concluded that it would “forward the Report on Results to the Office of the Determination of Responsibility, in order for it to carry out the corresponding assessment.”77 3.3. Administrative proceeding for the determination of responsibility 51. On July 15, 2004, an administrative proceeding was initiated for the determination of responsibility, established in Article 96 of the LOCGRSNF, as a result of the “occurrence of alleged irregular activity,” specifically the following: i) “[a]lleged arrangement with the interested parties, regarding the contract and seeking a determined result,” ii) [a]lleged carrying out of contracts by third party,” and iii) “[s]imulation.” 78 Given the abovementioned, said order to initiate the proceeding specified that regarding the donations to PDVSA and the situation at hand, it could be subsumed under the assumption of administrative responsibility enshrined in numerals 5 and 7 of Article 113 of the Organic Law of the Comptroller General of the Republic of December 13, 1995, applicable at the time the events occurred.79 52. On July 16, legal notice was provided to Mr. López Mendoza and to Mrs. Antonieta Mendoza de López of the Order to Initiate the Administrative Proceeding. 80 In this Order “they are charged with alleged irregular activity, based on the Investigative Power in Case File No. 22-00-2003, and of the documentary evidence that was gathered to that effect.” Moreover, it was communicated to him that they counted on a period to present the evidence, as well as to carry out a hearing where legal arguments would be raised. 81 Subsequently, on August 25, 2004, Mr. López Mendoza presented documentary evidence to defend himself form the accusations being made regarding the donations.82 53. On October 5, 2004, in the framework of the hearing before the Director of Determination of Responsibility, the representative of Mr. López Mendoza argued, among 77 Report on results of the Office of Industry Oversight, supra note 74, folio 7442. 78 Cf. Order of initiation of the Office of Determination of Responsibility of July 15, 2004, supra note 54, folios 5529 to 5584. 79 The reasons for administrative responsbility of which Mr. López Mendoza was charged were established in numerals 5 and 7 of Article 113 of the Organic Law of the Comptroller General of the Republic, in force at the time the events occured. Said numerals of Article 113 stated: “Those facts that are elements of administrative responsibility independent of civil or criminal responsibility, aside from those enshrined in Title IV of the Organic Law of Protection of the Public Good, mentioned below: […] 5. The celebration of contracts, that, filed by an individual or the individuals representative, with the Republic, State, or Municipality, and other legal persons of public law, except the exceptions established in the law. […] 7 Acting in concert with interested parties to carry out a particular result, or the use of maneuvers or means that lead to this result, carried out by an official, by virtue of his office, carrying out a contract, concession, licitation, liquidation of assets or effects of public goods or in providing them.” The Report on Results indicated that que Igual previsión, contemplated in Article 91, numeral 4, and 20 of the [LOCGRSNF] in force of 2001”. Cf. Order of initiation of the Office of Determination of Responsibility de 15 de Julio de 2004, supra note 54, folios 5529 a 5584. 80 Cf. Official letter 08-01-1048 issued by the Office of Determination of Responsibility of July 16, 2004 (Case file of annexes to the application, tome I, annex 5, folios 257 and 258). 81 Cf. Official letter 08-01-1048 issued by the Office of Determination of Responsibility, supra note 80, folios 257 and 258. 82 Mr. López Mendoza presented documentary evidence that consisted of: a) original Constitutive Statutes of the Civil Association Primero Justicia and Modification and Consolidation of the Statutes, and b) the “Regulations on Conflicts of Interest” contained in the Manual on Regulations and Administrative Procedures for Personnel of PDVSA, Head Office Cf. Brief of Promotion of evidence presented by Mr. López Mendoza on August 25, 2004, Case file No. 08-01-06-04-005 (case file of annexes to the answer to the application, tome XI, annex A, folios 5604 to 5607). 24