The Public Administrations (PA) must establish specific forms (or standardized models) for requests, responsible statements and communications, which must be published and updated, with the aim of making them easily accessible for the citizenship
Before putting a specific form into operation, however, it is advisable to carry out a preliminary analysis of the procedure and the specific procedure, taking into account the principles of administrative simplification, necessity and proportionality, among others.
This prior analysis must also serve to publish clear information for citizens and, if possible, improve aspects related to the internal management of files.
When a specific form exists, citizens must use it. However, it may happen that someone submits a request without using this specific form (either in person or from the electronic headquarters).
What can we do if this happens? (the following actions are only predicted if the processing is through the face-to-face channel).
First, admit the documentation presented and register it at the outset.
Next, inform the person that there is a specific form of mandatory use and that, for this reason, he will be required to amend the procedure in order to use the corresponding form; you must do the same if the application is incomplete.
In this regard, it is important that the registration assistance office (OAMR) takes into account the obligation to admit any writing and communication addressed to the entry register of a PA, as otherwise it may generate differences with processing by electronic means.
In effect: when the interested person submits a letter from the electronic headquarters there is no intervention by the staff of the OAMR, so that the entry settlement is practiced automatically; if this is the case, the AP will require you to amend the application by submitting the specific form.
Finally, we provide you with some good practices for you to consider using in situations like the one described:
- Offer the correct form (on site or as an attachment to the request) and even completed (in whole or in part), so that the information can be checked, modified or completed.
- Make the request at the same time as recording the entry of the documentation (by means of a notification by spontaneous appearance).
In accordance with the regulations, the interested parties are responsible for the veracity of the documents they present and the information they present in the responsible declarations and previous communications.
Equally, the inaccuracy, falsity or omission of the data included in the responsible declarations and previous communications, are reasons to prevent continuing with the exercise of the affected right or activity.
In view of this, it is advisable to include a clause to this effect in the forms to ensure that the persons concerned have been informed about their responsibility regarding the data they provide and the power to verify the information. This clause must also encourage checking the veracity of the data and documents they provide.
Law 39/2015: art. 28, 66, 68 and 69
RD 203/2021: art. 3 and 14
Organic Law 3/2018: DA 8a