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Resolution Of 20 Of August Of 2015, Of The Delegation Of The Government In The Community Autonomous Of Castilla-It Spot, On Delegation Of Powers.

Original Language Title: Resolución de 20 de agosto de 2015, de la Delegación del Gobierno en la Comunidad Autónoma de Castilla-La Mancha, sobre delegación de competencias.

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TEXT

Law 6/1997, of 14 April, of the Organization and the Functioning of the General Administration of the State, develops in Article 3 the principles laid down in Article 103 of the Constitution that must preside over the performance of Public Administration.

In the interests of these principles and, in particular, of efficiency and agility, it is appropriate to carry out delegation of powers, without prejudice to the permanent control and knowledge of those granted.

The time since the publication of the previous resolutions on the delegation of powers and their dispersal in different official bulletins makes it appropriate for a new resolution to be based on the previous texts, taking advantage of the experience in their application and collecting the important normative variations produced.

In its virtue, in accordance with the provisions of the Additional Provision Thirteenth of Law 6/1997, of 14 April, of the Organization and the Functioning of the General Administration of the State, and the provisions of Articles 12 and The following of Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure, after the approval of the competent ministries, determined:

First.

Delegate to the Government Subdelegates in Albacete, Ciudad Real, Cuenca, Guadalajara and Toledo, in their respective territorial areas, the following competencies:

1.1 In the field of official personnel for peripheral services at the provincial level, it is delegated to the Subdelegates of the Government:

(a) The assignment, for the needs of the service, of officials who occupy positions not singularized to others with the same procedure of provision, level and specific complement, within the same locality.

(b) Provisional membership, in the form of a service fee, to jobs which do not involve a change of locality.

c) Proposal and report on authorization or recognition of compatibilities.

d) To attribute the provisional performance of jobs in the cases provided for in Article 21.2.b) of Law 30/1984, of 2 August, of Measures for the Reform of the Civil Service.

e) Propose or report assistance to courses of selection, training or improvement of staff, approved by superiority.

(f) To initiate disciplinary proceedings against officials, in accordance with the provisions of Article 29.1 of the Royal Decree of 10 January 1986 on the Rules of Procedure for the Disciplinary Procedure of Officials of the General Administration of the State.

1.2 On citizen rights issues are delegated in favour of the Government Subdelegates:

(a) All the powers that the Organic Law 4/2015, of 30 March, of protection of citizen security, attributes to the Delegate of the Government, except in the sanctioning procedures in which it is delegated to the Subdelegates the initiation of such sanctioning procedures and the decision of the government, in the latter case only where the sanctioned infringement is classified as minor or serious in its minimum degree.

(b) The decision rejecting or amending the date, place, duration or itinerary of the meeting or demonstration, if appropriate, in accordance with the provisions of Article 10 of the Organic Law 9/1983, of 15 July, Right of Meeting, as well as suspension and/or dissolution of meetings or demonstrations.

1.3 In the matter of private security, it is delegated in favor of the Government Subdelegates: All the powers that the Law 5/2014, of April 4, of Private Security, attributes to the Delegate of the Government, except the competition for the disconnection of devices, devices or safety systems with a central alarm system in the case of false alarms, in the terms and after processing of the procedure provided for in Article 50 of Royal Decree 2364/1994 of 9 December 1994, approving the Regulation on Private Security, delegated to the Head of the Rules of Procedure Superior of Police of Castilla-La Mancha and of the Provincial Commissioners of Police of Albacete, Ciudad Real, Cuenca and Guadalajara, as well as in the Local Commissioners in the Third section of this Resolution.

1.4 In the field of arms, it is delegated to the Subdelegates of the Government: All the powers that the Royal Decree 137/1993, of January 29, for which the Rules of Arms are approved attribute to the Delegate of the Government.

1.5 In the matter of explosives, it is delegated in favor of the Government Subdelegates: All the powers that Royal Decree 230/1998, of 16 February, for which the Explosives Regulation is approved, attributes to the Delegate of the Government.

1.6 In the case of pyrotechnic articles and cardboard, it is delegated in favour of the Government Subdelegates: All the powers that Royal Decree 563/2010 of 7 May, for which the Regulation of pyrotechnic articles is approved and Cartheria, he attributes to the Government Delegate.

1.7 In the field of damage to international transport, it is delegated to the Government Subdelegates: Resolution of cases referred to in Article 5 of Law 52/1984 of 26 December on compensation for damages caused in Spanish territory to international transport.

1.8 In relation to commercial propaganda, it is delegated to the Government Subdelegates: Issue of reports in relation to requests for authorization to carry out advertising flights over the province, according to the Order of 20 December 1966.

1.9 In the field of work and immigration is delegated in favour of the Government Subdelegates:

(a) All the powers conferred by Royal Decree 418/2014 of 6 June 2014 amending the procedure for the processing of claims to the State for the payment of processing salaries in dismissal, to the Delegate of the Government.

b) Grant and deny returned emigrant requests.

1.10 In the field of the railway sector, it is delegated in favor of the Government Subdelegates: to agree to the beginning and the resolution of the sanctioning procedures for violations established in Law 39/2003 of 17 November 2001. Railway Sector and resolve those instructed for minor infractions.

1.11 In the field of sport, it is delegated in favour of the Government Subdelegates: to agree to the initiation of the sanctioning procedures for offences defined in Law 19/2007 of 11 July, against violence, racism, xenophobia and intolerance in sport, when their resolution corresponds to the Government Delegation and to resolve those instructed for minor offences.

Second.

Delegate to the official staff in favor of the Secretary General of the Government Delegation and the Secretaries-General of the Government Subdelegations, the following powers:

2.1 To give possession and to terminate the officials in the posts in accordance with the provisions of Article 11.2 of Royal Decree 2169/1984 of 28 November 1984, of the conferral of competences in the field of personnel of the Administration of Status.

2.2 Declaring forced retirements and physical incapacity, as provided for in Article 11.3 of Royal Decree 2169/1984 of 28 November.

2.3 Resolve applications for extension of stay in the active service, as provided for in Article 67 of Law 7/2007, of 12 April, approving the Basic Staff Regulations.

2.4 The granting of permits or licenses of the officials assigned to the Government Delegation and Subdelegations of the Government and to the services integrated in the terms set out in Article 11.5 of the Royal Decree 2169/1984, dated November 28.

2.5 Recognition of trienes, as provided for in Article 11.6 of Royal Decree 2169/1984 of 28 November.

2.6 Concession of voluntary leave, in its different forms, except for voluntary leave in the interest of the individual.

2.7 Concession of leave of absence for the care of relatives as provided for in Article 29.4 of Law 30/1984 of 2 August of Measures for the Reform of the Civil Service.

Third. Arrangements for delegations.

3.1 The abovementioned delegations, as reflected in Article 13.1 of Law 30/1992, will not assume the transfer of ownership of the competition, but only of their exercise, so this Delegation of the Government will be able to (a) dictate how many service instructions it considers to be accurate for better coordination of the decisions given by the delegated bodies in the exercise of the powers delegated to them by this act.

3.2 With respect to the delegations granted in the preceding paragraphs, the provisions of Article 13.2 and 13.5 of Law 30/1992, of 26 November, of the Legal Regime of the State Administration, and the of the Common Administrative Procedure.

3.3 In accordance with the provisions of Article 13.4 of Law 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations and the Common Administrative Procedure, administrative decisions which in application of this act shall be adopted by delegation of powers, expressly stating this circumstance and shall be deemed to have been given by the holder of this Delegation of the Government, without, in accordance with Article 13.5 of the said Act, can be delegated to other bodies.

3.4 The delegations of powers of this Resolution will be revocable at any time and will not be an obstacle to the Government Delegate being able to endorse the knowledge of a matter according to the established in Article 14.1 of Law 30/1992 of 26 November 1992, of the Legal Regime of Public Administrations and of the Common Administrative Procedure.

Fourth.

The Resolutions on delegations of competencies of the Government Delegate in Castilla-La Mancha that had been previously carried out on the same subjects remain without effect.

Fifth.

This resolution shall enter into force on the day of its official publication as provided for in Article 13 (3) of Law 30/1992 of 26 November of the Legal Regime of Public Administrations and of the Procedure Common Administrative.

Toledo, August 20, 2015. -Government Delegate in the Autonomous Community of Castilla-La Mancha, José Julián Gregorio López.