In the case of applications for the granting of permits, licenses, or authorizations, once the resolution deadline granted to the Administration by the legal system has expired without it having issued a ruling, they shall be deemed approved. For the application of tacit consent (silencio positivo), it shall suffice for the administered party to present to the Administration a sworn statement (declaración jurada), duly authenticated, attesting that they have fulfilled all the necessary requirements for the granting of the permits, licenses, or authorizations and that the Administration did not resolve within the corresponding deadline.
These requirements shall be only those expressly stipulated in the laws, executive decrees, or regulations, in accordance with the provisions of Article 4 of this law.
The Administration, within the three business days following receipt of the sworn statement (declaración jurada), must issue a document stating that the deadline for the application of tacit consent (silencio positivo) has elapsed and the application was not resolved in time. If the Administration does not issue this document within the indicated deadline, the application of tacit consent (silencio positivo) shall be deemed accepted and the administered party may continue with the procedures to obtain the corresponding permit, license, or authorization, except in cases where, by constitutional provision, tacit consent (silencio positivo) does not apply.
In compliance with this procedure, the Administration must coordinate internally to inform the procedure simplification officer (oficial de simplificación de trámites), in accordance with Articles 8 and 11 of this law.
No institution may disregard or reject the application of tacit consent (silencio positivo), which operates by operation of law.
When applicable, the Administration shall apply the annulment procedure in administrative proceedings regulated in Article 173 of the General Law of Public Administration (Ley General de la Administración Pública) or shall initiate a judicial process of lesividad to demonstrate that the corresponding requirements were not fulfilled." "Article 10.- Responsibility of the Administration and the official The administered party may demand responsibility from both the Public Administration and the public official and their hierarchical superior, for non-compliance with the provisions and principles of this law.
The responsibility of the Administration shall be governed by the provisions of Articles 190 et seq. of the General Law of Public Administration (Ley General de la Administración Pública); the civil and administrative responsibility of the public official, by its Articles 199 et seq. and 358 et seq.; the criminal responsibility of the public official, as ordered by criminal legislation.
The following specific non-compliances with this law shall be considered serious offenses:
- a)Not accepting the single presentation of documents or demanding more requirements than those established in the law, executive decrees, or regulations, as established in the law.
- b)Not respecting competencies.
- c)Not publicizing procedures or not subjecting them to the law.
- d)Not informing interested parties in a clear and complete manner about the procedure.
- e)Not resolving or assessing petitions, proceedings, applications, and other documents within the deadline established for each of those procedures in the General Law of Public Administration (Ley General de la Administración Pública) or in special law.
- f)Non-compliance with the tacit consent (silencio positivo) procedure.
- g)Non-compliance with the institutional and inter-institutional coordination procedure.
- h)Disrespecting the procedure before a single administrative instance.
- i)Rejecting documents validly issued by other organs, entities, or institutions of the State in the exercise of their own competence.
- j)Not carrying out the cost-benefit evaluation of the regulation, when applicable.
- k)Not complying with the criteria issued by the Ministry of Economy, Industry, and Commerce (MEIC), through the Directorate of Regulatory Improvement (Dirección de Mejora Regulatoria), in compliance with the obligations established in this law and the principles of regulatory improvement. Cases in which the MEIC's criterion is not binding are excluded.
In application of subsection i) above, when an official considers that a document issued by another institution may present defects susceptible to producing a nullity, they shall notify the institution that issued it, and shall have a peremptory deadline of eight business days to verify the defects; once said deadline has elapsed without a response, they shall be obliged to accept the validity of the document, provided it is not annulled in accordance with the provisions of Chapter VI, Title VI, Book I of the General Law of Public Administration (Ley General de la Administración Pública), No. 6227, of May 2, 1978, and its amendments.
In the declaration of personal responsibility of the public official in administrative proceedings, the following sanctions shall be imposed, in order, according to the seriousness of the act and without prejudice to the corresponding civil and criminal responsibility:
- i)Suspension without pay or remuneration of any kind or form from three to eight days, for the first non-compliance.
- ii)Suspension without pay or remuneration of any kind or form from eight days to one month, for the second non-compliance.
- iii)Dismissal without employer liability, for cases of three or more non-compliances.
For purposes of personal responsibility of the public official, the ordinary administrative procedure provided in the General Law of Public Administration (Ley General de la Administración Pública) shall be applied.
State institutions in which the disciplinary regime is regulated by special law or regulation shall adhere to said specific regulation for the processing of the procedure and the application of the corresponding sanctions."