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Law 290 - Law on the Organization, Jurisdiction and Procedures of the Executive Branch December 1997 THE PRESIDENT OF THE REPUBLIC OF NICARAGUA Informs the people of Nicaragua that: THE NATIONAL ASSEMBLY OF THE REPUBLIC OF NICARAGUA In exercise of its powers; HEREBY DECREES The following: LAW ON THE ORGANIZATION, JURISDICTION AND
* * * * * CHAPTER IV
Administrative remedies Article 39. The appeal for reconsideration [recurso de revisión] through administrative channels is hereby established in favour of those citizens whose rights are deemed to have been harmed by actions issued by the ministries and entities referred to in this Law. Appeals for reconsideration must be filed within a period of 15 working days reckoned as from the day after the date on which notice of the action was served. Document of appeal Article 40. The document of appeal shall indicate the name and domicile of the appellant, and it shall also specify the action complained of, the grounds for challenging the action, and the address for service of documents. Entity responsible Article 41. The entity responsible for the action in question shall have jurisdiction to examine the appeal specified in Article 39 of this Law. Suspension of the action Article 42. The filing of the appeal does not suspend the implementation of the action. However, the authority examining the appeal may grant a suspension on its own initiative or at the request of a party, when implementation of the action may cause irreparable harm to the appellant. Appeal for review Article 43. The appeal for reconsideration shall be decided within a period of 20 days reckoned as from the date on which said appeal is filed. Appeal for review by a higher authority Article 44. The appeal for review by a higher authority [recurso de apelación] shall be lodged with the same entity that issued the action, within a period of six days after notice of the action was served, and the latter shall refer the case together with the pertinent report to its hierarchical superior within a period of 10 days. Decision Article 45. The appeal for review by a higher authority shall be decided within a period of 30 days reckoned as from the date on which it is filed. This step shall exhaust the administrative remedies, and the injured party shall then have standing to file a petition for constitutional relief [recurso de amparo], pending the effective date of the Law on Administrative Litigation Procedures. Other provisions applicable on a supplementary basis Article 46. Any other aspects of administrative procedure not addressed in this law shall be governed in accordance with the provisions of the relevant law. |
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