The councilor of this training, Gloria Martin, has requested that all administrative acts that were published in the BOE be revised because it is not possible to notify the interested parties since they have verified that in several cases the legally established procedure has not been respected
The councilor of IU-Greens Lorca, Gloria Martin, has detected a new irregularity in the administrative procedure of reinstatement of the aid of repair for the earthquakes of 2011. It is related to a hearing procedure that stops the Autonomous Community interrupts the prescription period and that, according to the mayor, must be canceled as it has not been properly notified to those affected.
Martín explained that Article 59.2 of Law 30/1992, of November 26, on the Legal Regime of Public Administrations and the Common Administrative Procedure (in force at the time the hearing procedure was granted) established that, when a notification can not be delivered to the interested party, "this circumstance will be recorded in the file together with the day and time at which the notification was attempted", which must be done twice and at different times within a period of three days.
However, Martín has shown a file in which only a certificate from the City Council appears based on a report from the coordinator of the Single Office of Reconstruction of Lorca in which it is explained that, in order to notify the CARM hearing procedures, "telephone calls" were made and, since they could not contact those affected, municipal notifiers were sent to the homes, without it being possible to contact the interested parties either.
"The file does not include the days or hours of the notification attempts, nor the identification of the official who made them, nor anything that determines whether they were actually carried out and whether it was done correctly," said Martín.
The certificate takes for granted, without further ado, the report of the earthquake office and urges the CARM to proceed to the notification of the interested parties "through the Official Gazette of the Region of Murcia".
For the mayor of IU-Verdes this alleged attempt to notify the hearing process does not meet the requirements established by the regulations that regulates them, which is grounds for nullity and, therefore, does not produce effects or may interrupt the statute of limitations .
Martín recalled that the administrative notification is a main action in the administrative procedure that guarantees the effectiveness of the administrative act, with incidence even on the right to effective judicial protection of the interested parties, as the jurisprudence of the Constitutional Court has consistently declared.
Therefore, Martin has demanded that all notifications that were published in the BOE be reviewed in order to verify that the legally established procedure has been respected.
On the other hand, the councilor of Izquierda Unida-Verdes has informed that on 24 July the deadline for those affected to qualify for the Law 8/2018 that establishes a simplified procedure to justify the aid by submitting a report ends and a classified list of the expenses and investments they incurred to repair their homes.
Martin has shown his concern because many affected still do not know that they can benefit from this law.
In this regard, he recalled that Article 2 of Law 8/2018 establishes that the Ministry of Public Works is responsible for reviewing the files and requiring the recipients of the subsidy to present the justifying account.
However, the councilor of IU-Greens has assured that from Fomento "has not sent a sad letter to anyone reporting this way of justification."
Finally, Martín has demanded that the residents' communities also benefit from this rule.
In this regard, explained that Article 4.1 of Decree 68/2011 provides that the beneficiaries of the aid were both natural or legal persons who hold the status of owners, usufructuaries of the damaged housing, tenants with a contract, "as the communities of owners, when it comes to the repair of common elements of residential buildings ".
Therefore, he has shown his disappointment because in the office of the earthquake are throwing back these requests and has demanded that they are also processed.
Martín has asked the communities of neighbors who are pending to justify the reparation aids that take shelter to this law before July 24 because "once closed the term they will not be able to do it".
But above all, it has demanded that Fomento comply with the standard and immediately notify those affected.
Source: IU-verdes Lorca