As I had already noted in another entry called Highlights On the New Administrative Justice in Chihuahua, at the outset of 2019, the state of Chihuahua underwent an important transformation in terms of administrative justice. All this, with the issuance of the Administrative Justice Law of the State of Chihuahua that establishes the Contentious Administrative Trial of our state and that I studied in the entry Administrative Justice in Chihuahua, Mexico. Also, with the issuance of the Law of Administrative Procedure of the State of Chihuahua, which of course, also deserves an analysis so that the importance of the transformation into commentary is finally understood. Last law that basically inspire this new entry.
Therefore, in this entry and subsequent, I will talk about how Mexicans and foreigners can file petitions under the administrative authorities of Chihuahua and even challenge decisions they took with the legal remedy that the law created to control the acts and omissions of the administrative authorities. This information, of course, will be helpful for those who want to obtain licenses, permits, administrative concessions, and in general, authorizations to perform a certain activity in the State of Chihuahua, to later do the same but in relation to the federal legislation.
Table of Contents
- Original Language and Source of this Entry
- 1) Nature of the Administrative Procedure
- 2) Exceptions
- 3) Supplemental Regulations
- 4) Mandatory Acceptance of Requests
- 5) Administrative Act
- 6) Elements of Validity of the Administrative Act
- 7) Requirements For Validity of the Administrative Act
- 8) Validity, Effectiveness, and Enforceability of the Administrative Act
- 9) Nullity, Annulability, and Revocation of Administrative Acts
- A) Nullity
- B) Annulability
- C) Nullity and Annulability Ex Officio
- D) Revocation
- 10) Extinction of the Administrative Act
- 11) Administrative Silence
- 12) Administrative Procedure
- A) Initiation of the Administrative Procedure
- B) Requirements For Individuals to Initiate the Administrative Procedure
- C) Signature Prevention
- D) Promotion and Reception
- E) Registration and Control
- F) Evidence
- Expert Opinions
- Testimony
- Judicial Inspection
- G) Evidentiary’s Term
- H) Technical Opinion
- I) Conciliation
- J) Conclusive Arguments
- K) Expiration
- L) The Termination of the Administrative Procedure
- M) Final Resolutions
Original Language and Source of this Entry
This entry is just a translation of the original one that I wrote and published on belegalabogados.mx under the title El procedimiento administrativo en el estado de Chihuahua. Therefore, if you have any doubts about my translation, you may check the original source for more information. Keep in mind that English is not my native language, so from now on, I apologize to the reader for any errors or confusion that may arise from this translation.
Now, without further ado, let’s start with the legal analysis.
1) Nature of the Administrative Procedure
The administrative procedure aims to regulate the actions of the state and municipal public administration of the state of Chihuahua. Therefore, it uniforms how it can process and issue its acts. In addition, it provides legal security to the individual to know how to communicate with the public administration and what to expect from it.
This does not imply that all the matters within the jurisdiction of the public administration (which are very vast) are included in this law. No. The only thing it implies is that after studying the particular law of the agency or body in question (civil protection, ecology, transportation, education, human settlements, etc.), the requests or administrative acts that are sought before it are formulated and processed uniformly, but respecting, of course, the technical autonomy of each subject.
In view of this technical autonomy, lawyers advertise their supposed expertise in various ‘subjects’ that, in reality, are part of the General Theory of Administrative Law. Thus, when you hear from immigration lawyers, energy law, mining law, customs law, transportation law, etc., it’s still Administrative Law since all those matters come from public administration.
And precisely everything that has in common—or rather should have in common—all the departments of public administration gave birth to the administrative procedure that, I insist, obeys a way things should be done by the public administration. Indeed, it is a fascinating area of law. I know.
2) Exceptions
As a general rule, the Administrative Procedure Law of the State of Chihuahua applies to all public agencies of the state and municipal administration. However, given the variety of matters in which the state and municipal public administration authorities intervene, such as health, ecology, public security, civil protection, education, etc., it’s natural that there are exceptions regarding its applicability. The above is due to the importance and, to a certain extent, autonomy of some subjects.
Therefore, in the Administrative Procedure Law of the State of Chihuahua, we expressly find that this law does not apply to the following matters:
1.- Public Security
2.- Taxation
3.- Administrative Liability of Public Servants and Individuals Related to the Public Administration
4.- Transparency and Access to Public Information
5.- Electoral Matters
6.- Citizen Participation
7.- Human Rights
8.- Prosecutors
3) Supplemental Regulations
In everything not expressly provided for in this law, what is expressly provided by the following regulations shall be applicable in the following priority: I.- Administrative Justice Law of the State of Chihuahua—already quoted—; II.- Code of Civil Procedures of the State of Chihuahua (if you want to know more about how civil trials work in Mexico, see my entry series about the subject here: Basics of the Ordinary Civil Trial in Chihuahua, Mexico Part I) and III.- Tax Code of the State of Chihuahua.
4) Mandatory Acceptance of Requests
When the governed requires the intervention of the public administration, whether to issue an administrative act (license, permit, authorization, etc.) or to carry out an action (demarcate a piece of land, carry out an inspection), there is no legal obstacle for said governed to do so through a free written document addressed to the agency that it deems competent in the matter.
Of course, for reasons of efficiency, many times certain agencies, such as the Directorate of Urban Development, Public Property Registry, etc., have pre-prepared formats to attend to the requests of the governed. However, if you wish to present any type of request through a free written document, the public administration cannot deny its receipt.
This is even if the authority preliminarily considers it inadmissible and even incompetent. This is because the Administrative Procedure Law of the State of Chihuahua itself obliges it to receive requests from individuals and, in turn, if it considers that it is not competent to resolve the request, to refer it to the one deemed competent, pursuant to article 43[1] of the law under study.
5) Administrative Act
If there is a concept within Administrative Law that generates the greatest interest, it’s that related to the administrative act since this serves to understand the legal framework of public administration. A concept that the law defines as any unilateral declaration of will, emanating from an administrative authority in the exercise of public powers derived from legal systems, which aims to create, declare, recognize, transmit, modify, or extinguish legal situations of an individual or general.
Examples of an administrative act could be a license, permit, concession, authorization, granting of pension, etc.
6) Elements of Validity of the Administrative Act
The following are elements of the validity of the administrative act in the state of Chihuahua:
I.- A competent body must issue it through a public servant authorized for this purpose.
II.- That its object can be the subject of an administrative act; also, it must be determined and precise in terms of the circumstances of time and place.
III.- It complies with the purpose of public interest without being able to pursue different ends.
IV.- That it is recorded in writing and indicates the authority from which it emanates.
V.- That it is issued without any error regarding the object, cause, motive, or purpose of the administrative act.
VI.- That the administrative act is issued without fraud or violence.
VII.- That it’s founded (based on the law) and motivated (explained the reasons why certain provisions of the law apply to the case)
VIII.- That it is issued following the provisions of the Law of Administrative Procedure of the State of Chihuahua.
7) Requirements For Validity of the Administrative Act
As regards the requirements for the validity of administrative acts in our state, they are the following:
I.- It must be issued indicating the place and date of issue.
II.- When the act is issued, there is no error regarding the identification of the file, documents, or full name of the parties.
III.- The office where the administrative file can be consulted is mentioned.
IV.- That the resources or means of defense against the administrative act are mentioned, if applicable.
V.- That the administrative act is issued in a manner consistent with what is requested and expressly resolves all the points requested by the petitioner.
8) Validity, Effectiveness, and Enforceability of the Administrative Act
As a general rule, as in other matters, an administrative act is presumed to be in accordance with the law by the mere fact of being such and, therefore, having been issued by a State body. Consequently, it is considered valid. To challenge it, it’s not enough to say that there was an incorrectness in its issuance or to make judgments of a moral nature. It’s necessary to specify which legal provision was violated by the authority when issuing it.
On the other hand, the administrative act is effective and enforceable by the authority as the following legal hypotheses are actualized:
I.- The day after the legally made notification takes effect.
II.- From the date on which the fictitious refusal is configured.
III.- From the certification date in the case of a fictitious affirmative.
IV.- When the suspensive or resolutory condition to which it is subject is fulfilled[2].
An exception to these rules is the administrative act by which a benefit is granted to a private individual, in which case its compliance shall be enforceable by the private individual to the administrative body from the date of its issuance. Likewise, the previous rules are also excepted in the case of acts that order inspections, verifications, investigations, or acts of surveillance in accordance with the laws of the state. The validity and enforceability of these acts shall be determined from the date the administrative authority issues them.
9) Nullity, Annulability, and Revocation of Administrative Acts
A) Nullity
As a general rule, we have in the law that the omission or irregularity of any of the elements of validity shall produce the nullity of the administrative act. Likewise, once the administrative act is declared null, whether in a judicial or administrative venue, it cannot be enforced or corrected without prejudice to the authority being able to issue a new one if its powers have not expired or prescribed (this legal institution refers in Mexico to the one known in the anglo systems as statutes of limitations).
If the act has been consummated, or it’s impossible in fact or law to reverse its effects, it shall only give rise to the liability of the public servant who issued or ordered it and, where appropriate, to compensation for the affected party.
B) Annulability
This figure occurs with the omission or irregularity of the requirements for the validity of the administrative act, and in any case, it shall be considered valid, it is enforceable, and it can be corrected by the authorities when they become aware of the defects or omissions of the act. In this case, the sanitation shall produce retroactive effects, and the act shall be considered as if it had always been valid.
C) Nullity and Annulability Ex Officio
Both figures for the administrative act may be declared ex officio by the hierarchical superior of the administrative authority that issued the act without prejudice to the fact that it may also be done at the request of a party. In any case, when the administrative act grants a right or benefit to an individual (for example, the establishment of a pension), it may not be annulled ex officio, but instead, the Administrative Contentious Trial must be filed, and the State Administrative Justice Court must be ruled in the authorities favor to cease the effects of the administrative act.
D) Revocation
In a very exceptional manner and with dubious constitutionality, administrative acts may be revoked, which essentially consists of the unilateral withdrawal of the valid and effective administrative act after justification of the existence of a supervening reason and public interest provided for in the legal systems that modify the initial conditions in which the original was issued and shall only have effects for the future. In any case, the authority that declares the revocation must provide compensation to settle the damages caused to the individual.
Finally, the administrative authority may also revoke, modify, or replace an administrative act provided that: 1) the legal system governing its existence provides for it and 2) such modification is favorable to the individual without causing harm to third parties or, 3) the right has been expressly granted on a temporary basis.
10) Extinction of the Administrative Act
The administrative act is extinguished by full right for the following reasons:
I.- By the fulfillment of its object or purpose.
II.- By the expiration of its term.
III.- When the administrative act is subject to a condition or suspensive term not carried out within the term indicated in it.
IV.- When a resolutory condition arrives.
V.- By resignation of the interested party when the act has been dictated for the exclusive benefit of the latter and is not to the detriment of the public interest or third parties.
VI.- By revocation, in accordance with the provisions of the Law.
VII.- By prescription (statutes of limitations)
VIII.- By nullity declared by the competent authority.
11) Administrative Silence
A disastrous situation when dealing with the public administration is when it does not respond briefly to the requests made to it, thereby violating the fundamental right of the governed to petition. Although the Administrative Procedure Law of the State of Chihuahua requires them to respond in writing or by electronic means to the requests made within a period not exceeding 3 months, they often do not do it.
Given this, the Chihuahua lawmakers instituted some institutions in the face of administrative silence, that is, the fictive negative and affirmative. By fictitious refusal, it must be understood that the decision of the public administration is unfavorable to the interests and rights of the petitioners; therefore, they can challenge such refusal, for example, through the Contentious Administrative Trial.
Quite the opposite occurs with the fictive affirmative, which essentially consists of the authority’s decision being favorable to the petitioner’s interests. Such a fictitious affirmative depends on the law from which the administrative act emanates (such as education, health, ecology, civil protection, etc.). On the other hand, for greater security of this fictitious affirmative, individuals can request that the administrative authorities certify that this figure has operated in their favor expressly. This is to have some document to prove the rights of that fictitious affirmative.
In any case, if once again the authority is reluctant to respond to the individual and certify the fictitious affirmative, it shall be enough for the individual to exhibit the original receipt of the original request before the public administration, as well as the receipt where he requests its fictitious affirmative is certified so that it has full probative value even if the authority has failed to comply with such certification.
12) Administrative Procedure
A) Initiation of the Administrative Procedure
The administrative procedure can be initiated ex officio or at the individual’s request as long as the rights they invoke have not been extinguished in terms of the applicable legal provisions. An example of initiating an administrative procedure at the request of a private individual is the following that I formulated for a matter against the public transportation authority in the state of Chihuahua. Check its structure. Here is the format (Spanish only)
In any case, the ex officio procedure can be initiated by agreement of the competent authority or complaint by individuals (such as health inspections, popular complaints regarding irregular human settlements, labor inspections, etc.).
Any administrative procedure initiated, even by individuals, shall continue as an ex officio until completion.
B) Requirements For Individuals to Initiate the Administrative Procedure
When individuals seek the initiation of the administrative procedure, their promotion must satisfy the following:
I.- Mention the authority to which they are addressing the petition.
II.- Provide the name or company name of the interested party and, where applicable, the name of its legal representative and the designation of those authorized to receive notifications and documents (consult the administrative file corresponding to the request)
III.- Indicate the address to receive notifications, which must be located within the territory of the state of Chihuahua or the corresponding municipality. Also, identify the preferred means of receiving them (such as through email, cellphone, etc) and, where appropriate, the person authorized for these purposes.
If no address is indicated to receive notifications in the indicated terms, the notifications that must be carried out, even those of a personal nature, shall be carried out by the public administration’s lists unless it has been agreed to carry out the notifications through electronic communication.
IV.- The request that is made, such as granting a pension, issuing a license, permit, etc.
V.- The description of the facts, background, and reasons for which the request is based.
VI.- The evidence that is offered, if applicable.
VII.- The questionnaire for experts, in the event of offering expert witness evidence.
VIII.- The place, date, and signature of the interested party or, where applicable, of their representative or legal representative, unless they do not know or cannot sign, in which case their fingerprint shall be printed, signing another person on their behalf and at the party request, indicating, of course, these circumstances.
C) Signature Prevention
If the signature is illegible or different from those of other promotions held by the administrative authority, the administrative authority may call the petitioner, granting him 5 business days to ratify the signature and the content of the signature in the presence of the authority.
If the petitioner denies the document’s signature or content, refuses to answer, or does not appear for the ratification, the promotion shall be rejected outright.
D) Promotion and Reception
The document requesting the initiation of the administrative procedure must be made before the receiving units of the organization in question. If, as the petitioner, you reside in a place other than where the administrative authority is located, you can present the promotions through the Mexican Postal Service or by registered mail with a return receipt.
E) Registration and Control
It may seem like a truism, but there is so much lack of control in the public administration that the Administrative Procedure Law of the State of Chihuahua obliges the authority to register any promotions by individuals and assign an administrative file with each and every one of your records duly numbered.
The previous provision may seem obvious, even to those who consider it to be the minimum to keep track of requests. However, previously, it was customary for promotions made before the administrative authority to be ‘agreed upon’ through official items, without being identified with a single file that could group all the documents and communications issued by the authorities, confusing, from then, to the petitioner of his request.
F) Evidence
For the administrative procedure, the law indicates that all types of evidence are admissible in its processing, except the confessional evidence of the authorities (declaration). Unfortunately, like other administrative laws, the Administrative Procedure Law of the State of Chihuahua does not expressly state all these types of evidence. Instead, its silence only confuses the layman in law. This is why, for you to understand what evidence is allowed in this type of procedure, I must refer to article 276 of the Code of Civil Procedures of the State of Chihuahua by supplementary provision of article 2 of the Law of Administrative Procedure of the State of Chihuahua[3].
Therefore, according to civil legislation, the evidence that can be offered by individuals in administrative procedures is the following:
I.- Confession
II.- Public Documents
III.- Private Documents.
IV.- Expert Opinions.
V.- Judicial Inspection.
VI.- Testimony.
VII.- Photographs, document copies, fingerprints, digital or computer records, and, in general, all those elements provided by the discoveries of science and technology technology.
VIII.- Human and legal presumptions.
Another important note that must be specified is that, due to the supplementary nature of the Administrative Procedure Law of the State of Chihuahua and for legal certainty as a petitioner before the administrative authority, in terms of 241, section VII of the Code of Civil Procedures of the State of Chihuahua[4] at the time you offer your evidence before the administrative authority, specify the fact or facts that you intend to prove with that evidence, under penalty of failing to do so, the authority shall reject it.
Likewise, it is pertinent to clarify that when offering evidence of judicial, expert, and testimonial inspection, the requirements stipulated by the Code of Civil Procedures of the State of Chihuahua must be met, given that, if not done so, there is a risk that the authority discards them. Rules that I will deal with briefly (if you want to know more about the civil trial in Chihuahua and how to present evidence, read the following entries: Basics of the Ordinary Civil Trial in Chihuahua, Mexico and Chihuahua’s Ordinary Civil Trial Part II. How Courts Weigh and Value Evidence)
Expert Opinions
In addition to the duty to comply with displaying in the petition before the public administration the questionnaire that the expert shall have to answer, I will also provide you with some advice to prevent your expert opinion evidence from being discarded, as well as to ensure that the administrative authority evaluates it:
I.- You must precisely indicate the science, art, technique, trade, or industry on which the expert evidence must be performed and the corresponding relationship of such evidence with the facts of your request.
A widespread error is that due to carelessness and superficiality, it is designated as expert evidence in ‘accounting’ or engineering matters when there are many subdivisions of those such as financial, fiscal, administrative, etc., as well as a multiplicity of engineering. Therefore, I recommend always being as precise as possible, such as an expert in topographical engineering or financial accounting, etc., to avoid having your expert witness evidence thrown out.
II.- Indicate the identification data and justification of the expert’s technical quality and attach the credentials that prove it. In any case, at first, it will be enough for you to show simple copies of said credentials. Still, once the administrative authority admits the evidence, the expert must accept the position and show a certified copy of his title or ID that accredits his expertise or simply compare the copies with their original.
III.- You must be careful when writing the questionnaire since the expert cannot answer or go beyond the questionnaire. Much less correct any omission or error in it since that would cloud its technical impartiality.
IV.- Ensure that the expert individually analyzes all aspects of the problem and, until the end, draws his conclusions. In short, don’t expect to answer the crux of the issue directly. The above, given that both the judges and the public administration have the freedom to evaluate the expert evidence even when it is technical.
Thus, even if an expert conclusively answers the substance of the matter without restrictions, you run the risk that they will not have the power to convince or settle possible objections that may be raised against the questionnaire. To illustrate the above, I am going to give you an example.
A common error in the case of the expert in graphoscopy (study of the graphics to find out their origin and the possible author) is that the expert who answers is simply questioned if the author of the doubted signatures corresponds to the author of unquestionable signatures.
It’s best that you instruct the expert to individually describe, in a general manner, both the doubted and undoubted signatures so that, once this is done, they can report whether there is a correspondence between them. This individual description will reinforce the criterion of the public administration. For example, by comparing the individual descriptions of the signatures, it is plausible that the authors of the same do not coincide.
V.- It may seem silly, but remember that the purpose of the expert evidence is to elucidate a technical problem, so ask the expert technical questions or formulate what we call ‘suitability questions’ such as describing in detail the methods, tools, and instruments used for the assessment of the subject matter of the expert opinion, etc.
Testimony
To be frank, this kind of evidence is of little use in the face of administrative procedures, given that the subject of Administrative Law itself is very technical since the public administration is in charge of specifying the generality of the laws and, therefore, requires personnel with knowledge depending on the matter in which it is involved, such as transportation, ecology, education, health, civil protection, etc. Issues that the mere appreciation of facts through a person’s senses could do little to dispel doubts.
Notwithstanding this, this evidence is not prohibited, so I will state the rules contemplated in the law for its offer:
I.- Only up to 3 witnesses can be offered for each disputed fact.
II.- The petitioner has the obligation to present his witnesses. However, when they cannot do so, they shall express this under oath of truth and indicate the precise reasons why they cannot present it so that the public administration can summon them with warnings consisting of an arrest of up to 36 hours or imposing a fine of up to 100 Measurement and Update Units.
III.- The examination of the witnesses shall be carried out in the presence of the parties who attended the proceedings, and they shall respond to the questionnaire presented by the petitioner. However, before this, they shall be warned of the legal consequences of false testimony, and their general information, such as full name, age, marital status, address, and occupation, must be recorded.
IV.- Likewise, any possible faults or defects that the witnesses may have shall be recorded, so they must answer if they are related by blood or affinity with the petitioner; if they are dependent, employed, have a partnership with him, or have another relationship of economic interest; if he is their friend, etc.
V.- The questions asked to the witness shall be asked verbally and directly related to the points of the petition.
VI.- The questions shall not be contrary to morality or law.
VII.- If there are several witnesses, their relief shall be done so that they are not communicated during or after the performance of their testimony.
VIII.- Special mention must be made in the sense that the authorities that are part of the public administration, centralized or decentralized, autonomous organizations, are of the federal, state, or municipal order, as well as the legislative, judicial, and municipal powers, municipalities of the state, they shall be asked for their declaration by official letter, and they shall render it in the same way. The questions they must answer shall be inserted in the document given to them.
Judicial Inspection
The purpose of this kind of evidence is to recognize places, things, or people; the only thing you have to be careful about is specifying the points on which the evidence will focus.
Again, precision in the points is the key, and for this, the law does not indicate, nor does the Code of Civil Procedures of the State of Chihuahua itself, how they should be written. However, considering that the official who attests to the judicial inspection must be guided by the points you write, you must avoid generalities and common places here.
The official designated by the public administration must draw up a record of the inspection. Where appropriate, it shall contain the signatures of those who attended it and a note of the verbal objections that were revealed during the inspection.
G) Evidentiary’s Term
Once the evidence has been offered and admitted to the authority, it shall, where appropriate, admit it and order that it be presented within 15 business days at the earliest.
H) Technical Opinion
In highly technical matters, the public administration may request reports or opinions from various agencies before resolving the individual’s request. These may even be mandatory if established by the relevant law. Opinions and reports must, in any case, be incorporated into the administrative file.
Unless otherwise specifically provided, previous reports or opinions must be issued within 10 business days. If they have not been issued, even if they are mandatory reports or opinions, it shall be understood that there is no objection to the individual’s claims.
I) Conciliation
Within the administrative procedure, the authorities may enter into conciliatory agreements with individuals to bring it to an end, provided that they are not contrary to the applicable legal provisions or affect the rights of third parties. Agreement that, in any case, may be required to be enforced before the State Court of Administrative Justice if one of the parties doesn’t comply with it in the future.
J) Conclusive Arguments
Once the administrative procedure is processed and there is no pending issue that prevents its resolution, the parties shall be notified that they have 5 business days to formulate conclusive allegations, which the authority shall consider when issuing the resolution.
K) Expiration
The expiration of the public administration is a legal institution that was created to guarantee the legal security of the governed. It refers to setting a time limit to carry out certain actions, such as initiating a verification visit, imposing a fine, or even initiating a concession cancellation procedure.
In the specific case, expiration only refers to the administrative procedure, that is, to the series of steps that must be followed before the public administration issues an administrative act that may be in favor of or against the governed.
The rules governing the expiration of administrative procedures are very simple. In both cases, that is, in those procedures initiated ex officio or at the request of a party, they shall expire within 3 months from the last action without movement, with the exception that those procedures initiated by the governed shall only expire when the impetus for the procedure corresponds to them.
L) The Termination of the Administrative Procedure
The law contemplates various ways in which an administrative procedure can be concluded, and they are the following:
I.- The final express resolution.
II.- Desistence of the petitioner.
III.- The material impossibility of continuing it due to supervening causes.
IV.- The expiration declaration of the administrative procedure.
V.- The prescription (statutes of limitations)
VI.- Waiver of legal rights or interests.
VII.- By agreement entered into between individuals and the public administration.
VIII.- By express affirmative resolution
IX.- By fictitious negative resolution.
M) Final Resolutions
The express final resolution is the quintessential way to end an administrative procedure and, therefore, the one with the greatest regulation contemplated by the lawmakers. Therefore, among its regulations, the following stand out:
I.- Resolutions must always be clear, precise, exhaustive, and issued in congruence with the requests raised before the agency or body of the public administration.
II.- When the administrative resolution imposes a benefit payable by an individual, it shall set a deadline for its voluntary compliance, considering the estimated time to carry out the various corresponding administrative procedures.
III. Once the resolution is issued and signed, the public administration may not modify or revoke it. However, when specifying a concept, they may do so ex officio or at the request of a party within 3 business days.
Of course, when clarifying, the administrative authority shall not be able to modify the essential elements of the resolution nor vary its substance. The agreement that decides the clarification of a resolution shall be considered an integral part of it.
Finally, for the purposes of challenging the final resolution, the date of notification of the resolution shall be the date of the agreement that decides on its clarification
By Omar Gómez
Mexican Tax, Administrative and Constitutional Attorney
Partner at beLegal abogados S.C
Visit belegalabogados.mx for more legal information and retainment of my services.
Contact me at omar.gomez@belegalabogados.mx
[1] Article 43.- Under the principles of coordination and collaboration between public administration, when an administrative body deems that it lacks jurisdiction to hear a particular matter, presented within the corresponding legal term, it must forward the document or file to the body it deems competent within a maximum period of five business days, notifying this fact within the same period to the interested parties and it must be considered presented on time; provided that it concerns the same area of government, whether state or municipal and, in the case of municipal bodies, provided that it concerns the same municipality.
[2] According to the General Theory of Obligations and, in particular, to the Civil Code of the State of Chihuahua, we understand conditional obligations to be those whose existence or consummation depends on a future and uncertain event. Conditions that are divided into two: 1) suspensive and 2) resolutory. The first implies that until the condition is fulfilled, the obligation shall not be born. On the other hand, the resolutory condition lies in that once the condition is fulfilled, the obligation is extinguished.
[3] Article 2. – This Law shall be applied additionally to the various administrative laws and other provisions derived from them. This supplementary nature shall not operate in relation to the First, Second and Seventh Titles, which must be observed even if there is a provision to the contrary in another legal system.
The Law of Administrative Justice, the Code of Civil Procedures, and the Tax Code, all of the State of Chihuahua, shall in turn apply supplementarily to this Law, as appropriate.
[4] Article 241.- The trial shall begin with the civil complaint, which must be in writing, and shall contain: […]
VII.- The offer of the means of proof that you intend to present in court, expressing with clarity and precision the fact or facts that you are trying to demonstrate with them. If you do not meet the aforementioned requirements, your evidence shall not be admitted.
