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Obligation to resolve.
1. The Administration is obliged to issue an express resolution and to notify it in all procedures, whatever their form of initiation.
In the cases of prescription, waiver of the right, expiration of the procedure or withdrawal of the request, as well as sudden disappearance of the object of the procedure, the resolution will consist of the declaration of the circumstance that occurs in each case, indicating the events produced. and the applicable regulations.
Exempted from the obligation referred to in the first paragraph are the cases of termination of the procedure by agreement or agreement, as well as the procedures related to the exercise of rights subject only to the duty of responsible declaration or communication to the Administration.
2. The maximum term in which the express resolution must be notified will be the one set by the regulation governing the corresponding procedure.
This period may not exceed six months unless a regulation with the force of Law establishes a longer one or so is provided for in European Union Law.
3. When the rules governing the procedures do not set the maximum period, it will be three months. This period and those provided for in the previous section will be counted:
a) In procedures initiated ex officio, from the date of the initiation agreement.
b) In those initiated at the request of the interested party, from the date on which the request was entered in the electronic register of the Administration or Organism competent for its processing.
4. Public Administrations must publish and keep updated on the web portal, for informational purposes, the lists of procedures under their jurisdiction, indicating the maximum terms for their duration, as well as the effects produced by administrative silence.
In any case, the Public Administrations will inform the interested parties of the maximum period established for the resolution of the procedures and for the notification of the acts that put an end to them, as well as the effects that administrative silence may produce. Said mention will be included in the notification or publication of the ex officio initiation agreement, or in the communication that will be addressed to the interested party within ten days following receipt of the request initiating the procedure in the electronic registry of the Administration or Competent body for processing. In the latter case, the communication will also indicate the date on which the request has been received by the competent body.
5. When the number of requests made or the people affected could mean a breach of the maximum term for resolution, the body competent to resolve, at the reasoned proposal of the examining body, or the hierarchical superior of the body competent to resolve, at the latter's proposal , they will be able to enable the personal and material means to comply with the adequate dispatch and on time.
6. The personnel at the service of the Public Administrations that are in charge of dispatching matters, as well as the heads of the administrative bodies competent to instruct and resolve are directly responsible, within the scope of their powers, for compliance with the obligation. law to issue an express resolution within the term.
Failure to comply with said obligation will give rise to the demand for disciplinary responsibility, without prejudice to that which may arise in accordance with the applicable regulations.
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