Rights of the interested party in the administrative procedure

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Rights of the interested party in the administrative procedure.

1. In addition to the rest of the rights provided for in this Law, those interested in an administrative procedure have the following rights:

a) To know, at any time, the status of the processing of the procedures in which they have the status of interested parties; the sense of administrative silence that corresponds, in the event that the Administration does not issue or notify an express resolution within the term; the competent body for its investigation, where appropriate, and resolution; and the acts of procedure dictated. Likewise, they will also have the right to access and obtain a copy of the documents contained in the aforementioned procedures.

Those who interact with the Public Administrations through electronic means, will have the right to consult the information referred to in the previous paragraph, in the Electronic General Access Point of the Administration, which will function as an access portal. The obligation of the Administration to provide copies of the documents contained in the procedures will be understood to have been fulfilled by making them available at the electronic General Access Point of the competent Administration or at the corresponding electronic offices.

b) To identify the authorities and personnel at the service of the Public Administrations under whose responsibility the procedures are processed.

c) Not to submit original documents unless, exceptionally, the applicable regulations establish otherwise. In the event that, exceptionally, they must present an original document, they will have the right to obtain an authenticated copy of it.

d) Not to present data and documents not required by the rules applicable to the procedure in question, which are already in the possession of the Public Administrations or which have been prepared by them.

e) To formulate allegations, use the means of defense admitted by the Legal System, and provide documents at any stage of the procedure prior to the hearing process, which must be taken into account by the competent body when drafting the resolution proposal.

f) To obtain information and guidance about the legal or technical requirements that the current provisions impose on the projects, actions or requests that they propose to carry out.

g) To act assisted by an advisor when they deem it appropriate in defense of their interests.

h) To comply with payment obligations through the electronic means provided for in article 98.2.

i) Any others recognized by the Constitution and the laws.

2. In addition to the rights provided for in the previous section, in the case of administrative procedures of a punitive nature, the alleged perpetrators shall have the following rights:

a) To be notified of the facts that are charged, of the infractions that such facts may constitute and of the sanctions that, if applicable, may be imposed, as well as the identity of the instructor, of the competent authority to impose the sanction and the norm that attributes such competence.

b) To the presumption of non-existence of administrative responsibility until proven otherwise.


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