Termination of Administrative Responsibility in Public Service

Posted on Jan 13, 2025 in Law & Jurisprudence

Termination of Administrative Responsibility

The extinction of administrative responsibility may be caused by:

  • Death: If the penalty was a fine and is pending, it has no effect.
  • Cessation of functions: In this case, even if the official involved ceases to belong to the institution’s records, the process must take its course to completion. If punishment is warranted, the Comptroller General of the Republic (CGR) should be informed.
  • Failure of functions.
  • Prescription of disciplinary action: Liability is extinguished four years from the day the infringement occurred.

Cessation of Functions (Articles 146-156 of the Statute)

  1. Acceptance of resignation: The waiver must be in writing and takes effect from the date on which the decree or resolution accepting it is fully processed. The waiver can only be held if the official is subject to a summary investigation stemming from serious events that suggest they may be removed from the institution (dismissed). Even in this case, it cannot be retained beyond 30 days from the date of submission.
    • Regarding the waiver, it should be noted that for positions of exclusive trust, the removal request may be made by the President or the authority responsible for the appointment.
    • If the official resigns, the position becomes vacant within 48 hours.
  2. Collection of retirement, pension, or income revitalization in relation to the respective public office: The official ceases to perform their duties on the day they should begin to receive the respective pension, according to relevant standards.
  3. Removal: This can be configured by applying the sanction in a summary investigation, having received a list 4 rating, or receiving a list 3 rating for two consecutive terms.
  4. Declaration of vacancy: This occurs in the following cases:
    • Irrecoverable health issues inconsistent with the performance of duties.
    • Loss of any of the causes of income, mainly having been convicted of a felony or misdemeanor.
    • Failure to submit a waiver within 48 hours of being requested by officials in cases of exclusive trust.
    • Receiving a failing grade in list 4 or two years in list 3.
    • The head of the institution has the authority to consider health incompatible with the position if the official has used licenses continuously or intermittently for six months in recent years without a declaration of irrecoverable health.
  5. Abolition of employment: In exceptional cases, the public employee may be compensated with an amount equal to six months’ salary.
  6. Expiration of the legal term for which they were appointed.
  7. Death.

Prescription

Prescription is the extinction, over time, of the possibility of enforcing a right or bringing an action.

  • The general rule is that the rights of officials regulated by the statute prescribe within two years from the date they become payable.
  • There is a special rule for remuneration and allowances prescribed by law, which expires within six months from when they should be payable.
  • If there is any legal defect affecting the rights of officials, the affected party has a 10-day period from when they became aware of the situation to claim to the Comptroller.
  • For benefits or rights related to salaries, allowances, or per diem, the period is 60 working days.