ACUMAR – Resolution No. 322/2024 – Appeals Procedure Regulation
On December 18, 2024, Resolution No. 322/2024 of the Matanza Riachuelo Basin Authority (“Resolution”) was published in the Official Gazette, approving a new Appeals Procedure Regulation for administrative acts issued by ACUMAR. This regulation aims to update the current provisions, aligning them with the conclusion of judicial supervision established by the Supreme Court in the case “Mendoza Beatriz Silvia et al. v. National State et al. on Damages,” and with the applicable regulations, such as Law No. 26,168 and the National Administrative Procedures Law No. 19,549.
Among the highlights of the Resolution, the following provisions are established:
– Against administrative acts issued by ACUMAR’s Presidency, interested parties may file a request for reconsideration, an appeal as provided for in Law No. 26,168, or the relevant judicial action.
– Against administrative acts issued by officials of lower rank than the President, interested parties may file a request for reconsideration (including the hierarchical appeal as a subsidiary) and an independent hierarchical appeal.
– Administrative appeals must be submitted within 30 days of notification of the act, and the competent authority will also have 30 days to resolve them. If evidence has been submitted, this period will begin after the expiration of the evidentiary period or the submission of the relevant brief.
– If an administrative appeal is not expressly resolved within the established timeframe, it will be deemed rejected by default, without the need to request an expedited decision.
– The filing of appeals will not suspend the execution or effects of the administrative acts in question.
– The resources for review, correction of material errors, and clarification established in the National Administrative Procedures Law and its regulations will apply.
– ACUMAR’s Presidency may submit the analysis of appeals with institutional relevance to the Board of Directors before issuing a decision.
– Article 21 of Annex I of Resolution No. 852/2012 is replaced, establishing that the submission of a request for access to files will suspend procedural deadlines.
– Resolutions No. 5/2009, 2/2013, and 93/2024 are repealed, and pending administrative appeals will be adapted to the new regulation.
We remain at your disposal for any additional information you may consider necessary.
Yours sincerely,