Administrative Appeals and Sanctions in Public Sector Law
PART IV: Administrative Appeals (Continuation)
Section Two: Appeal for Reconsideration
Article 94. The appeal for reconsideration against any official act, intended for personal use, must be filed within fifteen (15) days of notification of the contested decision, before the official who issued it. If the act does not conclude the proceedings, the court before which this appeal is filed shall decide within fifteen (15) days of receipt. Such action cannot be brought against this decision.
Section Three: Hierarchical Appeal
Article 95. The hierarchical appeal shall apply if the lower body decides not to amend the contested act in the manner requested in the motion for reconsideration. The applicant may, within fifteen (15) days following the decision referred to in the preceding paragraph, lodge a hierarchical appeal directly to the Minister.
Article 96. The hierarchical appeal may be filed against the decisions of subordinate bodies of autonomous institutions before their highest governing body.
Against the decisions of these governing bodies, the hierarchical appeal shall operate before the respective Minister of attachment, unless otherwise provided by law.
Section Four: Review Appeal
Article 97. The motion for review of final administrative acts may be filed before the Minister concerned in the following cases:
- When essential evidence to resolve the matter has appeared, which was not available during the processing of the case.
- When the decision was decisively influenced by documents or testimonies declared false by a final court decision.
- When the resolution had been adopted through fraud, violence, bribery, or other fraudulent means, and this event has been established by a final judicial decision.
Article 98. An appeal for review shall only be admissible within three (3) months from the date of the sentence referred to in paragraphs 2 and 3 of the previous article, or from the date the existence of the evidence mentioned in paragraph 1 thereof was known.
Article 99. The review appeal will be decided within thirty (30) days from the date of submission.
PART V: On Sanctions
Article 100. An official or public employee responsible for delay, omission, misrepresentation, or breach of any provision, procedure, process, or deadline established by this Law shall be punished by a fine of between five percent (5%) and fifty percent (50%) of their total remuneration for the month in which the infringement was committed, depending on the seriousness of the offense.
Article 101. The penalty provided in the preceding article shall apply without prejudice to any civil, criminal, or administrative provisions that may be applicable. Other penalties provided by the Administrative Career Law are also reserved.
Article 102. For the imposition of fines referred to in this Act, the procedure established for this purpose by the Organic Law of the National Treasury shall be followed, as applicable.
Article 103. The fine provided for in Article 100 shall be applied by the Minister concerned. The immediate superior must initiate the sanctioning procedure for the implementation of the fine, under penalty of serious misconduct punishable in accordance with the Administrative Career Law.
Article 104. The penalties provided in this Act shall be applied through a reasoned decision.
Article 105. Decisions imposing fines may be appealed for review within fifteen (15) days after publication or notification. The appeal will be decided within thirty (30) days. Against the Minister’s decision, an appeal may be lodged with the administrative litigation jurisdiction, within five (5) working days following notification.
Article 106. Procedures regarding the security and defense of the state are hereby excluded from the application of this Act.
PART VI: Transitory Provisions
Article 107. In administrative proceedings initiated before the effective date of this Act, the terms established herein shall apply from that date, provided that this reduces the processing time.
Article 108. This Act shall take effect six (6) months after its publication in the Official Gazette of the Republic of Venezuela. Within this period, the National Executive shall adopt the necessary rules and regulations and take the administrative measures required for its better implementation.
Given, signed, and sealed in the Federal Legislative Palace, in Caracas, on the seventh day of May 1981. Year 171º of Independence and 122º of the Federation.