Administrative Acts: Publication, Notification, and Execution

Article 71: Prescription of Administrative Decisions

When a subject opposes the execution of an administrative decision, alleging prescription, the administrative authority with jurisdiction over the case shall, within thirty (30) days, verify the time elapsed and any interruptions or suspensions, if applicable, and decide accordingly.

Chapter IV: Publication and Notification of Administrative Acts

Article 72: Publication of General Administrative Acts

General administrative acts, or those of interest to an indeterminate number of persons, shall be published in the Official Gazette corresponding to the agency's decision. Exceptions are administrative acts relating to the administration's internal affairs. Administrative acts for individuals will also be published in the same manner when required by law.

Article 73: Notification of Specific Administrative Acts

Concerned parties will be notified of any official act affecting their subjective rights or legitimate, personal, and direct interests. The notification must contain the full text of the act and indicate, if applicable, the available resources, along with the terms for their exercise and the bodies or courts before which they are to be presented.

Article 74: Defective Notifications

Notifications that do not meet all the terms outlined in the previous article shall be considered defective and will not produce any effect.

Article 75: Delivery of Notifications

The notice shall be delivered to the home or residence of the person or their agent. Signed receipt is required, recording the date of the act, the content of the notification, and the name and identity card of the person who receives it.

Article 76: Publication as Alternative Notification

When it is impracticable to provide notice in the manner prescribed in the previous article, it will be published in a leading newspaper of the local authority where the authority hearing the case is based. In this case, the person is considered notified fifteen (15) days after publication, a fact that will be explicitly noted.

Single paragraph: If there is no daily press in the territorial institution concerned, the publication will be made in a newspaper of wide circulation in the capital of the Republic.

Article 77: Erroneous Information in Notifications

If, on the basis of erroneous information contained in the notice, the person concerned has undertaken any improper procedure, the time will not be taken into account for the purposes of determining the expiration of the terms that correspond to the appropriate appeal.

Chapter V: Execution of Administrative Acts

Article 78: Basis for Physical Acts

No administrative body may carry out physical acts that jeopardize or disrupt the exercise of the rights of individuals without a prior decision that serves as the basis for such acts.

Article 79: Enforcement of Administrative Acts

The enforcement of administrative acts will be performed automatically by the administration itself, except when expressly provided by law that it should be entrusted to the judicial authority.

Article 80: Rules for Enforcement

The enforcement of actions by the administration is carried out according to the following rules:

• When such acts are subject to indirect enforcement with respect to what is required, execution will proceed, either by the administration or the person designated by it, at the expense of the obligated party.
• In the case of acts of personal performance, and if the obligor resists compliance, successive fines will be imposed while in rebellion. In the event of persistent non-compliance, they shall be punished by new fines equal to or greater than those previously applied, giving a reasonable time, according to the administration, to comply as ordered. Each fine shall be an amount of up to ten thousand Bolivars (Bs. 10,000.00), unless another law establishes a larger amount, in which case it applies.

Part IV: Review of Acts in the Administrative Process

Chapter I: Review of Job

Article 81: Validation of Voidable Acts

The Board may, at any time, validate voidable acts, remedying the defects with which they are tainted.

Article 82: Revocation of Administrative Acts

Administrative acts that do not create subjective rights or legitimate, personal, and direct interests for an individual may be revoked at any time, in whole or in part, by the same authority that issued them or by the relevant superior.

Article 83: Recognition of Absolute Nullity

The administration may, at any time, ex officio or upon request of individuals, recognize the absolute nullity of the acts it has issued.

Article 84: Correction of Errors

The Board may, at any time, correct clerical or calculation errors incurred in the setting of administrative acts.

Chapter II: Administrative Resources

Section One: General Provisions

Article 85: Invoking Remedies

The parties concerned may invoke the remedies provided under this chapter against any administrative act that halts a procedure, precludes its continuation, causes helplessness, or is considered final if such act violates their individual rights or legitimate, personal, and direct interests.

Article 86: Written Form of Appeals

Any administrative appeal should be sought in writing, and the requirements of Article 49 will be observed. An appeal that does not qualify will not be admitted. This decision must be substantiated and communicated to the applicant. An error in the classification of the application by the appellant shall not prevent its processing, provided that the letter reveals its true character.

Article 87: Suspension of Execution

The filing of any appeal shall not suspend the execution of the measure unless otherwise provided by law. The body to which recourse is made may, ex officio or at the request of a party, order the suspension of the effects of the contested measure if its execution would cause serious harm to the person concerned or if the challenge is based on the absolute invalidity of the act. In these cases, the relevant body shall require the prior establishment of a bond they deem sufficient. The official shall be responsible for the failure of the bond accepted.

Article 88: Delegation of Decision-Making

No body may decide, by delegation, on remedies invoked against their own decisions.

Article 89: Scope of Administrative Decisions

The administrative body should resolve all matters submitted to it within the scope of its authority or arising by reason of the action, including those put forward by stakeholders.

Article 90: Powers of Reviewing Body

The body competent to decide the motion for reconsideration or the hierarchical appeal may confirm, amend, or revoke the contested measure and order reinstatement in case of flaws in the proceedings, without prejudice to the ability of management to validate voidable acts.

Article 91: Time Limit for Decisions

The motion for reconsideration, when the decision-maker is the Minister, as well as the hierarchical appeal, must be decided within ninety (90) days following its presentation.

Article 92: Appeal to Administrative Litigation

After receiving the appeal for reconsideration or the hierarchical appeal, the person concerned may appeal to the jurisdiction of administrative litigation if the respective decision is not produced or if the deadline for the administration to decide has passed.

Article 93: Open Administrative Litigation

Administrative litigation remains open when the resources brought to exhaust the administrative route have been resolved in a different sense than requested or if there has been no decision within the established deadlines. The deadlines for litigation resources are those established by applicable laws.