Appeal after negative administrative silence

We draft your request for reconsideration or appeal against the deemed denial by negative administrative silence, addressed to the entity that did not decide your request in time, using the details you give us. This is not legal advice or representation, it does not assess whether your procedure has negative silence or whether your request is right, and it does not guarantee the outcome.

This is not legal advice or representation. This appeal only fits if your procedure has negative administrative silence under its TUPA or its own rule, and the deadline passed with no answer. If your procedure has positive silence, what you need is the positive-silence sworn declaration; if you do not know which it has, use the administrative silence classifier first. It does not cover tax or customs procedures, which follow the Código Tributario (art. 34.3 of the TUO of Ley N.º 27444). Negative silence starts no deadline against you to challenge it (art. 188.5), but each appeal can be used only once and never both at the same time (art. 214). A reconsideración needs new evidence, unless the office is the only instance (art. 208).
Every filing with an entity must state your address (art. 113 of the TUO of Ley N.º 27444).
For example: "Subgerencia de Licencias". It is on your receipt or in the TUPA.
Reconsideración: decided by the same office, and you need new evidence (unless that office is the only instance). Apelación: filed with the same authority so it forwards it to its superior, for a different reading of the evidence or a pure question of law. Each can be used once, never both at the same time.
The one the TUPA sets for your procedure. If it sets none, the general maximum is thirty (30) business days (art. 35 of the TUO of Ley N.º 27444), unless a law sets a longer one.
If you are not sure, leave it blank: the letter will say the deadline has passed, without a date.
In your own words: the facts and, if you know them, the rules or requirements you meet. This tool does not assess whether you are right.
If left blank, the letter asks that the appeal be upheld and your request approved.

It is a draft that you review and file yourself. It is not legal advice or representation. Delivering it is free and you do not need a lawyer; what you pay for is the drafting.

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