Boletín Oficial del Principado de Asturias - [ Translate this page ]
... la autorización de funcionamiento como Centro extranjero para impartir enseñanzas
de nivel universitario al denominado American University of Asturias. ...
google translation:
I. Principality of Asturias
OTHER DISPOSITIONS
CONSEJERIA OF EDUCATION And CULTURE
RESOLUTION of 10 of October of 2000, of the Council of Education and Culture, by which the authorization of operation like foreign Center is denied to distribute lessons of university level to the denominated American University of Asturias.
Administrative antecedents
Examined the request of authorization of operation of foreign Center formulated by Don Angel Luis Ceferino Fernandez and Fernandez, in representation of American University of Asturias, LIMITED LIABILITY COMPANY, take refuging in the arranged thing in Real Decree 557/1991, of 12 of April, on creation and university recognition of Universities and Centers and the file of its reason from which they are Antecedent in fact
First-with date 3 of February of 1999 the denominated Training center American University was object of inspection by the Inspection of the Regional Agency of Consumption of Asturias, property of American University of Asturias, LIMITED LIABILITY COMPANY, with address in the street Principality, n.º 9-1.º, of Oviedo, personando itself Don Angel Luis Fernandez Fernandez, in quality of President, to the object to verify the legality of the operation of this Center like deprived center of conducive lessons to foreign university degrees in the Principality of Asturias.
Second-with date 5 of February one required by the Regional address of Universities and Investigation of Don Angel Luis Fernandez Fernandez, so that it contributed whichever documentation, in his opinion, protects the exercise of the activity developed by the Center American University of Asturias, granting to him in addition a term for hearing proceeding in writing, like previous proceeding to the adoption of the measurement to prevent of provisional closing of the Center.
Third-by Resolution of 23 of March of 1999 of the then Council of Culture, the provisional closing of the denominated Center American University prevailed of Asturias, with seat in the street Principality, n.º 9-1.º, of Oviedo, with the consequent prohibition of development of academic or formativa activity, like measurement to prevent when lacking this Center previous the administrative authorization to distribute lessons of conducive studies to foreign degrees, granting a term to him of a month for the presentation of the documentation demanded by the applicable norm that had been required him previously without it had been presented/displayed in the term granted to the effect.
Cuarto.-Formulado resource of plea against this Resolution before the Council of Government of the Principality of Asturias by Don Angel Luis Fernandez Fernandez, in name and representation of American University of Asturias, LIMITED LIABILITY COMPANY, was misestimated with date 11 of November of 1999, confirming in its own terms the resorted Resolution.
Fifth-with date 9 of September of 1999, by Resolution of the Council of Education and Culture, one rose to definitive the provisional closing to not to be contributed by interested the required documentation in the established term to the effect.
Sexto.-Paralelamente to this file, with date 19 of February of 1999 was formulated by Don Angel Luis Fernandez Fernandez, in name and representation of American University of Asturias, LIMITED LIABILITY COMPANY, new request of authorization of operation like foreign Center for the Center American University of Asturias, with identical seat in Oviedo. To not to have credited during the transaction of the file that the Center had the corresponding diplomatic certification, by Resolution of 9 of June of 1999, of the then Council of Culture, the file of the request and the consequent file of authorization was ordered.
Seventh-with date 27 of 1999 July, reg. entrance N.: 0000-39551/1991 in the Administration of the Principality of Asturias, Luis Ceferino asks for itself by Don Angel Fernandez and Fernandez, in representation of American University of Asturias, LIMITED LIABILITY COMPANY, authorization of operation like foreign Center of the denominated American University of Asturias, for the administration of originated academic programs in the United States and according to that educative system, on the basis of Real Decree 557/1991, of 12 of April.
Eighth-with date 14 of September of 1999, one notified the interested ones, in accordance with the preceptuado thing in the article 42,4, second paragraph, of Law 30/1992, 26 of November, Legal Regime of the Public Administrations and the Common Administrative Procedure, according to writing given to the same one by Law 4/1999, of 13 of January, the initiation of the operation file and the term for his resolution.
On the other hand, examined the documentation presented/displayed by the interested ones it was observed that in the same one it did not appear the diplomatic certification demanded by the article 19,1, first paragraph, in relation to letter b) of section one of article 18 of Real Decree 557/1991, of 12 of April, on creation and university recognition of Universities and Centers, but the copy of a writing of the Embassy of the United States of America in Spain, of whose reading is come off clear way that the organization applicant was not then in conditions for contributing the required certification, every time the same one was in process of accreditation and concession of said estatus, procedure that was ventured expanded in the time, reason why remembered the paralyzation the maximum term to solve the authorization file, by the time that mediated between the notification in this agreement and the incorporation to the file on the part of the applicant of the acreditativo certificate of the fulfillment of the requirement indicated in the previous paragraph, notifying this agreement in the same date, 14 of September of 2000.
Ninth-with date 31 of January of 2000, reg. Admón. entrance of the Principality of Asturias N.: 0000-4627/2000, Don Angel Luis Fernandez Fernandez, in representation of American University of Asturias, LIMITED LIABILITY COMPANY, solicits is continued maintaining in condition the file or is continued its transaction being based on the reciprocal accreditation initially presented/displayed, when being in proceeding still the required acreditativo certificate.
Tenth-with date 19 of September of 2000, given the passed time without the asked for documentation had appeared, one notifies interested the rise of the paralyzation of the term to solve, requiring to them so that in a maximum term of ten days they contributed the diplomatic certification demanded by article 19,1, first paragraph, in relation to letter b) of section one of article 18 of Real Decree 557/1991, repeatedly mentioned, informing to them that of not doing it therefore it would be had them by stopped of his request, previous resolution dictated in the terms anticipated in article 42 of mentioned Law 30/1992, all it in application of the arranged thing in article 71,1 of the same legal text.
Eleventh-with date 29 of September of 2000, reg. Admón entrance. Principality of Asturias N.: 1500-19641/2000, Don Angel Luis Fernandez asks for an extension of the term to solve the file of authorization of six months. Foundations of right
Primero.-El article 19 of Real Decree 557/1991, 12 of April, on creation and recognition of Universities and university Centers, has that the establishment in Spain de foreign Centros, to distribute lessons of university level, according to effective educative systems in other countries, will adjust to which arranges the competent Administration when authorizing them, demanding in any case the accreditation to that letter b) of section one of article 18 talks about.
Segundo.-El article 18 of mentioned Real Decree 557/1991 requires, for the establishment in Spain de foreign Centros of Superior Education, to credit that the Cen tro properly is constituted in accordance with the legislation of the country according to whose educative system tries to distribute the lessons, that the titles and curricula necessary to obtain properly are recognized them, that the lessons will have total validity in the referred country, demanding that the accreditation of these requirements takes control of the certification sent to the effect by the credited representation in Spain of the country according to whose educative system it is had to distribute education.
Tercero.-El article 10.º One of Decree 13/1998, of 12 of March, the Principality of Asturias, by which it regulates the procedure of creation of university Centers and degrees, as well as of authorization of conducive studies to foreign degrees in the Independent Community of the Principality of Asturias, establishes that the previous authorization of the Council with competitions in the matter of universities for the establishment of foreign Centers and the authorization of conducive studies of university level to titles according to the effective system in foreign countries will be precise, whenever they have his seat or they develop his activity in the Independent Community of the Principality of Asturias.
In attention to the enumerated antecedents and the foundations of application right and considering that the terms granted in this new file, have been sufficiently ample so that the interested ones had contributed the mandatory certification, and considering that the reiterated transaction of the request of authorization of foreign Center by such interested, already has been solved of negative way by up to three preceding and firm acts in administrative route, before the deficiency of an essential document without which it is not possible to favorably solve the file to his interests, in which it seems to constitute a behavior in opposition to the good faith prohibited by article 7,1 of the Code Civilian, hereby and in accordance with article 71 of Law 30/1992, of 26 of November, of Regime Legal of Administrations Public and of Procedure Administrative Common, modified by Law 4/1999, of 13 of January, in harmony with article 21,4 of Law 2/1995, of 13 of March, on Regime Legal of Administration of Principality of Asturias, that arranges that the holders of the Councils, for the decision of the subjects of their competition, will be able to dictate resolutions, R And S Or And L V Or
First -Denegar the authorization of operation like foreign Center to distribute lessons of university level to the denominated American University of Asturias, asked for in date 27 of 1999 July, by Don Angel Luis Ceferino Fernandez and Fernandez in representation of American University of Asturias, S.L.
Segundo.-Publicar la presente Resolución en el BOLETIN OFICIAL del Principado de Asturias para general conocimiento.
Tercero.-Contra la presente Resolución podrá interponerse recurso de súplica ante el Consejo de Gobierno del Principado de Asturias en el plazo de un mes, a contar desde el día siguiente a la notificación de la misma a los interesados, sin perjuicio de que, de entenderlo éstos oportuno, se interponga cualquier otro recurso que, a su juicio, resulte más conveniente para la defensa de sus intereses.
Oviedo, 10 de octubre de 2000.-El Consejero de Educación y Cultura, Francisco Javier Fernández Vallina.-16.262.
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