Administrative Procedure Rules and Legal Framework

What is the Proof in Administrative Proceedings?

The proof is a means to establish relevant facts in the decision of a proceeding. When the Administration is not aware of the facts alleged, the instructor of the procedure should order the opening of a trial period for a period not exceeding 30 days or less than 10 days. Evidence can only be rejected if it is irrelevant or unnecessary. The time of testing, if the procedure is not established, is decided by the Administration, which should inform interested parties of the beginning with sufficient time.

Understanding Estoppel in Administrative Law

Estoppel refers to the final closing of each of the stages of administration, preventing the return to process steps already taken or currently in progress, since the administrative process is a sequence of events.

The Importance of Estoppel in a Proceeding

The administrative procedure is characterized by a sequence of acts intended to reach an end. This is where the importance of estoppel lies, as it is the final closing of each of the stages of the process, preventing the return to process steps already taken or moments; i.e., the impossibility of returning to procedural times already extinguished and/or accomplished.

Methods for Terminating Administrative Procedures

The procedure may be terminated by:

• Final resolution
• Withdrawal
• Declaration of abandonment or forfeiture
• Physical inability to continue due to supervening causes

Provisional Measures in Administrative Law

Provisional measures are provisions that authorities can take in the proceedings in the interim and pending judicial sentencing. They ensure the effectiveness of the decision that could fall. The administrative body can take these measures on its own or upon request.

Interim measures must be confirmed, modified, or lifted at the initiation of proceedings to be made within fifteen days after their adoption. Authorities cannot adopt provisional measures that may cause damage that is difficult or impossible to repair for stakeholders, or involving a violation of rights protected by law.

Provisional measures may be lifted or amended during the pendency of the proceedings, ex officio or upon request, by supervening causes or circumstances that may be taken into account at the time of its adoption. In any case, the measures enacted are extinguished with the efficiency of the administrative decision terminating the proceedings.

Classification of Administrative Procedures

Administrative procedures are classified as follows:

• According to processing requirements: Formal and non-formalized procedures.
• With citizen participation: Triangular or arbitration procedures, and penalty procedures.