LAW NO. 20,223 CREATES THE INTERIM TRANSPORT ADMINISTRATOR Having present that the National Congress has given its approval to the following Bill: " Single article.-Please introduce the following amendments to the article 3 of the law Nº18.696: a) Amend the fifth indent as follows: (i) Eliminate the expression "passenger transport". (ii) Incorporate, immediately following the separate point, which shall be followed, the following: " In cases in which the penalty is applied in accordance with the Bases of Tender The Ministry of Agriculture, the Ministry of Agriculture, the Ministry of Agriculture and the Ministry of Agriculture, the Ministry of Agriculture, the Ministry of Agriculture and the Ministry of Agriculture, the Ministry of Agriculture and the Ministry of Agriculture, Transport and Telecommunications may appoint an interim administrator for undertakings concessionaires that have been expired, from natural persons who are registered in the public register of provisional administrators that the Ministry will take into effect. The administrator shall have the necessary powers to ensure compliance with the concession contract and, in particular, those corresponding to the normal rotation of the undertaking whose concession has been expired, which the law and the statute indicate for the directory or whoever does his or her times and the manager. The Provisional Administrator shall be liable until minor fault in the performance of his duties. Without prejudice to the foregoing, the person to whom his concession has expired on the grounds established in the bidding bases shall be disabled to be presented again in case of person, whether natural or legal, in the tendering process for the expired concession. "(b) The following sixth, seventh and eighth, new points shall be inserted:" The Ministry may make such a designation since the decision declaring the expiry has been notified. The interposition of administrative and jurisdictional resources against the decision declaring the expiry of the concession shall not suspend the appointment of the interim administrator. The Ministry of Transport and Telecommunications shall designate a new concessionaire within the maximum period of eighteen months, from the date on which the expiry date has been implemented, for which a new invitation to tender may be available. public or, for reasons of public interest and good service, when any of the assumptions set out in the second paragraph of this article are verified, you may also contract directly. The provisional administrator shall cease his duties when he is removed by the Ministry of Transport and Telecommunications, be excluded from the Register of Administrative Managers or by the sole ministry of law when he enters into office. new concessionaire. The Regulation shall lay down the terms and conditions for the appointment, surrender and cessation of the provisional administrator. The remuneration of the interim administrator shall be paid by the expired company from its revenue and fixed by the Ministry of Transport and Telecommunications and shall not exceed 50% of the average remuneration received by a manager. general of this industry. They are inapplicable to the provisional administrator and the new successful tenderer of an expired concession, the acts or contracts awarded free of charge, which have been concluded or executed by the expired dealer, to the detriment of the continuity of the service, from one hundred and twenty days prior to the date of the judgment of the decision that expires the concession. They are also inapplicable to the provisional administrator and to the successful tenderer of an expired concession, the acts or contracts for consideration, which have been concluded or executed by the expired dealer to the detriment of the continuity of the the provision of the service, from the twelve months preceding the date of the decree of the decree which expires the concession, the contracting parties being in bad faith. It is understood that the parties are in bad faith, when both knew the bad state of the concession's own activities, which resulted in the expiration of the concession. The actions referred to in this Article to the interim administrator and to the new successful tenderer shall be prescribed, in the case of acts or contracts awarded free of charge, within 12 months, and in the case of acts or contracts for consideration in the a term of 24 months from the date of conclusion of the act or contract. The Ministry of Transport and Telecommunications shall take the necessary measures to ensure the continuity of the provision of the public service and to safeguard the rights of the users of those services, which may require, through the Ministry of the Interior, the aid of the public force in order to obtain full compliance with its orders, instructions and resolutions. " (c) Intercalanse the following points ninth, tenth, eleventh, twelfth, tenth third, tenth fourth, tenth fifth and tenth sixth, new: " The sanction of expiration applied to the concessionaire must be imposed in accordance with the procedure laid down in the tendering procedures, which must in any event provide for the formulation of the charges and their notification to the concessionaire, who shall have a period of not less than 5 working days to present their Discards. The Ministry of Transport and Telecommunications shall give rise to the evidentiary measures requested by the Ministry of Transport and Telecommunications, or shall reject them with an expression of cause. However, the probative term to be granted at the request of the concessionaire may not exceed 10 working days. The final decision, which must in any event be founded, must be made on the basis of the arguments and defences of the concessionaire. Contrary to the judgment which applies the penalty for revocation, it may be exercised, in writing, within 5 working days of its notification, a replacement for the same authority from which the administrative act has emanated. (i) the use of the information provided for in this Decision; Within the following 30 working days, the requested authority shall act on the requested replacement, by means of a decision rendered to that effect. Rejected in whole or in part the replacement, shall be known from the hierarchical action subsisting. The hierarchical resource referred to in Law No. 19,880, will be known and resolved by the Minister of Transport and Telecommunications. If the replacement and/or the hierarchical resource are resolved, the resolution shall be notified personally or by registered letter addressed to the address that the dealer has registered with the Ministry of Transport and Telecommunications. As not provided for in this article, the rules laid down in Law No 19,880 shall apply. In the event of suspension or cancellation of a transport service or the expiry of a concession, the person or persons concerned may, within a period of five working days, be counted from the date of notification of the measure by registered letter. the court of letters corresponding to the address of the affected person. The application of the measure will not be suspended by the application of the measure, which will be the case only if the Court's decision is favourable to the appellant. This will be known to the resource without trial, hearing the Ministry, with the background that is provided and the ones it deems necessary to require and must issue its ruling within a maximum period of 30 days. The judgment shall be subject to appeal, in the sole effect of return. "(d) Substitute, in the current ninth indent, which after the modifications introduced in the preceding letter becomes point twenty, the phrase" first and seventh " by "first and tenth eighth". (e) The tenth indent is assumed. Transitional Article.-The President of the Republic shall establish, by means of a supreme decree issued by the Ministry of Transport and Telecommunications, the requirements that will be required to register in the Register of the referred to in the fifth paragraph of Article 3 of this Law and the grounds for the exclusion thereof. Contrary to the resolutions on these matters, in accordance with this decree, the resources referred to in Law No 19,880 shall be made. " And because I have had to approve and sanction it; therefore, promulgate and take effect as the Law of the Republic. Santiago, 9 October 2007.-MICHELLE BACHELET, President of the Republic.-René Cortazar Sanz, Minister of Transport and Telecommunications. What I transcribe to you for your knowledge.-Salutes intently to Ud., Danilo Núñez Izquierdo, Deputy Minister of Transport.