2023/02/03 21:41

What is the sanctioning procedure?

This is the proceeding established for sanctioning those national or foreign individuals or companies, resident in Spain, that either do not provide the information that they are obligated to supply, or provide information that is not true, exact and complete or that is provided outside of the time periods established to said effect.

Once the time period allotted for submitting said information has expired, without the interested party having provided the data required, both in time and in format, the administrative unit requiring this will repeat its request, sending the interested party a fresh notification, using any means that allows for keeping a record of its receipt. Through this, compliance with the regulatory demand will be required, and a period of fifteen calendar days will be granted, starting on the day following the date of notification, with the express warning regarding the violations and sanctions that they might incur if they do not respond to said requirement according to the terms indicated.

Upon the expiry of the aforementioned time period of fifteen days without having provided the information requested, the Administrative Unit in charge of the management of the survey will submit the background data to the body with jurisdiction regarding the initiation of the proceedings.

What are the stages in the sanctioning process?

  1. Agreement on the initiation of the sanction proceedings. The interested party may, as pertinent, issue allegations to them within the time period of fifteen working days.
  2. Proposal for sanction resolution. The interested party is granted the possibility of presenting new allegations.
  3. Sanction resolution. This resolution marks the end of the administrative process, but the interested party may lodge an appeal for reversal, with a jurisdictional nature, against it within a one-month period. Moreover, they may file an administrative appeal within a period of two months following notification.

What paperwork may be performed through the electronic office?

This allows for carrying out the following procedures:

  1. View the documents included in the sanction files.
  2. Submit allegations and appeals in the different phases of the proceedings.
  3. Carry out the electronic payment of the sanctions imposed.

Actions through representatives

Any of the above paperwork may be carried out through a representative, according to the purposes and requirements set out in article 32 of Law 30/1992 of 26 November, of the Legal Scheme of the Public Administrations and of Common Administrative Proceedings.

Representatives must show accreditation to the INE, through any valid Legal means that provides reliable proof, or granted through the statement of the interested party in a personal appearance in the offices of the Institution, or through its electronic office. With the representation granted, the following will be agreed upon with the representative: all actions included in the sanctioning proceedings for whomever they are requested, and subsequent actions that may, as pertinent, be initiated against the interested party, insomuch as said interested party does not expressly revoke that representation.

What means may they use to make the payment?

The portal enables carrying out the payment of the sanctions imposed due to failure to comply with statistical obligations, through charging a current bank account, within the time period stipulated to do so.

Receipt of any of the payments made may be viewed, and printed, once again, at any time.

Payment via charge from a current bank account

Malware

In the case that files are presented with malicious software, the file will be considered as not presented, for the purposes of performing the procedure.

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