Creates The Temporary Administrator Of Transportation

Original Language Title: CREA EL ADMINISTRADOR PROVISIONAL DE TRANSPORTE

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"(Artículo único.-Introdúcense las siguientes modificaciones en el artículo 3º de la ley Nº18.696: a) (change the fifth paragraph in the following way: i) delete the word" passenger transport"."

(ii) merge, immediately following the separate point, that will be followed, the following point: "in cases in which in accordance with the bidding rules correspond to apply the sanction of revocation of the concession, in virtue has been verified any of the grounds set out in them and in order to maintain and ensure the continuity of transport or complementary services services the Ministry of transport and telecommunications will appoint a provisional administrator for the companies that have been expired, from among natural persons that are registered in the public registry of provisional administrators which will take the Ministry. The administrator shall have the powers necessary to ensure compliance with the concession contract and, especially, those corresponding to the regular rotation of the company whose award has been expired, pointing to the law and the Statute for the directory or who do their times and Manager. The Provisional administrator will respond to slight fault in the exercise of their functions. Without limiting the foregoing, the person which is you has expired its concession for the reasons set forth in the bidding rules, will be disabled to arise again by itself or by any person, whether natural or legal, in the bidding process for the concession expired. "."

(b) Intercalanse following paragraphs sixth, seventh, and eighth, new: "the Ministry may make such designation since the resolution declaring the expiration is notified. Interposition of administrative and jurisdictional appeals against the resolution declaring the expiration of the concession will not suspend the appointment of provisional administrator. The Ministry of transport and telecommunications should appoint a new concessionaire within the maximum period of eighteen months, counted from the date in which the expiration has been enforceable, which may provide a new public tender or, for reasons of public interest and good service, when you check any of the assumptions set out in the second paragraph of this article You can also hire directly. The interim manager shall cease to hold office when it is removed by the Ministry of transport and telecommunications, is excluded the registration of provisional administrators or by the single Ministry of law when entering functions the new concessionaire. The rules shall lay down the terms and conditions for the appointment, accountability and cessation of the provisional administrator. The remuneration of the provisional administrator will be paid by the company expired charged to its income and fixed by the Ministry of transport and telecommunications and may not exceed 50% average remuneration perceived a general manager in this industry.

They are enforceable to the Interim Manager and the new awarded a concession expired, acts or contracts gratuitously, that have been entered into or executed by the expired dealer, to the detriment of the continuity of the service, from the hundred and twenty days prior to the date of the enactment of the resolution which the concession expires. They are also enforceable interim administrator and the successful tenderer of a concession expired, acts or contracts for pecuniary, which have been held or carried out by the expired dealer to the detriment of the continuity of the provision of the service, from the twelve months prior to the date of the enactment of the decree that expires the granting of bad faith being Contracting Parties. It is understood that parties are in bad faith, when both were aware of the poor state of the activities of the concession, which resulted in the revocation of the same. Shares granted in this article to the Interim Manager and the new successful bidder, will be prescribed for acts or contracts gratuitously, in term of twelve months, and acts or contracts for pecuniary, in term of twenty-four months from the date of the Act or contract unenforceable.

The Ministry of transport and telecommunications will adopt the necessary measures to ensure the continuity of the provision of the public service and safeguard the rights of the users of such services, and may require the assistance of the police force to secure full compliance orders, instructions and resolutions through the Ministry of the Interior,. "."

(c) Intercalanse following paragraphs ninth, tenth, eleventh, twelfth, thirteenth, fourteenth, fifteenth and tenth sixth, new: "the sanction of revocation applied to the concessionaire shall be imposed in accordance with the procedure established in the bidding rules, which in any case must contemplate the formulation of charges and its notification to the licensee, who shall have a period of not less than 5 working days to present their disclaimers.

The Ministry of transport and telecommunications should give rise to evidentiary measures that apply for the accused in their disclaimers, or reject them with expression of cause. However, the probationary term to be granted at the request of the licensee may not exceed 10 working days.

The resolution issued in final, which in any case should be founded, it must pronounce on the claims and defenses of the concessionaire.

Against the resolution that the penalty of forfeiture, may exercise, in writing, within 5 working days of its notification, appeal to the same authority which has issued the administrative act appealed against and, in subsidy, hierarchical resource it may be brought equal term. Within the following 30 working days, the contested authority shall take a decision on the required replenishment, using judgment to the effect. Refused totally or partially the replenishment, you will know the hierarchical appeal lodged secondarily.

Hierarchical recourse referred to in law No. 19.880, will be known and resolved by the Minister of transport and telecommunications.

Resolved the replacement and/or hierarchical appeal, the resolution shall be notified personally or by registered letter to the address that the dealer has registered with the Ministry of transport and telecommunications.

In matters not provided for by this article, apply supplementary rules laid down by the law Nº 19.880.

In case of suspension or cancellation of a service of transport or for revocation of a concession, the affected may appeal within a period of five working days, from the date of notification of the measure by registered letter to the Court of letters corresponding to the domicile of the plaintiff. The filing of this appeal will not suspend implementation of the measure, effect to be produced only in the case of the Court's decision be favourable to the appellant. This will know of the resource without form of trial, listening to the Ministry, with a history that provided and who deems necessary to require and shall issue its decision within a maximum period of 30 days. The ruling will be susceptible of appeal, devolutive effect only. "."

(d) replace, in the current ninth subparagraph, that following the amendments made to the previous letter it becomes 20th paragraph, the phrase "first and seventh paragraphs" by "first subparagraphs and 18th".

(e) delete the tenth paragraph.