Law 39/2015, of 1 October, on the common administrative procedure of public administrations (LPACAP) expressly recognizes the ex officio initiation of administrative procedures. In this case, although 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): the communication to the interested person of the initiation of the file must be made on paper, until in his case, this person expresses his consent for the relationship subsequent electronic, as until now 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 the subjects not obliged to continue the 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 e-mail address will be the one declared at the time of registration or the one stated in the database of the local body. If the obligors are not registered in the power of attorney register or there is no e-mail address in the database, it will be necessary to make a first communication of initiation of the paper ex officio file. In this communication, they will be informed that they are obliged to communicate by electronic means with the Public Administrations and will be required to send an e-mail address in order to receive notice of the successive electronic notifications.
In the event that the person required for electronic processing does not report an e-mail address to receive the notification notice, the local body is empowered to continue processing by electronic means, which will be reported in the request. initial.
Article 14. Right and obligation to interact electronically with public administrations . "
"1. Natural persons may at any time choose whether or not to communicate with public administrations in order to exercise their rights and obligations by electronic means, unless they are obliged to communicate by electronic means with public administrations. The means chosen by the person to communicate with the public administrations may be modified by the person at any time.
2. In any case, at least the following subjects are obliged to communicate with the public administrations through electronic means in order 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 the public administrations in the exercise of the aforementioned professional activity. In any case, this group includes notaries and registrars of property and commercial property.
d) Those who represent an interested party who is obliged to interact 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 regulations of each Administration. 3. By regulation, administrations may establish the obligation to interact with them through electronic means for certain procedures and for certain groups of individuals who, due to their economic, technical capacity, professional dedication or other reasons are proven to have access to and availability of the necessary electronic means. ”
Article 54. Initiation classes.
"Proceedings may be initiated ex officio or at the request of the interested party."