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Resolution Of 29 Of June Of 2015, Of The Delegation Of The Government In The Comunitat Valencian, On Delegation Of Powers.

Original Language Title: Resolución de 29 de junio de 2015, de la Delegación del Gobierno en la Comunitat Valenciana, sobre delegación de competencias.

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TEXT

The Organic Law 4/2015, of 30 March, of protection of citizen security, which according to the final disposition fifth of it will enter into force on July 1, 2015, attributes to the governing body of the delegations of the Government certain sanctioning powers.

In the area of the Valencian Community constituted by three provinces, the high number of cases that are instructed in this field, together with the necessary compliance with the principles of efficiency, effectiveness and due agility In its proceedings, which provides for Article 3 of Law No 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations and the Common Administrative Procedure, they advise the possibility of delegating their exercise to the Subdelegates of the Government, as established bodies in each province, integrated in this Delegation of the Government and dependants hierarchically of the same, without prejudice to the permanent control and knowledge of the exercise of such competence.

Under Article 13 of Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure, and prior knowledge of the Ministry of the Interior, by reason for the matter, and from the Ministry of Finance and Public Administrations, I have resolved:

First.

Delegate to the Subdelegates of the Government of Alicante, Castellón and Valencia the exercise of the following powers:

(a) The jurisdiction to sanction serious and minor violations in the field of citizen security, as set out in Article 32.1.c) of Law 4/2015, of 30 March.

(b) Competition to take the provisional measures, as provided for in Article 49 of Law 4/2015, of 30 March.

(c) Competition to prohibit and suspend entertainment and recreational activities, where there is a certain danger to persons and property, or serious disturbances of public security, provided for in the Article 27 of the same Law 4/2015 of 30 March, in those cases where the decision was the governing body of this Delegation of the Government.

Second.

Delegate to the Secretary General of the Government Delegation to the Valencian Community and to the Secretaries-General of the Subdelegations of the Government of Alicante and Castellon the competence to agree the opening of the penalties for serious and minor infringements, in the field of public security, which is implicit in the competence of Article 32.1.c of that Article, of 30 March 2015, as provided for in Article 10.2 of the Regulation of the European Parliament and of the Council Procedure for the exercise of sanctioning powers, approved by Royal Decree 1394/1993, dated August 4.

Third.

These competition delegations do not assume the transfer of the ownership of the competition, but only their exercise, and therefore the resolutions to be adopted will be considered to be dictated by the delegation's head office. of the Government.

Fourth.

Any use of the delegation granted in this resolution shall be expressly stated in this circumstance.

Fifth.

This delegation of powers shall not be an obstacle to the assessment of the knowledge and resolution of a particular case, in accordance with Article 14.1 of that Law No 30/1992 of 26 November.

Sixth.

Paragraphs 2.1 and 2.2 of the third paragraph of the third paragraph of the Resolution of 26 March 2002, whereby certain powers are delegated to the subdelegates of the government and other bodies, are left without effect.

Seventh.

This resolution shall be published in the "Official State Gazette" and shall have effect from the day following its publication.

Castellón, June 29, 2015.-The Government Delegate in the Comunitat Valenciana, P. S. (Law 30/1992, November 26), the Deputy Government Delegate in Castellón, David Barelles Adsuara.