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Order Int/3012/2005, Of 16 September, By Which Establish The Regulatory Bases Of Subsidies For Partnerships In The Implementation And Monitoring Of Alternative Measures To The Deprivation Of Liberty And Certain Prog...

Original Language Title: ORDEN INT/3012/2005, de 16 de septiembre, por la que se establecen las bases reguladoras de concesión de subvenciones para la colaboración en la ejecución y seguimiento de las medidas alternativas a la pena privativa de libertad y determinados prog...

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Royal Decree 1599/2004 of 2 July, for which the basic organic structure of the Ministry of the Interior is developed, establishes between the functions of the General Directorate of Penitentiary Institutions planning, the coordination and management of the social action of the inmates of the penitentiary centers, of the conditional release and of the persons subject to alternative sanctions and measures of security and of the families of all the former, of the suspension of the execution of the custodial sentences, the probation and the measures of the In addition to the coordination of programmes for the intervention of non-governmental organisations in prisons, security is being prepared by drawing up the reports on these. The Penal Code, adopted by Organic Law 10/1995 of 23 November, amended, 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. Article 90 (2) 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 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 for the purpose of treatment; in that case the relevant departments of the competent administration or the centres or departments responsible for the treatment shall inform the Judge or the Court of Follow-up statement. For its part, Article 182.3 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 other Public Administrations or with collaborating entities for the implementation of the custodial security measures provided for in the Criminal 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 will ensure that the external social support is made available when it lacks the same. Finally, Article 17.6 of the Penitentiary Regulation states 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, prior to the report of the State Advocate and the Intervention Delegate in the Department, the following clauses are established:

First. Definition of the subject of the grant.-The Ministry of the Interior (Directorate-General of Penitentiary Institutions), in its field of competence, establishes the regulatory basis for granting grants, under competitive competition, in accordance with the provisions of Article 17.1 of the General Law on Grants, to assist in the execution and monitoring of security measures, both private and non-custodial, and the rules of conduct provided for in the Criminal code covered by Articles 83, 90.2, 95 and 96 and 102 to 106, as well as for assistance In the case of the case-law of the Court of Justice of the European Union, the Court of Justice of the European Court of Justice and the Court of Justice of the European Court of Justice of the European Union in the Penitentiary Centers as set out in Article 17.6 of the Prison Regulations. 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, General of Grants, in its implementing rules and in the specific Convocation of the grant. Third. Programmes covered by the grant. -1. Programs for collaboration in the execution and monitoring of security measures, rules of conduct, suspension of execution of the custodial sentence:

1.1 Subprogrammes of collaboration in the implementation of the detention security measure in the Center of Dishabituation to 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 establishment 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 the collaboration in the social integration of the children who remain in the Mothers ' Units of the Prison Centers of Madrid-5 (Soto del Real), Madrid-6 (Aranjuez), Teixeiro (A Coruña), Duenas (Palencia), Mallorca, Valencia Preventives, Alcalá de Guadaira (Sevilla) and Albolote (Granada), at least with the following lines of action: Scheduled children's meals, 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.

Programs for the collaboration in the social integration of children in the Dependent Units of the Penitentiary Centers of Alcalá de Guadaira, Madrid-5, Madrid-6, Tenerife and CIS of Valencia (2) on 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.

3. Reception programmes with comprehensive assistance for conditional release, which includes at least the following lines of action: Health education. Health mediators.

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

Conditional release programs that present 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 for obtaining the grant. -1. The beneficiaries must comply with the requirements laid down in Article 13 of Law 38/2003 of 17 November, General of Grants.

2. They may apply for the grant, referred to in the first subparagraph, for foundations, associations, institutions, non-governmental organisations and social entities which meet the following requirements:

To be legally constituted and to be effectively fulfilling its aims, at least, during the two years prior to the publication of the call, except for the newly formed federations and confederations, which are (a) the majority of the members of the association or associations whose seniority is over two years.

To have a State-wide scope of action, according to its constituent title, to enable them to develop programmes of a State nature directly related to some or some of the activities specified in the third paragraph of the present bases. Lacking 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. To have as institutional purposes the performance of some or some of the activities referred to in the third paragraph of these bases. Be aware of the tax and social security obligations. To have the personal and material resources and structure sufficient to ensure the fulfilment of their objectives, crediting the operational experience sufficient for this and to have 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 laid down in the eighth paragraph of this Order. 2. 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. Bodies responsible 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 (Subdirectorate General of Treatment and Penitentiary Management). 2. A Commission of Evaluation shall be set up, to which it is responsible to carry out as many actions as it deems necessary for the determination, knowledge and verification of the data under which the resolution is to be given. 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 issuance of the report on the assessments of the documentation submitted in the applications. The conduct, if any, of the hearing procedure, in accordance with the provisions of Article 84 of Law 30/1992.

3. Composition of the Evaluation Committee: The Evaluation Commission will be constituted as follows:

President: The Deputy Director General of Penitentiary Treatment and Management of the General Directorate of Prison Institutions.

Vice President: The Deputy Director General of Penitentiary Health at the General Directorate of Prison Institutions. Vowels: The Deputy Director General of Treatment and Penitentiary Management of the General Directorate of Prison Institutions. Deputy Director-General of the General Directorate of Penitentiary Services of the General Directorate of Prison Institutions. The Head of the Area of the General Secretariat of Penitentiary Services of the General Directorate of Prison Institutions. The Director of the "Victoria Kent" Social Integration Centre in Madrid Secretary: The Head of the Social Services Area of the General Directorate of Prison Management and Treatment of the General Directorate of Prison Institutions.

4. Decision-making body: The body responsible for the resolution shall be the Administrative Body which has the responsibility of the competent, own or delegated authority to grant the grant from the appropriations for the budget services of the scope of its powers.

Seventh. Request. Memories, documentation, and error healing. -1. Requests:

1.1 Model and submission of requests. Grant applications 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 at the address of the website: www.mir.es. Applications to the Directorate-General for Penitentiary Institutions may be filed in the offices and addresses referred to in the preceding paragraph, as well as in the registers and offices referred to in Article 38.4 of Law 30/1992.

1.2 Deadline for presentation. The deadline for submission shall be 15 working days from the day following that of the publication of the call 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 another Memory for each of the programmes and/or sub-programmes for which the grant is requested, in the details of the activities to be carried out in the programme to be supported, where necessary, in the case of sub-programme 1.4, to specify the type of programme described above. In program 2, it must be specified whether it is a program to be developed in the Mothers ' Units and/or in the Dependent Units, in which of them and the lines of action. Indications should also be given in programme 3, specifying the type or types of needs addressed with the proposed programme. The Memoirs shall be formalized in accordance with the models which are integrated as Annexes II and III to this Order, taking into account that the data not completed in the models of Memories 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 cost concepts 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) Personnel expenses. The remuneration of the staff of the institution which is attached to the implementation of the subsidised programme may be the subject of a grant only up to the amount of the remuneration fixed by the actual working day for the persons concerned. Categories in the Single Convention for Labor Personnel of the General Administration of the State, except that for 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 expenses:

Management and administration costs will be considered as a result of the overall coordination of the subsidised 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 per 100 of the total amount of the programme.

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

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

2. Certified photocopy of the tax identification card. 3. Original or copy with the character of authentic or photocopy of the duly legalized Statutes. 4. 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. 5. Supporting documentation of the authorisation for the operation of the activity by the competent bodies in the area of facilities and activity.

The verification of the existence of data not adjusted to the reality, both in the application and in the Memories or in the documentation provided, may behave, 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. Error-healing:

If the application document does 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, the entity shall be required to or the applicant organisation, in accordance with Article 71.1 of that Law, so that, within 10 working days, the faults or accompanying documents are to be remedied, indicating that, if they do not do so, they shall be by withdrawal of its request, filing without further processing, with the effects provided for in Article 42 of the Law.

At any time, the requesting entity or organization may be urged to complete the omitted requirements, in accordance with the provisions of Article 76 of Law 30/1992, granting to this effect a period of ten working days to from the notification, with an express warning that, if not so, it may be declared to be falling 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 before or within the day of notification of the decision in which the time limit is elapsed.

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 financing: up to 8%. c) Structure and management capacity: The strength of the structure and the level of effective management capacity sufficient to carry out directly the activities envisaged in the programme presented: up to 8%. d) Specialization: The degree of specialization in the attention to the collective to which its activities are directed: 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. In addition, account will be taken of the number of partners and affiliates: up to 8%. g) Programme budget: 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 the programme and its suitability for the proposed objective, the timetable for implementation, the description of the specific activities they intend to carry out, as well as the indicators for evaluation and monitoring of these activities in relation to the technical and materials to which the entity counts: up to 8%.

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

10th. Resolution. -1. The Authority (Subdirectorate-General for Treatment and Penitentiary Management), on the basis of a report by the Evaluation Committee, in which the outcome of the assessment carried out, in the light of all the action, will be formulated. appropriate motion for a resolution. This proposal shall reflect the applicant or the applicants 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 programmes or projects. and the conditions of the grants awarded. 2. The Deputy Secretary of the Interior shall adopt the appropriate resolution.:

The resolution shall be reasoned, and in any event the basis of the decision to be adopted shall be accredited, stating, if necessary, expressly, the rejection of the other requests, in accordance with The provisions of Article 25 of the General Law on Subsidies.

The resolution of the Deputy Secretary of the Interior will be issued within a maximum of 15 days from the completion of the procedure, the applicants will be notified and the administrative route will be terminated. to bring proceedings against the same remedy for the replacement of powers and administrative disputes in the form and time limits laid down by the legislation in force. 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 the General Law on Grants. The grant awarded will be made public in the "Official State Gazette". The amount of the grant awarded shall in no case 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, exceed the cost of the activity to be carried out 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. Twelfth. 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 assisted entities shall periodically communicate the degree of compliance with the programme, in accordance with the timetable and follow up instructions given to them by the Directorate-General for Prison Institutions. Thirteenth. Payment of the subsidy and justification of the expenditure.

1. The subsidised entities must provide proof prior to the recovery of the subsidy which is in the ordinary course of their tax and social security obligations, in accordance with Article 34 of the Law 38/2003, 17 of November, General of Grants.

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 shall be 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. The 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, in relation to which the Directorate-General of Penitentiary Institutions may require the information that you need in your case. 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. The justification must be given, within the time limit set by the call, to the Directorate-General for Penitentiary Institutions (Subdirectorate General for Treatment and Penitentiary Management), 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 by 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) Documentation to be provided on a general basis: Certification of the legal representative of the entity in which it consists: The performance 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.

B) Specific documentation for the justification of different types of expenditure:

The specific documentation must 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 subsidised programme the approved concepts will be justified by the original invoices or receipts, which must comply with the requirements set out in Royal Decree 1496/2003 of 28 November, for which the invoicing operations are regulated.

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 costs: In the case of a manager for the administration of the subsidised programme, the same documentation shall be justified as referred to in paragraph (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 altered, 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 paragraph 7 of these bases in respect of personnel costs, travel expenses and expenses and expenses of management 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. Fourteenth. Final report on the implementation of the subsidised programme. The eligible institution must submit a final report to the Directorate-General for Penitentiary Institutions (Subdirectorate-General for Treatment and Penitentiary Management). supporting the application of the grant awarded within the time limit laid down in the call. For these purposes, the minimum contents of this Memory shall be as follows: 1. Entity. 2. Denomination of the program. 3. Collective attention. 4. Brief reference to the content of the programme. 5. Period of implementation of the programme. 6. Economic summary: subsidised amount and state of liquidation of the programme, broken down by source of funding and by concepts of expenditure. 7. Number of beneficiaries or direct users. 8. Amendments requested to the Agreement: Analysis of their need. 9. Territorial location of the programme. 10. Methodology or instruments used. 11. Actuations made. 12. Planned objectives, quantified as far as possible. 13. Results obtained from the program, quantified and valued. 14. deviations from the intended objectives. 15. Conclusions. Fifteenth. 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, General of Grants and Chapter II of Title IX of Law 30/1992, as amended by Law 4/1999, of January 13. 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 authorities, public entities attached or dependent on them, both domestic and international, and other natural or legal persons of a private nature, may give rise to the modification or revocation of the grant decision, and the beneficiary must proceed to the refund, in where appropriate, of the amounts received in the amount to be determined. In any event, if the expenditure actually incurred is lower than the budgeted initially, the granting resolution shall be amended, with the amount of the subsidy being deducted in proportion to the decrease in the amount of the grant. suffered 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 source of the refund is agreed in the cases provided for in Article 37 of the Law 38/2003, of November 17, General of Grants.

(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 listed in the third clause of these regulatory bases, for which the benefit of the beneficiary organisation or organisation is attributable, 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 the General Law on Grants 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 in whole or in part, or in the event of 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 resolutions of the Secretariat of the Department, given in the exercise of the privileges delegated by the Minister, shall put an end to the administrative route, and may be brought against the same remedy for the replenishment and the use of resources. 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 proceedings until their termination and without the limitation of the limitation of the action taken until the end of the said period. 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 him to the Directorate General of Penitentiary Institutions at any time in the proceedings before the declaration of the declaration of non-compliance and the origin of the refund is given.

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 corresponding sanctioning procedure.

Madrid, 16 September 2005.

ALONSO SUAREZ

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