted for those procedures that are managed using that platform.

d. Electronic headquarters. The user account of the Electronic Platform of DISTANCIA DISTANCIA (TAD) is the electronic headquarters of the individual, where administrative actions will be notified electronically.

ARTICLE 20. Exceptionally, in the cases of presentations made in paper support, if not constituted domicile, do not do so in accordance with the provisions of the previous article, or if the person who is constituted does not exist or disappear the chosen place or building or the number indicated, the party concerned in his or her actual domicile shall be deemed to constitute a domicile in due form, subject to the intention of continuing the procedure without intervention of his or of an administrative act.

ARTICLE 21. Exceptionally, in the cases of paper-supported presentations, the constituted domicile will produce all its effects without the need for resolution and will be retained until another is designated.

ARTICLE 22. Real office. The actual domicile of the interested party should be denounced in the first presentation made by the person personally or by the attorney or legal representative, both through the Electronic Platform of DISTANCIA DISTANCIA (TAD) and in paper support. Otherwise, as well as in the case of not denouncing their change, and having been constituted a special domicile, the defect shall be submissive, subject to the notice of all the resolutions, even those to be made in the real.

ARTICLE 23. Failure to establish the special home and report the real home. Exceptionally, in the case of submissions made in paper support, if the appropriate opportunity does not constitute a special domicile or report the real one, it shall be assumed that the defect is subsidized in the terms and under the notice provided for in article 1 (e) of the Administrative Procedures Act.

ARTICLE 24. Multiple requests. It may be accumulated in one more written form of a request provided that related matters can be handled and resolved jointly. If, in the opinion of the administrative authority, there is no implicit or explicit connection alleged by the person concerned or the accumulation entails obstruction to the processing of the cases, it shall be placed in order to submit separate petitions on the notice of proceeding on an individual basis if they are separable, or in their absence to dispose of the expiry of the procedure in accordance with article 1 (e) of the Administrative Procedure.

ARTICLE 25. Submission of writings, date and charge.

a. Any initial or deduction of a resource may be submitted through the electronic platform of Distance Transmissions (TAD), at the entry or receiving table of the competent agency or may be issued by mail. The electronic system will record the date and time of presentation of the writings made by individuals on the electronic platform and the acts produced by the users of the system.

b. Subsequent writings may also be submitted or forwarded to the office where the file is located, or through the electronic platform of Distance Transmissions (TAD). The administrative authority shall record in each writing of the date on which it is presented, with the effect of the relevant position.

The writings received by mail shall be considered to be presented at the date of imposition in the post office, for which purpose the envelope shall be added without destroying its date stamp, or in which it appears in the same writing and that it emerges from the date stamp printed by the authorized postal agent to whom the written on open at the time of being dispatched by express or certificate.

At the request of the interested party, the postal agent must seal a copy for his record.

In the event of doubt, the date set out in the written document shall be deemed to have been completed.

When the telegraphic medium is used to answer transfers or views or to file appeals, it shall be deemed to be presented on the date of its imposition in the postal office.

The writing not presented within the administrative time of the day the deadline expires, can only be delivered validly, in the appropriate office, the immediate working day and within the DOS (2) first hours of the time of the service of that office.

c. The electronic records shall apply the deadlines set out in article 30 (b) of these Regulations, not being applicable to article 124 of the Code of Civil and Commercial Procedure of the Nation.

ARTICLE 26.- Responsibility for processing.

The preparation of mere reports, the response of official communications and any other documentation diligence, concerning the production of files, when no other term is established, shall be carried out within a maximum period of CINCO (5) administrative working days. This maximum period may be extended by the hierarchical superior of the primary responsible when the complexity of the matters to be dealt with warrants it.

The incumbents of the administrative units and the staff responsible for the resolution or the dispatch of matters shall be directly responsible for their handling and shall take appropriate measures to remove obstacles that impede, hinder or delay the full exercise of the rights of the concerned or respect their legitimate interests, providing for the avoidance and elimination of any abnormality in the processing of procedures.

The staff responsible for the handling of matters, as well as the holders of the competent administrative bodies to instruct and resolve, are directly responsible, in the field of their competence, for the fulfilment of the legal obligation to issue an express resolution in time. Failure to comply with such an obligation shall result in disciplinary liability, without prejudice to any such obligation in accordance with the applicable law.

ARTICLE 27. Documents accompanied.

a. The documents accompanying the writings and those whose aggregation is requested as evidence may be presented in their original, in testimonies issued by competent authority or in copy that will certify the prior administrative authority with the original, which will be returned to the data subject. The reservation of any document, book or proof to be submitted may be requested, in which case it shall be kept on record.

b. Through the electronic platform of DISTANCIA DISTANCIA (TAD) the individuals will be able to submit their writings and accompany previous digitization documents according to the current regulations. They will also be able to make presentations to add to the procedures that are part of and are in the process.

ARTICLE 28. Documents of strange legalized jurisdiction. Translation. Documents issued by foreign authority shall be duly legalized if required by the administrative authority. Those drafted in foreign languages should be accompanied by their corresponding translation made by registered translator.

ARTICLE 29. Signature of documents by professionals. The documents and plans that are presented, except the chrome shall be signed by professionals registered in national, provincial or municipal enrollment, indistinctly.

ARTICLE 30. Submission of records on initiation of proceedings and submission of writings or documents.

a. Any action to be initiated in Table of Entry or Receptory shall be recorded with the identification of the originating file. Those interested in delivering a document or writing may also orally request that a copy of them be certified. The administrative authority will do so, establishing that the interested party has made a document or written in the office, as the original of the subscribed copy.

b. Presentations using the electronic platform LINKS TO DISTANCIA (TAD). The TAD electronic platform will facilitate processing to individuals. For each procedure you must enter the required mandatory information or documentation, after which the system will give you a file number.

The documentation load can be performed during the VEINTICUATRO (24) hours of every day of the year. The computation of deadlines will be made from the first business day following that of the documentation charge correctly carried out by the individual on the electronic platform in your user account.

The documentation charge carried out on an unholy day will be understood on the first working day following.

PART IV

ARTICLE 31. Action for power and legal representation.

a. A person who is present in administrative proceedings for a right or interest that is not his or her own, even if he or she is pleased to exercise it under legal representation, shall accompany the documents that prove the quality invoking. The representation may be credited by any valid means in Law that leaves a reliable record of its existence. Parents who appear on behalf of their children and the spouse who does so on behalf of the other spouse shall not be obliged to submit the corresponding items, unless they were properly required.

b. Electronic Platform for Distance Transmissions (TAD). Individuals may act by themselves or by legal representatives or agents. To that end, persons authorized to act on behalf of the AFIP or ANSES may do so on such an electronic TAD platform, provided they have a Fiscal Key or a Social Security Key. The documents that credit the personry or the representation, will be attached as an affidavit, to the folder of the particular in the ELECTRONIC PLATFORM (TAD). The particular may enable your consultation for other procedures or other users.

The elder will have the power to initiate a process, every time he does, the Electronic Record will be linked to a record of seizure that gives an account of the participation of the possessor.

The intervention in a TAD procedure by a proxy will imply acceptance of the possession by the holder TAD user. The defendant shall be responsible for his management in the proceedings that are in accordance with the rules of common law.

Power can be revoked at any time by the power or by the resignation of the possessor. The revocation of power must be carried out before the same entity where the discharge was managed, either AFIP, ANSES or that incorporated into the PAEC central electronic authentication platform.

The lack or insufficient accreditation of the representation shall not prevent the act in question from being carried out, provided that it is provided or the defect is subsidized within the time limit of TEN (10) days that the administrative organ must give to effect, or of a higher time when the circumstances of the case so require.

ARTICLE 32. How to credit the personry. Representatives or agents will credit their personage from the first management they make on behalf of their constituents.

a. In those exceptional cases of files that deal with paper support, representatives or agents shall credit their personry by means of the corresponding public instrument, or with a copy of the same subscribed by the lawyer, or with a letter of authority authenticated by police or judicial authority, or by public scribe. In the event of being added to another file that deals with the same distribution, the relevant certification shall be sufficient. When a general or special power is invoked for various acts or a contract of civil or commercial society granted in public instrument or inscribed in the General INSPECTION OF JUSTICE, it will be credited with the aggregation of a full copy signed by the sponsoring counsel or by the owner. The presentation of the original testimony may be made at the request of the interested party. When it comes to irregular societies or in fact, the presentation should be signed by all the partners on an individual name, indicating which of them will continue to be linked to its procedure.

b. In cases of formalities performed via TAD it will not be necessary to accompany the documentation that credits the personry or the representation, if the same is found in some agency of the administration. In this case, representatives or agents may choose to accompany the instrument or report the administrative record and the distribution in which the corresponding documentation is found. Exceptionally, the administrative authority may request the addition of such documentation.

ARTICLE 33. The mandate may also be granted by a record to the administrative authority, which shall contain a simple relation of the identity and domicile of the appearance, designation of the person of the president, mention of the power to receive sums of money or other special entrusted to him.

ARTICLE 34. Cesation of representation. The representation in the proceedings shall cease:

(a) Revoking power. The intervention of the person concerned in the proceedings shall not matter with revocation if it is not expressly declared by taking it.

(b) By waiver, after the end of the site to the power or the appearance of the site in the file.

(c) Death or inability of the president.

In the cases provided for by the previous three (3) paragraphs, the person shall be placed to appear by himself or by a new person, subject to the expectation of continuing the proceedings without his or her intervention or having the file expired, as appropriate.

(d) Death or incapacity of the power.

These facts suspend the proceedings until the heirs or legal representatives of the offender are brought to the record, unless it is a matter of formalities to be ex officio. In the meantime, the person may only make the petitions for mere procedure that are indispensable and do not admit delays in order to avoid prejudice to the rights of the offender.

ARTICLE 35. Representation. From the moment the power is presented to the administrative authority and the person is admitted, the representative assumes all the responsibilities that the laws impose upon him and his acts oblige the commandant as if he has personally practiced them. It is obliged to continue the management until it has ceased legally in its mandate - with the limitation provided for in subparagraph (d) of the previous article - and with it the locations, summons and notifications shall be understood, including those of the definitive acts, except a decision or express rule available to the same power or intended for personal appearance.

ARTICLE 36. Unification of the personry. When a number of persons present themselves in the formulation of a petition that does not arise from the found interests, the administrative authority may require the unification of the representation, giving for this a period of CINCO (5) days, under the expectation of designating a common seizure among the petitioners. The unification of representation may also be requested by the parties in any state of the proceedings. The common representative shall mean the locations, summons and notifications, including the final resolution, except a decision or express rule available to the parties concerned or to the parties concerned for their personal appearance.

ARTICLE 37. Revocation of unified personry. Once the appointment of the common president has been made, it may be revoked by a unanimous agreement of the interested parties or by the Administration at the request of one of them, if there is reason to justify it.

Article 38.- View. The interested party, its co-sponsoring attorney or attorney, may take into account the file during all its proceedings, with the exception of proceedings, proceedings, reports or opinions which, at the request of the competent body and upon the advice of the corresponding legal service, shall be declared reserved or secrets by a substantiated decision of the respective Assistant Secretary of the Ministry or the holder of the decentralized entity concerned.

a. View of Files on paper support. In those exceptional cases of paper-based records, the request for a hearing may be made verbally and shall, without the need for express resolution, be given in the office where the file is located, even if it is not the Table of Entry or Receptory.

If the petitioner requests the setting of a time limit for the hearing, the hearing shall be provided in writing in accordance with the provisions of article 1 (e) of the Administrative Procedures Act. No. 19.549.

The day of view is considered to cover, without limits, the working hours of the office in which the file is located.

Photocopies of the pieces you request will be provided at the request of the interested party.

b. Electronic record view. The application and granting of hearing of electronic records is in accordance with the following procedures:

1. The non-derogable consultation of the proceedings by electronic means on the TAD platform is automatic and will not require express request from the interested party. The user or the owner may access the contents of the files he has initiated through the TAD platform. The user may consult the last modification date, the status of the file and its current location; he or she will also have access to the documents that have been linked. If the procedure is in progress, through the document Constancia de Toma de Vista, there is a record of the consultation within the electronic record, without suspension of time.

2. The granting of a hearing with suspension of time of the proceedings by electronic means will require express request from the person concerned or in writing.

3. The view can be given by copying the electronic file in a computer support provided by the interested party or the agency.

4. At the request of the interested party and in his/her charge, copies will be provided in paper support of the electronic documents requested.

PART V

ARTICLE 39. Notifications. Acts to be notified. The interested party should be notified:

(a) Individual administrative acts that are of a definitive nature and which, without being, are subject to the continuation of the proceedings;
(b) Those who resolve an incident or to some extent affect subjective rights or legitimate interests;

(c) those deciding sites, citations, views;

(d) Those who are delivered on the basis of or on the occasion of the trial and those who are ex officio subject to the aggregation of proceedings;

(e) All others that authority so provides, taking into account their nature and importance.

ARTICLE 40. Diligence. Without prejudice to the provisions of article 47, in fine, notifications shall be processed within the CINCO (5) days from the day following the date of the act being notified and shall indicate the remedies that may be filed against the act and the time limit within which they must be articulated, or where appropriate if the act exhausts the administrative bodies.

The omission or error in which such an indication could be made shall not harm the person concerned or allow him to decay his right. Notwithstanding the lack of indication of resources, the perennial period of SESENTA (60) days to deduct the administrative remedy that is admissible will begin from the day after the notification. If the indication is omitted that the administrative act has exhausted administrative bodies, the time limit for deducting the claim set out in article 25 of the Administrative Procedures Act No. 19,549 shall begin to exceed the time limit indicated above.

In the special procedures providing direct judicial remedies, if the respective notification instrument fails to indicate them, from the day after the notification, the SESENTA (60) judicial working days will begin to deduce the remedy provided for in the special rule.

If the notifications were invalid, the provisions of article 44, paragraph 2, shall apply.

ARTICLE 41. Form of notifications. Notifications may be made by any means that gives certainty of the date of receipt of the instrument in which the notification was received and, where appropriate, the contents of the closed envelope if used.

Notifications may be made:

a. By direct access of the party concerned, its attorney or legal representative to the file, with express and prior justification of the identity of the notified party; full copy of the act shall be certified, if requested;

b. For the spontaneous presentation of the party concerned, its attorney or legal representative, from which they may be informed of their respective acts;

c. By cédula, which shall be conducted in a manner similar to that provided by articles 140 and 141 of the Code of Civil and Commercial Procedure of the Nation;

d. By telegram with delivery notice;

e. By trade imposed as an express certificate with notice of receipt; in this case the trade and the annexed documents shall be displayed in open envelope to the authorized postal agent, before the office, who shall seal them together with the copies to be added to the file;

f. By letter document;

g. By means indicating the postal authority, through its permissionaries, in accordance with the regulations it issues;

h. Through the electronic remote processing platform (TAD), which will be carried out in the user account that is the electronic headquarters in which the particular has constituted its special electronic address. The official notification will be given as perfected when the content of the same is available in the target user account. To that end, the user will be considered notified on the first business day following the date of entry of the notification to his or her account, at which time the deadlines begin to run.

ARTICLE 42. Publishing edicts. The location, summoning and notifications to persons who are uncertain or whose domicile is ignored will be made by edicts published in the Official Gazette for three (3) days in a row and will be made to the CINCO (5) days, computed from the next to the last publication, and should be recorded in the file.

It can also be done by radio broadcasting through state channels and radios on business days. Each issue shall indicate the last day of the relevant notice for the purposes indicated in the last part of the preceding paragraph.

ARTICLE 43. Content of notifications. The notifications shall fully transcribe the basis and operative part of the act being notified, except when the edicts or the broadcasting in which only the operative part of the act shall be transcribed.

In the papers and trades, the transcription can be replaced by adding a full and authenticated copy of the resolution and being recorded in the body of the card or trade.

ARTICLE 44. Any notification that contravenes the preceding rules shall be invalid.

However, if the case file proves that the party concerned received the notification instrument, from the next day the perennial period of SESENTA (60) days will begin to deduce the administrative remedy that is admissible or for the computation of the period provided for in article 25 of the Administrative Procedures Act to deduce the relevant claim according to the case. This period shall not be added to article 40, third paragraph. This rule shall apply to special procedures.

ARTICLE 45. When the act is validly not documented in writing, the verbal notification shall be admitted.

PART VI

ARTICLE 46. Test. The administration of office or at the request of a party may provide proof of the facts invoked and which are conducive to the decision, setting the time limit for its production and expansion, if applicable. All means of proof shall be admitted, except those manifestly inappropriate, superfluous or merely dilatory.

The acts of instruction necessary for the determination, knowledge and verification of the facts under which the resolution is to be pronounced shall be carried out by the organ which processes the procedure, without prejudice to the right of the persons concerned to propose those actions that require its intervention or constitute legal or regulatory procedures.

Applications and information systems used for the instruction of procedures should ensure time and time control, identification of responsible bodies and orderly processing of files, as well as facilitate the simplification and publicity of procedures.

ARTICLE 47. Notification of the providence of proof. The order ordering the production of evidence shall be notified to the parties concerned indicating which evidence is admitted and the date of the hearings that have been set.

The notification shall be expedited in advance of CINCO (5) days, at least at the date of the hearing.

ARTICLE 48. Reports and opinions. Without prejudice to reports and Views, which are required by express rules that establish this, may be obtained, through a well-founded resolution, as many others are deemed necessary to establish the objective legal truth. The processing of reports and Views shall be subject to article 14.

The maximum time to evacuate the technical reports and opinions will be for VEINTE (20) days, which can be extended, if there are reasonable grounds and at the request of those who must produce them, for the reasonable time that is necessary.

Non-technical administrative reports should be evacuated within the maximum period of TEN (10) days. If the third parties answer the reports that have been required to them within the specified time limit or the agreed extension or refuse to respond, they shall be exempt from this evidence.

The deadlines set out in the preceding paragraphs will only be taken into account if the administrative record was open to trial.

ARTICLE 49. Witnesses. Witnesses shall be examined at the headquarters of the competent agency by the designated agent.

ARTICLE 50. Day and time will be set for the hearing of witnesses and a supplement for the event that they do not attend the first; both hearings will be reported jointly by the authority, but the proponent will be responsible for ensuring the assistance of witnesses. The incomparency of these to both hearings will cause the proponent to lose the testimony in question, but the absence of the interested party will not prejudice the interrogation of the witnesses present.

ARTICLE 51. If the witness does not reside in the seat of the competent body and the interested party will not take the appearance of the witness, he may be interrogated in a public office located at the place of residence proposed by the agent to whom the task is delegated.

ARTICLE 52. Witnesses shall be freely questioned about the facts by the authority, without prejudice to the interrogations of the parties concerned, which may be submitted until the very moment of the hearing.

It will be broken in the record that contains the questions and their answers.

ARTICLE 53. The rules referred to in articles 419, part one, 426, 427, 428, 429, 436, part one, 440, 441, 443, 444, 445, 448, 450, 451, 452, 457, 458 and 491 of the National Civil and Commercial Procedure Code shall be applied in supplementary application.

ARTICLE 54. Guys. The administrators may propose the designation of experts at their cost.

The administration will refrain from appointing experts on its part, having to limit itself to collecting reports from its agents and technical and third-party offices, unless it is necessary to designate them for the proper substance of the procedure.

ARTICLE 55. In the act of requesting the appointment of an expert, the proponent will specify the questionnaire on which it should be issued.

ARTICLE 56. Within the period of CINCO (5) days of notifying the appointment, the expert will accept the position in the file or its proponent will add an authenticated record by the public official or competent authority of the acceptance thereof. Once the time limit has expired and has not been offered as a substitute, the right to this test will be lost; it will also be lost if a replacement has been offered and appointed, the designation will not be accepted or the proponent will not add the aforementioned record within the established time frame.

ARTICLE 57. It will be up to the proponent to urge the diligence and to advance the reasonable expenses required by the expert according to the nature of the expertise; the lack of submission of the report in time will matter the withdrawal of this test. The rules contained in articles 459, 464, 466, 471, 472, 474, 476 and 477 of the Code of Civil and Commercial Procedure of the Nation shall be supplemented.

ARTICLE 58. Documentary. Documentary evidence will be provided by arts. 16, 27-30, 109 and 110 of this regulation.

ARTICLE 59. Confession. Without prejudice to the provisions of the rules relating to the corrective or disciplinary power of the Administration, the interested party or public officials shall not be summoned to give confession, but the latter may be offered by the administration as witnesses, informants or experts. Voluntary confession shall, however, have the scope of articles 423, 424 and 425 of the National Civil and Commercial Procedure Code.

ARTICLE 60. Delegates. Substances of the proceedings, the interested party shall be given an ex officio hearing and for TEN (10) days so that, if it deems appropriate, it may submit a written statement about the act, and in its case, it may also submit on the evidence that has occurred.

In these exceptional cases, in the case of the archives before the date of implementation of the Electronic Records (EE) module of the Electronic Documentary Management System (GDE) in each agency that continue to process on paper support, the party concerned, its sponsorship or sponsoring counsel may withdraw the proceedings under responsibility and be recorded in the corresponding office.

The competent body may order the production of new evidence:

(a) On its own initiative, to better provide;

(b) At the request of the interested party, if a new fact occurs or becomes known. This measure shall be notified to the party concerned and with the result of the evidence that occurs, another hearing shall be given by CINCO (5) days for the same purposes as previously indicated.

If the writings are not presented - in one case or another - or the file is not returned in term, if it has been withdrawn, the right will be decayed.

ARTICLE 61.- Resolution. Immediately and without further formality, if the legal advice is in accordance with article 7 (d), in fine of the Administrative Procedures Act No. 19,549, shall issue the administrative act that resolves the proceedings.

ARTICLE 62. Appreciation of the test. The assessment of the evidence shall apply the provisions of article 386 of the Code of Civil and Commercial Procedure of the Nation.

ARTICLE 63. The conclusion of the proceedings. The administrative procedures are concluded by express or tacit resolution, by expiry or by withdrawal of the procedure or the law.

ARTICLE 64. Resolution and expiration. The express resolution shall be in accordance with the provisions of article 1 (f), paragraphs 3, 7 and 8 of the Administrative Procedures Act No. 19,549; and rule 82 of the present Rules.

ARTICLE 65 - The tacit resolution and the expiry of the proceedings shall result from the circumstances referred to in articles 10 and 1 (e), subparagraph 9 of the Administrative Procedures Act No. 19.549 respectively.

ARTICLE 66. Disruption. Any withdrawal shall be made by the party concerned, its legal representative or abetted.

ARTICLE 67. The discontinuation of the procedure will matter the closure of the proceedings in the state in which they are found, but it will not prevent further consideration of the same claim, without prejudice to what is appropriate in the matter of expiry or limitation. If the withdrawal refers to the proceedings of a remedy, the contested act shall be held firm.

ARTICLE 68. The withdrawal of the right to a claim would prevent the promotion of another for the same object and cause.

ARTICLE 69. If a number of the parties concerned were concerned, the withdrawal of only one or some of them to the procedure or to the law would not affect the remaining parties, for whom the corresponding procedure would continue to take place on a regular basis.

ARTICLE 70. If the question raised could somehow affect the administrative or general interest, the discontinuation of the procedure or the law would not imply the closure of the proceedings, which would thus be declared by a well-founded resolution, continuing the proceedings until the relevant decision was taken. This may benefit even those who have desisted.

PART VIII

ARTICLE 71. Complaints for defects in processing and non-compliance with deadlines other than resource processing. A complaint may be lodged with the immediate hierarchical superior against defects in the processing and non-compliance with the legal or regulatory time frames in which the procedure is incurred and provided that such time limits do not relate to those set for the determination of remedies.

The complaint will be resolved within CINCO (5) days, with no other substance than the circumstantial report that will be required if necessary. In no case shall the processing of the procedure in which it has occurred be suspended and the resolution shall be irrecurrible.

ARTICLE 72. The unwarranted failure to comply with the procedures and deadlines provided for by the Administrative Procedures Act No. 19.549 and by these regulations creates liability for the direct charge of the proceedings or the proceedings and for the hierarchical superiors obliged to their direction, control or compliance; in which case and where the complaint of the previous article is deemed to be unresolved, the corresponding hierarchical superior shall initiate the proceedings to apply the responsible for the application.

ARTICLE 73. Resources against acts of individual scope and against acts of general scope. Individual administrative acts, as well as those of general scope, to which the authority has given or begun to implement, may be challenged by means of administrative remedies in cases and with the scope provided for in this title, without prejudice to the provisions of article 24 (a) of the Administrative Procedures Act No. 19.549, being the act that resolves such an irrecurrible claim. Resources may be based on reasons related to legitimacy, as well as the opportunity, merit or convenience of the contested act or the public interest.

ARTICLE 74. Administrative remedies may be deducted by those who claim a subjective right or a legitimate interest.

Administrative agencies subordinated by hierarchical relationship may not resort to the acts of the superior, administrative agents may do so in defence of their own right. Autarchic entities may not resort to administrative acts of the same character or of the central administration, without prejudice to seeking a pronouncement of the ministry in which they act or of the national executive branch, as appropriate.

ARTICLE 75. Competent body. They will be competent to resolve administrative remedies against acts of individual scope, the agencies that are indicated when regulating in particular each of those. If such acts are carried out in compliance with other acts of general scope, the body that issued the general rule shall be competent without prejudice to the submission of the remedy to the enforcement authority, which shall be referred to in the term of CINCO (5) days.

ARTICLE 76. Suspension of time to appeal. If, for the purpose of articulating an administrative remedy, the party concerned is required to take account of the proceedings, the time limit for appeal shall be suspended for the time granted to it, on the basis of the provisions of article 1 (e), paragraphs 4 and 5 of the Administrative Procedures Act No. 19.549. The mere presentation of an order of hearing, suspends the course of the time limit, without prejudice to the suspension that causes the granting of the hearing.

In the same way as stipulated in the preceding paragraph, the deadlines set out in article 25 of the Law on Administrative Procedures shall be suspended.

ARTICLE 77. Formalities. The presentation of administrative resources should be in line with the formalities and remedies provided for in articles 15 and below, as appropriate, and specifically indicating the conduct or act that the applicant considers to be legitimate for his or her rights or interests. Substantiation of resources deducted in term may be expanded at any time prior to the resolution. Inverted some formal deficiency, the applicant will be intimated to subsanate it within the perennial term that is fixed, under the expectation of dismissing the resource.

ARTICLE 78. Test opening. The intervening agency, on its own motion or at the request of the interested party, may provide proof when it considers that the elements gathered in the proceedings are not sufficient to resolve the remedy.

ARTICLE 79. Produced the test will be seen by CINCO (5) days to the interested party, for the same purposes and under the forms of Article 60. If no claim is made, the right will be decayed.

Moreover, the provisions of articles 46 to 62 shall be applied as soon as they are compatible.

ARTICLE 80. Preparatory measures, reports and irrecurrible opinions. The preparatory measures for administrative decisions, including reports and Views, even if they are of compulsory requirement and binding effect for the Administration, are not recurrent.

ARTICLE 81. Dispatch and decision of resources. The appeals must be provided and resolved regardless of the name given to them, when the challenge of the administrative act is undoubted.

ARTICLE 82. In resolving a remedy the competent body may limit itself to dismissing it, or ratifying or confirming the act of particular scope contested, if that is in accordance with article 19 of the Law on Administrative Procedures No. 19.549; or accept it, revoking, modifying or replacing the act, without prejudice to the rights of third parties.

ARTICLE 83. Derogation from acts of general scope. Administrative acts of general scope may be repealed, in whole or in part, and replaced by others, on their own motion or at the request of a party, and even by recourse where appropriate. All of this without prejudice to the rights acquired under the previous rules and with compensation for the damages effectively suffered by those administered.

ARTICLE 84. Rethinking. A remedy of reconsideration may be lodged against any final administrative act or that totally prevents the processing of the claim or claim of the administered and against the interlocutors or mere procedure that injure a subjective right or a legitimate interest. It shall be interposed within the TEN (10) days of notifying the act before the same body that dictated it, which shall be competent to resolve what is appropriate under article 82.

ARTICLE 85. If the act has been rendered by delegation, the remedy of reconsideration shall be resolved by the delegate body without prejudice to the right of appeal of the delegate. If the delegation ceased at the time of the appeal, it would be decided by the delegate.

ARTICLE 86. The competent body will resolve the remedy of reconsideration within the TREINTA (30) days, computed since its filing, or, in its case, of the submission of the allegation .o of the expiry of the period to do so. if the evidence has been received.

ARTICLE 87. If the remedy of reconsideration is not resolved within the specified time limit, the person concerned may reput it tacitly denied without requiring prompt dispatch.

ARTICLE 88. The remedy of reconsideration against definitive or assimilable acts, carries the hierarchical remedy in subsidy. When the reconsideration has been expressly or tacitly rejected, the proceedings shall be elevated within the term of CINCO (5) days of ex officio or at the request of a party as it has relapsed or not express denying resolution. Within the CINCO (5) days received by the superior may the person concerned improve or extend the basis of the resource.

ARTICLE 89. Hierarchical remedy. The hierarchical remedy shall proceed against any final administrative act or which totally prevents the processing of the claim or claim of the administered. It will not be necessary to have previously deducted an appeal for consideration; if it has been done, it will not be necessary to re-establish the hierarchical, without prejudice to the last part of the previous article.

ARTICLE 90. The hierarchical remedy shall be brought before the authority that issued the contested act within the QUINCE (15) days of notification and shall be lifted within the term of CINCO (5) days and ex officio to the JEFE DE GABINETE DE MINISTROS, the Ministry or Secretariat of the NATION PRESIDENCE in whose jurisdiction the organ issuing the act acts.

The JEFE DE GABINETE DE MINISTROS, the Ministers and Secretaries of the NATIONAL PRESIDENCE will definitively resolve the appeal; when the contested act emanates from the JEFE DE GABINETE DE MINISTROS, from a minister or from a secretary of the NATIONAL PRESIDENCE, the remedy will be resolved by the NATIONAL EXECUTIVE PODER, being exhausted in both cases.

ARTICLE 91. The time limit for resolving the hierarchical remedy shall be TREINTA (30) days, from the receipt of the proceedings by the competent authority, or in its case of the submission of the allegation delo expiracimiento del tiempo para hacerlo. if evidence has been received. It will not be necessary to request dispatch soon for the denial of silence.

ARTICLE 92. Any person who is the competent authority to resolve the hierarchical remedy shall, in its entirety, be processed and carried out at the headquarters of the Chief of Staff of Ministers, of the Ministry or of the Secretariat of the NATIONAL PRESIDENCE in whose jurisdiction the organ issuing the act shall act; in such cases the relevant estimated evidence shall be received and the opinion of the permanent legal service shall be compulsorily sought.

If the appeal has been filed against the decision of the Chief of Staff of Ministers, Minister or Secretary of the NATIONAL PRESIDENCE; where it is appropriate to establish uniform administrative jurisprudence, when the nature of the committed economic interest requires its attention, or when the National Executive deems it appropriate to resolve the appeal, the intervention of the PROCURATION OF THE NATION THIRD shall be required.

ARTICLE 93. Unless otherwise expressed, the resources deduced in the field of the auto-archic entities shall be governed by the general rules established by this regulation.

ARTICLE 94. Highway appeal. Against the final administrative acts or which totally prevent the processing of the claim or claim of the applicant - emandated by the superior body of an autonomous entity, including the national universities - shall, on the option of the person concerned, proceed with the administrative remedy of the lift or the relevant judicial action.

ARTICLE 95. The election of the court shall cause the administrative loss; but the filing of the appeal shall not prevent the dismissal in any state in order to promote the judicial action, nor shall it prejudice the decision of the court once the administrative appeal has been resolved.

ARTICLE 96. The JEFE DE GABINETE DE MINISTROS, the Minister or the Secretary of the PRESIDENCE OF THE NATION in whose jurisdiction the auto-archic entity acts, will be competent to finalize the appeal.

ARTICLE 97. The appeal may be deduced on the basis of the basis provided for in article 73, in fine. If the decentralized entity is autonomously those created by the Congress in the exercise of its constitutional powers, the appeal of lifting will only be appropriate for reasons linked to the legitimacy of the act, unless the law authorizes comprehensive control. If the appeal is accepted, the resolution shall limit itself to revoking the contested act, but may modify it or replace it on an exceptional basis if substantial grounds of public interest justify it.

ARTICLE 98. The rules contained in articles 90, part one, 91 and 92 shall be applied in supplement.

ARTICLE 99. Acts of a jurisdictional nature; limited grief by the superior. In the case of acts produced in the exercise of a jurisdictional activity, against which resources or actions are foreseen in the face of justice or in the presence of special administrative bodies with jurisdictional powers, the duty of the superior to control the juridicality of such acts shall be limited to cases of manifest arbitrariness, grave error or gross violation of law. However, it must refrain from intervening and, if any, resolving, when the administered person has consented to the act or promoted de by deduction of those resources or actions justicia the intervention of the justice or of the special administrative bodies, except for reasons of notorious public interest to justify the rapid re-establishment of the Juridicity.

In the event of administrative appeals against such acts, it shall be understood that their submission suspends the course of the deadlines set out in article 25 of the Administrative Procedures Act.

ARTICLE 100. The final or forceful decisions of such that the NATIONAL EXECUTIVE POWER, the JEFE OF MINISTERS GABINETE, the Ministers or Secretaries of the NATIONAL PRESIDENCE dictate administrative remedies and exhaust the instances of such remedies shall be subject only to the reconsideration provided for in article 84 of this regulation and the revision provided for in article 22 of the Administrative Procedures Act. The submission of these remedies suspends the course of the deadlines set out in article 25 of the Administrative Procedures Act.

ARTICLE 101. Rectification of material errors. At any time, material or de facto errors and arithmetic errors may be rectified, provided that the amendment does not alter the substance of the act or decision. The electronic records will be made through the correcting of material errors in the Electronic Documentary Management system, after linking the administrative act authorizing it.

ARTICLE 102. Within the CINCO (5) days computed since the notification of the final act, clarification may be sought when there is a contradiction in its operative part, or between its motivation and the operative part, or to submit any omission on any or some of the requests or questions raised. The clarification must be resolved within the time limit of CINCO (5) days.

PART IX

ARTICLE 103. Administrative acts of general scope shall have effect from their official publication and from the day they are determined; if they do not designate time, they shall have effect after the OCHO (8) days, computed from the next to that of their official publication.

ARTICLE 104. Except as provided in the previous article, the regulations relating to the organizational structure of the Administration and internal orders, instructions or circulars, which shall enter into force without the need for such publication.

PART X

ARTICLE 105. Reconstruction of files.

Checking the loss or loss of a paper-supported file, you will rebuild according to the following procedures:

a. Checking the loss or loss of a paper-supported file, it will be ordered within the DOS (2) days of its reconstruction, incorporating the copies of the writings and documentation provided by the data subject, of the reports and opinions produced, with the registration of the documents. If a resolution has been rendered, an authenticated copy of the resolution will be added, following the proceedings according to its status.

b. The reconstruction of original files on paper support should be made in electronic support in accordance with the current regulations on the digitization of administrative documents.

c. Recovered paper holder. If the original paper file was found, whether it had completed its reconstruction or had not yet been completed, the procedure would continue to be electronically supported and should be recorded in the case of the reopening of the paper file and that it contains all the documents containing the missing paper file. In both cases, the paper file must be forwarded for its archive - according to the rules in force in the matter - and the number of electronic records that occurred.

PART XI

ARTICLE 106. Supplementary procedural rules. The Civil and Commercial Proceedings Code of the Nation shall be additionally applicable in order to resolve matters not expressly provided for and, as long as it is not incompatible with the regime established by the Administrative Procedures Act and by these Regulations.

ARTICLE 107. Removing loads to the administered. In cases where the submission of any information, data, document or certificate that should be issued by another entity or jurisdiction of the National Public Sector is necessary for the purpose of carrying out an administrative procedure, the entity responsible for the proceedings shall directly request the agency responsible for its production and certification.

The request for the data, information, documentation or certificate shall express the reason, the procedure in which it is framed, and the rule justifying its submission.

ARTICLE 108. Submission of data and documents. Interests that interact with the Administration should provide the data and documents required in accordance with the provisions of the applicable regulations to the administrative procedure. They may also provide any other document they deem appropriate. The Administration shall not require the delivery of original documents to the interested parties, unless, on an exceptional basis, the applicable regulatory regulations establish otherwise.

ARTICLE 109. Jury statement.

For the purposes of these Regulations, it shall be understood by the Jury Declaration:

(a) The document signed by an interested party in which the latter manifests, under his or her responsibility, that meets the requirements set out in the current regulations to obtain the recognition of a right or authority for his or her exercise, which has the documentation that so credits it, which shall make it available to the Administration when required, and which undertakes to maintain compliance with the above obligations during the period of time inherent in such recognition or exercise.
The requirements referred to in the preceding paragraph should be expressly, clearly and accurately reflected in the corresponding Jury Declaration. The Administration may, at any time, require that documentation be provided to demonstrate compliance with the above-mentioned requirements and the data subject must provide it.

(b) the document by which the interested parties disclose their identification data or any other data or documentation relevant to the initiation of an activity or the exercise of a right.

ARTICLE 110. False or inaccurate jury statements.

The inaccuracy, falsehood or omission, of an essential nature, of any data or information that is incorporated into a Jury Declaration or the non-submission to the Administration of the documentation that is required in its case to prove compliance with the declaration, may generate a sanction, without prejudice to the criminal, civil or administrative responsibilities to which it took place. In addition, the decision of the Public Administration declaring such circumstances may determine the obligation of the person concerned to restore the legal situation at the time prior to the recognition or exercise of the right or the commencement of the activity concerned, all of which is in accordance with the terms set out in the rules of application.

Background

- Article 1 replaced by art. 1 Decree No. 1883/1991 B.O. 24/9/1991;

Article 2 replaced by art. 1
Decree No. 1883/1991 B.O. 24/9/1991;

Article 5 replaced by art. 1
Decree No. 1883/1991 B.O. 24/9/1991;

Article 7 replaced by art. 1
Decree No. 1883/1991 B.O. 24/9/1991;

Article 9 replaced by art. 1
Decree No. 1883/1991 B.O. 24/9/1991;

Article 11 replaced by art. 1
Decree No. 1883/1991 B.O. 24/9/1991;

Article 14 replaced by art. 1
Decree No. 1883/1991 B.O. 24/9/1991;

Article 15 replaced by art. 1
Decree No. 1883/1991 B.O. 24/9/1991;

Article 18 replaced by art. 1
Decree No. 1883/1991 B.O. 24/9/1991;

Article 19 replaced by art. 1
Decree No. 1883/1991 B.O. 24/9/1991;

Article 20 replaced by art. 1
Decree No. 1883/1991 B.O. 24/9/1991;

Article 23 replaced by art. 1
Decree No. 1883/1991 B.O. 24/9/1991;

Article 24 replaced by art. 1
Decree No. 1883/1991 B.O. 24/9/1991;

Article 25 replaced by art. 1
Decree No. 1883/1991 B.O. 24/9/1991;

Article 32 replaced by art. 1
Decree No. 1883/1991 B.O. 24/9/1991;

Article 33 replaced by art. 1
Decree No. 1883/1991 B.O. 24/9/1991;

- Article 34 replaced by art. 1
Decree No. 1883/1991 B.O. 24/9/1991;

Article 36 replaced by art. 1
Decree No. 1883/1991 B.O. 24/9/1991;

Article 38 replaced by art. 1
Decree No. 1883/1991 B.O. 24/9/1991;

- Article 40 replaced by art. 1
Decree No. 1883/1991 B.O. 24/9/1991;

Article 41 replaced by art. 1
Decree No. 1883/1991 B.O. 24/9/1991;

Article 42 replaced by art. 1
Decree No. 1883/1991 B.O. 24/9/1991;

Article 43 replaced by art. 1
Decree No. 1883/1991 B.O. 24/9/1991;

Article 44 replaced by art. 1
Decree No. 1883/1991 B.O. 24/9/1991;

- Article 48 replaced by art. 1 Decree No. 1883/1991 B.O. 24/9/1991;

Article 52 replaced by art. 1
Decree No. 1883/1991 B.O. 24/9/1991;

- Article 56 replaced by art. 1 Decree No. 1883/1991 B.O. 24/9/1991;

Article 60 replaced by art. 1
Decree No. 1883/1991 B.O. 24/9/1991;

Article 71 replaced by art. 1
Decree No. 1883/1991 B.O. 24/9/1991;

Article 72 replaced by art. 1
Decree No. 1883/1991 B.O. 24/9/1991;

- Article 73 replaced by art. 1
Decree No. 1883/1991 B.O. 24/9/1991;

Article 75 replaced by art. 1
Decree No. 1883/1991 B.O. 24/9/1991;

Article 76 replaced by art. 1
Decree No. 1883/1991 B.O. 24/9/1991;

- Article 79 replaced by art. 1
Decree No. 1883/1991 B.O. 24/9/1991;

- Article 87 replaced by art. 1
Decree No. 1883/1991 B.O. 24/9/1991;

- Article 88 replaced by art. 1
Decree No. 1883/1991 B.O. 24/9/1991;

Article 90 replaced by art. 1
Decree No. 1883/1991 B.O. 24/9/1991;

Article 91 replaced by art. 1
Decree No. 1883/1991 B.O. 24/9/1991;

Article 93 replaced by art. 1
Decree No. 1883/1991 B.O. 24/9/1991;

Article 94 replaced by art. 1
Decree No. 1883/1991 B.O. 24/9/1991;

Article 98 replaced by art. 1
Decree No. 1883/1991 B.O. 24/9/1991;

- Article 98 bis. repealed by art. 2° Decree No. 1883/1991 B.O. 24/9/1991;

Article 99 replaced by art. 1
Decree No. 1883/1991 B.O. 24/9/1991;

Article 102 replaced by art. 1
Decree No. 1883/1991 B.O. 24/9/1991;

Article 103 replaced by art. 1
Decree No. 1883/1991 B.O. 24/9/1991;

Article 104 replaced by art. 1
Decree No. 1883/1991 B.O. 24/9/1991;

Article 105 replaced by art. 1
Decree No. 1883/1991 B.O. 24/9/1991;

Article 106 replaced by art. 1
Decree No. 1883/1991 B.O. 24/9/1991;

- Article 107 repealed by art. 2nd
Decree No. 1883/1991 B.O. 24/9/1991;

- Article 108 repealed by art. 2nd Decree No. 1883/1991 B.O. 24/9/1991;

-
Article 109 repealed by art. 2nd Decree No. 1883/1991 B.O. 24/9/1991;

Article 110 repealed by art. 2nd
Decree No. 1883/1991 B.O. 24/9/1991;

- Article 111 repealed by art. 2nd Decree No. 1883/1991 B.O. 24/9/1991;

- Article 90, replaced by art. 1
Decree No. 1893/1985 B.O. 3/10/1985;

- Article 92, replaced by art. 1
Decree No. 1893/1985 B.O. 3/10/1985;

Article 96, replaced by art. 1
Decree No. 1893/1985 B.O. 3/10/1985;

- Article 100, replaced by art. 1
Decree No. 1893/1985 B.O. 3/10/1985;

- Decree 1744/1973, repealed by art. 1
Decree No. 1893/1985 B.O. 3/10/1985;

Article 1 of Decree 3700/1977, repealed by art. 1
Decree No. 1893/1985 B.O. 3/10/1985;

- Article 46, replaced by art. 1
Decree No. 3700/1977 13/12/1977;

Article 76, replaced by art. 1
Decree No. 3700/1977 13/12/1977;

- Article 87, replaced by art. 1
Decree No. 3700/1977 13/12/1977;

- Article 88, replaced by art. 1
Decree No. 3700/1977 13/12/1977;

- Article 91, replaced by art. 1
Decree No. 3700/1977 13/12/1977;

- Article 94, replaced by art. 1
Decree No. 3700/1977 13/12/1977;

- Article 98 bis, incorporated by art. 2nd
Decree No. 3700/1977 13/12/1977;

- Article 100, replaced by art. 1
Decree No. 3700/1977 13/12/1977;

Article 102, replaced by art. 1
Decree No. 3700/1977 13/12/1977;

- Article 90, replaced by art. 1 Decree No. 1744/1973 B.O. 10/10/1973;

- Article 92, replaced by art. 1
Decree No. 1744/1973 B.O. 10/10/1973;

Article 96, replaced by art. 1
Decree No. 1744/1973 B.O. 10/10/1973.