declare the administrative responsibility of the government official or individual offender.”
142
77.
Taking into account the aforementioned, in said Order it was decided that:
1.- Administrative Responsibility is declared for the following citizens: LEOPOLDO LÓPEZ
MENDOZA, ANTONIO JIMENEZ CABRERA, NELSON YANEZ VILLAMIZAR, EVA ELIZABETH
RAMOS RAMÍREZ, SHULLY ROSENTHAL WAINTRUB AND THIBALDO COROMOTO AULAR
BORJAS, […] the first, in his charge as Mayor of the Municipality of Chacao, and the rest as
Council members of the Municipal Chamber of said Municipality.143
78.
As a consequence of this declaration of responsibility, Mr. López Mendoza was
fined eight million, one hundred and forty thousand Bolivares (Bs. 8,140,000.00), 144
equivalent to US$4,239.58, according to the official exchange rate of the Central
Reserve Bank of Venezuela in force at the time the fine was imposed, pursuant to the
information confirmed by the parties in the final written arguments.
4.6.
Motion to Reconsider
79.
On November 22, 2004, Mr. López Mendoza filed a Motion to Reconsider.145 In this
motion, he argued the violation of his right, among others, to a defense as well as the
principle of “non bis in idem” and the doctrine of exhaustion of the administrative
decisions [globalidad de la decision], regulated by Article 62 of the Organic Law of
Administrative Proceedings, according to which the decisive administrative act should
resolve all the issues raised in the proceeding. 146
80.
On March 28, 2005, a Resolution was issued which dismissed the Motion to
Reconsider, and as such, reaffirmed the decision of October 26, 2004.147 According to
said resolution: i) the Comptroller acted in conformity with the law, “considering that the
alleged elements of responsibility upon which the investigation was brought that could be
subsumed for the purpose of establishing possible administrative responsibility, do not
constitute a legal requirement for the phase in discussion” 148; ii) “it is not evident from
the actions taken in the case file, that on a prior date [Mr.] López Mendoza, […], under
his charge as Mayor of the Municipality of Chacao, was declared administratively
142
Deciding order of November 2, 2004, of the Office of Determination of Responsibility, supra note 140,
folio 3288.
143
Deciding order of November 2, 2004, issued by the Office of the Determination of Responsibility of the
General Office of the Special Procedures, supra note 140, folio 3354.
144
Deciding order of November 2, 2004, of the Office of Determination of Responsibility, supra note 140,
folio 3356.
145
Cf. Motion to reconsider of November 22, 2004, filed by Mr. López Mendoza (case file of annexes to
the application, Tome V, folios 3360 to 3399).
146
Cf. Motion to reconsider of November 22, 2004, filed by Mr. López Mendoza, supra note 145, folios
3360 to 3399.
147
Cfr Resolution of March 28, 2005, of the Office of Determination of Responsibility, Exp. No. 08-01-0704-003) (case file of annexes to the application, annex 10, Tome 1, folios 355 to 385)
148
Resolution of March 28, 2005, of the Office of Determination of Responsibility, supra note 147, folio
366.
35
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