Theme 17

THEME 17

CITIZENSHIP ATTENTION (I). RELATIONS BETWEEN

THE HEALTH ADMINISTRATION AND THE CITIZENS IN
THE ANDALUSIAN HEALTH SERVICE. THE INFORMATION
ADMINISTRATIVE. SUGGESTIONS AND COMPLAINTS.
THE PRESENTATION OF WRITING AND COMMUNICATIONS AND THE
DOCUMENT RECORDS. PRESENTATION CONCEPTS,
RECEPTION, ENTRY AND EXIT OF DOCUMENTS.

THE RELATIONS BETWEEN ADMINISTRATION

HEALTHCARE AND CITIZENS IN SERVICE
ANDALUSIAN HEALTH
1.1. ATTENTION TO CITIZENS
1.2. WELCOME
1.3. PERSONALIZED ATTENTION
1.4. TELEPHONE ATTENTION
1.5. TELEPHONE ATTENTION

2. THE ADMINISTRATIVE INFORMATION

2.1. TYPES OF ADMINISTRATIVE INFORMATION
2.1.1. General information
2.1.2. Specific information
2.1.3. Specialized information
2.2. CHARACTERISTICS OF ADMINISTRATIVE INFORMATION
2.3. THE ADMINISTRATIVE INFORMATION OFFICES
2.4. ADMINISTRATIVE INFORMATION IN THE FIELD OF
AUTONOMOUS COMMUNITY OF ANDALUSIA

3. SUGGESTIONS AND COMPLAINTS

3.1. CONCEPTS
3.2. THE BOOK OF SUGGESTIONS AND COMPLAINTS
3.2.1. Presentation of suggestions and complaints
3.2.2. Processing of suggestions and complaints

4. THE PRESENTATION OF WRITTEN DOCUMENTS AND COMMUNICATIONS

CIONES
4.1. INTRODUCTION
4.2. PLACES OF PRESENTATION
4.3. MEDIA OF PRESENTATION
4.4. EFFECTS OF THE PRESENTATION
4.5. STANDARDIZED REQUEST MODELS
4.6. PRESENTATION RECEIPTS

— 333 —
Syllabus

5. THE DOCUMENT RECORDS

5.1. CONCEPT OF REGISTRATION
5.2. LEGAL REGULATION
5.3. GENERAL AND AUXILIARY REGISTRATION OFFICES
5.4. OPERATIONS TO BE CARRIED OUT ON THE DOCUMENTS

6. PRESENTATION, RECEPTION CONCEPTS,

ENTRY AND EXIT OF DOCUMENTS
7. SPECIAL REFERENCE TO ELECTRONIC RECORDS
TRONICS
7.1. LEGAL REGULATION
7.2. ADMINISTRATIVE RECORDS IN THE LAW
11/2007, JUNE 22, ELECTRONIC ACCESS OF
THE CITIZENS TO THE PUBLIC SERVICES
7.2.1. The creation of electronic records
7.2.2. Types of documents that can be accepted by the records
electronics
7.2.3. Operation of electronic records
7.2.4. Calculation of deadlines
7.2.5. Functions of electronic records
7.3. NOTIFICATIONS AND COMMUNICATIONS
7.3.1. Notifications
7.3.2. Communications

— 334 —
 Theme 17

1. THE RELATIONS BETWEEN HEALTH ADMINISTRATION AND THE

CITIZENS IN THE ANDALUSIAN HEALTH SERVICE

1.1. Atención a los ciudadanos

The information and attention to users of health services are
essential rights in the relationship between the health administration and the citizens
let us know in the Andalusian Health Service whose regulation and development is
I need to address through norms that update and enhance the organization, the
functioning and coordination of the administrative services that focus
his work in information and citizen assistance tasks.
On the other hand, along with the improvement of information to the citizen, in the
Currently, the reduction and simplification of is considered of vital importance.
the administrative procedures, the improvement of the functioning of the services
and the continuous incorporation of new information technologies and the
communication, applied to administrative management. All these actions
they are the articulating axes whose development will enable facing the challenge of the
modernization, ensuring the provision of public services in the manner
as effective and participatory as possible.

1.2. Reception
The reception represents the personalized contact of the Administration
healthcare through its servers with the citizen in the Andalusian Service
of Health and demands active listening from the personnel of the Andalusian Health Service
and the implication of this in the citizen's situation of need.
Healthcare employees must act at all times following the
constitutional principle of effectiveness, as well as the rules of economy, celebrate-
rid of "administrative receptivity" and reducing to the minimum indispensable
data and documentation requests.
Likewise, healthcare workers are required to observe the rules.
social and ethical coexistence, to maintain the proper decorum with the public,
to inform this one of the purposes, competence, and functioning of the bodies
from the Administration, to cooperate with the administered, to attend to and process
in the respective services, the complaints that arise from neglect,
delays or other anomalies that are observed in the operation of the
services, to fully comply with the established schedule and to strive in
the improvement of their professional skills and work capacity.

1.3. Personalized attention

Personalized attention to the citizen will include the functions if-
next:
a) From reception to citizens, in order to provide them with orientation
and help that they need, particularly related to the location of
dependencies in healthcare centers.

— 335 —
Syllabus

b) Of orientation and information, whose purpose is to offer the acla-

rations and practical assistance that citizens require
about procedures, paperwork, requirements, and documentation for the
projects, actions or requests that are proposed to be carried out, or to
access the enjoyment of a public health service or benefit from
a benefit. This way of facilitating citizens' exercise
of their rights, in no case may it imply an arguable response
in the procedure referred to in article 37.10 of the Law
30/1992, of November 26, on the Legal Regime of the Administrations
Public actions and the Common Administrative Procedure, nor have
legal or economic transcendence, but a simple determination
of concepts, information on legal options or collaboration in the
completion of forms or requests.
c) From receiving the suggestions made by the citizens, for
improve the quality of services, increase performance or the
saving public spending, simplifying procedures or eliminating those that are
unnecessary, or any other measure that implies a greater degree of
satisfaction of society in its relations with the Andalusian Service
of Health.
d) From the reception of the claims made by citizens
to improve the quality of the services provided, detect the fun-
incorrect actions to correct them and promote participation
and citizen involvement in the continuous improvement of the Andalusian Service
of Health.
e) Assisting citizens in the exercise of the right to petition,
recognized by article 29 of the Constitution.

1.4. Telephone attention

Any information request that citizens direct to the phone
of general information to the citizen that is established or to another number of
telephone of the administrative bodies of the Andalusian Health Service must
answer in the following way:
a) The general information phone line must provide any
type of information contained in the information system for the city
damage. If the request for information made by the citizen is not
could be resolved with the resources available to the employee of
telephone assistance, this will take the citizen's contact details
and will provide you with his name, with the commitment to respond to you
as soon as possible.

b) If the call is directed to any phone number other than the

general information phone will be answered directly when
it is about information that can provide the service to which the
the citizen has made the call.

— 336 —
 Theme 17

1.5. Telematic attention

Citizen service via telematics is being implemented in the
current situation taking into account the evolution of the technical characteristics of
the telematic means.
In this way, the information is offered on the Internet organized into
the corresponding website and configuring itself as the service portal of
the administration in its relationship with citizens.
The telematic information system will contain, at a minimum, the info-
information about the relevant dataset for the citizen regarding the
use of public services, specifically regarding assistance, services,
competent authorities and necessary documentation to make them effective
rights that derive from it.
The previous listing of informative data is not entirely exhaustive.
since the Administration tends progressively to introduce all the
información administrativa, general o especializada que sea de interés para
the citizens, thus ensuring a single consultation environment.

2. ADMINISTRATIVE INFORMATION
Administrative information is a proper channel through which
citizens can access the knowledge of their rights and obligations and
to the use of public goods and services.

2.1. Types of administrative information

The information entrusted to the information units and offices
It may be general, specialized, or particular.

2.1.1 General Information

The general information relates to inquiries regarding

fines, competence, functioning, and services provided by the different
organs and administrative units. Likewise, it will include all that pertains to
fair to the organization of services, location of dependencies, schedule
office hours, visiting hours, processing of the different types of files,
documentation required, management methods, public lists and, in general,
how many clarifications and requirements serve as an illustration for those who have
of relating to the Administration.
In the field of the Administration of the Junta de Andalucía, the Decree
204/1995, of August 29, which establishes organizational measures for
the administrative services of direct attention to citizens defines the
general information such as "that which serves as guidance and illustration to the
citizens who are to interact with the Andalusian Administration and whose

— 337 —
Agenda

The objective is to facilitate the right of access to public services. It will address
the purposes, competencies, and functioning of the different organs and units,
understanding all aspects of the organization, public services that
provide, procedures that manage, processing modalities and documents
required by them, public lists, responsible units, local-
localization of dependencies and, in general, all information that allows
citizens to interact with the different services with no other limitation than
the derivatives of their competitive scope, of the material means
available and of the communication system chosen by the citizen.
The function of general administrative information will correspond to the
units or jobs that may uniquely exist for this
function in each center or department and, failing that, to that personnel who
the responsible authority shall designate.

General administrative information must be provided without any type

neither delays nor restrictions on the response time or on the means
of communication or support chosen by the applicant, provided that it is
find the center that should produce the information.

2.1.2. Particular information

The specific information refers to the knowledge in any
moment of the status of processing of an administrative file and to
those more specialized orientations that necessarily must be
attended to by the corresponding management unit in a personalized manner, and,
which will be accessed through an agreed system, reconciling the non
distraction or disturbance of the normal performance of the administrative function
and the comfort and ease for the interested party.
Particular administrative information enables the exercise of
rights and specific legitimate interests of citizens, covering facets
as information on the legal or technical aspects that must be met by the
initiatives that citizens propose to carry out before the Administration,
knowledge of the status of processing of the procedures in which they have
the condition of interested parties or identification of the authorities and personnel
under whose responsibility the procedures will be processed according to the
legal and regulatory standards.
The mentioned Decree 204/1995, of August 29, which establishes medi-
the organizational structures for direct administrative services to the
citizens define particular information as "that which enables the
exercise of concrete rights and legitimate interests of citizens and see-
it will be about the legal or technical aspects that initiatives must meet
that citizens propose to carry out before the Administration, to know the
status of the processing of the procedures in which they have the condition
of interest, and the identification of the authorities and the personnel under whose
responsibility is processed according to what is established
in the current laws and regulations.

— 338 —
 Theme 17

The function of specific administrative information will correspond to

the heads of section or similar bodies with responsibilities in the
subject or the procedure, according to what is provided in Decree 90/1993,
July 13.
The Administration will provide the appropriate means and channels for each case.
and type of information or matter that is desired to be known and requested, even the
personal communication in the case that it has been requested or in those
others in which the confidentiality or complexity of the information to be handled it
require and in this way agree with the applicant. The corresponding
interviews should be scheduled through prior appointment times that
allow to safeguard the ease and comfort of the interested parties at the same time
that the normal performance of the administrative functions of the units
managers, and in no case will they be an obstacle or delay to the effective exercise
of the rights of the citizen.
In the event that the applicant wishes to know the status of processing
of the procedures in which I have the status of interested party and in their
if obtaining copies of documents contained in them, must first
to believe that it is legitimized to do so.
The specific information can therefore be requested and provided in a way
oral, but since you need to be legitimized to obtain that information, the
telephone information would be ruled out here given the difficulty of verifying
that the communicator is the authorized person.
When the information to the citizen refers to data of a personal nature
personal issues that somehow affect the intimacy or privacy of individuals
physical, the information will be provided with the limitations and under the terms
established in Organic Law 15/1999, of December 13, on protection
of personal data, and in Article 37 of Law 30/1992, of 26 of
November related to the right of access to files and records.

2.1.3. Specialized information

The information will be considered specialized when, due to its characteristics
specific, requires a deeper exploration in the response or be precise
make complementary consultations.
The Citizen Attention Offices will channel the appointments that the
citizens can request with the technicians from the different departments
administrative in order to provide them with specialized information
that they need.

2.2. Characteristics of administrative information

The characteristics of administrative information, both of a character
general, specialized or particular are the following:

— 339 —
Syllabus

It will be clear and concise, referring precisely to the characteristics.

services and content of the service being reported.
It must be complete, allowing for the demands to be addressed.
the citizen or initiate processes without having to do new ones
consultations.
It will be provided in the clearest way for your understanding, utili-
taking the form and means provided for in the law or regulations.
It will have exclusively illustrative character and will not be able to give rise to rights.
chosen rights expectations.
It should be constantly updated and up to date, needing to be re-
remove those obsolete contents as quickly as possible.
— It must not directly or indirectly harm rights or interests of
the applicants, of the interested parties, of third parties or of the Ad-
public administration.

2.3. The Administrative Information Offices

Without prejudice to the information functions they must perform
the different management centers, there is an Administrative Information Office
procedure, created by Royal Decree 53/1983, March 9.
The Administrative Information Offices are responsible for
list the following functions:
Facilitate general administrative information about the purposes,
competencies and functions of the organisms and services.
Information about the location and headquarters of the dependencies and organizations
mechanisms, as well as their schedules.
Reception of visitors, guiding them on the procedures they require
to carry out.
Receive and process suggestions or initiatives.
Receive and process complaints or grievances about the operation
of the administrative services.
Receive and perform the register entries of all written communications
the job or office that is presented in its dependencies proceeding to
refer it to the appropriate department, service, or section.
Perform any other functions that are assigned to them.

— 340 —
 Theme 17

2.4. The administrative information in the scope of the Au- Community

tone of Andalusia
The right to administrative information in the context of the Community
The Autonomous Community of Andalusia refers to article 80 of Law 9/2007, of 22 of
October, from the Administration of the Andalusian Government according to which:
1. All citizens have the right to be informed, in general, about
the services of the Administration of the Junta de Andalucía and,
particular, on matters that affect him. Regulatory provisions are
they will determine the means through which services will be provided
of interpretation in Spanish sign language for people who
they need them.
In order to facilitate the right to information for citizens, the
The Administration of the Junta de Andalucía is required to:
a) Provide updated information about the organization itself and
about the main public services and benefits, as well as
provide all information related to identification and
the location of the organs and administrative units, espe-
especially through clear, complete, accessible websites and
updated.
b) Provide general information on the current procedures of
the competence of the Administration of the Junta de Andalucía,
especially using electronic means that per-
with quick and effective access to that information.
c) Adopt the multichannel strategies for citizen service
to expand and integrate the information channels between the
Administration and citizenship.
d) Inform about the means of appeal and complaint to the
scope of the citizen.
3. The Administration of the Junta de Andalucía will inform the communities
Andalusian communities located outside of Andalusia regarding services
and public benefits of which they may be beneficiaries.
In the same vein, article 86 of this same regulation states that "the
citizens have the right to access public information, archives, and records
three in the terms and conditions established in the Constitution, in
the Law on Transparency, Access to Public Information, and Good Governance,
in the Public Transparency Law of Andalusia and others that may result from
application.

— 341 —
Syllabus

3. SUGGESTIONS AND COMPLAINTS

3.1. Concepts
A suggestion is understood as any initiative from citizens directed
to the Administration, indicating the measures that could be adopted
in order to improve the functioning of the services.
The claim consists of a complaint or report submitted by anyone
a person, whether natural or legal, who, in their relationships with the Administration
consideration has been subject to neglect, delay or any other
anomaly resulting from a supposed malfunction of the services.
The attention and handling of complaints, suggestions, and claims consists of
in a citizen participation medium, through which they can do
to submit your complaint, suggestion, or claim to the Administration, in the case of
that has suffered any neglect, delay, or any anomaly in its
relationship with the citizen or has observed any malfunctioning of the
services of the Administration.
It is a very valuable source of information, as it allows for
obtain data on both the strengths and weaknesses of the organization
organization, which is why it is an indirect source of knowledge of the
quality of the services provided. In this way, suggestions are considered
and complaints as opportunities for improvement for the Administration, to the
since the citizens themselves collaborate and participate through this channel,
in the design of higher quality public services.
The user feels disappointed when the sanitary service does not respond.
to what he expects. It may occur that his expectations are inadequate (that
wait for something impossible or inappropriate), but it can also happen that there are
problems or opportunities for improvement in the services that professionals do not
they have detected.

A complaint is the expression that a user makes of their discomfort regarding a

action of the SAS, whether it is due to the actions of a professional or whether it is
refers to organizational aspects. General actions in response to a complaint
they do not depend on whether it has been expressed orally or in writing in the complaint book
suggestions or recommendations, by fax or by any other means. As a general rule
and regardless of the tool used to make the complaint, the
complaint or suggestion, the user will always be answered. In the complaints-
Actions taken through the complaints or suggestions book will be fulfilled
the legally established procedure.
Every complaint, justified or not in the professional's opinion before whom it is presented
press, must be treated as an important source of information about the
operation of health services. It may not indicate that there has been
a poor performance, but at times there may have been information
deficient or inadequate treatment.

— 342 —
 Theme 17

The professional to whom a user files a complaint will attend to them whether or not
It is the result of your personal performance as if it were not. Yes, at the discretion of the pro-
professional, he himself does not have enough knowledge to help the user
and will be better attended to by another professional or unit, after listening to you, they
will direct towards that person or unit.
Justifying oneself is not responding to a complaint. Responding is listening intently.
tando averiguar las circunstancias que pueden explicar el malestar expresado,
provide explanations if the user's discomfort is due to lack of information
or if it is the result of an internal error, try to resolve the situation
and finally inform those responsible so that they take it into account and
avoid those circumstances in the future.
Although any professional must attend to (and, if necessary, guide) a
user who has expressed a complaint, the directors of the centers, or people
those who delegate will assume the role of attending to users when
these or the professionals demand it.
The task of representing the SAS in formal responses to the complaints
actions that are presented in care centers correspond only to the
people who hold management positions. They can delegate this function to others.
people whenever they consider it appropriate and under their direct responsibility.

3.2. The suggestion and complaint book

Decree 262/1988, of August 2, which establishes the Book of
Suggestions and Complaints of the Junta de Andalucía is configured, with ca-
common character throughout the Andalusian Administration, as the most important instrument
suitable for collecting and processing complaints and suggestions from citizens
They want a form regarding the operation, mode of provision, or quality of the
public services managed by the Junta de Andalucía, when they consider
that have been the subject of any type of neglect or irregularity or when
Think that any of these aspects can be improved.
This Book aims to facilitate the presentation of suggestions and
complaints that citizens deem appropriate about the functioning
of the services and units dependent on the Administration of the Board of
Andalusia.
The Book of Suggestions and Complaints is available, without prejudice.
from its location in other departments where it is deemed appropriate, in the
General Records of the Councils of the Junta of Andalusia and in the
Provincial delegations.
Currently, the Suggestions and Complaints Book is comprised of
for numbered copies of the documentation in which it is formulated
suggestion or complaint. There are separate and complete games of sheets for re-
claims, made with carbonless paper.

— 343 —
Syllabus

The complaints filed will in no case be considered

of administrative resources. They will not suspend the established deadlines in the
current regulations for filing them.
Those interested, in addition to the complaint they file in the Book, may
to file the claims and appeals they deem appropriate.
The procedure for resolving suggestions and complaints is carried out
through the phases of presentation and processing.

3.2.1. Presentation of suggestions and complaints

They can file complaints in the Suggestions and Complaints Book.

natural or legal persons who, in their relations with the Administration
Autonomous communities believe they have been subject to neglect, delay or
any other anomaly resulting from an alleged malfunction of
the services of it.
In the same Book, natural or legal persons who wish to do so may
to record your suggestions to improve the effectiveness of the service.
There is also the possibility of submitting complaints and suggestions.
through 'videotex' terminals, accessing via the Server Center
Videotex of the Junta de Andalucía.
It may also be presented in the following places, in the event that
the complaint is a reiteration of previous ones:
a) In the Suggestions and Complaints Book of the registry office
from the Department of Justice and Public Administration, in case it affects
to the central services.
b) In the Suggestions and Complaints Book of the registration office
the Delegation of the Government of the Junta de Andalucía, in case it affects
to peripheral services.

3.2.2. Processing of suggestions and complaints

Once formalized, the registration unit will proceed with the proceedings.
sections corresponding to the Administration, sealing all the pages with
the seal of the registry and a copy will be provided to the interested party.

Once the previous procedure is completed, if it is formalized in the Book of

Suggestions and Complaints from the registration office of the department
directly affected, it must immediately transfer the original to
responsible for it and simultaneously send a copy to the Pro Inspector
Provincial Service of the Government Delegation of the Junta de Andalucía
in the province or to the General Inspection of Services when the dependency
affected by the central services.

— 344 —
 Topic 17

If it is formalized in the Suggestions and Complaints Book of the registry

general of some of the Government Delegations of the Junta de Andalucía,
he will send it to the Provincial Inspector of Services, who will proceed to the
in case the affected dependency corresponds to peripheral services, to
send the original to the affected department, and file a copy for
the inspection. In the event that the affected department is of the services
centrals will send the original and the copy to the Inspection, which in turn will send
the original to the affected department.
If it is formalized in the Suggestions and Complaints Book of the registry
general of the Ministry of Justice and Public Administration, he will send it
to the General Inspection of Services, which will in turn send the original to
the affected dependency.
Once the complaint is received by the affected department, within the period
within 15 days must inform the governing body to which it depends, being able to
previously gather from the interested party any clarifications deemed necessary.
The managing body to which the affected department belongs will notify the
reporting the actions taken and the measures adopted in your case,
transmitting the evacuated report and the notification to the interested party to the body
peripheral or central of the General Inspection of Services.
In the event that indications can be deduced from the filed complaint
In case of abnormal functioning of the services, the Provincial Inspector will put it
with the knowledge of the Coordinating Inspector General, who will order the practice
of the corresponding actions.
The result of the same and the text of the complaint will be sent by
the Counselor of Justice and Public Administration to the Counselor that in each
if applicable.

4. THE PRESENTATION OF WRITTEN DOCUMENTS AND COMMUNICATIONS AND THE

DOCUMENT RECORDS

4.1. Introduction
The most transcendental and positive contribution of Law 30/1992, of 26 of
November, of the Legal Regime of Public Administrations and of the Pro-
The Common Administrative Procedure is the enshrinement of a series of rights.
of the citizen in their relations with public administrations, which
reflected in the legal text itself.
Among such rights, the one recognized in
article 35.c) of the aforementioned Law in that it empowers citizens to obtain
sealed copy of the documents they submit, providing it together with the original
ginales, así como a la devolución de éstos, salvo cuando los originales deban
act in the procedure.

— 345 —
Syllabus

This must be added to the forecast made by article 70 regarding the

expedition by the Administrations of receipts of the applications, writings and
communications submitted by citizens and the possibility, enshrined
for article 46, that the bodies that are assigned by regulation
such competence in each public Administration, issue authentic copies
of public and private documents, which constitutes one of the novelties
most noteworthy of Law 30/1992.
All these forecasts, along with the new regulation of the places of
the presentation of documents in article 38 shapes the basic pillars
the framework in which participation should largely develop
citizens in the processing of procedures and actions of the
Administration that concerns them.

4.2. Presentation venues

Citizens have the right to submit requests, writings, and co-
communications directed to the bodies of any public Administration
or of the public law entities linked to or dependent on them, thus
such as the supplementary documentation accompanying those, in which-
Do you want any of the following places:
a) At the registration offices of the administrative body to which they are addressed.

b) In the registration offices of any administrative body

nothing to the General Administration of the State, or of the Organisms
public bodies linked to or dependent on it.
c) In the registration offices of any administrative body belonging to
nothing to the Autonomous Administration.
d) In the records of the entities that make up the Administration
local, provided that the corresponding subscription has been previously made
agreement.
e) In the post offices, in the established regulatory form-
mind.
f) In the diplomatic representations and consular offices of Spain
abroad.
g) In any other that established by the current regulations.
Through collaboration agreements signed between the administrations
public systems for intercommunication and coordination will be established
records that ensure their IT compatibility, as well as the trans-
telematic mission of the registered entries and of the applications, writings,
communications and documents presented in any of the records.
In the field of the Administration of the Junta de Andalucía, the writings,
requests and communications addressed to it can be submitted to:

— 346 —
 Theme 17

a) The registration of any body of the regional Administration.

b) In the places indicated in sections a), b), c), d), e), f), and g) an-
interiors.
c) In the records of any Town Hall in the Autonomous Community
from Andalusia. Royal Decree 204/1995, of August 29, imposes on
the municipalities have the obligation to accept the submission of documents,
requests and communications, without the need for it to be established the
opportune agreement indicated in the LRJ-PAC.
d) By means of telefax, and other electronic, computer or
telematic, in cases where the regulatory standards do not require
your presentation of original documents, authentic copies of do-
documents or the original signature and as long as it is provided as a means
of communication and the corresponding record to have equipment
authorized by the Department of Justice and Public Administration. In
in the event that the use of other electronic means is intended,
IT or telematics, regulatory approval will be necessary.
by the competent authority in the procedure, following a report from the
Department of Justice and Public Administration.
e) In the document boxes, once the offices are closed to the public
Registration until midnight on all working days.
the presentation of these documents will be registered according to the day
in which they were deposited. For this, the Head of Service, the Secre-
general directors of the Government Delegations, or their delegates,
They must keep a record of all the documents that have been submitted.
on the previous business day. They are located in the Ministry of Justice
and Public Administration and in the Government Delegations of the
Andalusia Board.
f) In the records of the Unified Response Offices (O.R.U.).
Unified Response Offices were created as a consequence
from the application of the Pact for Employment and Economic Development of
Andalusia and the IV Agreement on Social Concertation of Andalusia, for
participate in the processing of all procedures for the implementation
in the implementation and functioning of economic activity initiatives
case of job generators or employment of SMEs (small and
medium-sized companies) as well as the facilities or establishments
necessary to develop them. Their foundations of creation, organization and
operation is regulated by Decree 146/1998, July 7. There are
one in each of the Andalusian provinces, and they are affiliated with the
Delegation of the Government of the Junta of Andalusia. They have considered
Establishment of Administrative Information Offices, auxiliary records
from the documents of the affected provincial bodies and Units
administrative managers.
g) Through the Internet in the procedures established for that purpose.

— 347 —
Syllabus

4.3. Presentation media

The submission of applications, writings, communications, and documents in
any of the planned places can be carried out on paper or by
computer, electronic or telematic media, and telematics

4.4. Effects of the presentation

The date of entry of requests, writings, and communications addressed
the Administration will have effects regarding compliance with deadlines
of the citizens.
The date of entry for applications, writings, and communications in the
registration offices of the competent authority for its processing will produce as
effect the start of the computation of the deadlines that the Administration must fulfill
and in particular the maximum time limit for notifying the express resolution.

4.5. Standardized application models

When it is deemed appropriate to facilitate citizens' contributions.
of the required data and information or to simplify the processing of the
corresponding procedure, the competent authority for its instruction or
The resolution may establish standardized application models. In any case,
Such models must be established when the indicated circumstance occurs.
in Article 70.4 of Law 30/1992, of November 26, on Legal Regime
of Public Administrations and the Common Administrative Procedure.
The models referred to in the previous section can be integrated into
standardized request systems that allow transmission by means
telematic of the data and information required as long as it is guaranteed
the fulfillment of the requirements outlined in Article 45 of the Law
30/1992, of November 26, of the Legal Regime of the Administrations
Public and Common Administrative Procedure.

4.6. Submission Receipts

For the effectiveness of the rights recognized to citizens, these po-
They must accompany a copy of the documents submitted along with their
requests, writings and communications.
Such copy, after comparison with the original by any of the records,
It will be sent to the recipient body, returning the original to the citizen.
When the original must act in the procedure, it will be delivered to the citizen.
the copy of it, once stamped by the mentioned registries and prior
verification of your identity with the original.
In the case that a copy is not submitted along with the document, application
the writing, and whenever requested by the interested party, a certificate will be issued
presentation.

— 348 —
 Theme 17

The issuance of the receipts confirming the date of submission of

any request, writing or communication referred to in article 70.3
from Law 30/1992, of November 26, on the Legal Regime of the Administrations
Public Relations and the Common Administrative Procedure will be carried out in
the same moment of the submission of the application, writing or communication.
When the application, document or communication is in paper format and the
The presentation shall be made by the citizen or their representative accompanied by a
the receipt will consist of the mentioned copy in which it will be stated
place of presentation, as well as the date.
When the citizen makes the presentation through supports, means
or computer, electronic, or telematic applications, the receipt will be issued from
agreement with the characteristics of the support, medium or application and must meet
the requirements expressed in the previous sections.
They can be made effective, in addition to other means, by means of a transfer.
postal or telegraphic, or by means of transfer directed to the public office co-
corresponding, any taxes that need to be paid at the time
for the submission of applications and writings to public administrations.

5. THE DOCUMENT RECORDS

5.1. Concept of registration

Often the Administrative Information Offices also

they carry out the registration of the documents submitted by the citizens
damages or issued by the Administration.
A register is understood as the book or medium in which the documents are recorded.
documents submitted to the Administration (entry register) or that
they come out of her (exit record), noting for each document
un número, un epígrafe expresivo de su naturaleza, su fecha de presentación
or exit, the name of the interested party who presents or receives the document and the
receiving or sending office.
The fact of preparing a record makes sense when handling it eliminates
We name the inherent difficulties in handling the documents, either because their
management may be difficult, well because it contains too much information to sift through,
every time we look for a specific one.
It can be stated, in general terms, that the creation of a record is
justifies when an analysis is reflected in it that allows for establishing searches
to select a very small number of original documents. Thus, all
the manipulations will be carried out on the record and it is only when we have
selecting the appropriate document when we search for the original.

— 349 —
Syllabus

5.2. Legal regulation

Regarding the registration of documents, Law 30/1992 in its article 38 states
what:
1. The administrative bodies will maintain a general register in which
the corresponding entry will be made for every written document or communication that
is presented or received in any administrative unit
own. The exit of the writings will also be noted on the same,
official communications addressed to other entities or individuals.
2. The administrative bodies may create in the administrative units
corresponding dealings of your own organization with other records
the aim of facilitating the submission of documents and communications. Such
records will be auxiliary to the general register, to which they will communicate
any annotation they make.
The seats will be recorded respecting the chronological order of receipt or
release of writings and communications, and will indicate the date of the day
from the reception or departure.
Upon completion of the registration process, the writings and communications will be
courses forwarded without delay to their recipients and to the administrative units
corresponding files from the record in which they were received.
3. The general records, as well as all the records that the Adminis-
public institutions establish for the reception of writings and comu-
communications from individuals or administrative bodies must be
to settle in IT support.
The system will ensure consistency in each entry that is made,
of a number, expressive heading of its nature, date of entry,
date and time of your presentation, identification of the interested party, body
administering sender, if applicable, and person or administrative body
the recipient to whom it is sent, and, if applicable, reference to the content of the document or
communication that is recorded.
Likewise, the system will guarantee the computer integration in the re-
general register of the annotations made in the remaining records
of the administrative body.
On the other hand, Royal Decree 772/1999, of May 7, regulates the regime
from the registration offices considering them as administrative bodies
tener atribuidas funciones con efectos jurídicos frente a terceros».

5.3. General and auxiliary registration offices

The offices that perform registration functions are considered general registration offices.
functions of receiving and sending requests, writings, and communications
for one or several administrative bodies.

— 350 —
 Theme 17

Every administrative body will have a single assigned registry office.

general purpose, without prejudice to the fact that it has such a character for several bodies
administrative.
Those that are considered auxiliary registration offices are those that,
exercising identical functions and for the same administrative bodies
that the general registration office is located in facilities
different from that one. Each general registration office may depend on
various auxiliary registration offices.
The auxiliary registration offices will send a copy of all of the
seats that practice at the corresponding general registration office, are-
of this last one that performs the functions of constancy and certification in the
assumptions of litigation, discrepancies or doubts regarding the receipt or dispatch
of requests, writings and communications.
The installation on computer support of the registration offices guarantees
It will enhance the full interconnection and integration of those of a general nature and the
respective auxiliary offices; establishing a single numbering
correlative of the entries based on the temporal order of receipt or exit.
In the case that the numbering of the auxiliary records and of the record
general should not be unique, the one generated by those will include the code
from the auxiliary registration office.
In any case, the entries will include the date, expressed with eight digits.
for the day month and year; and the time, expressed with six digits for the hour, my-
minutes and seconds, as well as the remaining data specified in the article
38.3 of Law 30/1992, on the Legal Regime of Public Administrations
and of the Common Administrative Procedure.
The registration offices, both general and specific in nature,
assist, they develop the following functions:
a) The reception of applications, writings, and communications addressed to
any organ or entity of any public administration.
b) The issuance of receipts for the submission of applications, writings and
communications.
c) The annotation of entries or exits of requests, writings
and communications.
d) The submission of requests, writings, and communications to individuals,
recipient organs or units.
e) The issuance of sealed copies of the original documents that the
citizens must submit along with a request, written or communicated
such as the registration of that expedition.
f) The performance of verifications and the issuance of certified copies of
original documents provided by the interested parties.
g) Any others that are legally or regulatory attributed to them.

— 351 —
Syllabus

On the other hand, through Royal Decree 209/2003, of February 21, it

they create the telematic records where despite the designation of the mis-
as records, we find ourselves in front of a radically different figure than
the conventional records, in such a way that the functions and operation
Telematic records cannot be assimilated to other records.
administrative.
These records will only be able to receive and send requests, writings and
communications related to the procedures and processes specified
in its creation standard, issuing the corresponding entry records
and output, and being unable, in any case, to perform shipping functions of
sealed or certified copies of the documents that are transmitted together with
the request, writing or communication.
In the field of the Administration of the Junta de Andalucía, the relationship
The registration offices of the Junta de Andalucía are published once a year in
the B.O.J.A. and being posted on the notice boards of the bodies that
They have general records.
The Councils of the Junta de Andalucía must communicate to the Secretariat
General for Public Administration all the variations that occur
in their general registration offices. The heads of the executive centers of-
They will also communicate their name, location, and hours of operation.
to the public and the means of access and communication.
In this regard, Resolution of April 5, 1994, was issued by the Secre-
General Law for Public Administration by which it is made public the
list of general registration offices.
The previous resolution establishes the obligation that in each record ge-
In general, there must be a relationship of general registration offices and the relationship
of all auxiliary records of documents dependent on it in which
specify your location, access systems, and types of documents that
can be presented.

5.4. Operations to be carried out on the documents

Each of the Document Records consists of two sections, in one

They will make the entries of the documents, requests, and writings.
received and on the other will be recorded those issued for other bodies as well as
those directed at individuals.
The operations to be carried out are the following:
a) The corresponding registration seal will be stamped on the document,
receipt or exit, as well as the date and the registration number of the
series that corresponds to it. There must be a series for the received and
another for the issued.

— 352 —
 Theme 17

b) The assignment of the number must be consecutive in its series and respect
the order of presentation or issuance.
c) The stamping must be done in the designated space for it
or on the first page of the document, where I did not hinder the reading of your
content, which may be replaced by a mechanical print that
collect, at a minimum, the same information as the seal.
d) Internal controls cannot produce new stamps of
stamps or mechanical printing of the same.
e) In the event that the document is accompanied by a copy, it will be stamped.
about this the stamp, the date, and in case of requirement, the time of
presentation.
f) In the event that the copy is not accompanied, whenever it is requested by
The interested party will be issued a certification of the presentation.

g) Subsequently, the registration entry will be made, which, in the case of the
received writings must understand:
Date of submission or entry, as applicable.
Unit or destination body.
Expressive epigraph of its nature.
Interested party or sending body.
Brief description of the matter.
Organ where it was presented.
Presentation time.
Presentation format.
Receipt registration number.
In the case of the issued writings, it must include:
Departure date.
Interested or target body.
— Expressive epigraph of its nature.
- Brief description of the matter.
Exit form.
Exit registration number.
h) The received writings will be sent directly, without delay, to the
units that need to process them. In case they cannot be
they will be sent to the responsible person of the body, of the managing center
or to whom he designates.
If they are directed to an entity outside the registry, they will be forwarded within
within the next 24 hours to its destination organ, accompanied by the
relationship of the documents that are sent.
For operations to be carried out in the case of issuance and reception of documents
invoices by telefax or electronic means will be processed as follows:

— 353 —
Syllabus

a) In the case of document issuance, it will be extended

expressive diligence of the result of the emission linked to the document emi-
time, which will be filed in the record.
b) In the event that the interested parties request the realization
of notifications by this means, along with the notification document,
a receipt of your reception will be attached, which must be completed.
done, stamped and sent within two days to the registry of the body
issuer for its incorporation into the file. If this period expires
without the interested party sending said receipt, notification will be sent by
ordinary means.

6. CONCEPTS OF PRESENTATION, RECEPTION, ENTRY AND EXIT

DOCUMENTATION
The effects and the places where the presentation and reception take place,
the entry and exit of documents have been analyzed throughout this topic,
but following what is established in the official program we indicate below
the technical concepts of the same.
a) The presentation of documents is defined as the act of
that a natural or legal person deposits a document addressed to
an organ of the Public Administration in any of the places
permitted by current regulations.
b) The reception of documents is defined as the operation carried out by
the Administration, through its competent bodies, to receive
formally documentation submitted by any natural person
the legal, for the purpose of processing it to the body to which it
direct.
c) The entry and exit of documents are the operations that consist of
upon receiving the documents, making the corresponding registration entry
or in issuing writings, performing the same operation.

7. THE ELECTRONIC RECORDS

7.1. Legal Regulation

Article 45 of the LPAC, developed by Royal Decree 263/1996,
of February 16, provides that Public Administrations will promote the
employment and application of telematic techniques and means for the development of its
activity and the exercise of their competencies, making it possible in the same way
that citizens, when compatible with the available technical means,
may interact with the Administrations through techniques and means
electronics and computing, always responding to the requirements and guarantees
provided for in each procedure.

— 354 —
 Theme 17

On the other hand, article 38 of the LPAC, as mentioned earlier,

in its section nine, added by article 68 of Law 24/2001, of 27
of December, of Fiscal, Administrative and Social Order Measures, reco-
it is the possibility of creating telematic records for the receipt or departure of
requests, writings or communications that were transmitted by tele-
mathematics, as long as they met criteria of availability, authenticity,
integrity, confidentiality, and preservation of information.
More specifically, Royal Decree 772/1999, of May 7th, regulated the
presentation of requests, writings and communications before the Administration
State General, the issuance of document copies and return of
originals and the regime of the registration offices, expressly admitting
in its article 3 the submission of applications, writings, documents and communication
actions through computer, electronic or telematic means.
Later, Royal Decree 209/2003, of February 21, in its article 3
introduced modifications to Royal Decree 772/1999, of May 7, which regulated
the submission of applications, writings and communications to the Administra-
General State Law and incorporated a new chapter VI on 'Registers'.
Telematics.
As established by the previous Royal Decree 209/2003 in its provision
Final section one, on June 10, 2003, Order PRE/1551/2003 was approved.
(B.O.E. of June 13), by which the records and notifications were regulated
telematics, as well as the use of telematic means for replacement
from the contribution of certificates by the citizens.
Finally, Law 11/2007, of June 22, on electronic access of the
citizens to Public Services, has come to regulate the "Electoral Registers"
"electronic" in general for all Public Administrations, reco-
stating in its Unique Transitional Provision that all telematic records
those existing at the time of the entry into force of the Law are now considered as
electronic records.
As a preliminary idea, it is important to clarify that information is not the same as...
implementation of the administrative records that the implementation of the records
telematics. The second responds to a more advanced stage that has evolved
developing at different rates in the various areas of Administration.
The telematic records allow for the modeling of the processing.
administrative processes electronically, which allows for the transformation of certain processes
usually heavy and slow in others, based on electronic support,
which are faster and more efficient. This allows for the elimination of a good part of
the imperfections of the traditional administrative process.

— 355 —
Agenda

7.2. The administrative records in Law 11/2007, of June 22,

electronic access of citizens to Public Services

7.2.1. The creation of electronic records

Law 11/2007, of June 22, on electronic access of citizens to

Public Services imposes in its article 24 the creation of electronic records
electronic for all Public Administrations establishing that it must
There must be at least one record system in each Administration that allows
any type of request, written or communication (article 24.3 of the LAE).
However, from the perspective of the relationship between the Councils
and the Local Entities of the province, the possibility of is could be formulated
Establish a telematic registry for the municipalities of the province.
This possibility would be based on the regulation of the established records.
in the LAE, which allows, through an agreement, the registration of the Provincial Council
act as a record of the municipalities, and in Final Provision 4 of the LAE.
El artículo 25.1 de la LAE establece que las disposiciones de creación de
electronic records will be published in the corresponding Official Diary, and their
The full text must be available for consultation at the electronic headquarters of
access to the record.
In any case, the provisions for the creation of electronic records are-
they will specify the body or unit responsible for its management, as well as the date and
official time and the days declared as non-working for the purposes provided in the
next article.
At the local level, these provisions will take the form of ordinances.
or regulations, and their content, when they are approved after the LAE,
must comply with the provisions of this standard.

7.2.2. Types of documents that can be accepted by electronic records

The LAE establishes in its article 24.2 that 'electronic records

they may admit: a) Standardized electronic documents corresponding
to the services, procedures, and processes that are specified according to the
arranged in the creation regulation of the registry, completed in accordance
with predefined formats. b) Any request, writing or communication
different from those mentioned in the previous section directed to any body
or entity within the Administration that holds the registry.
This regulation is completed by article 24.3 of the LAE, which obliges
to all Public Administrations to equip themselves with at least one system of
electronic records sufficient to receive all types of requests, writings and
communications addressed to said Public Administration. Likewise, the provision,
when it comes to enabling electronic records for the receipt of the
requests, writings and communications falling under the jurisdiction of another Administration
refers to the inter-administrative agreement.

— 356 —
 Theme 17

7.2.3. Operation of electronic records

The LAE determines the information that all electronic records have.
to offer its users, both in Spanish and in the other Spanish languages
official currencies that correspond, according to the criteria of article 36
from the LPAC (additional provision 6 of the LAE). Paragraph 1 of article 25
from the LAE establishes that the provisions for the creation of electronic records
will be published in the corresponding Official Journal, and its full text must
be available for consultation at the electronic headquarters for access to the registry.
A su vez, el apartado 2 del indicado precepto establece que, en la sede
access electronic record, will also include the updated relationship
of the requests, writings, and communications that can be submitted in the
same, which, as we know, may or may not be assessed. In case it is,
The electronic headquarters must include the list of standardized documents.
corresponding, duly updated.
Electronic records will automatically issue a receipt consist-
try in a certified copy of the writing, request or communication that is
ticket, including the date and time of presentation and the ticket number of
registration (article 25.3 of the LAE), issuance that has an imperative character. If
Documents are provided with the application, writing or communication that comply
the formatting standards and security requirements that are determined in
the National Schemes of Interoperability and Security, the records
electronic devices will generate receipts acknowledging the delivery of these documents
that guarantee the integrity and non-repudiation of the submitted documents
This legal regime offers greater guarantees.
that the legal regime of traditional registers (article 38 of the LPAC),
that does not foresee any form of accreditation by the Administration
Public of the documents accompanying the main written submission.
The LAE establishes that the content of the receipt or proof of receipt
It must consist of a certified copy of the document, request, or communication
what it is about, and the mentions of the date and time of presentation (notaries
electronic) and to the registration entry number, a copy that is necessarily
It must be able to be printed and archived by the person who submitted the document.
The LAE does not specify how the "submission time" should be determined.
determinable extreme in a simple way, when it needs to be done, in the
traditional records, but not so in electronic records, in which the
time (the moment) when the broadcast begins and that in which the reception occurs
It is completed, they usually do not match, given the diversity of the factors that can...
slow down the data transmission speed over the network.
The LAE refers this issue to the development regulations, which may be
to establish as the moment of presentation the one of
start of the transmission; b) identify the moment of presentation with that of
completion of the document receipt by theAdministration, and c) establish
like the presentation time at the start of the broadcast, but conditioned
to finish correctly.

— 357 —
Syllabus

It should be noted, finally, that the LAE does not regulate the causes and the
sequences of possible interruptions in the operation of the records
electronics.

7.2.4. Calculation of deadlines

Article 26 of the LAE regulates the computation of deadlines and establishes in its
the first three sections the following rules: a) that the electronic records
se regirán, a efectos de cómputo de los plazos imputables, tanto a los intere-
such as the Public Administrations, by the official date and time of the
electronic access headquarters, which must have security measures
necessary to guarantee its integrity and be visible; b) that the records
electronics will allow the submission of applications, writings, and communication
not every day of the year during the twenty-four hours, and c) that for the purposes
of the calculation of the period set in business days or natural days, and as it refers to
compliance with deadlines by the parties, submission on a non-business day
it will be understood as completed on the first hour of the first business day following, except for
that a norm expressly allows for receipt on a non-working day.
The previous rules do not present any special interpretative difficulty,
not so the contents in sections 4 and 5 of the provision, which establish the
what follows:
a) The start of the calculation of the deadlines that the bodies must comply with
administrative and public law entities will be determined
by the date and time of submission in the registry itself or, in the case
provided for in section 2.b of article 24, for the date and time of
registered with the recipient. In any case, the effective date of
the start of the computation of deadlines must be communicated to the person who submitted
the written document, request or communication.
b) Each electronic headquarters where an electronic register is available
nico will determine, taking into account the territorial scope in which he operates
his competencies the holder thereof, the days that will be considered
unfit for the purposes of the previous sections. In any case, not
the provisions of the article will apply to electronic records
section 48.5 of the LPAC (which reminds us that "when a day
was skilled in the municipality or Autonomous Community in which he/she resided
the interested party and unfit at the seat of the administrative body, or to the
inverse, it will be considered invalid in all cases.
This last precept implies that a single day can be considered both
unable as by able in the same procedure, depending only on whether it goes
to use or not to use an electronic record, since article 48.5 of the LPAC
it remains in effect when using the traditional registry, and to use one
or another record depends on the will of the user (except for the case provided for)
in article 27.6 of the LAE).

— 358 —
 Theme 17

The previous fact does not affect the citizen from the perspective of compliance.
deviation of the deadlines, since from this perspective, it is indifferent whether the
documentation is presented on a non-business day, since what matters is that it has
place within the term, and it will always end on a business day, by application
from article 48.3 of the JPAC ("when the last day of the deadline is a non-business day, it must be
it will be extended to the next business day). It should not be forgotten that
Article 48.3 of the LRJPAC is applicable whether the deadlines are expressed in
months or years, as they do in calendar days.
From the perspective of Administration, it has greater significance.
the regulation provided in sections 4 and 5 of Article 26 of the LAE. The
section 4 affects the computation of the start of the maximum period for resolution pro-
proceedings at the request of the interested party (not those initiated ex officio). The LPAC
identify the initial day of the computation of the term for resolution with 'the date in
that the application has been received by the competent authority
for its processing" (article 42.3.b). This is the criterion of the LAE for the
supposed in which the presentation takes place in a record of the planned ones
in its article 24.2.b, that is, of those who can admit writings addressed to
any body of the same Public Administration in which it is integrated
the governing body of the recipient electronic register. But if the register to which
it refers to type 24.2.a of the LAE (those that only accept documents for
the competent body for processing is its titular body, which are the predominant ones
in the state sphere), article 26.4 of the LAE introduces a specialty
to determine the starting point, one must adhere to "the date and time of pre-
submission of the application," and not to that of entry. This is important for
when the presentation takes place on a non-business day, since the LAE only allows
apply to those concerned the rule according to which the submission on a non-business day
it is understood to be carried out on the following business day. Therefore, the conjunction of the
Sections 3 and 4 of Article 26 of the LAE face the drawback
that, if the submission of an application is made on a non-business day, the Adminis-
the transaction in question will have to start counting the maximum period to
resolve on that same day (non-working day), with the consequent reduction of the deadline
effective to resolve and notify in one day (minimum), which would not happen if
the presentation would have been made on paper or under the regime of the records
telematics of the old article 38.9 of the LPAC.

7.2.5. Functions of electronic records

The functions of Law 11/2007, of June 22, on electronic access

citizens to Public Services (LAE) assigns to electronic records
they coincide regarding "the reception and submission of requests, writings and
communications" (article 24.1 of the LAE), and therefore the provision for creation
of this type of records, the class of documents (taxed or not) must be established
that will allow the registration in question (information that, properly updated-
it must be made available electronically at the access headquarters
to the registry (Article 25.2 of the LAE). The function of receiving documents
It is the main one of the electronic records, but not the only one.

— 359 —
Syllabus

Scattered throughout the LAE are other functions that are also
they entrust these records, such as the issuance of receipts for the
presentation of the referred documents (article 25.3 of the LAE), or that of
notation of the entries into the register (the attribution of this function is
deduced from article 25.3 of the LAE, which establishes that the receipts are presented
they will have to include "the registration entry number", and implicitly,
the one at the exit seats).
The core common functions of both types of records is reception and
submission of requests, writings and communications, and the recording of entries
input and output. The difference in functions assigned in the LPAC to the
records in general and in the LAE to electronic records, is limited to:
a) Electronic records only accept documents (electronic)
addressed to the organs of the administration in charge of the registry.

b) Sin perjuicio de que deba existir un sistema de registro suficiente para

receive all kinds of requests, writings, and electronic communications
addressed to each Public Administration, the rest of the electronic records
They can establish electronic documents in a fixed manner.
standardized that admit and the procedures regarding which
It is necessary to present these documents.

c) The receipt that is issued for the receipt of the documents (electronic)
it has a broader content (the receipt is not a copy)
sealed, but in a certified copy of the written document, request, or communication.
notification in question, including the date and time of submission
and the registration entry number).
d) Electronic records (except in the case of the records provided for
in article 24.2 of the LAE, in those cases where the creation norm only
it allows to present specific standardized electronic documents
they must accept the documents that are attached to the application,
written or communication, as long as they meet the standards of for-
deadlines and safety requirements that are determined in the Schemes
Interoperability and Security Nationals, and they must also
generate receipts acknowledging the delivery of these documents, which
guarantee the integrity and non-repudiation of the submitted documents
(article 25.4 of the LAE).
e) This last extreme can be subject to interpretation in the sense
that we have indicated: that article 24.2 a) of the LAE, when establishing
the type of electronic record that only admits in a limited way the
standardized electronic documents, completed in accordance
with pre-established formats, and operational for the concrete pro-
procedures provided for in its creation norm, excludes for these
registration of the submission of the documents provided for in article 25.4
(that may be presented in the electronic registration system that
Each public administration must enable the admission of all types
of electronic documents addressed to them, or in the records that

360
 Theme 17

specifically foreseen); or, alternatively, interpret that the

Article 25.4 is the replica in the electronic procedure of the article
70.4 of the LPAC, and that all electronic records must be accepted
the documents that are attached to the corresponding application,
written or communication.
The LAE does not prohibit electronic records from performing other functions.
actions such as the issuance of sealed copies of electronic documents
originals of necessary presentation, or the comparison and issuance of copies
compulsory original electronic documents, or the issuance of
Notices of the availability of electronic notifications to interested parties.
The functions attributed to the records also determine their
consideration as bodies (which article 5.2 of the LOFAGE defines as
the administrative units to which functions are assigned that have
legal effects towards third parties, or whose action has a mandatory character
or administrative units. In the field of General Administration
of the State, the records are configured, generally, as units
administrative bodies that are considered administrative organs, due to
have legal effects on third parties.

7.3. Notifications and communications

7.3.1. Notifications

Electronic notifications are regulated in Article 28 of the Law

11/2007, of June 22, on electronic access of citizens to Services
Public, a rule that does not address the entirety of the regulation, but exclusively-
lies the specialties derived from the use of technologies of the
information and communication in that specific procedure. The contents of the
Law 11/2007 must necessarily be integrated with the general regime of the
administrative notifications provided for by Law 30/1992.
Thus, the aforementioned Article 28 of the aforementioned Law 11/2007 regulates the practice of the
notification by electronic means as follows:
1. For the notification to be carried out using some electronic means
it will be required that the interested party has indicated the means as
preferential or has consented to its use, without prejudice to what is provided
in article 27.6. Both the indication of the preference in the use of
electronic means such as the consent mentioned above
They can be issued and collected, in any case, by electronic means.
2. The notification system will allow to certify the date and time when
the act in question is made available to the interested party
notification, as well as access to its content, from that moment on
the notification will be understood as having been carried out for all legal effects.

— 361 —
Syllabus

3. When, there is evidence of the availability

if ten calendar days pass without access to its content, it will be understood
that the notification has been rejected with the effects provided in the
Article 59.4 of Law 30/1992 on Legal Regime and Procedure
Common Administrative Law and related regulations, except where
the office or at the request of the recipient, the impossibility is verified
technique or material of access.
During the processing of the procedure, the interested party may request
to the corresponding body that successive notifications are not practiced
they are ticketed by electronic means, using other administrative means
provided in Article 59 of Law 30/1992, on Legal Regime and
Common Administrative Procedure, except in the cases provided
in article 27.6 of this Law.
5. It will produce the effects characteristic of notification by appearance the
electronic access for interested parties to the content of the proceedings
corresponding administrative actions, provided that there is a record of
said access.

7.3.2. Communications

Electronic communications are regulated in Article 27 of the Law

11/2007, of June 22, on electronic access of citizens to Services
Audiences according to which:

1. Citizens will be able to choose at all times the way to co-

municarse con las Administraciones Públicas, sea o no por medios
electronics, except in those cases where a rule with
law range establishes or infers the use of a non-electronic means
Tronic. The option to communicate through one medium or another is not binding.
to the citizen, who may, at any time, choose a means
different from the initially chosen.
2. Public Administrations will use electronic means in their
communications with the citizens whenever they have requested it
the consent granted expressly. The request and the consent may,
in any case, to be issued and collected by electronic means.
3. Communications through electronic means will be valid
as long as there is evidence of the transmission and reception of its
dates, of the full content of the communications and is identified
diligently to the sender and the recipient thereof.
4. The administrations will publish, in the corresponding Official Gazette
and in the electronic headquarters itself, those electronic means that
citizens can use in each case in the exercise of their
right to communicate with them.

— 362 —
 Theme 17

5. The requirements for security and integrity of communications are

They will establish appropriately in each case according to the nature of the data.
object of those, according to criteria of proportionality,
in accordance with the provisions of current legislation on protection
of personal data.
6. According to regulations, the Public Administrations may establish
establishing the obligation to communicate with them using only means
electronics, when the interested parties correspond with people ju-
ridiculous or groups of individuals due to their capacity
economic or technical, professional dedication or other accredited reasons
ensure guaranteed access and availability of technological means
precise figures.
7. Public Administrations will preferably use electronic means.
electronic in their communications with other Public Administrations.
The conditions that will govern these communications will be determined.
among the participating Public Administrations.
The first section of the cited article 27 establishes in the first instance a
the citizen's right to choose the communication channel with the Administration
public administrations, allowing it to choose the way to communicate, be it or
not by electronic means. However, this statement must be made
two points. The first is that the State Administration, at
as of December 31, 2009, has the legal duty to articulate at least one
electronic channel for all relationships and communications that I establish with
the citizenship, while the rest of the Public Administrations only
they are linked by such duty to the extent that their provisions allow it.
budgetary liabilities (final provision 3.ª LAE); therefore, the
citizen will have the right to choose between the in-person channel and at least one
electronic in the State Administration, and in the rest of the Administrations
Public actions, your right will be conditioned by the degree of implementation.
of electronic administration that the Administration has shown with
who is related. The second point is that, when they have...
connected not to one, but to several electronic channels, citizens also have
right to choose the specific channel through which they wish to communicate,
the available: sms, DTT, Internet, etc
The general requirements for electronic communications appear
determined in sections 3 and 5 of the aforementioned article 27. The first of them
it states that 'communications through electronic means will be valid
as long as there is evidence of the transmission and reception, of their dates,
of the complete content of the communications and is accurately identified
to the sender and the recipient of the same." This restriction determines, by
example, that the telecommunications service of facsimile or fax, without guarantees or
additional value-added services cannot be considered a mechanism
suitable for administrative notifications, given these limitations
equipment in order to constitute a sufficiently robust proof of the
required extremes of constancy by Law 30/1992.

— 363 —
Syllabus

Article 27.4 establishes an essential instrument for the

citizens can exercise their right to choose the channel: the publication
from the available means in the corresponding official newspaper and at the headquarters
electronic administration of the acting authority.

Regarding article 27.5, it states that 'the safety requirements and'

The integrity of communications will be established in each case appropriately.
joke about the nature of the data in question, according to criteria of
proportionality, in accordance with the provisions of the current legislation on the matter
of the protection of personal data." This creates a reference to the
data protection legislation, as occurs elsewhere in the text
legal, without such provision deserving further comment, except for the reminder
from the full application of Organic Law 15/1999 to this area and its Re-
development regulation (approved by Royal Decree 1720/2007).
Section 7, which states that 'Public Administrations use
preferably use electronic means in their communications with others
Public Administrations. The conditions that will govern these communications
will be determined among the participating Public Administrations.
the precept encourages that communications between Public Administrations be
conducted by electronic means, a provision that finds a close connection
with the duty established by article 9.1 of the Law, to provide the other Ad-
public administrations the data related to the interested parties that exist in their
power. However, the bet that the Law makes to promote exchange.
the electronic communications is very weak, and is subject to the
signature of collaboration agreements.

— 364 —