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LAW 1437 OF 2011
(January 18)
Official Journal No. 47.956 of 18 January 2011
308 >
CONGRESS OF THE REPUBLIC
For which the Administrative Procedure Code and the Administrative Contentious Code are issued.
COLOMBIA CONGRESS
DECRETA:
ADMINISTRATIVE procedure.
GENERAL PROVISIONS.
PURPOSE, SCOPE, AND PRINCIPLES.
ARTICLE 1o. PURPOSE OF THE FIRST PART. The rules of this Part First aim to protect and guarantee the rights and freedoms of persons, the primacy of general interests, the subjection of the authorities to the Constitution and other the precepts of the legal system, the fulfillment of the state's objectives, the efficient and democratic functioning of the administration, and the observance of the duties of the State and of the individuals.
ARTICLE 2o. APPLICATION. The rules of this Part One of the Code apply to all bodies and entities that make up the branches of public power in their various orders, sectors and levels, to the autonomous and independent bodies of the State and individuals, when they fulfil administrative functions. They will all be given the name of authorities.
The provisions of this Part First shall not apply to military or police procedures which by their nature require immediate application decisions, to prevent or remedy public order disturbances in the defence aspects. national, security, tranquility, wholesomeness, and movement of people and things. Nor shall they apply to exercise the faculty of free appointment and removal.
The authorities will subject their actions to the procedures laid down in this Code, without prejudice to procedures governed by special laws. The provisions of this Code shall apply where the provisions of this Code apply.
ARTICLE 3o. PRINCIPLES. All authorities shall interpret and apply the provisions governing administrative proceedings and procedures in the light of the principles enshrined in the Political Constitution, in Part I of this Code and in special laws.
Administrative actions shall be developed, in particular, in accordance with the principles of due process, equality, impartiality, good faith, morality, participation, responsibility, transparency, publicity, coordination, effectiveness, economy and speed.
1. By virtue of the principle of due process, the administrative proceedings shall be brought forward in accordance with the rules of procedure and jurisdiction laid down in the Constitution and the law, with full assurance of the rights of representation, defence and contradiction.
In administrative matters, the principles of legality of the faults and the sanctions, of presumption of innocence, of no reform in pejus and non bis in idem, will be observed in addition.
2. Under the principle of equality, the authorities will give equal treatment and protection to the persons and institutions involved in the proceedings under their knowledge. However, special treatment and protection shall be the subject of persons who, due to their economic, physical or mental condition, are in circumstances of manifest weakness.
3. In accordance with the principle of impartiality, the authorities must take account of the fact that the purpose of the procedures is to ensure and guarantee the rights of all persons without discrimination and without taking into account factors of affection or interest and, in general, any kind of subjective motivation.
4. By virtue of the principle of good faith, the authorities and individuals shall presume the loyal and faithful behaviour of each other in the exercise of their powers, rights and duties.
5. By virtue of the principle of morality, all people and public servants are obliged to act with righteousness, loyalty and honesty in administrative actions.
6. By virtue of the principle of participation, the authorities will promote and address the initiatives of citizens, organizations and communities to intervene in the processes of deliberation, formulation, execution, control and evaluation of the public management.
7. By virtue of the principle of responsibility, the authorities and their agents will bear the consequences for their decisions, omissions or overpowers, in accordance with the Constitution, laws and regulations.
8. Under the principle of transparency, the administrative activity is in the public domain, so everyone can know the actions of the administration, except for legal reservation.
9. By virtue of the principle of publicity, the authorities shall make known to the public and to the persons concerned, in a systematic and permanent manner, without any request, their acts, contracts and resolutions, by means of communications, notifications and publications that order the law, including the use of technologies that permit the mass dissemination of such information in accordance with the provisions of this Code. Where the person concerned is required to bear the cost of the publication, the publication may in no case exceed the value of the publication.
10. By virtue of the principle of coordination, the authorities will arrange their activities with those of other state authorities in the performance of their tasks and in the recognition of their rights to individuals.
11. By virtue of the principle of effectiveness, the authorities will seek to ensure that the procedures achieve their purpose and, for that purpose, will automatically remove the purely formal obstacles, avoid any decision to inhibit, delay or delay, and In accordance with this Code, the procedural irregularities to be presented, in order to ensure the effectiveness of the material right which is the subject of administrative action.
12. Under the principle of economy, the authorities will have to proceed with austerity and efficiency, optimise the use of time and other resources, seeking the highest level of quality in their actions and the protection of the rights of the persons.
13. By virtue of the principle of speed, the authorities will be able to operate the procedures officially, and encourage the use of information and communications technologies, in order to ensure that procedures are brought forward with due diligence. the legal terms and without undue delay.
ARTICLE 4. WAYS TO INITIATE ADMINISTRATIVE ACTIONS. Administrative actions can be started:
1. For those exercising the right of petition, in the general interest.
2. For those exercising the right of petition, in particular interest.
3. For those who work in compliance with an obligation or legal duty.
4. By the authorities, officiously.
RIGHTS, DUTIES, BANS, IMPEDIMENTS, AND RECUSES.
ARTICLE 5. RIGHTS OF PERSONS TO THE AUTHORITIES. In their relations with the authorities, everyone has the right to:
1. To submit petitions in any of its modalities, verbally, or in writing, or by any other suitable means and without the need for a proxy, as well as to obtain information and guidance about the requirements that the current provisions require for this purpose.
The previous actions may be advanced or promoted by any technological or electronic means available in the entity, even outside of the hours of public attention.
2. Know, except express legal reservation, the state of any performance or processing and obtain copies, at its cost, of the respective documents.
3. Except for legal reservation, obtain information to repose in the public records and archives in the terms provided for by the Constitution and the laws.
4. Get timely and effective response to your requests within the deadlines set for the effect.
5. To be treated with respect and consideration due to the dignity of the human person.
6. Receive special and preferential care in the case of persons with disabilities, children, girls, adolescents, pregnant women or older adults, and in general of persons in a state of defenselessness or of manifest weakness in accordance with Article 13 of the Political Constitution.
7. To demand the fulfilment of the responsibilities of public servants and individuals who fulfil administrative functions.
8. To make representations and to provide documents or other evidence in any administrative action in which it is of interest to the authorities to be valued and taken into account by the authorities at the time of the decision and to the inform the intervener of the outcome of their participation in the relevant procedure.
9. Any other that recognizes the Constitution and the laws.
ARTICLE 6o. PEOPLE ' S DUTIES. Correlative with the rights they are given, people have, in the actions before the authorities, the following duties:
1. Abide by the Constitution and the laws.
2. Act in accordance with the principle of good faith, refraining from using dilatory maneuvers in the actions, and to carry out or contribute, knowingly, false statements or documents or make rash statements, among other behaviors.
3. Exercise their rights with responsibility, and consequently refrain from repeating clearly impropriety requests.
4. Observe respectful treatment with public servants.
PARAGRAFO. The failure to perform these duties cannot be invoked by the administration as a pretext to ignore the right claimed by the individual. However, it may give rise to the criminal, disciplinary or police sanctions that may be applicable under the law.
ARTICLE 7o. DUTIES OF THE AUTHORITIES IN THE ATTENTION OF THE PUBLIC. The authorities will have, in front of the persons before them, and in relation to the matters they are dealing with, the following duties:
1. Give respectful, considerate and diligent treatment to all people without distinction.
2. Ensure personal attention to the public, at least for forty (40) hours per week, which will be distributed at times that meet the needs of the service.
3. Attend to all persons who have entered their offices within the normal hours of care.
4. Establish a system of shifts according to the needs of the service and the new technologies, for the orderly attention of requests, complaints, complaints or complaints, without prejudice to the article 6 of the article 5or this Code.
5. To issue, to make visible and to update annually a letter of dignified treatment to the user where the respective authority specifies all the rights of the users and the means placed at their disposal to guarantee them effectively.
6. To process requests that arrive via fax or electronic means, in accordance with the provisions of article 5or of this Code.
7. Attribute to specialized agencies the function of addressing complaints and complaints, and giving guidance to the public.
8. Adopt technological means for the processing and resolution of petitions, and allow the use of alternative means for those who do not have them.
9. To enable suitable spaces for the consultation of files and documents, as well as for the comfortable and orderly attention of the public.
10. Everyone else who points out the Constitution, the law and the regulations.
ARTICLE 8o. DUTY OF INFORMATION TO THE PUBLIC. The authorities shall keep at the disposal of all persons complete and up-to-date information, on the site of attention and on the electronic page, and supply it through the printed and electronic means available to them, and by means of telephone or by mail, about the following aspects:
1. The basic rules that determine your competence.
2. The functions of its various dependencies and the services they provide.
3. The regulations, procedures, procedures and terms to which the actions of the individuals are subject to the respective agency or entity.
4. The general administrative acts which they issue and the documents of public interest relating to each of them.
5. The documents to be supplied by the persons according to the action in question.
6. The dependences responsible according to the performance, their location, the working hours and other indications that are necessary to enable everyone to fulfil their obligations or to exercise their rights.
7. The dependency, and the charge or name of the server to which you should address in case of a complaint or claim.
8. Specific regulatory projects and the information on which they are based, in order to receive alternative opinions, suggestions or proposals. For this purpose, they shall indicate the time limit within which observations may be submitted, of which public records shall be left. In any case, the authority will adopt the decision autonomously which in its opinion will serve the general interest better.
PARAGRAFO. To obtain this information in no case will the presence of the data subject be required.
ARTICLE 9o. PROHIBITIONS. The authorities are especially forbidden:
1. Refuse to receive the petitions or to issue constances thereon.
2. Refuse to receive the written, private statements or liquidations necessary to comply with a legal obligation, which is not to prevent the petitioner from any deficiencies in his or her performance or the writing that he presents.
3. Require the personal filing of petitions, resources or documents when the law does not require it.
4. Require constances, certifications or documents to be reposed in the respective entity.
5. Require documents not provided for by the applicable legal rules to the procedures in which the management is involved or to create additional requirements or formalities in accordance with Article 84 of the Political Constitution.
6. To reproduce acts suspended or cancelled by the Jurisdiction of the Administrative Contentious when the legal bases of the cancellation or suspension have not disappeared.
7. Assign the orientation and attention of the citizen to staff who are not trained to do so.
8. Refuse to receive the writings of interposition and support of resources.
9. Do not transfer the documents received to the person to decide, within the legal term.
10. Delay in an unjustified manner the production of the act, its communication or notification.
11. Execute an act that is not firm.
12. To extend or to enter into compliance with firm decisions or judicial providences.
13. Not to do what is legally necessary to include sufficient appropriations for the execution of the sentences that condemn the administration within the public budgets.
14. Do not practice the tests in good time or deny the request without a fair cause.
15. Enter the notification of the acts and providences that require this formality.
16. To intimidate in any way those who wish to come before the Jurisdiction of the Administrative Contentious for the control of their actions.
ARTICLE 10. DUTY OF UNIFORM APPLICATION OF THE RULES AND THE CASE-LAW. When resolving the matters of their jurisdiction, the authorities shall apply the constitutional, legal and regulatory provisions in a uniform manner to situations which have the same factual and legal assumptions. For this purpose, when adopting the decisions of their jurisdiction, they shall take into account the judgments of the Council of State in which the rules are interpreted and apply.
ARTICLE 11. CONFLICTS OF INTEREST AND CAUSES OF IMPAIRMENT AND RECUSAL. When the general interest of the public function is in conflict with the direct and direct interest of the public servant, it must be declared impeded. Any public servant who has to advance or substantiate administrative proceedings, conduct investigations, practice tests or make final decisions may be challenged if he does not express his or her impediment to:
1. Having a particular and direct interest in the regulation, management, control or decision of the matter, or having their spouse, partner or permanent companion, or any of their relatives within the fourth degree of consanguinity, second of affinity or civil first, or your partner or partners in fact or in law.
2. To have known about the subject, in previous opportunity, the server, his spouse, permanent partner or any of his relatives indicated in the preceding number.
3. Be the server, your spouse, permanent partner or any of your relatives above, curator or guardian of person interested in the matter.
4. Be any of the interested in the administrative action: representative, proxy, dependent, president or business administrator of the public servant.
5. There shall be a dispute or dispute with administrative or judicial authorities between the server, its spouse, permanent partner, or any of its relatives indicated in the numeral 1, and any of the persons concerned with the action, its representative or proxy.
6. Have formulated any of the interested in the performance, their representative or proxy, criminal complaint against the server, their spouse, permanent partner, or relative until the second degree of consanguinity, second of affinity or first civil, before the administrative action to be initiated; or thereafter, provided that the complaint relates to facts outside the scope of the action and that the complaint is linked to the criminal investigation.
7. Having formulated the server, its spouse, permanent partner or relative until the second degree of consanguinity, second of affinity or first civil, criminal complaint against one of the persons interested in the administrative action or its representative or proxy, or be those entitled to intervene as a civil party in the respective criminal proceedings.
8. There shall be serious enmity for events other than administrative action or friendship between the server and some of the persons concerned in the administrative action, its representative or proxy.
9. Be the server, your spouse, permanent partner or any of your relatives in second degree of consanguinity, first of affinity or first civil, creditor or debtor of some of the persons interested in the administrative action, your representative or proxy, except in the case of a person governed by public law, credit establishment or a public limited liability company.
10. Be the server, your spouse, permanent partner or any of your relatives listed in the previous number, partner of some of the persons interested in the administrative action or your representative or manager in society of persons.
11. To have given the server advice or concept outside of the administrative action on the issues matter of the same, or to have intervened in it as a proxy, Agent of the Public Ministry, expert or witness. However, the references or explanations which the public servant may make to the content of a decision taken by the administration shall not be of a nature.
12. To be the server, your spouse, permanent partner or any of your relatives listed in the numeral 1, heir or legatee of some of the persons interested in the administrative action.
13. Have the server, their spouse, permanent partner or any of their relatives in second degree of consanguinity or first civil, pending administrative decision in which the same legal question that must be resolved is reversed.
14. To have made part of lists of candidates for collegiate bodies of popular choice registered or integrated also by the interested party in the electoral period coincident with the administrative performance or in one of the two previous periods.
15. It has been recommended by the person concerned in the performance to arrive at the position held by the public servant or be indicated by the public servant as a reference for the same purpose.
16. Within the previous year, have had direct interest or have acted as representative, adviser, president, manager, director, board member or partner of union, union, society, association or social or economic group interested in the subject matter of definition.
ARTICLE 12. PROCESSING OF THE IMPEDIMENTS AND RECUSAL. In case of impediment the server will send within three (3) days following to your knowledge the performance with written reasoned to the superior, or if you do not have it, to the head of the respective sector administrative. In the absence of all the former, the Attorney General of the Nation when it comes to national authorities or the Mayor of the Capital District, or to the regional attorney in the case of the territorial authorities.
The competent authority shall decide on the impairment within ten (10) days from the date of receipt. If you accept the impediment, you will determine who the subject's knowledge corresponds to, and if necessary, you can designate an ad hocofficial. In the same act he shall order the delivery of the file.
When any person presents a recusal, the recusal will manifest whether or not to accept the invoked causal, within five (5) days after the date of its formulation. After this term, the procedure indicated in the previous paragraph will be followed.
The administrative action will be suspended from the event of the impediment or from the presentation of the challenge, until when it is decided. However, the computation of the terms for the administrative silence to proceed will be restarted once the deadlines referred to in paragraph 1 of this article have expired.
REQUEST RIGHT.
PETITION RIGHT TO AUTHORITIES. GENERAL RULES.
ARTICLE 13. OBJECT AND MODALITIES OF THE RIGHT OF PETITION TO AUTHORITIES. <Article as amended by article 1 of Law 1755 of 2015. The new text is as follows: > Everyone has the right to submit respectful requests to the authorities, in the terms indicated in this code, for reasons of general or particular interest, and to obtain prompt and complete resolution about the same.
Any action initiated by any person before the authorities implies the exercise of the right of petition enshrined in Article 23 of the Political Constitution, without it being necessary to invoke it. It may be requested, inter alia, for: recognition of a right, the intervention of an entity or an official, the resolution of a legal situation, the provision of a service, the request for information, consultation, examination and require copies of documents, formulate queries, complaints, complaints, and claims and interject resources.
The exercise of the right of petition is free of charge and can be carried out without the need for representation through a lawyer, or by a larger person in the case of minors in relation to entities dedicated to their protection or training.
ARTICLE 14. TERMS FOR RESOLVING THE VARIOUS MODES OF REQUESTS. <Article as modified by article 1 of Act 1755 of 2015. The new text is as follows: > Except special legal standard and subject to disciplinary punishment, any request must be resolved within fifteen (15) days after its receipt. The resolution of the following requests shall be subject to special termination:
1. Requests for documents and information must be resolved within ten (10) days of receipt. If in that period no reply has been given to the petitioner, it shall be understood, for all legal purposes, that the respective application has been accepted and, therefore, the administration may no longer deny the delivery of such documents to the petitioner, and as a result copies will be delivered within three (3) days.
2. The requests by which a consultation of the authorities in relation to the matters in question is raised must be resolved within thirty (30) days after their receipt.
PARAGRAFO. When it is exceptionally not possible to resolve the request within the periods mentioned above, the authority must inform the interested party of this circumstance before the expiration of the term stated in the law. expressing the reasons for the delay and indicating at the same time the reasonable time limit for the decision or the response, which may not exceed twice the initially planned.
ARTICLE 15. SUBMISSION AND FILING OF PETITIONS. <Article as amended by article 1 of Act 1755 of 2015. The new text is as follows: > Requests may be submitted verbally and must be recorded, or in writing, and through any suitable means for the communication or transfer of data. The resources shall be presented in accordance with the special rules of this code.
When a request is not accompanied by the documents and information required by law, in the act of receipt the authority shall indicate to the petitioner those who are missing.
If the latter insists that it be radiated, this will be done with a record of the missing requirements or documents. If the person who submits a verbal request is aware that he has submitted it, the official shall issue it in a succinct manner.
The authorities may require certain requests to be submitted in writing, and shall make it available to those concerned at no cost, unless a law expressly states otherwise, forms and other standardized instruments to facilitate Their diligence. In any event, the petitioners will not be prevented from providing or formulating with their request arguments, tests or additional documents that the forms do not contemplate, without the authorities being relieved of the duty of to resolve all aspects and evidence that are raised or presented to them beyond the content of such forms.
The written request may be accompanied by a copy which, received by the respective official with an annotation of the date and time of its presentation, and of the number and class of the documents annexed, shall have the same legal value of the original and shall be returned the data subject through any suitable means for the communication or transfer of data. This authentication will not cause any cost to the requester.
PARAGRAFO 1o. In case the request is sent through any suitable means for communication or data transfer, it will have the date and time data, as well as the number and class of documents received, those recorded in the means by which the documents were received.
PARAGRAFO 2o. No authority will be able to refuse the receipt and radication of respectful requests and requests.
PARAGRAFO 3o. When the request is presented verbally, it must be performed in the office or dependency that each entity defines for that purpose. The National Government shall regulate the matter within a period of no more than ninety (90) days from the enactment of this law.
ARTICLE 16. CONTENT OF REQUESTS. <Article as amended by article 1 of Act 1755 of 2015. The new text is as follows: > Any request must contain at least:
1. The designation of the authority to which it is addressed.
2. The full names and surnames of the applicant and his/her representative and/or proxy, if applicable, with an indication of his/her identity document and the address in which he/she will receive correspondence. The petitioner may add the fax number or the e-mail address. If the petitioner is a private person who must be registered in the business register, he must indicate his or her electronic address.
3. The object of the request.
4. The reasons on which you base your request.
5. The relationship of the documents that you want to present to start the process.
6. The signature of the petitioner when this is the case.
PARAGRAFO 1o. The authority has an obligation to examine the request integrally, and in no case will it be considered incomplete due to a lack of requirements or documents that are not within the current legal framework. are required to resolve it or are within its files.
PARAGRAFO 2o. In no case may the request be rejected for improper or incomplete grounds.
ARTICLE 17. INCOMPLETE REQUESTS AND TACIT WITHDRAWAL. <Article as amended by article 1 of Act 1755 of 2015. The new text is as follows: > By virtue of the principle of effectiveness, when the authority finds that an already established petition is incomplete or that the petitioner must carry out a management procedure in his capacity, necessary to adopt a decision of fund, and that the performance can continue without opposing the law, will require the petitioner within ten (10) days following the date of the filing to complete it at the maximum term of one (1) month.
From the next day on which the interested party provides the required documents or reports, the term will be reactivated to resolve the request.
The petitioner shall be deemed to have withdrawn from his application or from the action where he does not satisfy the requirement, except that before the expiry of the period granted he applies for an extension to the same term.
Due to the terms set out in this article, without the petitioner having fulfilled the requirement, the authority shall decree the withdrawal and file of the file, by means of a reasoned administrative act, which shall be notified personally, against which only replacement is to be made, without prejudice to the fact that the respective application may be refiled with the full of the legal requirements.
ARTICLE 18. EXPRESS WITHDRAWAL OF THE PETITION. <Article as amended by article 1 of Law 1755 of 2015. The new text is as follows: > Interested parties may withdraw at any time from their requests, without prejudice to the fact that the respective application may be refiled with the full of the legal requirements, but the authorities may continue to act on their own initiative if they consider it necessary for reasons of public interest; in that case they shall issue a reasoned decision.
ARTICLE 19. DISRESPECTFUL, OBSCURE OR REITERATIVE REQUESTS. <Article as amended by article 1 of Act 1755 of 2015. The new text is as follows: > Any request must be respectful of the penalty of rejection. Only when the purpose or object of the request is not understood, the data subject shall be returned to the data subject for correction or clarification within the following ten (10) days. If it is not corrected or clarified, the request will be filed. In no case will requests be returned that are considered to be inadequate or incomplete.
With regard to repeated requests for a resolution, the authority may refer to the above answers, except in the case of imprescriptible rights, or requests that have been denied for failing to prove requirements, provided that in the new request is subsane.
ARTICLE 20. PRIORITY REQUESTS ATTENTION. <Article as amended by article 1 of Act 1755 of 2015. The new text is as follows: > The authorities will give priority attention to requests for recognition of a fundamental right when they need to be resolved in order to avoid an irremediable harm to the petitioner, who must summarily prove the ownership of the right and the risk of the injury invoked.
Where, for reasons of health or personal safety, the life or integrity of the recipient of the measure requested is imminent, the authority shall immediately take the necessary emergency measures to prevent such danger, without prejudice to the processing of the request. If the request is made by a journalist, for the exercise of its activity, it shall be treated in preference.
ARTICLE 21. OFFICIAL WITHOUT COMPETENCE. <Article as amended by article 1 of Act 1755 of 2015. The new text is as follows: > If the authority to whom the request is addressed is not the competent authority, the person concerned shall be informed immediately if he is acting verbally, or within five (5) days of receipt, if he has written. Within the term referred to it shall forward the request to the competent authority and send a copy of the remisory office to the petitioner or if there is no competent official so he shall communicate it. The terms for deciding or responding shall be counted from the day following the receipt of the Request by the competent authority.
ARTICLE 22. ORGANIZATION FOR THE INTERNAL PROCESSING AND DECISION OF THE PETITIONS. <Article as amended by article 1 of Law 1755 of 2015. The new text is as follows: > The authorities will regulate the internal processing of the petitions to be resolved, and the way to address complaints to ensure the proper functioning of the services in charge.
When more than ten (10) people formulate similar requests, information, general interest or consultation requests, the Administration may give a single response that will publish in a journal of wide circulation, put it on its website and deliver copies of the same to those who request them.
ARTICLE 23. SPECIAL DUTIES OF THE DISTRICT AND MUNICIPAL PERSONS AND THE SERVANTS OF THE ATTORNEY GENERAL ' S OFFICE AND THE OMBUDSMAN. <Article as amended by article 1 of Law 1755 of 2015. The new text is as follows: > The servers of the Office of the Attorney General of the Nation, the Ombudsman's Office, as well as the district and municipal personnel, according to the competition orbit, have the duty to provide effective assistance and (a) to ensure that any person who requests it is immediately entitled to exercise the constitutional right of petition. If necessary, they must intervene with the competent authorities in order to require them, in each specific case, to comply with their legal duties. They shall also receive, in place of such authorities, the requests, complaints, complaints or appeals that those authorities have refrained from receiving, and shall be satisfied with their due process.
PETITION RIGHT TO AUTHORITIES. SPECIAL RULES.
ARTICLE 24. INFORMATION AND DOCUMENTS RESERVED. <Article as amended by article 1 of Law 1755 of 2015. The new text is as follows: > Only information and documents expressly subject to reservation by the Political Constitution or the law, and in particular:
1. Those related to national defense or security.
2. Instructions on diplomatic matters or on reserved negotiations.
3. Those involving rights to the privacy and privacy of persons, including in the life sheets, work history and pension files and other records of staff working in the archives of public or private institutions, as well as the medical history.
4. Those relating to the financial conditions of the public credit and treasury operations carried out by the nation, as well as to the technical studies of valuation of the nation's assets. These documents and information shall be subject to reservation for a term of six (6) months from the completion of the respective operation.
S. The data concerning financial and commercial information, in the terms of the Statue Law 1266 of 2008.
6. Those protected by commercial or industrial secrecy, as well as the strategic plans of public utilities.
7. Those covered by professional secrecy.
8. Human genetic data.
PARAGRAFO. For the purpose of the request for reserved character information, set forth in numerals 3, 5, 6, and 7 may only be requested by the information holder, by its proxies or by authorized persons with express faculty to access that information.
ARTICLE 25. REJECTION OF REQUESTS FOR INFORMATION BY REASON OF RESERVATION. <Article as amended by article 1 of Law 1755 of 2015. The new text is as follows: > Any decision rejecting the request for information or documents shall be motivated, accurately indicate the legal provisions preventing the delivery of relevant information or documents and must be notified to the petitioner. Against a decision rejecting the request for information or documents for reasons of legal reservation, no recourse should be made, except as provided for in the following Article.
The legal reservation restriction will not extend to other parts of the respective case or performance that are not covered by it.
ARTICLE 26. APPLICANT ' S INSISTENCE IN CASE OF RESERVATION. <Article as amended by article 1 of Act 1755 of 2015. The new text is as follows: > If the person concerned insists on his or her request for information or documents before the authority invoking the reservation, it shall be the responsibility of the Administrative Court with jurisdiction in the place where the documents, whether they are national, departmental or Bogota Capital District authorities, or the administrative judge if it is district and municipal authorities to decide in a single instance whether or not the case is denied or accepted. request formulated.
To do so, the respective official will send the relevant documentation to the court or administrative judge, which will decide within the next ten (10) days. This term will be interrupted in the following cases:
1. When the court or the administrative judge requests a copy or photocopy of the documents on which disclosure it is required to decide, or any other information they require, and until the date on which it is officially received.
2. Where the authority requests, to the section of the Council of State that the regulation has, to take cognizance of the matter in consideration of its legal importance or in order to unify criteria on the subject. If at the end of five (5) days the section is silent, or decides not to take knowledge, the performance will continue before the respective court or administrative court.
ARTICLE 27. INAPPLICABILITY OF EXCEPTIONS. <Article as amended by article 1 of Act 1755 of 2015. The new text is as follows: > The reserved character of an information or certain documents shall not be relied upon by the judicial, legislative authorities or administrative authorities which are constitutional or legally competent. for this purpose, request them for the proper exercise of their duties. It is up to these authorities to ensure the reservation of information and documents that they come to know in development as provided for in this article.
ARTICLE 28. SCOPE OF CONCEPTS. <Article as amended by article 1 of Act 1755 of 2015. The new text is as follows: > Except legal provision to the contrary, the concepts issued by the authorities as responses to requests made in exercise of the right to formulate consultations will not be mandatory or execution.
ARTICLE 29. REPRODUCTION OF DOCUMENTS. <Article as amended by article 1 of Law 1755 of 2015. The new text is as follows: > In no case will the price of the copies exceed the value of the reproduction. The costs of issuing the copies shall be borne by the person concerned in obtaining them.
The value of the reproduction may not exceed the commercial value of reference on the market.
ARTICLE 30. REQUESTS BETWEEN AUTHORITIES. <Article as amended by article 1 of Act 1755 of 2015. The new text is as follows: > When an authority makes a request for information or documents to another, it must resolve it in a term not greater than ten (10) days. In other cases, it shall resolve the requests within the time limits provided for in Article 14
ARTICLE 31. DISCIPLINARY MISCONDUCT. <Article as amended by article 1 of Act 1755 of 2015. The new text is as follows: > The lack of attention to the petitions and the terms to resolve, the violation of the prohibitions and the lack of knowledge of the rights of the persons in question this Part First of the Code, will constitute the public servant is missing and will give rise to the corresponding penalties in accordance with the disciplinary regime.
RIGHT OF PETITION TO PRIVATE ORGANIZATIONS AND INSTITUTIONS.
ARTICLE 32. RIGHT OF PETITION TO PRIVATE ORGANIZATIONS TO GUARANTEE FUNDAMENTAL RIGHTS. <Article as amended by article 1 of Law 1755 of 2015. The new text is as follows: > Everyone may exercise the right of petition to guarantee their fundamental rights to private organizations with or without legal status, such as corporations, corporations, foundations, associations, religious organisations, cooperatives, financial institutions or clubs.
Except special legal rule, the processing and resolution of these requests shall be subject to the principles and rules set forth in Chapter I of this Title.
Private organizations may only invoke the reservation of the information requested in the cases expressly provided for in the Political Constitution and the law.
Requests to companies or persons who administer files and databases of a financial, credit, commercial, service and other data from third countries will be governed by the provisions of the Law of the Law of the Habeas Data.
PARAGRAFO 1o. This right may also be exercised before natural persons when the applicant is in situations of defencelessness, subordination or the natural person is exercising a the dominant position or function against the petitioner.
PARAGRAFO 2o. The municipal and district persons and the Ombudsman's Office shall provide effective and immediate assistance to any person who requests it, in order to guarantee the exercise of the constitutional right of petition who has exercised or wishes to exercise before private organisations or institutions.
PARAGRAFO 3o. No private entity may refuse to receive and file respectful requests and requests, subject to penalties and/or fines by the competent authorities.
ARTICLE 33. RIGHT OF PETITION OF USERS TO PRIVATE INSTITUTIONS. <Article as amended by article 1 of Law 1755 of 2015. The new text is as follows: > Without prejudice to the provisions of special laws, the Family Compensation Banks, the Institutions of the System of Integral Social Security, the entities that make up the financial system, and the those undertakings which provide public services and public service homes, which are governed by private law, shall be applied in their relations with the users, as appropriate, with the provisions on the right of petition provided for in the two previous chapters.
GENERAL ADMINISTRATIVE PROCEDURE.
GENERAL RULES.
ARTICLE 34. COMMON AND MAIN ADMINISTRATIVE PROCEDURE. Administrative actions shall be subject to the common and principal administrative procedure laid down in this Code, without prejudice to administrative procedures governed by law. special. The provisions of this Part I of the Code shall apply as far as is not provided for in those laws.
ARTICLE 35. PROCEEDINGS AND HEARINGS. The administrative procedures shall be brought forward in writing, verbally, or by electronic means in accordance with the provisions of this Code or the law.
When the authorities proceed on their own initiative, the administrative procedures may only be initiated by writing, and by electronic means only when they are authorized by this Code or the law, and must inform the initiation of the action to the interested in the exercise of the right of defence.
The authorities will be able to decree the practice of hearings in the course of the actions in order to promote citizen participation, to ensure the right of contradiction, or to contribute to the early adoption of decisions. It shall be recorded from any hearing as to what happened in it.
ARTICLE 36. TRAINING AND EXAMINATION OF FILES. Documents and proceedings relating to the same action shall be organised in a single file, to which they shall be accumulated, in order to avoid conflicting decisions, either on their own initiative or at the request of the person concerned, any other that are dealt with by the same authority.
If the actions are dealt with by different authorities, the accumulation will be made in the entity or body where the first performance was performed. If any of them is opposed to cumulation, the mechanism for defining administrative powers may be without further processing.
With documents that are reserved for the Constitution or the law of the Political Constitution and work within a file, a separate notebook will be made.
Any person shall have the right to examine the files in the state in which they are located, except for the documents or notebooks subject to reservation and to obtain copies and certifications thereon, which shall be delivered within the prescribed time limits. in article 14.
ARTICLE 37. DUTY TO COMMUNICATE ADMINISTRATIVE ACTIONS TO THIRD. When in an administrative action of particular and specific content the authority warns that third parties may be directly affected by the decision, communicate the existence of the action, the object of the action and the name of the petitioner, if any, so that they can be constituted as a party and assert their rights.
Communication will be sent to the address or email that is known if there is no other more effective means. If such a communicationis not possible, or in the case of indeterminate third parties, the information shall be disclosed by means of a mass of national or local communication, as the case may be, or through any other effective mechanism, taking into account the conditions of any interested parties. Such action shall be recorded as written in the file.
ARTICLE 38. THIRD PARTY INTERVENTION. Third parties may intervene in administrative proceedings with the same rights, duties and responsibilities of those who are an interested party, in the following cases:
1. When they have promoted the administrative action of sanctions as complainants, they are affected by the conduct by which the investigation is advanced, or they are capable of providing evidence that will contribute to the elucidation of the facts. of the same.
2. Where their rights or legal status may be affected by the administrative action brought forward in the particular interest, or where the decision on it is liable to prejudice them.
3. Where the action has been initiated in the general interest.
PARAGRAFO. The request must meet the requirements set out in article 16 and it will indicate the interest to participate in the performance and will be either raised or requested evidence that the person concerned intends to assert. The authority which is in the process of dealing with it and against this decision shall not make any appeal.
ARTICLE 39. CONFLICTS OF ADMINISTRATIVE JURISDICTION. The conflicts of administrative jurisdiction shall be promoted either on their own initiative or at the request of the person concerned. The competent authority shall forward the action to which it considers competent; if the latter also declares itself incompetent, it shall immediately forward the action to the Council of State's Chamber of Consultation and Civil Service in respect of the authorities of the national order or the corresponding Administrative Tribunal in relation to the departmental, district or municipal authorities. In case the conflict involves national and territorial authorities, or territorial authorities of different departments, it will know the Consultation and Civil Service Room of the State Council.
In the same way, two administrative authorities will consider themselves competent to know and define a particular case.
In the two events described, the following procedure will be observed: the action at the Secretariat will be communicated by the most effective means to the authorities involved and the individuals concerned and an edict will be established by the end of the Five (5) days, the period in which they may submit arguments or considerations. After the previous term, the Office of Consultation and Civil Service of the State Council or the court, as the case may be, will decide within the next twenty (20) days. No appeal shall be made against this decision.
While resolving the conflict, the terms outlined in article 14 will be suspended.
ARTICLE 40. TESTS. During the administrative procedure and before the substantive decision is proposed, it may be possible to provide, request and practice evidence of its own initiative or at the request of the person concerned without special requirements. Against the act that decides the test request does not come from resources. The person concerned shall be given the opportunity to discuss the evidence provided or practised in the course of action before a substantive decision is made.
The expenses incurred by the testing practice will be borne by the person who requested them. If several stakeholders are involved, the costs will be distributed in equal shares.
All the means of proof indicated in the Code of Civil Procedure shall be admissible.
ARTICLE 41. CORRECTION OF IRREGULARITIES IN ADMINISTRATIVE ACTION. The authority shall, at any time prior to the issue of the act, either on its own initiative or at the request of a party, correct any irregularities which have been presented in the administrative action to adjust it to law, and take the necessary measures to conclude it.
