Sanctioning in matters of ports.

Sede Electrónica

Sanctioning in matters of ports.

To sanction actions or omissions constituting an infringement typified in Law 5/2004, of 16 November, on Ports of Cantabria.

General information

Regional ministry
Consejeria De Fomento, Vivienda, Ordenacion Del Territorio Y Medio Ambiente
Governing board
Direc. General De Aguas Y Puertos (DIR3: A06027830)
Classification
Sanctioning
Subject(s)
Public Works, traffic and transport
Housing and Urban Planning
Starting way
Ex officio
Target
Citizens
Legal entities, self-employed persons and registered professionals
Administration and public employees
Subject to fees
No
Languages ​​in which the procedure can be completed
Spanish
Allow power of attorney
Yes
Links to web pages with specific information
Type
Regulations: Law of Cantabria 5/2004, of 16 November, on Ports of Cantabria. Title IV is dedicated to the police regime, infractions and sanctions, typifying the behaviors that are considered infractions.

Requirements

Existence of actions or omissions constituting an infringement typified in any of the cases set out in Article 54 of Law 5/2004, of 16 November, on Ports of Cantabria.
Proceedings shall be initiated ex officio by agreement of the competent body, either on its own initiative or as a result of a superior order, at the reasoned request of other bodies or by complaint.

Deadlines and submission

Deadline for submission

Proceedings shall be initiated ex officio by agreement of the competent body, either on its own initiative or as a result of a superior order, at the reasoned request of other bodies or by complaint.
The persons alleged to be responsible shall have the right:

  • To make allegations within 15 working days and a hearing in the procedure, in accordance with articles 76 and 82.2 of Law 39/2015, of 1 October, on the Common Administrative Procedure of Public Administrations.
  • Request evidence, in accordance with articles 77 and 78 of Law 39/2015, of 1 October, on the Common Administrative Procedure of Public Administrations.
  • Reductions in amount for recognition of liability and advance payment, at any time prior to the resolution, in accordance with article 59.5 of Law 5/2004, of 16 November, on Ports of Cantabria and article 85 of Law 39/2015, of 1 October, on the Common Administrative Procedure of Public Administrations. Both reductions are cumulative and their effectiveness will be conditional on the withdrawal or waiver of any action or appeal in administrative proceedings against the penalty.
Submission deadline start date
-
Submission deadline end date
-
Periodicity
Continuous
Means of submission
Online and in person
Online submission
At the General Electronic Registry
Art. 14. 2 of the Law 39/2015, of 1 October, of the Common Administrative Procedure of the Public Administrations, establishes the obligatory nature of the electronic management for certain subjects as, for example, a) The juridical persons, b) Entities without legal personality, c) Those who carry out a professional activity for which compulsory membership is required, for the procedures and actions they carry out with the Public Administrations in the exercise of said professional activity. In any case, within this group, notaries and property and mercantile registrars shall be included. d) Those who represent an interested party who is obliged to relate electronically with the Administration, e) The employees of the Public Administrations for the procedures and actions that they carry out with them due to their condition of public employee, in the form in which it is determined by regulation by each Administration.
Place(s) for in-person submission

Delegated register of the Port Service, Calle Alta 5, 3rd floor, 39008, Santander, or by any of the means established in article 134.8 of Law 5/2018, of 22 November, on the Legal Regime of the Government, the Administration and the Institutional Public Sector of the Autonomous Community of Cantabria.

Required documentation

ACKNOWLEDGMENT OF LIABILITY AND/OR VOLUNTARY PAYMENT

Document to be submitted by the interested party if he/she acknowledges his/her responsibility for the infringement committed (which entails a 20% reduction) and/or wishes to make the voluntary payment (which entails a 20% reduction) provided that said payment is made before the Resolution of the procedure. Both reductions are cumulative and their effectiveness will be conditional on the withdrawal or waiver of any action or appeal in administrative proceedings against the penalty.

Manual signature or electronic signature.

Not mandatory

ACKNOWLEDGMENT OF LIABILITY AND/OR VOLUNTARY PAYMENT

Processing and resolution

Instructor board
Administration and Services Coordination Unit of the Directorate-General for Water and Ports.
Attributive rule

Decree 113/2021, of 23 December, establishing the Organic Structure and partially modifying the List of Jobs of the Department of Public Works, Territorial Planning and Urban Planning.

Reports or opinions
No reports or opinions are required
Resolution entity
- Director-General responsible for ports: Minor infringements. - Competent advisor in port matters: Serious infringements. - Governing Council: Very serious infringements.
Attributive rule

Law 5/2004, of 16 November, on Ports of Cantabria.

Maximum deadline for decision
6 Months
Average deadline for decision
2 Months
Effects of the administrative silence or inactivity of the Administration
Initiation ex officio:
Caducity
Does it put an end to the administrative procedure?
No

Appeals

Type

Appeal or optional appeal for reconsideration depending on the infringement committed.

Board

The Minister of Development, Housing, Territorial Planning and the Environment resolves the appeal against sanctions for minor infringements and the appeal for reconsideration against sanctions for serious infringements, the Governing Council the appeal for reconsideration against sanctions for very serious infringements and the Administrative Courts the contentious administrative appeal.

Deadline
1 month.

Regulations

Regulation applied
  • Law 5/2004, of 16 November, on Ports of Cantabria.
  • Law 39/2015, of 1 October, on the Common Administrative Procedure of Public Administrations.
  • Law 40/2015, of 1 October, on the Legal Regime of the Public Sector.
  • Law 5/2018, of 22 November, on the Legal Regime of the Government, the Administration and the Institutional Public Sector of the Autonomous Community of Cantabria.
  • Este sitio web utiliza cookies propias para ofrecer un mejor servicio. Encontrará más información en nuestra Política de Cookies.

    Lo entiendo