it depends
A person obliged to the electronic relationship does not have the right to choose the communication channel with the Public Administrations (PA) and, therefore, must be notified electronically.
On the other hand, a person not obliged to communicate by electronic means can choose the notification channel.
Even so, the regulations provide for some exceptions in which the notification must be done on paper. They are the following:
- The spontaneous appearance of the interested person or his representative at an assistance office in matters of records.
- The direct delivery of the administrative action by an official to guarantee the effectiveness of the administrative act.
- The existence of elements that cannot become electronic.
- The inclusion of means of payment (a check).
- The notification of a procedure initiated ex officio to a person obliged to the electronic relationship, when the AP does not have sufficient data to send the notice of making the notification available.
Yes, in general, even when it comes to people who have chosen to receive paper notifications.
In accordance with the regulations, all notifications made on paper must also be made available to the interested person (whether or not they are obliged to use electronic media) at the electronic headquarters of the acting entity or , to the Single Authorized Directorate so that he can access it voluntarily. The exceptions in the previous section must be taken into account.
When the PA notifies on paper and electronically (supplementary notification to the e-NOTUM service), the date of access to the notification will be the one that occurs first.
In the Support Portal section How to create a notification/communication? you have at your disposal a specific section on complementary notifications.
The notification of administrative acts by e-mail or an SMS is not provided for in the regulations.
Therefore, the sending of administrative acts by e-mail or SMS does not comply with the legally required technical requirements, being a risk for the PA that undertakes the practice of notifications through these channels
According to the regulations, electronic notifications can be made through: electronic attendance (such as e-NOTUM), an enabled electronic address or both systems together.
A separate issue is the sending of the informational notice to the mobile phone and/or email of the interested person or his representative, where he is told that he has a notification available.
Yes, the notice must be sent whether the notice is given on paper or by electronic means. Even so, when the AP does not have sufficient data, it is exempt from sending it.
Finally, note that the lack of practice of this notice does not prevent the notification from being considered fully valid.
You will soon be able to practice these notifications from the new e-NOTUM citizenship portal that AOC has developed.
On this matter, it should be borne in mind that, although a minor is the owner of rights and interests, in general he does not have the capacity to act and, as a consequence, he does not have the status of an interested party in a procedure administrative
In this regard, it should be noted that the legal representation of minors corresponds to the parents or to the persons exercising their tutelage or guardianship; this, without prejudice to the exceptions provided for in the regulations (for example, an emancipated minor).
For all of the above, when you manage the notification of an administrative act dealing with the rights of a non-emancipated minor (for example, the granting of aid), you must direct it to the persons who they exercise paternal authority, tutelage or guardianship.
Law 39/2015: art. 3, 4 and 41 to 45
RD 203/2021: art. 42 to 45
Law 26/2010: art. 56