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PROFEPA - is the Prosecutor for SEMARNAT and is responsible for the oversight of compliance to Environmental laws, regulations, and standards (NOMs) and carries out inspections ex oficio, by reason of complaint, when an accident occurs, or to verify corrective measures previously agreed on.

INSPECTION ORDER - The inspection order (citatorio) is prepared which details what will be inspected and for what reasons. It will cite all the legal ordinances that are basis of the inspection. The notification is made and 24 hours later the inspection takes place.

IF THERE IS COMPLIANCE  If compliance is found, then the inspection is resolved and archived.

IF NON COMPLIANCE Is found - then an official notification is made of the initiation of the Administrative Procedure. The Party in violation has 5 days to respond with any clarification and evidence. After 3 day and all evidence is examined a resolution is made. The resolution can resolve the procedure by absolving the party inspected (matter is archived), or issue a resolution with  corrective measures and fines. The recourses to the Resolution are the following: 

RECOURSE OF REVIEW

The violator requests the review of the inspection and the acts of the authority (PROFEPA) and review whether the actions follow the law and that the process was correct.

REQUEST FOR RECONSIDERATION

Request the revocation or modification after compliance with the corrective measures made to correct the irregularities detected in the inspection.

REQUEST FOR COMMUTATION

The violations are corrected and the environmental irregularities are corrected by making investments that are directed towards the protection of the environment instead of paying the fine imposed.

AGREEMENTS FOR RESTORATION OR COMPENSATION OF DAMAGES

Assure the restoration and/or compensation of the damages caused by the activities of the violator, through the implementation of actions that restore or reestablish the ecosystems, obtaining greater benefits for the environment and natural resources.

JUICIO DE NULIDAD  - NULLIFICATION PROCEDURE

You make an argument that the process was illegal   arguing that there was some procedural act or illegal act or violation of constitutional rights. If the (Tribunal Federal de Justicia Fiscal y Administrativa) Federal Court of Fiscal and Administrative Justice agree, the inspection and findings are null. You can be inspected again, but if you are diligent, there will no longer be violations.

JUICIO DE AMPARO CONSTITUTIONAL PROTECTION - Once there is a final resolution and all other recourses are exhausted if there have been violations of constitutional guarantees, defects in any part of the process, notification, or unconstitutional acts of the authority, the Offended party sues the authority (PROFEPA) and argues before a Federal District Court (Juzgado del Distrito). If the amparo proceeds, the process will revert back to the step in the procedure where the violation occurred, for example, if the Offended party was not notified according to the Law, then the procedure will return to that step and notification will be carried out and the procedure will continue from that point.

(for more information about Amparo - go to www.intramex.net  - These are some of my notes on Amparo with a diagram, sorry but I haven't done this in English yet)