Administrative Procedure: Phases and Administrative Silence
Phases of the General Administrative Procedure. Administrative Silence
The 30/92 law is the basic rule that we draw for the development of this topic, going into the essence of this law, the section related to the different phases of the administrative procedure and deadlines.
Technically, the administrative procedure consists of a plurality of events coordinated with each other, so that not every act before any of the following are valid and each subsequent act without any of the above is effective.
The procedure should not be confused with the administrative record, because this is the physical embodiment of the procedure.
The 30/92 law defines the procedure as “the formal channel for the series of events in that specific administrative action to achieve an end.”
The stages of the proceedings are in Title 6 of the Act, “the general provisions on the administrative procedures,” which is dedicated to establishing the rules governing the stages of these phases of the proceeding.
Initiation
The proceedings may be initiated ex officio or upon request of the person concerned.
Requests made by the interested parties must contain:
- The name of and, where appropriate, the person representing the applicant, and the identification of preferred means or place to point to effects of subsequent notifications.
- Facts, reasons, and request that is specific and clear, the application.
- Place and date.
- Signature of the applicant or certifying the authenticity of the will expressed by any means.
- Body, health, or administrative unit that is targeted.
Records that are alike can build themselves, saved substantial identity and intimate connection, and against the decision of accumulation, an appeal cannot be made.
Management
The administrative procedure is driven from the office in its processing. The owners do not have to ask for anything; it is the duty of the administration. The files are released by order of incoaction. That is, according to the date of entry into the registry. This can be overridden with a reasoned decision by the upper body that handles the file. It is not a disciplinary meeting of the established order. All the formalities which by their nature allow a simultaneous impulse can be arranged in a single act. There are 10 days to complete the paperwork, unless a law or instruction otherwise provides.
Instruction
Once the process has begun and has set a start date in order of entry, the instruction phase begins. Arguments and documents can be presented at any time during the proceedings before the hearing process. This includes documents or other evidence.