The Royal Decree 991/2006 of 8 September, for which the basic organic structure of the Ministry of the Interior is developed, establishes, among the functions of the General Directorate of Penitentiary Institutions, planning, the coordination and management of the social action of the inmates of the prisons, the conditional release and the persons subject to alternative sanctions and security measures, as well as the families of all the former. It is also attributed to the planning, coordination and management of the suspension of the execution of the custodial sentences, the probation and the security measures, preparing the reports that the latter require judicial authorities concerned, in addition to the coordination of the intervention programmes of non-governmental organisations in the prisons. The Penal Code, approved by Organic Law 10/1995 of 23 November, and modified, inter alia, by the Organic Law 7/2003 of 30 June, and by the Organic Law 15/2003 of 25 November, collects, in its article-96, the security measures, both (a) private as non-custodial, regulating in Articles 95 and 101 to 106 the application, enforcement and monitoring thereof. The second paragraph of Article 90 provides for the possibility for the Judge of Penitentiary Surveillance, in order to decree the probation of the penados, to impose on them the observance of one or more of the rules of conduct provided for in the Articles 83 and 96 (3) of the Criminal Code. Furthermore, Articles 80 to 87 provide for the possibility for judges and courts of judgment to suspend the execution of a custodial sentence imposed on a penalty for the period laid down and conditional upon compliance with the law. certain obligations and duties or the submission of a treatment to the situation. In that case, the relevant services of the competent authority or the centres or services responsible for the treatment shall inform the Judge or the Court of the following of the follow-up. For its part, Article 182, third paragraph, of the Penitentiary Regulation, approved by Royal Decree 190/1996 of 9 February, specifies that the corresponding Penitentiary Administration shall conclude the necessary agreements with others. Public administrations or with collaborating entities for the execution of the custodial security measures provided for in the Penal Code. However, there are other cases in which such cooperation is also provided, other than those of the implementation of those measures, which by the very nature of the measures also justify the possibility of establishing, equally, agreements or agreements necessary on the part of the Penitentiary Administration. In the case of very serious sick conditions, with incurable conditions, Article 196 (4) of the Penitentiary Regulation specifies that the Administration shall ensure that external social support is provided to the penalty lack of it. Finally, Article 17 (6) of the Penitentiary Regulation establishes that the Penitentiary Administration shall encourage the collaboration and participation of public and private institutions of assistance to the child in the Mothers ' Units, or in the Dependent Units created for the purpose for internal classified third grade having children under three years of age. To this end, it will conclude the necessary agreements to maximize the development of the maternal-subsidiary relationship and the formation of the personality of the children. Taking into account the provisions cited above, as well as Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure, in the wording given by Law 4/1999, of 13 January, and the In Law 38/2003, of 17 November, General of Grants, this Order is issued prior to the report of the State Advocate and the Intervention Delegate in the Department, and after approval of the Holder of the Ministry of Administrations Public. In its virtue, I have:

First. Definition of the object of the grant. -The Ministry of the Interior, through the Directorate General of Penitentiary Institutions, in its field of competence, in accordance with the provisions of article 17, first paragraph, of Law 38/2003, November 17, General of Grants, establishes the regulatory basis for the grant of grants, under competitive competition, with the following purposes: To collaborate in the execution and monitoring of security measures, both Private as non-custodial, and the rules of conduct provided for in the Law Organic 10/1995, of 23 November, of the Penal Code, governed by Articles 83, 90, second, 95 and 96 and 102 to 106 of the Code.

For the comprehensive assistance of terminally ill persons who are terminally ill under the second subparagraph of Article 92 (1) of the Penal Code and 196, second paragraph, of the Penitentiary Regulation, approved by the Royal Decree 190/1996 of 9 February. And for the collaboration in the social integration of the children who remain with their mothers in the penitentiary centers, as provided for in the sixth paragraph of Article 17 of the Penitentiary Regulation.

The call for this grant will be carried out on a yearly basis.

Second. Legal regime. -This grant will be in accordance with the provisions of Law 38/2003 of 17 November, in its implementing rules and in the specific call for the grant. Third. Programmes covered by the grant.

1. Programmes for collaboration in the implementation and monitoring of security measures, rules of conduct, and suspension of the execution of the custodial sentence: 1.1 Subprogrammes of collaboration in the implementation of the security measure Detention in the Centre for the use of drugs.

1.2 Subprograms of collaboration in the execution of the detention security measure in Special Educational Center. 1.3 Subprograms of collaboration in the execution of the alternative measure or rule of conduct of submission to external treatment in medical centres or establishments of a socio-sanitary nature. 1.4 Subprograms of collaboration in the execution of the alternative measure or rule of conduct of submission to programs of educational, cultural, educational, professional, road education, sexual, domestic violence and other similar.

2. Programs for collaboration in the social integration of children who remain in the Mothers ' Units of various Prison Centers, at least with the following lines of action:

Scheduled departures of children, aimed at promoting their integration into the social environment.

Scheduled holidays for children and their mothers. Children's weekend outings. Celebration of festivities to favor the group relationship in a playful and festive climate.

3. Programs for collaboration in the social integration of children in the Dependent Units of certain Prison Centers in the following lines of action:

Intervention program with mothers to improve the relationship with their children.

Children's activities aimed at promoting their integration into the social environment. Scheduled holidays of the children and their mothers. Celebration of festivities to favor the group relationship in a playful and festive climate.

4. Reception programmes with integral assistance for conditional release, which include at least the following lines of action:

Education for health. Health mediators.

Psychological care. Legal advice. Assistance to occupational workshops. Leisure and leisure time.

5. Host programs to be released conditional on some of these needs:

AIDS sufferers and other diseases.

Chronic disease. Care for patients with the need for palliative care. Attention to mental and physical disabilities. Care with dual pathology. Support for psychiatric rehabilitation.

Fourth. Requirements to be met by the beneficiaries in order to obtain the grant.

1. Beneficiaries must comply with the requirements laid down in Article 13 of Law 38/2003 of 17 November.

2. The grant referred to in paragraph 1 may be applied for by foundations, associations, institutions, non-governmental organisations and social entities meeting the following requirements:

(a) be legally constituted and meet effectively for their purposes at least during the two years prior to the publication of the call, except for the newly formed federations and confederations; are mainly composed of federations or associations whose seniority is more than two years.

(b) Having a State-wide scope of action, according to its constituent title, enabling them to develop programmes of a State nature directly related to one or more of the activities specified in the third paragraph of the present bases. c) Carishing for profit. For these purposes, non-profit entities shall also be considered to be engaged in activities of a commercial character, provided that the profits resulting therefrom are fully invested in the social purposes provided for in the Article 3 of Royal Decree 195/1989 of 17 February 1989 laying down the conditions and procedures for applying for aid for the purposes of social interest derived from the tax allocation of the Income Tax of the Physical Persons. (d) to have as institutional purposes the performance of some or some of the activities referred to in the third paragraph of these bases. (e) Credit, by means of a responsible statement, which is in the current of the tax and social security obligations. (f) Dispose of the personal and material resources and of the structure sufficient to ensure the fulfilment of their objectives, crediting the operational experience sufficient for this, and having all the necessary authorizations of the responsible institutions.

3. Institutions shall manage and carry out directly those activities which constitute the content of the programme for which the grant is requested. Fifth. Distribution of credit.

1. The amount of the grant shall be granted to that or those organisations or entities which meet the best conditions, in accordance with the assessment criteria set out in the eighth paragraph of this Order.

2. The subsidy shall be intended exclusively for operating expenses, never for tangible or intangible investments. 3. The expenditure arising from these grants shall be charged to the budget concept 16.05.133A.483 up to the amount of the available budget appropriation.

Sixth. Competent bodies for the management, instruction and resolution of the procedure.

1. The instruction of the procedure will be carried out by the Directorate General of Penitentiary Institutions, through the General Subdirectorate of the Open and Alternative Measures.

2. A Commission of Evaluation is set up, which is responsible for carrying out its own initiative as many actions as it deems necessary for the determination, knowledge and verification of the data under which the decision is to be taken. In particular, it shall have the following privileges:

The request for how many reports are deemed necessary to resolve or be required by the rules governing the grant, in accordance with the provisions of paragraph 7 of the Order.

The assessment of the applications, carried out in accordance with the assessment criteria set out in the eighth section of the bases. The issue of the report on the assessments of the documentation submitted in the applications. The conduct, where appropriate, of the hearing procedure, in accordance with the provisions of Article 84 of Law No 30/1992 of 26 November 1992.

3. The Evaluation Committee shall be constituted as follows:

The President will be the Deputy Director General of the Open and Alternative Measures of the General Directorate of Prison Institutions.

The Vice President will be the Deputy Director General of Penitentiary Health of the General Directorate of Prison Institutions. The Deputy Director General of the Open and Alternative Measures of the General Directorate of Penitentiary Institutions, Deputy Director General of the General Directorate of Penitentiary Services of the Directorate General, will be members of the Deputy Director General. of Penitentiary Institutions, the Chief of the Area of the General Secretariat of Penitentiary Services of the General Directorate of Penitentiary Institutions and the Director of the "Victoria Kent" Social Integration Center in Madrid. The Secretary will be the Head of the Social Services Area of the General Administration of the Middle East and Alternative Measures of the General Directorate of Penitentiary Institutions.

2. The body responsible for the decision shall be that administrative body which has jurisdiction, whether or not delegated, to grant the grant from the budget services in the field of its powers. Seventh. Request, memory, documentation, and error healing.

1. Applications. 1.1 Model and submission of applications. -Applications for grants shall be formalised in accordance with the model set out in Annex I to this Order.

The printed models may be collected at the headquarters of the General Directorate of Penitentiary Institutions, Alcalá Street 38-40, 28014 Madrid, and on the website: www.mir.es General of Penitentiary Institutions may be presented in the offices and addresses mentioned in the preceding paragraph, as well as in the registers and offices referred to in Article 38.4 of Law 30/1992, of November 26. 1.2 Deadline for filing.-The deadline shall be 15 working days, counted from the day following the publication of the notice in the Official Gazette of the State.

2. Memories.

2.1 The application must be accompanied by an explanatory note of the main characteristics of the requesting entity, as well as by another memory for each of the programmes and/or sub-programmes for which the application is requested. grant, detailing the activities to be carried out in the programme for which the grant is requested, where it is necessary, in the case of sub-programme 1.4, to specify the type of programme of the programmes described above. In program 2, it is necessary to specify whether these programs are to be developed in the Mothers ' Units and/or in the Dependent Units, in which of them and the lines of action that will be followed. Indications should also be given in programme 3, specifying the type or types of needs addressed with the proposed programme.

Memories shall be formalized in accordance with the models in Annexes II and III to this Order, taking into account that the data not completed in the model of memory may not be taken into account for the purposes of their assessment. In the event that it is not enough with a sheet, the necessary ones will be used. The memories, duly signed by the legal representative of the entity, will serve to certify the veracity of the data contained therein. 2.2 The concepts of expenditure outlined below will be subject to the following limitations:

(a) Activities and maintenance: This concept includes the costs incurred directly in the implementation of the subsidised programme, both for the purpose of the development of the activity and for the maintenance of the premises where this is done, excluding the entity's own expenses.

(b) Staff expenditure: The remuneration of the staff of the institution which is attached to the implementation of the subsidised programme may only be subject to a grant up to the amount of remuneration fixed by the day real work for the corresponding categories in the Single Convention for Labor Personnel of the General Administration of the State, except that, due to the direct application of other collective agreements of the sector, they correspond to higher amounts. The expenditure to be financed shall be exclusively those for remuneration payable for the activity carried out in the programme, provided that it does not exceed 40 per 100 of the total amount of the programme, except in the case of The nature of the agreement is authorised by another percentage. They may not be included as staff costs incurred by the activities carried out by the members of the Boards of Directors or the Board of Directors of the institution. (c) Diets and travel expenses: Diets and travel expenses may be the subject of a grant in the amounts determined in Royal Decree 462/2002 of 24 May 2002 on compensation for the service, provided that they do not exceed the total of 1 per 100 of the total subsidised amount of the programme, except that in respect of the nature of the programme another percentage is authorised in the Agreement. (d) Management and administration costs: Management and administration costs shall be considered as costs incurred in the general coordination of the programme. The management and administration costs necessary for the implementation of the respective programmes may be the subject of a grant, provided that they do not exceed 4% of the total amount of the programme.

3. Documentation to accompany the application and the memories. -The application, in addition to the aforementioned memories, must be accompanied by the following documentation:

a) Original or copy with the authentic or photocopy character of the document proving the identity of the applicant and be able enough to accredit its representation.

b) Comppressed photocopy of the tax identification card. (c) Original or copy with the authentic or photocopy character of the duly legalized Statutes. (d) Statement responsible for the legal representative of the entity in which it is established that the entity is aware of the tax and social security obligations. (e) Supporting documentation of the authorization for the operation of the activity by the competent bodies in the field of facilities and activity.

The verification of the existence of data not adjusted to the reality, both in the application and in the reports or in the documentation provided, may result, depending on its importance, the refusal of the grant requested, without prejudice to any remaining responsibilities which may arise.

The accreditation of the required certifications must be provided and verified prior to the grant resolution. 4. Subhealing of errors. -If the application did not meet the identification data, either of the grant requested or of the requesting entity, or of some of the extremes provided for in Article 70 of Law 30/1992, of 26 of November, the applicant organisation or organisation shall be required, in accordance with the provisions of Article 71 (1) of that Law, to ensure that, within 10 working days, it fails to comply with or accompany the required documents, with an indication that, if it does not do so, it shall be given a withdrawal of its request, filing without further processing, with the effects provided for in Article 42 of that Law. At any time, the applicant organisation or organisation may be urged to complete the omitted requirements, in accordance with Article 76 of Law No 30/1992 of 26 November, granting a period of 10 working days to that effect. on the basis of the notification, with the express warning that, if not so, it may be considered to be withdrawn in its right to the processing of its application; however, the action of the interested party will be accepted and will produce its legal effects, if occurs before or within the day of notification of the resolution in which the period.

Eighth. General assessment criteria. -They will be assessed as criteria in the grant of the grant, with the percentage determined in each of the paragraphs below, the following:

(a) Global budget amount: Up to 44%.

b) Budget and financing: valued assets of the entity. The volume of the budget in the last year, as well as the financing obtained from other institutions and their capacity to mobilize resources from other public and/or private entities, with the first of those presenting a diversification of Funding: Up to 8%. (c) Structure and management capacity: The strength of the structure and the level of effective management capacity sufficient to carry out the activities provided for in the programme presented directly: up to 8%. d) Specialization: The degree of specialization in the attention to the collective to which its activities are directed: Up to 8%. e) Antiquity: seniority in the institution's constitution: Up to 8%. f) Implementation: The extent of the territorial scope of the actions and programmes carried out by the institution. The number of members and affiliates will also be taken into account: up to 8%. g) Budget of the programme: The number of places offered per programme and average cost per square: up to 8%. h) Technical content of the programme: The technical content of the programme and its suitability for the proposed target, the timetable for implementation, the description of the specific activities they intend to carry out, as well as the assessment and control indicators of these activities in relation to the technical and material resources with which the institution counts: Up to 8%.

Ninth. Reports. In order to facilitate the evaluation of applications, the Evaluation Commission may require the requesting entities or organizations to clarify or extend the information contained in the reports.

10th. Resolution.

1. On the basis of the report issued by the Evaluation Committee, the instructor body (General Sub-Directorate-General for the Open and Alternative Measures) will formulate the report and draw up the results of the evaluation carried out in the light of the appropriate motion for a resolution.

This proposal should reflect the applicant (s) for which the grant of the grant and the amount of the grant is proposed, specifying the assessment and the assessment criteria followed to carry out the grant, as well as the selected programmes or projects and the conditions of the grants awarded. 2. The body responsible for the decision shall take the matter. The decision shall be reasoned, and the grounds for the decision to be adopted shall, in any event, be accredited, and shall, if appropriate, express the rejection of the decision. of the remainder of the applications, in accordance with the provisions of Article 25 of Law 38/2003 of 17 November. The decision of the competent authority shall be delivered within a maximum of 15 days from the completion of the procedure, the applicants shall be notified and the administrative route terminated, and may be brought against the same appeal. The Court of Justice held that the Court of Justice held that the Court of Justice After the maximum period for resolving the procedure, which will be three months from the date of publication of the call, without any express resolution, it will be possible to understand that it is disestimatory, according to the provisions of the Article 25 (5) of Law 38/2003 of 17 November. The grant awarded will be made public in the Official State Gazette. The amount of the grant awarded under no circumstances may be such that, in isolation or in competition with other aid or grants from other public authorities or other public or private entities, national or international, exceeds the cost of the activity to be developed by the beneficiary non-governmental organisation or organisation for the development of the subsidised programme. The grant of a grant under these bases does not entail any obligation, on the part of the Directorate-General for Penitentiary Institutions, to award aid in the following financial years for the same or other programmes. similar.

11th. Obligations of the beneficiary entities or organisations. -Entities or organisations benefiting from the grant shall be obliged to:

(a) Carry out the activity that bases the grant of the grant in the period, form, terms and conditions set out in the Resolution.

b) Submit to the actions of verification, monitoring and inspection of the application of the grant, as well as to the financial control corresponding to the General Intervention of the State Administration and those foreseen in the legislation of the Court of Auditors. (c) Communicate to the authority immediately grant the grant of grants or aid for the same purpose from any public or private, national or international public administration, with the expression of its amounts. (d) to provide the competent bodies with the information necessary for the follow-up of the persons served by them. (e) Reinvest in the subsidised programme any revenue generated by it, as well as the accrued interest of the subsidy received up to the time of its expenditure. (f) to give adequate publicity to the public nature of the financing of programmes, activities, investments or actions of any kind which are the subject of a grant.

12th. Monitoring, monitoring and evaluation. The implementation of the activities covered by the subsidised programme shall be subject to the monitoring, verification, monitoring, inspection and evaluation to be determined by the Directorate-General for Penitentiary Institutions, without prejudice to the powers of the General Intervention of the State Administration.

The eligible institutions shall report on a regular basis the degree of compliance of the programme, in accordance with the timetable and follow up instructions given to them by the Directorate-General for Institutions. Penitentiary. Thirteenth. Payment of the subsidy and justification of the expenditure.

1. The subsidised entities must provide proof prior to the receipt of the grant, by submitting a responsible declaration, which are in the light of their tax and social security obligations, in accordance with the provisions of the provided for in Article 24 of Royal Decree 887/2006 of 21 July, approving the Regulation of the General Law on Subsidies.

2. The payment of the grant will be made by the payment of up to 30 per 100 of the amount awarded in each program or project, once this grant is granted. The resolution shall state that the advance is conditional upon the lodging of an equivalent guarantee in the General Deposit Box, in any of the modalities laid down in its Rules of Procedure. The payment of the remaining 70 per 100 shall be made on the basis of a justification for the implementation of the subsidised activity and the expenditure incurred. Payment shall be made by bank transfer to an account opened by the institution, exclusively for the income and payments referred to the grant granted, with the Directorate-General of Penitentiary Institutions empowered to require the information which, where appropriate, specifies in relation to that account. 3. The subsidised entities or organisations are required to justify the costs incurred in respect of the grant received, in accordance with the instruction manual issued for that purpose by the Directorate-General for Institutions. Penitentiary. This justification must be submitted within the time limit set by the call to the Directorate-General for Penitentiary Institutions (Subdirección General de Medio Opened and Measures Alternativas), who will assume the powers relating to the review of the supporting documentation of the implementation of the grant. The supporting documentation of the expenditure incurred under the grant shall be accompanied by a supporting statement for each approved expenditure concept, in accordance with the budgetary breakdown set out in the resolution. This documentation shall consist of a general documentation and a specific documentation for each type of expenditure. A certification of the legal representative of the entity in which the following extremes are found should be provided as general documentation:

The realization of the activities or acquisitions made.

The obtaining or not of another grant from the Public Administrations or public or private entities, national or international, for the subsidized program and, if positive, amount obtained and purpose thereof, supporting documentation of such grants. The revenue from the programme, as well as the interest accrued on the subsidy received up to the time of the expenditure, indicating its allocation to it.

Specific documentation should be provided for the justification of the different types of expenditure, which should be in line with the provisions of the said manual of instructions, taking into account the following:

(a) Activities and maintenance expenses: The expenditure incurred in the programme supported in accordance with the approved concepts shall be justified by the original invoices or receipts, which shall meet the requirements established in Royal Decree 1496/2003 of 28 November 2003 for the regulation of invoicing operations.

b) Staff expenses:

Copy of the work contract.

Copy of receipts from payroll signed by persons who have worked in the activity and subsidized program. Proof of social security contributions. Proof of retention and admission to the Delegation of the State Agency of Tax Administration of the amounts corresponding to the Income Tax of the Physical Persons. Copy of the sectoral implementing conventions, where appropriate.

(c) Diets and travel expenses: They shall be justified by the original invoices or receipts corresponding to the expenditure incurred in the subsidised programme, which shall meet the same requirements as set out in paragraph (a).

(d) Management and administration expenses: For the purposes of contracting a manager for the administration of the subsidised programme, the same documentation shall be justified as referred to in point (b). (e) Any other documentation provided for in the Agreement with a view to the best justification for expenditure.

3. Any revenue generated by the subsidised programme, as well as the revenue accruing from the subsidy received up to the time of the expenditure, shall be reinvested in the same activity or shall be used to offset the financial costs incurred by loans granted to carry out the activities supported from the time of notification of the grant decision to the grant of the grant, without, in any event, the above compensation for financial costs to be exceeded by the cost arising from the legal interest of the money in force during the period.

4. The amounts allocated to the expenditure concepts of the subsidised programme may be subject to deviations of up to 10 per 100, in more or less, provided that the total amount of the subsidy is not changed, where the implementation of the programme so requires and provided that they do not exceed the limitations set out in point 2.2 (b), (c) and (d) of the sixth paragraph of these bases in respect of staff costs, travel allowances and travel expenses and management costs and administration. 5. If the period of justification has expired, the entity shall not have submitted the corresponding documents, it shall be required to provide them within twenty days, and shall inform the entity that, without attending to the request, it shall be understood the obligation to justify, with the consequences laid down in the fifteenth and sixteenth paragraphs of this Order.

14th. Final memory supporting the implementation of the subsidised programme. The subsidised entity must submit to the Directorate-General for Penitentiary Institutions (General Sub-Directorate of the Open and Alternative Measures) a final report. supporting the application of the grant awarded within the time limit laid down in the call. For these purposes, the minimum contents of that memory shall be as follows:

1. Institution; 2. Designation of the programme; 3. Collective attention; 4. Brief reference to the content of the programme; 5. Programme implementation period; 6. Economic summary: subsidised amount and state of settlement of the programme, broken down by origin 7. Number of beneficiaries or direct users; 8. Amendments requested to the Agreement: Analysis of their need; 9. Territorial localisation of the programme; 10. Methodology or instruments used; 11. Operations carried out; 12. Objectives planned, quantified as far as possible; 13. Results obtained from the program, quantified and valued; 14. Deviations from the intended objectives; and 15. Conclusions.

15th. Responsibility and sanctioning regime.-The contracting entities or organizations of the grant will be subject to the responsibility and sanctioning regime that on administrative infractions in the field of grants is established in the Title IV of Law 38/2003 of 17 November and Chapter II of Title IX of Law 30/1992 of 26 November.

sixteenth. Reintegros.

1. Any alteration of the conditions under consideration for the grant of the grant and the obtaining for the same projects or activities of grants or aid granted by other public administrations, public entities attached or dependent National and international, as well as other natural or legal persons of a private nature, may give rise to the amendment or revocation of the decision granting the grant, and the beneficiary shall, where appropriate, be reimbursed by the beneficiary. the amounts received in the amount to be determined.

In any event, if the expenditure actually incurred is lower than the initially budgeted, the grant resolution shall be amended, with the amount of the subsidy being deducted in proportion to the amount of the grant. a reduction in the initial budgeted cost in respect of the actual amount of expenditure incurred. 2. The total or partial refund of the amounts, as well as the requirement of interest for late payment from the time of payment of the aid up to the date on which the refund is agreed, in the cases provided for in Article 37 of the Law 38/2003, dated November 17:

(a) Failure to comply with the obligation of justification.

b) Obtaining the grant without meeting the required conditions for it. (c) Failure to comply with the purpose for which the grant was granted. For these purposes, the existence of a subsidy remainder which has not been invested in the programme shall be understood as non-compliance, without justified cause. (d) Failure to comply with the conditions imposed on the beneficiary in connection with the grant of the grant. For these purposes, the application of the grant to expenditure concepts other than those that were agreed without the express authorisation of the Directorate-General of Penitentiary Institutions shall be understood as non-compliance.

Formal defects will only determine the drawback if they prevent the verification of the object of the grant; this drawback will be limited to the activity or act affected by the impossibility of verification.

Material Defects will result in total drawback unless compliance is significantly approximated to full compliance and good faith is credited. Failure to comply with a specific programme of those referred to in the third paragraph of these regulatory bases for account attributable to the beneficiary organisation or organisation shall determine the total reimbursement of the grant. 3. The procedure for reimbursement shall be governed by the provisions of Chapter II of Title II of Law 38/2003 of 17 November, and its provisions for development. The declarative procedure for non-compliance and the origin of the refund shall be initiated on its own initiative as a result of the grant management body's own initiative, once the supporting documentation of the grant expenditure has been reviewed and not found complete and compliant, in whole or in part, or with the detection of any of the remaining causes of drawback. The initiation of the proceedings shall also proceed as a result of a higher order, of the reasoned request of other bodies having or not conferred powers of inspection in the matter, or of the formulation of a complaint. In any of the cases, the opening of the procedure shall be preceded by the prior steps of review or verification of the concurrency of the cause of initiation, and a period of not more than twenty days may be enabled for the of omissions and/or defects in the justification submitted by the subsidised entities. The processing of the procedure shall in any event ensure the right of the person concerned to the hearing. The decisions of the competent body, given in the exercise of the powers delegated by the Minister, shall put an end to the administrative procedure, and may be brought against the same remedies for the replacement of powers and remedies. administrative disputes, in the form and time limits laid down by the legislation in force. The processing of the procedure shall in any event guarantee the right of the person concerned to the proceedings. If there is no express resolution six months after the initiation, taking into account possible interruptions of its computation for reasons attributable to the parties concerned, the procedure shall be terminated without prejudice to the continue the actions until their termination, and without the limitation of the limitation period for the actions carried out until the end of the term. The procedure shall be terminated and the proceedings shall be closed without further processing, if the entity concerned is to remedy the defects identified in the justification for expenditure or to voluntarily reintegrate the quantities for which the application is assessed. incorrect, and thus accredit it to the Directorate General of Penitentiary Institutions at any time of the procedure before the declaration of the declaration of non-compliance and the origin of the refund is issued. If the refund procedure has been initiated as a result of facts which may constitute an administrative infringement, they shall be brought to the attention of the competent body for the initiation of the relevant procedure. sanctioning.

Single end disposition. Entry into force.

This Order shall enter into force on the day following that of its publication in the Official Gazette of the State.

Madrid, 3 October 2007.-The Minister of the Interior, Alfredo Pérez Rubalcaba.

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