Administrative Processes Against the State

About Administrative Processes Against the State

Administrative Law is the set of rules governing public services. It determines the responsibility of public administrative authorities and indicates to those who receive a service the remedies available to them to assert their rights against violations by the public administration.

For example, a lawsuit against the state can take place if a person has injuries caused by the state, or when public employees violate constitutional rights. Article 37 of Law 38 of July 31st, 2000, applies to all administrative processes in any government office, whether central, decentralized or local, including government-owned enterprises.

Article 74 of this same law explains how to file a complaint against the Public Administration, which must be written and must contain the following elements:

  • Official to whom it is addressed
  • Name, residence, and phone number of the person submitting the complaint
  • Request, specify what is requested or intended
  • Facts on which the complaint is based
  • Proofs from such facts
  • Place, date and signature of the person submitting the complaint

Steps of the administrative process

Each administrative proceeding against the state is different. However, these are some of the general steps that this entails:

  • Initial Request: the person submits a written complaint to the public administrative authority.
  • Procedural order: provided by the administrative authority and indicates that the complaint is being processed.
  • Notification: During this phase, the parties involved are notified and called to an audience.
  • Hearing procedures: The involved parties may plead and present documents and evidence they consider relevant.
  • Resolution: The authority to which the petition is addressed renders a resolution.

The Kraemer & Kraemer Team is qualified to assist you through the administrative process against the state. Send us at note to info@kraemerlaw.com to evaluate and better understand your case.

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