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
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
|
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.
Do you need help?
The 012 General Telephone Information Service will be available 24 hours a day, every day of the year, according to the following timetable:
- Personal telephone attention by means of information agents, from 9:00 to 21:00 hours from Monday to Friday, excluding public holidays.
Mechanised attention, via voicemail, during other hours and on public holidays. - Incoming calls to the mailbox will be recorded and then, from the General Information Telephone 012, a response call will be made to the citizen to resolve his or her request for information.
- For telephone calls from outside the Autonomous Community of Cantabria you can dial 942 395 563 (from abroad +34 942 395 563); if you are calling from Cantabria, you can dial 942 395 562.
- This service is only available in Spanish.