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

Seleccionar párrafo de destino3

Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos