Law 39/2015, of 1 October, on the common administrative procedure of the Public Administrations (LPACAP) establishes, on the one hand, that one of the ways of presenting documentation by those interested in the Public Administrations is the offices and, on the other hand, that in general the documents that the interested parties have provided to the procedure in person must be digitized by the Registry Assistance Office (OAMR) for incorporation into the electronic administrative file. The originals must be returned to the interested party, without prejudice to the cases in which the rule determines the custody by the Administration of the documents submitted or it is mandatory to present objects or documents in a specific medium that cannot be digitized.
Therefore, the LPACAP does not resolve what the OAMRs have to do in practice with the documentation that they have received by mail and have been digitized.
Document management tools should be used to resolve this issue. In this sense, the applicable Evaluation and Document Access Tables (TAAD) should be considered to determine the relevance of the documentation, as well as the need for its conservation or destruction.
The simplification in this matter could also come if this regulation were applied to the post offices and therefore to the documentation that would reach the OAMR by electronic means.
Article 16. Records
“4. The documents that the interested parties address to the bodies of the public administrations can be presented:
a) In the electronic register of the Administration or body to which they are addressed, as well as in the other electronic registers of any of the subjects referred to in article 2.1.
b) At post offices, as established by regulations.
c) At Spanish diplomatic representations or consular offices abroad. d) At the registration assistance offices.
e) In any other that establishes the valid dispositions. [...] ”
5. Documents submitted in person to the public administrations must be digitized, in accordance with the provisions of Article 27 and other applicable regulations, by the registration assistance office in which they have been submitted. for incorporation into the electronic administrative file, and the originals must be returned to the interested party, without prejudice to the cases in which the rule determines the custody by the Administration of the documents submitted or it is mandatory to present objects or documents in a specific medium that cannot be digitized. ”
Article 28. Documents provided by those interested in the administrative procedure.
“1. The interested parties must provide the administrative procedure with the data and documents required by the public administrations in accordance with the provisions of the applicable regulations. Interested parties may also provide any other documents they deem appropriate. ”