Key Benefits:
Bs. As., VISTO Laws 19.549 and 23.696 and Decrees Nos 1759 of 3 April 1972, 9101 of 22 December 1972, 333 of 19 February 1985 and 2476 of 26 November 1990, and
CONSIDERING:
That Law 19.549 provides in Article 1 (b) that administrative procedures must be carried out with speed, economy, simplicity and effectiveness.
That the delay, or the lack of resolution of outstanding issues within the Administration, violates the rights of citizens and constitutes a degradation of the system of guarantees of our legal system.
That the guarantees of individuals in relation to the administrative procedure do not deal with delays, delays, disturbing and unnecessary discomforts, which also result in increased operating costs of the Administration itself.
In this regard, and in order to consolidate the rights and guarantees of the parties concerned, it is necessary to facilitate their access to the files through direct and simple procedures.
It was shown in legislation similar to that of our country that it is necessary for a unit within the administrative organization to have the responsibility of the time-barrel, as well as the effectiveness of the procedure, complementing itself with the control of this by the public and the stakeholders in particular (Law of Administrative Procedure of Spain).
That the same unit should determine which administrative units are responsible for the process of the various proceedings before the Administration, depending on their specific areas of competence, ensuring a quick and efficient dispatch of the relevant documentation.
In order to alleviate the offices of political officials, allowing them to focus their attention on the fundamental issues that they make to the Government policy, it is essential to establish mechanisms of delegation of functions, as provided for by the relevant legislation.
That in the same sense, the reorganization of the attention of the Office of the Ministers of the National Executive will enable the speedy management of the Government.
The adaptation of the administrative procedure to the structural changes that have been operating within the Administration from the sanction of Act No. 23,696 and the application of Decree No. 2476 of 26 November 1990, also introducing the reforms promoted by the jurisprudence of our courts, the administrative in particular and by qualified doctrine both national and foreign.
That the removal of passes constitutes an indispensable transformation in the processing of administrative records, in order to ensure the speed of the proceedings, the strengthening of the principle of primary responsibility of each staff member in the resolution of his own issues.
That the above-mentioned principle of primary responsibility of each unit constitutes one of the foundations of the reform of the structures of the Administration as set out in Decree No. 2.476 of 26 November 1990.
That, by virtue of this principle, each organizational unit has assigned an unshared responsibility of its own, which, without excluding the possibility of consulting other units of the Administration, causes the entire responsibility of the resolution, in its instance, to fall into the official in charge of the unit concerned.
That this motivates the reform of the Regulations approved by Decree No. 1759 of 3 April 1972 and Decree No. 9101 of 22 December 1972, making an orderly text of the first, in order to avoid doubts in its interpretation.
That the elimination of superfluous administrative resources is necessary in order to achieve efficiency in the proceedings, since they are not used by individuals, based on the reform proposals developed by the Procuration of the Treasury of the Nation in 1988 and the validity of similar regulations in which the simplification of the recursive procedure is observed.
Following the case law of the Procuration of the Treasury of the Nation, the need to abolish the appeal against acts inherent in the private activity of companies and companies of total or majority state ownership is noted, and the most well-qualified national doctrine is essential for this purpose to repeal article 2 of Decree No. 9101 of 22 December 1972.
That the procedure should be adapted to the changes introduced by technology, and the means to make the notifications should therefore be updated, a situation already warned by authors who developed this topic.
That according to the case law treatment that over time was made of the Regulations of Administrative Procedures, it is appropriate to foresee a period of grace for submission of writings (CSJN "Fundación Universidad de Belgrano" of 5/10/78), as well as the possibility that the individual obtains photocopies at the time of the proceedings.
That the reduction of time limits within the procedure is imperative in order to avoid unnecessary delays in decision-making by the administrative authority, resulting in the provision of sanctions to those responsible for their non-compliance, in addition to the active participation of stakeholders in order to contribute to control. This is why it is in line with the provisions of the opening of public service offices and the reform of the Complaint of Article 71 and 72 of the Rules of Administrative Procedures.
The adaptation of special procedures to the provisions of Act No. 19,549 and the Regulations of Administrative Procedures is necessary, as provided for in article 2 of the above-mentioned legal standard, which was never complied with despite its validity.
That the Executive Committee on Administrative Reform Control has taken the necessary action.
That Article 86, paragraph (1) of the National Constitution, instructs the President of the Nation of the status of the Supreme Head of the Nation and places the general administration of the country in charge.
Therefore,
THE PRESIDENT OF THE ARGENTIN NATION
RIGHT:
Article 1 . Replace Articles 1o, 2o, 5o, 7o, 9o, 11, 14,15,18, 19, 20, 23, 24, 25, 32, 33, 34, 36, 38, 40, 41, 42, 43, 44, 48, 52, 56, 60, 71, 72, 73, 75, 76, 79, 87, 88, 90, 91, 92, 93, 94, 104, 99, 102,
Art. 2o . Deróganse cos artículos 98 bis, 107, 108, 109, 110, 111 del normas que fue adoptadas por Decreto No 1759 de fecha 3 de abril de 1972.
Art. 3o . Approve the orderly text of the rules of procedure of administrative procedures with the amendments introduced by the present, as ANNEX I, which shall be entitled: "Regulation of Administrative Procedures. Decree 1759/72 T.O. 1991", which is part of the present decree.
Art. 4o . The definitive or assimilable administrative acts emanating from the superior body of companies or companies of total or majority ownership of the national State shall be resorted to by means of an appeal provided for in Article 94 of the regime approved by Decree No. 1759 of 3 April 1972. This remedy shall not proceed against acts inherent in the private activity of the company or society in question.
Art. 5o . The Ministries or Secretariats of NATION PRESIDENCE responsible for the direct application or through an entity within their jurisdiction, of the special procedures provided for in Article 1 of Decree No. 9101 of 22 December 1972 shall refer, within the improbable period of SESENTA (60) working days, to the EXECUTIVE COMMITTEE OF THE ADMINTIVE REFORM. In that report, they should also inform the necessary legal need to maintain them, accompanying in that case a project adapted to the Administrative Procedures Act No. 19.549 and Regulations adopted by Decree No. 1759 of 3 April 1972, ordained text 1991.
Art. 6th . Default of Article 2 of Decree No. 9101 of 22 December 1972.
GENERAL SECRETARY-GENERAL
Art. 7o . The General Secretariat Unit, under the direct and exclusive unit of the Minister of the area, is within the scope of each ministerial jurisdiction.
.Art. 8o . The staffing of the General Secretariat units established under this decree shall be temporarily integrated with the staff that reviews in the areas of dispatch and entrance of each ministerial jurisdiction and which assigns the competent authority. Within the TREINTA (30) working days of sanctioning the present decree, the respective ministerial jurisdictions shall refer to the EXECUTIVE COMMITTEE FOR AGAINST THE ADMINISTRATIVE REFORM, following the intervention of the SECRETARIAT OF THE PUBLIC FUNCTION of the PRESIDENCE OF THE NATION, the final structures projects of each General Secretariat unit.
Art. 9th La The primary responsibility of the General Secretariat shall be to ensure the receipt and departure of administrative documentation from or addressed to other ministerial jurisdictions or entities; to receive and dispatch documentation from individuals; to carry out the dispatch; to file administrative documentation, except for the internal notes and other documentation of each jurisdiction; to carry the office of the Minister; and to follow up on the administrative procedures of the jurisdiction; to comply with and enforce administrative procedures. It will also be the responsibility of the General Secretariat Unit to determine, for each administrative process, the unit or units of the jurisdiction with primary responsibility to understand in the same. In the remaining areas of the National Administration, the responsibility indicated in this article shall be assumed by the head of the area of dispatch.
Art. 10. La The General Secretariat Unit should have the following addresses:
(a) De Despacho, which will be responsible for ensuring the distribution of administrative documentation to units within its jurisdiction, the control of movement and compliance with the processing time limits of administrative records.
(b) From Table of Tickets and Notifications, which will be responsible for the receipt, output and archive of documentation, as well as notifications, keeping the precautions prescribed in the relevant rules.
(c) Public Information, which will evacuate consultations on the purposes, competence and functioning of the respective ministry. It will be the responsibility of the Public Information Authority to provide information on the handling of administrative proceedings to which the person accredits the status of a party, its sponsorship or sponsoring counsel, being also responsible for granting the record power referred to in Article 33 of the Regulations adopted by Decree No. 1759 of 3 April 1972. It will also receive complaints or complaints that may arise on the basis of delays, arrests and other anomalies that are observed in the operation of the respective ministries.
Art. 11. El The head of the General Secretariat unit will be appointed by the Minister of the area, will be part of the Cabinet of Advisers of the Minister and will review at the highest level of the general scale in force in the National Civil Service. The head of the General Secretariat shall cease his duties with the Minister who appointed him.
PLACE-BUILDING
Art. 12. . In order to ensure the efficiency of administrative management, respect for the time frames provided for by existing standards and adequate information to the public, the General Secretariat units should automate and inform the registration, dispatch and control of administrative records. The system should contemplate all the development of the file, with at least indication of the acting agency and date of the intervention.
Art. 13. Received a documentation for the initiation or continuation of a procedure, it must be sent to the competent unit in the improbable term of THREE (3) working days.
Art. 14. el Paragraph 6.3.3 of the Regulations adopted by Decree No. 333 of 19 February 1985 shall be amended to read as follows:
"Places: The preparation of reports, the response of notes and any other diligence of documentation, concerning the substance of files, when it is not expressly established another term, shall be carried out by order of arrival, at the time that it requires its study within a maximum period of CINCO (5) working days. This maximum period may be extended by the head of the General Secretariat or by hierarchical superior of the primary responsible when the complexity of the matters to be dealt with is required, such expansion should be communicated to the General Secretariat."
Art. 15. el Amend paragraph 6.3.4.3 of the Regulations adopted by Decree No. 333 of 19 February 1985, which will be drafted as follows:
"Urgent: Action that should be expedited within three (3) business days and with priority on any other that does not have that qualification or that of a very urgent one will be given as a matter of urgency."
Art. 16. . The Chief of the General Secretariat Unit shall be directly responsible for the implementation of the deadlines set out in paragraph 6.3.3. and 6.3.4. of the Regulations approved by Decree No. 333 of 19 February 1985, for which it shall carry out a relay every CINCO (5) working days of the internal procedure of the administrative records. In the event of the failure to comply with the respective deadlines, the responsible officer must be indicted, subject to the expectation that he or she would be punished in accordance with Law 22.140.
If the delay in processing is verified, the hierarchical superior must be invoked for the continuation of the proceedings without prejudice to the sanction corresponding to the person responsible for the delay.
SIMPLIFICATION OF TRAMITS
Art. 17. ". The files will have a unique procedure being prohibited the formation of "correspondes". The regulations adopted by Decree No. 1759 of 3 April 1972 shall be strictly enforced. In case of non-observance of this article, the person responsible shall be punished in accordance with the provisions of Law 22.140.
Art. 18. . In the processing of files, given the primary responsibility of the intervening official the "pase" of the proceedings is prohibited. Where the opinion of other units of the same or other jurisdictions is required, the staff member with primary responsibility shall request it directly by note or office, indicating in the record, as provided for in Article 14 of the Regulations approved by Decree No. 1759 of 3 April 1972. The case of referral of the case file is exempted from the present case in order to draw up the compulsory opinion of the Ministry ' s permanent legal service, or when the intervention of the NATIONAL TESORO is necessary.
When a file exceptionally involves the primary responsibility of more than one unit within the same jurisdiction, it must be processed simultaneously in such units, which will receive copies of the relevant proceedings. The units involved shall be issued within the same time period, seeking to reconcile their respective decision-making criteria.
DELEGATION OF FACULTADES
Art. 19. . The Ministers, Secretaries and Assistant Secretaries shall, except resolution based on the contrary of the owner of the area, at the end of TREINTA (30) working days the rules leading to delegate to the lower officials the decision on matters of internal administration of the respective units, in accordance with the provisions of the Accounting Act, Article 3 of the Administrative Procedures Act and Article 2 of the Regulations approved by Decree No. 1759 of the date. Especially:
(a) Authorization and approval of contracts, as established by the holder of each jurisdiction by resolution, up to the sum of australes UN MIL SETECIENTS OCHO MILLONES VEINTICUATRO MIL (A 1,708,924,000.-) with the precautions provided for in CHAPTER II and VI of the Accounting Act.
(b) Non-expulsive disciplinary penalties for employees.
(c) Licensing, justifications and franchises to staff.
(d) Road clearance.
(e) Any other issue that would make the current administration of jurisdiction.
Art. 20. Once the regime of the above article is implemented, the Director General of Administration will be responsible for the implementation of the said system.
TRANSITORY REGIME
Art. 21. . The following transitional procedure shall be applied for the current cases initiated prior to the validity of this regime.
In the event that a case file is only pending the dictation of the final administrative act or a decision of a remedy, it must be carried out in the term of TREINTA (30) working days to issue the act or resolve the remedy, including in the aforementioned period the ruling of the permanent legal service of the jurisdiction. In the remaining cases, the following shall be done:
(a) The competent bodies that deal with administrative records that are paralyzed on account of imputable to the administration shall, within a period not exceeding SESENTA (60) working days notify the interested parties by letting them know that if at the end of TREINTA (30) working days do not manifest the will to continue their processing, the expiry of the procedure shall be declared under Article 1 (e)
(b) If the procedure has been paralyzed for a longer period of SEIS (6) months for reasons attributable to the administration, it shall be in all cases within the period of SESENTA (60) working days, notify the data subject in order to let him know that if within a period of TREINTA (30) working days he does not express his will to continue the process, the prescript will be applied in the preceding paragraph.
(c) The files relating to internal procedures of the administration, which have not had movement during the last SEIS (6) months prior to the publication of the present, shall be archived, with communication to the initiating agency.
Resolutions issued pursuant to subparagraphs (a), (b) and (c) shall be signed by the respective National or General Directors.
The records relating to administrative sums are excluded from the present transitional regime and must be strictly complied with in accordance with the terms set out in the regulations adopted by Decree 1798 of 8 September 1980.
Art. 22. . In the case of the cases referred to in subparagraphs (a), (b) and (c) of the preceding article, the unit where the record is physically found will be responsible for applying the present transitional regime accordingly. In no case may it be referred to the General Secretariat unit, files initiated prior to the validity of the present, except for its archive or for its referral only in order to elaborate the corresponding legal opinion.
Art. 23. . If, on the occasion of the application of Article 21, subparagraphs (a), (b) and (c), it shall be resolved in a negligent or inappropriate manner, giving rise to judicial actions whose resolutions provoke, an injury to the administration, the responsible national or general director shall respond with his or her property for the damage caused under Article 90 of the Accounting Act.
If the person responsible for the application in time and form of the provisions of this article does not do so, he or she shall be punished by the superior body in accordance with Article 17 of this Decree.
Within the NOVENTA (90) working days of the beginning of the application of the present transitional regime, the bodies responsible for the implementation of the latter shall inform the General Secretariat of their jurisdiction or in default of the area of dispatch, of the actuated and of the results of the application of the present.
GENERAL PROVISIONS
Art. 24. El The regime sanctioned by this decree shall be applicable to the procedures that begin from the date of publication.
Art. 25. . Communicate, publish, give to the National Directorate of the Official Register and archvese. . Menem. . Domingo F. Cavallo. . León C. Arslanian.
Annex I
PROCEDURE FOR ADMINISTRATIVE PROCEDURES DECRETO 1759/72 T.O. 1991
PART I
ARTICLE 1 . Competent organs. . The administrative records shall be processed and resolved with the intervention of the body to which a law or a decree has attributed competence; in its absence shall the agency which determines the internal regulations of 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 shall be intervened with decision-making powers DOS (2) or more organs, a single file shall be instructed, which I shall deal with before the agency by which I have entered, unless incompetent, a single resolution must be issued.
ARTICLE 2° . Faculty of the superior. . Ministers, NATION PRESIDENCE secretaries and decentralised entity management bodies may direct or encourage the action of their lower hierarchicals by means of orders, instructions, circulars and internal regulations, in order to ensure the speed, economy, simplicity and effectiveness of the proceedings, delegate their powers; intervene them; and invoke the knowledge and decision of an exclusive matter unless a rule is less than exclusive.
All of this without prejudice to the eventual understanding of the case if the remedies that are relevant are filed.
ARTICLE 3° . Start of the procedure. Party interested. El The administrative procedure may be initiated on its own motion or at the request of any natural or legal person, public or private, who invokes a subjective right or a legitimate interest; these 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° . Impulsion of office and at the request of the interested party. Todas All administrative proceedings shall be ex officio promoted by the competent body, which shall not preclude the person concerned from instituting the procedure. 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 organ. El The competent organ shall direct the procedure by seeking:
(a) Process the files according to your order and decide them as they are being resolved. The alteration of the order of processing and decision may be made only through a substantiated resolution;
(b) Provide in a single resolution all the procedures that, by their nature, allow their simultaneous drive and concentrate on the same act or hearing all relevant procedures and evidence measures;
(c) Establish a summary management procedure by means of printed forms or other methods that allow the rapid handling of matters, if a large number of homogeneous files are to be resolved. They may even use, where the motives and foundations of the resolutions are identical, any mechanical means of production in series of the resolutions, provided that the legal guarantees of the parties concerned are not infringed;
(d) To point out, before submitting to any request, the defects of their suffering, ordering them to be ex officio or by the person concerned within the reasonable period of time set by, in the same way, 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. , To maintain order and decorum in the proceedings, such an organ may:
(a) Test any injurious or worded phrase in offensive or indecent terms;
(b) Exclude from hearings to those who disturb them,
(c) Call attention or apprehensive 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 the possessors by inconduct or by manifestly hindering the proceedings, intimating the person in order to intervene directly or by a new agent, under the expectation 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: identification. . 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.
The paper should include the body with primary responsibility for the process, and the deadline for its resolution.
ARTICLE 8° . Compagination. Los The files will be reconciled in numbered bodies that do not exceed two hundred (200) fojas, except in cases where such a limit compels to divide writings or documents that constitute a single text.
ARTICLE 9° . Foliatura. Todas All actions should be folied in a correlative order of incorporation, even when 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. . Annexes. When the files are accompanied by backgrounds that cannot be incorporated by their volume, annexes will be made, which will be numbered and foiled independently.
ARTICLE 11. Los The files that are incorporated to others do not continue the foliatura of these files, should be recorded only with the amount of fojas of the file added.
ARTICLE 12. . Breaks. The breakdowns may be requested orally and will be recorded.
ARTICLE 13. . When a file or procedure is started with broken sheets, these will be preceded by a note with the mention of the actions of which they come from, of the amount of sheets with which the new one is started and the reasons that there have been to do 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 or by office, which will be recorded in the record. To this end, the units of the Administration, whatever their hierarchical situation, are obliged to provide their ongoing and reciprocal collaboration.
PART III
ARTICLE 15. . Formalities of writings. . The writings will be machine-written or ink-written in a national language, saving any testament or interlineated words. They 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 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. The telegraphic means may be used to respond to transfer or hearing and to file resources.
However, the parties concerned, or their agents, may make petitions by simple annotation in the file, with their signature, without the need to comply with the precautions set out in the preceding paragraphs.
ARTICLE 16. . Caused. 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 address 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 specific request in given and precise terms
(d) Offering all the proof that the data subject is to be used, accompanying the documentation that he or she has in his or her power and, in his absence, his mention with the possible individualization, expressing what it is 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; sign please. . When a writing is subscribed to I beg for not being able or not knowing 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 before him the authorization, demanding the accreditation of 1st personal identity of those who intervene.
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.
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 so that in its presence and prior justification of its identity, ratify the signature or content of the writing.
If the said person refuses to sign or write, he refuses to answer or does not appear, he or she will have the written as unsubmitted.
ARTICLE 19. . Special Domicile Constitution. . Any person who appears to the administrative authority, on his or her own right or on behalf of third parties, shall constitute a special address within the urban seating radius of the body in which the file 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 precise way 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.
ARTICLE 20. If a domicile is not established, it is not done 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 expectation of continuing the procedure without his or her intervention or a legal representative, or to order the expiry of the procedure.
ARTICLE 21. El The constituted domicile will produce all its effects without the need for resolution and will be reputed subsistent until another is designated.
ARTICLE 22. . Royal building. El The actual domicile of the interested party should be denounced in the first presentation made by the person personally or by a legal representative or a legal representative.
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. . Lack of the constitution of the special home and the denunciation of the royal home.-If in due opportunities the special domicile is not constituted or the actual domicile is denounced, the defect shall be subsumed in the terms and under the notice provided for in article 1 (e), paragraph 9 of the Law on Administrative Procedures.
ARTICLE 24. . Multiple requests. . It can be accumulated in a single written more than one request provided it is related matters that can be handled and resolved together. 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 handling of matters, it shall be placed in order to submit separate petitions on the basis of the notice of ex officio proceeding to substantiate them individually if they are separable, or failing to dispose of the expiry of the procedure in accordance with the provisions of article 1 (e), paragraph 9
ARTICLE 25. . Submission of writings, date and charge. Todo Any initial or appealing written form must be presented at the entry or receiving table of the competent body or may be issued by mail. Subsequent writings may also be submitted or referred to the office where the file is located.
The administrative authority shall record in each writing of the date on which it is submitted, giving effect to the relevant position or seal of date.
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 schedule of the day the deadline expires, can only be delivered validly, in the appropriate office, the immediate working day and within the DOS (2) early hours of the service time of that office.
ARTICLE 26. . Provided from the writings. El The mere procedure must be made within the THREE (3) days of receipt of all writings or telegraphics.
ARTICLE 27. . Documents accompanied. . 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 a copy that certifies the prior administrative authority with the original, which will be returned to the data subject.
The reservation of any document, book as or proof to be submitted may be requested, in which case it shall be kept on record.
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 enrolled in the national, provincial or municipal enrollment, indistinctly.
ARTICLE 30. s Delivery of records on initiation of proceedings and presentation of writings or documents.. Any action initiated at the entrance or receiving table 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 person concerned has made a document or written in the office on the basis of being original of the subscribed copy.
PART IV
ARTICLE 31. . Power performance and legal representation. . The 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, must accompany the documents that prove the quality invoked. However, the 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.
ARTICLE 32. . How to credit the personry. . Representatives or agents will credit their personry from the first management they make on behalf of their constituents in the corresponding public instrument, or with a copy of the same subscribed by the lawyer, or with a letter-power with signature authenticated by police or judicial authority, or by public scribe.
In the case 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 civil or commercial society contract granted in a public instrument or registered in the Public Registry of Commerce, it shall be credited with the aggregation of an integrated 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 must be signed by all the partners on an individual name, indicating which of them will continue to be linked to their formality.
ARTICLE 33. El The mandate may also be granted by 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 that is entrusted to him.
When it is empowered to receive amounts greater than the equivalent of EZ (10) minimum wages it will require power granted to the public scribe.
ARTICLE 34. . Representation cessation. The representation in the proceedings shall cease:
(a) For 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) For death or inability of the president.
In the cases provided for by the above-mentioned THREE(3), the person shall be placed to appear for himself or for a new person, on the basis of an expectation to continue the proceedings without his or her intervention or to have the file expired, as appropriate.
(d) For the 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, so1o may make requests for mere procedure that are indispensable and that do not allow delays to avoid prejudice to the rights of the offender.
ARTICLE 35. . Alcances of representation. . From the moment the power is presented to the administrative authority and the person ' s authority is admitted, the representative assumes all the responsibilities that the laws impose on him and his acts oblige the commander as if he personally has practiced them. It is obliged to continue the management until it has ceased legally in its terms of reference . with the limitation provided for in subparagraph (d) of the previous article y, and with it the locations, summons and notifications, including those of the definitive acts, except a decision or express rule that is available, are notified to the same poweror 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 is 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. . Views; performances. . 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, are declared reserved or secrets by a decision founded by the respective Assistant Secretary of the Ministry or the holder of the decentralized entity concerned.
The request for a hearing may be made orally and shall, without the need for express resolution, in which the record is located, even if it is not the Table of Entries or Receptory.
If the petitioner requests the setting of a time limit for the hearing, it shall be provided in writing with reference to the provisions of article 1 (e) of the Administrative Procedures Act.
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.
PART V
ARTICLE 39. . From notifications. Acts to be notified. s 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 occasion or on the occasion of the trial and those who have the aggregation of proceedings:
(e) All others that authority so dispossess, taking into account its 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 computed 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 the indication could be made will 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 proceedings, the time limit for deducting the claim set out in article 25 of the Administrative Procedures Act 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 period of sixty (60) judicial working days shall be initiated 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 of 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.
It can be done:
(a) By direct access of the party concerned, its attorney or legal representative to the file, with express and prior proof of identity of the notified party; a copy of the act shall be certified if it is claimed;
(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 cedula, that will be diligence in a manner similar to that provided by the arts. 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, according to the regulations it issues.
ARTICLE 42. . Publishing edicts. . The location, summons and notifications to uncertain persons or whose address is ignored will be made by edicts published in the Official Gazette for three (3) days in a row and will be carried out to the CINCO (5) days, computed from the following to the last publication.
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. . Notification content. . In the notifications, the basis and operative part of the act being notified shall be fully transcribed, 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 an integrated and authenticated copy of the resolution and being recorded in the body of the card or trade.
ARTICLE 44. . Invalid notifications. . Any notification that contravenes the preceding rules will be invalid.
However, if the case file proves that the party concerned received the notification instrument, from the next day the perennial period of sixty (60) days to deduct the administrative remedy that is admissible for the computation of the period provided for in article 60. 25 of the Administrative Procedures Act to deduct the relevant claim as appropriate. This period shall not be added to the period specified in art. 40, third paragraph. This rule shall apply to special procedures.
ARTICLE 45. . Verbal notification. . When the act is not documented in writing, the verbal notification will be admitted.
PART VI
ARTICLE 46. . Test.. The administration of trade or request by 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.
ARTICLE 47. . Notification of the providence of the test. La The ordering ordering the production of evidence shall be notified to the parties concerned indicating which evidence is admitted and the date of the or 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 the reports and opinions which are binding according to express rules that establish it, it 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 shall be taken only if the administrative record was opened.
ARTICLE 49. Witnesses. . Witnesses will be examined at the headquarters of the competent agency by the agent to whom it is designated.
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 attendance 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. Los Witnesses shall be freely questioned about the facts by the authority, without prejudice to the interrogations of the parties concerned, which may be presented 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 Civil and Commercial Procedure Code of the Nation shall be applied in supplementary application.
ARTICLE 54. Peritos. . 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 time limit 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. . In the field of documentary evidence will be provided by the arts. 16 and 27 to 30 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 Code of Civil and Commercial Procedure of the Nation.
ARTICLE 60. Alegatos. . Substantiated the proceedings, the interested party will be given an ex officio view and for TEN (10) days so that, if it deems appropriate, it will present a written statement about the actuated, and in its case, it will also be held on the evidence that has occurred. The interested party, its co-sponsoring attorney or attorney may withdraw the proceedings on the responsibility by registering the relevant office.
The competent body may order the production of new evidence:
(a) Of course, 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 than the legal advice, if it corresponds in accordance with the provisions of article 7o, inc. d), in fine of the Law on Administrative Procedures, will dictate the administrative act that resolves the proceedings.
ARTICLE 62. . Appreciation of the test. . The evaluation of the test will apply the provisions of art. 386 of the Code of Civil and Commercial Procedure of the Nation.
PART VII
ARTICLE 63. . De la conclusión de los procedimientos. . 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. La The express resolution shall be in accordance with the provisions of article 1 (f), subparagraphs 3.7 and 8 of the Administrative Procedures Act; and article 82 of this regulation.
ARTICLE 65. . The tacit resolution and the expiry of the proceedings will result from the circumstances referred to in articles10 and 1 (inc. e, subsection 9) of the Administrative Procedures Act respectively.
ARTICLE 66. . Disruption. Todo Any withdrawal must be made by the party concerned, its legal representative or the party.
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 will prevent the promotion of another by 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 will not imply the closure of the proceedings, which will thus be declared by a well-founded resolution, continuing the proceedings until the relevant decision is taken. This may benefit even those who have desisted.
PART VIII
ARTICLE 71. . Complains for defects in processing and non-compliance with deadlines other than resource processing. . The immediate hierarchical superior may be complained against the defects of processing and non-compliance with the legal or regulatory deadlines in which it is incurred during the procedure and provided that such time limits do not relate to those set for the resolution of resources.
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 unjustified failure to comply with the procedures and deadlines provided for by the Administrative Procedures Act and by these regulations generates liability for the direct charge of the procedure or the proceedings and for the hierarchical superiors required to their direction, control or compliance; in which case and where the complaint of the previous article is deemed to be unresolved, the respective hierarchical superior shall initiate the proceedings responsible for the application of the sanction.
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, the act that resolves such an irrevocable 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. . Subjects. Los 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 organ. . 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 will need to take account of the proceedings, the time limit for appeal will be suspended for the time granted to it, on the basis of the provisions of article 1 (e), paragraph 4 and 5, of the Administrative Procedures Act. 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 Administrative Procedures Act shall be suspended.
ARTICLE 77. Formalities. . The presentation of administrative resources should be in line with the formalities and precautions provided for in articles 15 and below, as appropriate, and the conduct or act that the applicant considers to be entitled to his or her rights or interests. The substantiation of resources deducted in term may be expanded at any time before 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. El The intervening agency, ex officio 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 resource.
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. Las The preparatory measures for administrative decisions, including reports and opinions, even if they are of compulsory requirement and binding effect for the Administration, are not recurrent.
ARTICLE 81. . Dispatch and decision of resources. . The resources 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 it corresponds to article l9 of the Law on Administrative Procedures; or accepting 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 the party, and even by recourse in cases where it is 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. . Remedies of reconsideration. . A remedy of reconsideration may be filed against any final administrative act or that totally prevents the processing of the claim or claim of the administrator and against the interlocutors or mere procedure that injure a subjective right or a legitimate interest. I shall interpose 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 the provisions of 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. El The competent body will resolve the remedy of reconsideration within thirty (30) days, computed from its filing, or, in its case, from the submission of the allegation .o of the expiry of the time limit to do so.
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. El The remedy of reconsideration against definitive or assimilable acts, carries the hierarchical remedy in subsidy. When the reconsideration was expressly or tacitly rejected, the proceedings must be elevated at the end of CINCO (5) days of ex officio or at the request of a party as it has relapsed or not express refusal. 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. El The hierarchical remedy will proceed against any final administrative act or that totally prevents the processing of the claim or claim of the administered one. 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. El The hierarchical remedy shall be brought before the authority that issued the contested act within the QUINCE (15) days of notification and shall be raised within the term of CINCO (5) days and ex officio to the Ministry or Secretariat of the Presidency in whose jurisdiction the organ issuing the act acts.
The ministers and secretaries of the NATIONAL PRESIDENCE will definitively resolve the appeal; when the contested act emanates from a minister or secretary of the NATIONAL PRESIDENCE, the appeal will be resolved by the national executive branch, in both cases being exhausted by the administrative body.
ARTICLE 91. El The time limit for resolving the hierarchical remedy will be TREINTA (30) days, to count 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 one is the competent authority to resolve the hierarchical remedy, it shall process and be fully carried out at the seat of the Ministry or Secretariat of the NATIONAL PRESIDENCE in whose jurisdiction the issuing body of the act is acting; in those 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 Minister or Secretary of the NATIONAL PRESIDENCE; where it is appropriate to establish uniform administrative jurisprudence, where the nature of the committed economic interest requires its attention, or where the national executive branch deems it appropriate to resolve the remedy, the intervention of the PROCURATION OF THE THIRD OF NATION shall be required.
ARTICLE 93. . Except the norm expresses in contrast the resources deduced in the field of the auto-archic entities will be governed by the general rules that for them are set out in this regulation.
ARTICLE 94. . Highway appeal. . Against the final administrative acts or which totally prevent the processing of the claim or claim of the recurring .emanadas of the superior organ of an auto-archic entity, including the national universities., shall, on the option of the person concerned, proceed with the administrative appeal or the relevant judicial action.
ARTICLE 95. . The choice of the judicial way will cause the administrative loss; but the filing of the appeal will not prevent the removal of the remedy in any state in order to promote the judicial action, nor will it urge that the remedy be made once the administrative appeal has been resolved.
ARTICLE 96. . The minister or secretary of the NATION PRESIDENCE in whose jurisdiction the auto-archic entity acts, will be competent to finally resolve the appeal.
ARTICLE 97. El 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 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 will limit itself to revoking the contested act, however, by modifying it or replacing it on an exceptional basis if it is justified by reason of public interest.
ARTICLE 98. . The rules contained in articles 90, part one, 91 and 92 will be applied supplemental.
ARTICLE 99. . Jurisdictional acts; 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 before the courts or before special administrative bodies with jurisdictional powers, the duty of the superior to control the juridicality of such acts is limited to the assumptions of manifest arbitrariness, grave error or gross violation of law. However, it must refrain from intervening and, if any, resolving, when administered has consented to the act or promoted .for deduction of those resources or actions la 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 that the National Executive Branch, ministers or secretaries of the Presidency of the Nation dictate in administrative remedies and that exhaust the instances of such remedies shall be subject only to the reconsideration provided for in article 84 of the Regulations 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. . Material errors rectification. . 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.
ARTICLE 102. . Clarification. . Within the CINCO (5) days computed from 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. . General administrative acts will have effects from their official publication and from the day they are determined; if they do not designate time, they will have effects after the OCHO (8) days, computed from the next to the official publication.
ARTICLE 104. . Except as provided in the previous article, the regulations relating to the organizational structure of the Administration and the internal orders, instructions or circulars, which shall enter into force without the need for that publication.
PART X
ARTICLE 105. . File reconstruction. . Checking the loss or loss of a file, it will be ordered within the DOS (2) days of its reconstruction by incorporating the copies of the writings and documentation provided by the data subject, of the reports and opinions produced, with the registration being recorded. If a resolution has been rendered, an authenticated copy of the resolution will be added, following the proceedings according to its status.
PART XI
ARTICLE 106. . Supplementary procedural rules. El The Code of Civil and Commercial Procedures of the Nation shall be applied in a supplementary manner to resolve matters not expressly provided for and, as long as it is not incompatible with the regime established by the Law on Administrative Procedures and by this regulation.
