REGULATION OF THE SUMMARY ADMINISTRATIVE PROCESS
Bolivian legislation mandates that this procedure be conducted swiftly and with full respect for fundamental rights. The authority responsible for leading the process is the Summarizing Authority, appointed annually by the Executive Maximum Authority (MAE) of each public institution.
The Summarizing Authority is vested with several powers, including:
- Determining whether to initiate the process or close it with justification.
- Notifying the involved parties of the initiation of the process.
- Gathering evidence and ensuring the impartiality of the proceedings.
- Issuing a reasoned decision to determine the existence or absence of administrative responsibility.
HOW IS THE PROCESS INITIATED?
The process can be initiated in the following ways:
- By a formal complaint of an alleged irregularity.
- Ex officio by the public institution.
- Based on an internal report or legal opinion suggesting potential administrative misconduct.
STAGES OF THE ADMINISTRATIVE PROCESS
1. SUMMARY STAGE
During this phase, it is assessed whether the investigated public official bears administrative responsibility. If responsibility is confirmed, the following sanctions may be imposed:
- Salary deductions.
- Suspension without pay.
- Dismissal from the position.
If there are indications of civil or criminal responsibility, the institution must refer the case to the competent judicial authorities.
2. APPEALS STAGE
The public official has the right to challenge the decisions made during the summary stage. The available remedies include:
- Revocation Appeal: Filed before the same Summarizing Authority.
- Hierarchical Appeal: Filed before the Executive Maximum Authority (MAE) of the institution.
If all administrative remedies are exhausted, the official may take the case to the Supreme Court of Justice through an administrative litigation process.
ESTABLISHED TIMEFRAMES
Adherence to specific deadlines is key to ensuring the efficiency of the procedure:
- Process initiation: Within 3 business days following the complaint or discovery of the fact.
- Submission of evidence: Up to 10 business days.
- Final resolution: Must be issued within 5 business days after the evidentiary phase concludes.
- Deadlines for appeals:
- Revocation Appeal: 3 business days after notification of the resolution.
- Hierarchical Appeal: 3 business days after the revocation appeal is resolved.
GUARANTEES FOR PUBLIC OFFICIALS
The process is designed to protect the fundamental rights of public officials, including:
- Due Process: Ensures that any sanction results from a fair procedure.
- Right to Defense: Allows the presentation of evidence, arguments, and the ability to appeal decisions.
Transparency: Requires that all decisions be reasoned and supported by objective evidence.
If you require legal advice regarding the Internal Summary Administrative Process in Bolivia, please contact our team of specialized attorneys. We are here to assist you.
Frequently Asked Questions (FAQs)
Who can initiate an Internal Summary Administrative Process?
Any individual through a formal complaint, the public institution itself ex officio, or via an internal report.
What sanctions can be imposed in case of administrative responsibility?
Sanctions may include salary deductions, suspension without pay, or dismissal from the position.
What happens if a public official disagrees with the decision and/or sanction?
The official has the right to file revocation and hierarchical appeals. If still unsatisfied, they may appeal to the Supreme Court of Justice.
How long does the process typically take?
While legally it should proceed quickly (3 days to initiate, 10 days for evidence, 5 days for resolution), in practice, the duration may be longer.
What rights do public officials have during the process?
They are guaranteed fundamental rights including due process, the right to defense, and the ability to appeal decisions.
- Content based on applicable Bolivian regulations, including provisions from the Supreme Decree and the SAFCO Law.
The content of this article does not reflect the technical opinion of Rigoberto Paredes & Associates and should not be considered a substitute for legal advice. The information presented herein corresponds to the date of publication and may be outdated at the time of reading. Rigoberto Paredes & Associates assumes no responsibility for keeping the information in this article up to date, as legal regulations may change over time.
