Administrative Procedure Administrative Procedure is the set of procedural steps are already part of the administration or administered, developed within a procedure, intended to produce legal effects, usually embodied by an administrative act.
From a doctrinal view, the structure of the administrative procedure is shown as a coordinated and rational integration of process-recepticios primarily aimed at an end-unit (make a final decision) and originated by various persons involved in the process [1]
administration being forced to procedimentalizar all its actions, is immersed in a variety of procedures. Thus there are many designs of administrative procedures followed by the various levels of government.
quick exposure of the various administrative procedures that can be found, is as follows:
1. Automatic approval procedures d appraisal.
2. Inter-administrative procedures, external and regulatory requirements.
Inter-administrative procedures .- Also called intraadministrativo are those developed within the scope of the administration itself intended to organize or operate activities or services, establishing a legal relationship between state bodies and agencies and creating an act of internal administration. In
internal acts of public bodies subject are always generated and decisions are administrative acts which meet principles of competition, collaboration and hierarchy. In this respect the general rules do not apply because it is regulated to a public-service user relationship. Examples of internal measures, the budget process, the consultative procedures, etc.
external procedures are those developed .- to the outside of the public administration, legal relationship with a particular issue for purposes of administrative acts.
There is confusion between internal and external events when a public entity who calls for action by a public entity, as given in the case of a license application for construction of a public body.
3. Office procedures and ex parte procedures.
Unleashing procedure is one of the major classifications of administrative law proceedings, it does not remember the service and the public can be encouraged not only by the administration itself but also participatory and democratic way to the citizen.
office administrative procedures, are those sponsored by an individual decision of the competent public official, serving his official duty inherent in the civil service in order to safeguard the public interest.
administrative procedures hand, are initiated at the request of an individual legitimately interested in promoting a statement of intent to the public. The potential of managed to generate administrative procedures are chaired by the right of petition and its various components, such as: i. The petition subjective (Actions and individual petitions, section 107 of the Law 27444), ii. The request for interest (requests diffuse interest, popular or collective), iii. The faculty of administrative conflict (Art. 109), iv. The request for information (Article 110), v. Query formulation (Section 111), vi. Gratia requests (such as pension claims of grace, pardon, etc.. Art. 112), and vii. Compliance with legal duties (tax returns)
4. Mandatory and voluntary procedures.
The first are the general administrative procedures which are necessary for both you and the administration managed to effect to produce a decision of the public body.
On the other hand, the procedure volunteers, are those in which development is optional for the parties, such as dispute resolution procedures.
5. Formalized procedures and not formalized.
formalized procedures, refer to those whose sequence procedimiental regimented by law. For example, the procurement process.
procedures .- Here there is no formalized procedures required that the regulations do not set a specific channel
6. The independent procedures related and complex.
autonomous procedures .- Are those that bear no connection to earlier proceedings or later.
related procedures .- is those who keep some kind of relationship with another procedure without losing their own identity. For example, lasmedidas precautionary or review procedures.
.- Complex procedures and procedures are also known processes, in which they operate administrative procedures, which require their interaction in order to achieve a specific public purpose. Example, operating license application (requires civil defense certificate and certificate of zoning).
Sequence Procedure
1. Procedural acts of the Administration and Managed
At the beginning of an administrative proceeding, either ex officio or upon request, both the Administration and the administrator performs a series of acts within the procedure, they aim to obtain a correct decision administration, this is to act or to determine the veracity of the allegations raised by the parties.
1.1. Procedural Acts Administration .- The Administration has a duty pulse generator procedure ex officio, in accordance with Clause 1.3 of Article IV of the introduction of Law 27444, which includes the principle of own motion under which authorities should lead and drive of its own motion and ordered a procedure or practice of acts that may be useful for clarifying and resolving issues necessary, and consequently the administrative authority may, among many others act the following acts procedimentales_
- Notification (Art. 162)
- Reports (172)
- Clarifications or corrections (201)
- Requirements of information or documents (177)
- Final resolutions
1.2. Procedural acts of Managed .- Regardless of the action or impulse that is bound office administration, are also given the authority to raise various procedural acts, also seeking to determine the veracity of the allegations in the proceedings, these acts are mostly identified with the comfort letter, in which it can initiate the procedure, arguing allegations provide evidence, reports, complaints, incidents start, challenging decisions, etc.
2. The Administrative Writing: Requirements, design and remediation.
The written request or requests are grounded orders as those given in the exercise of their constitutional right to a request made to any of their authorities in order to satisfy their interests.
While there is no express provision that establishes the escritoriedad of orders is obvious given its demand, which does not happen with the requirement of any further formality, unless the rule is established for the special procedures, ie dimension , font, etc, which is a free will of the governed, even the courts have barred the requirement of forms or in any case provide that the issue must be free is the purpose of depriving the right of petition under administration and the law on that basis makes it a requirement of any comfort letter follows:
1. Full names, address, and National Identity Alien card or password, and where appropriate, as representative and the person whom he represents.
2. The concrete expression of the order, the factual basis to support it and, where possible, the rule of law.
3. Place, date, signature or fingerprint, not knowing where to sign or be prevented.
4. The indication of the organ, authority or body which is directed, meaning that, where possible, the authority closest to the user level, according to the hierarchy, with power to hear and decide.
5. The address where you want to receive notifications from the procedure, if different to physical address above under paragraph 1. This observation of address has effect from its display and is presumed subsisting, while not expressly communicated its change.
6. The list of accompanying documents and exhibits, as indicated in TUPA.
7. The identification of the record of the subject matter of proceedings already initiated.
.- Correction of the Writings
now where the letter does not contain any of the requirements set, the receiver unit itself, records of this act on the request remains in the administration and in the copy managed remains in power, setting a deadline of two days to cure such default, otherwise shall be deemed not filed and will be available if any refund of duty paid.
also if after the letter accepted by the receiving unit, an entity may, under Article 132 paragraph 4) of Law 27444, grant a period of 10 days to remedy any gaps identified by the unit resolucitiva or decision,
3. Home Administrative Procedure
the initiative on the part of office by the administration.
[1] MORON URBINA, Juan Carlos. "Commentary on the General Administrative Procedure Act." Ed Law Gazette. Lima 2006 p. 208
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