Law 39/2015, of October 1, on common administrative procedure of public administrations (LCAPAP) expressly recognizes the ex officio initiation of administrative procedures. In this case, despite the fact that the general administrative procedure and its processing must be electronic, it will be necessary to differentiate if we are dealing with subjects:
- Not obliged to process electronically (art. 14.1 LPACAP): communication to the interested person of the initiation of the file must be done on paper, until, in his case, this person expresses his consent for the relationship subsequent electronic, since until that moment the consent will not have occurred. Therefore, from the first communication of initiation of the official file that will have to be done on paper, it will be necessary to give the option to non-obligated subjects to continue processing by electronic means. In practice, it will be necessary to articulate a mechanism for the provision of this consent.
- Obliged to process electronically (art. 14.2 and 14.3 LPACAP): the problem lies in determining the electronic address for notification purposes. In the case of legal entities registered in the power of attorney register, the electronic address will be the one declared at the time of registration or the one listed in the database of the local entity. If the obligees are not registered in the power of attorney register or there is no electronic address in the database, it will be necessary to make a first communication of the initiation of the office file on paper. In this communication they will be informed that they are obliged to relate by electronic means with the Public Administrations and they will be required to have an electronic address to receive the notice of the successive electronic notifications.
In the event that the obligee to electronic processing does not provide an electronic address to receive the notice of notification/communication, the local body is empowered to continue the processing by electronic means, which will be reported in the request initial.
Article 14. Right and obligation to relate electronically with public administrations ."
"1. Natural persons can choose at all times whether to communicate with public administrations to exercise their rights and obligations through electronic means or not, unless they are obliged to communicate through electronic means with public administrations The means chosen by the person to communicate with public administrations can be modified by that person at any time.
2. In any case, at least the following subjects are obliged to communicate through electronic means with the public administrations to carry out any procedure of an administrative procedure:
a) Legal entities.
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 public administrations in the exercise of the mentioned professional activity. In any case, this group includes notaries and property and commercial registrars.
d) Those who represent an interested party who is obliged to communicate electronically with the Administration.
e) Employees of public administrations for the procedures and actions they carry out with them due to their status as public employees, as determined by the regulations of each Administration. 3. By regulation, the administrations can establish the obligation to relate to them through electronic means for certain procedures and for certain groups of natural persons who, due to their economic, technical capacity, professional dedication or other reasons it is proven that they have access and availability of the necessary electronic media."
Article 54. Initiation classes.
"Procedures can be initiated ex officio or at the request of the interested party."