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Resolution Of 7 Of October Of 2016, Of The Confederation Basin Of The Ebro, On Delegation Of Powers.

Original Language Title: Resolución de 7 de octubre de 2016, de la Confederación Hidrográfica del Ebro, sobre delegación de competencias.

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TEXT

The functions of the President of the Basin Agency have been established in Article 30 of the Royal Legislative Decree 1/2001 of 20 July, approving the recast text of the Water Law, as well as in Article 33 of the Royal Decree 927/1988 of 29 July, approving the Regulation of the Public Administration of Water. In addition, Article 195.3 of Law 33/2003, of 3 November, of the Heritage of Public Administrations, confers on it sanctioning jurisdiction in respect of the goods or rights of which the body is a holder or has an attached part.

Article 8 of Law 40/2015, of 1 October, of Public Sector Legal Regime, states that competition is inalienable and will be exercised by the administrative bodies that have it attributed as its own, except for cases of delegation or endorsement. For its part, Article 25.2 of the same legal text states that the exercise of the sanctioning power corresponds to the administrative organs that have it expressly attributed to it, by provision of legal or regulatory status.

Finally, Article 9 of Royal Decree 984/1989 of 28 July, determining the organic structure of the Presidency of the Hydrographic Confederations, determines the possibility that the President delegating part of its functions to the heads of each of the existing administrative units in the basin bodies.

In its virtue, for reasons of effectiveness in the administrative action, and in application of the provisions of article 9 of Law 40/2015, of 1 October, of Legal Regime of the Public Sector, resolute:

First.

Delegate to the Water Commissioner of the Ebro Hydrographic Confederation, in relation to the procedures of a sanctioning nature that are dealt with in this Agency in application of the forecasts contained in Title VII of the recast of the Law of Waters and Title V of the Regulation of Public Hydraulic Dominion, the exercise of the competition for:

Agree on the performance of previous actions in order to know the circumstances of the case and whether or not to initiate sanctioning proceedings.

Agree to the initiation of a sanctioning procedure and its communication to the procedure instructor.

Agree on interim measures to be taken in conjunction with the sanctioning procedure initiation agreement or prior to that.

In the cases of vacancy, absence or illness of the Water Commissioner of the Ebro Hydrographic Confederation, the powers for which the exercise is delegated by this Resolution will be taken up by the Commissioner. Deputy of the Ebro Hydrographic Confederation.

Second.

Delegate to whom the General Secretariat of the Ebro Hydrographic Confederation has, in relation to the procedures of a sanctioning nature that are dealt with in this Agency in application of the forecasts contained in the Title IX of the Law on the Heritage of Public Administrations, the exercise of competence to:

Agree on the performance of previous actions in order to know the circumstances of the case and whether or not to initiate sanctioning proceedings.

Agree to the initiation of a sanctioning procedure and its communication to the procedure instructor.

Agree on interim measures to be taken in conjunction with the initiation agreement of the sanctioning procedure or prior to that.

In the cases of vacancy, absence or illness of the General Secretariat of the Ebro Hydrographic Confederation, the powers of which the exercise is delegated by this Resolution shall be assumed by the person who holds the Head of the Heritage and Services Area of the Ebro Hydrographic Confederation.

Third.

According to the provisions of article 9.6 of Law 40/2015 of 1 October, of Legal Regime of the Public Sector, the delegation granted will be revocable at any time by the body that has conferred it. Similarly, pursuant to Article 10 of this same rule, the President of the Ebro's Hydrographic Confederation may at any time, at any time, be able to endorse the powers the exercise of which is delegated by this Resolution.

Fourth.

The agreements to be concluded, in application of this delegation of the exercise of powers, will expressly indicate this circumstance by pointing out the date of this Resolution. In any case, they shall be deemed to be dictated by the delegating body.

Fifth.

This Resolution shall produce effects from the day following that of its publication in the "Official State Gazette".

Zaragoza, October 7, 2016. -President of the Ebro Hydrographic Confederation, Raimundo Lafuente Dios.