government officials and requested information on the consultation to the registry for disqualified persons.36 2. Components and phases of the determination of responsibility administrative proceeding for the 36. The administrative proceeding for the determination of responsibility regulated in LOCGRSNCF is preceded by two phases: one is a fiscal oversight phase and the other is an investigative phase.37 37. The phase of fiscal oversight is carried out by so-called “Management Agencies” within the Comptroller, which are divided by topics or type of fiscally scrutinized entities. 38 Said phase “stems from the operational or fiscal investigative plans carried out by the Comptroller […] while exercising its powers, or by a complaint or a request brought by any public body[, by means of] account examinations, inspections, or fiscal investigations [and other] measures to determine the alleged facts that may have led to illicit actions of an administrative nature.” 39 Subsequently, the respective “findings or […] results […] are notified by way of a preliminary report to the body or entity which has been the subject of the audit, in order for it to […] give its [corresponding] observations,” 40 to which the Comptroller will then “analyze and determine, by way of a final report, if the observations made in the investigative action are to be maintained or if attention should be brought to these considerations. Legal notice of this report would then be […] provided to the audited body or entity. 41 Upon completion of this phase, the investigative phase may begin where “unlike the prior phase, it arises necessarily […] when in the facts determined by the Comptroller […] there is evidence to assume the administrative responsibility of some of the government officials in the exercise of their functions.” 42 36 The Comptroller noted that “for the best fulfillment of the powers” attributed to the Comptroller regarding the adoption of the sanctions “ the execution of these accessory means to administrative responsibility” corresponds “to the office charged with administration of human resources of the entity or body of the official being sanctioned.” Likewise, it noted that “ both the noncompliance of the instructions made by the [Comptroller], in order for the disciplinary sanctions to be imposed, such as the designation of employees that would have been declared disqualified by the Comptroller […], could constitute facts regarding responsibility for the employee(s) that do not comply with that imposed […]. On the other hand, […] it reported that the Registry of Disqualified Persons must be consulted in the Office for the Determination of Responsibility of the [Comptroller].” Cf. Official letter No. 01-00-00104 of July 9, 2007, issued by the Comptroller General of the Republic to the Mayors of the Bolivarian Republic of Venezuela supra note 35, folios 1555 to 1558. 37 Cf. Articles 77 to 81 of the Organic Law of the Comptroller General of the Republic and National Fiscal Oversight, supra note 29, folio 77. 38 In this regard, the Court notes that in the present case, the Oversight Department of the Industry, Production, and Commerce Sector adjoined to the General Office of Decentralized Administrative Oversight of the Comptroller General and the Office of Municipal Oversight of the General Office of State and Municipal Control forwarded their cases concerning Mr. López Mendoza to the Comptroller. Cf. Act of the Office of Industry Oversight of July 11, 2002 (case file of annexes to the answer to the application, tome XX, annex A, folios 7754 and 7755) and final report of the Office of Municipal Oversight of September 9, 2003 (case file of annexes to the answer to the application, tome XXIX, annex D, folios 11252 to 11255). 39 Statement of expert witness Alejandro José Soto Villasmil in the public hearing held in this case. 40 Statement of expert witness Alejandro José Soto Villasmil, supra note 39. 41 Statement of expert witness Alejandro José Soto Villasmil, supra note 39. 42 Statement of expert witness Alejandro José Soto Villasmil, supra note 39. 18