Exp. Step No.

1835-2015
Summary: I submit a request for the application of
Positive Administrative Silence - Law No. 29060, in
the process of granting an Operating License and I
attach an Affidavit.

Mayor of the Municipality of Carabayllo.

CPC Rafael Álvarez Espinoza

JUAN MANUEL VARGAS MUÑOZ, identified by National

Identity Card No. 16082015, with real address at Avenida
Tupac Amaru s/n, Km 20, mz. J Lot 20 P.J. El Progreso, for
the purposes hereof, to you I say:

That, on June 10, 2015, I filed an application for the granting of an Operating License at
the Municipal Office of the Municipality of Carabayllo, complying with the requirements of
the TUPA of the Municipality and paying the respective fee (procedure 74.A.3, opening of
a restaurant and/or soda fountain, term: 15 days).

It is the case that to date, having exceeded the deadline established in the TUPA, no
official in charge of Civil Defense and/or Licenses has made any pronouncement or issued
a response, thus harming the economic activity that I intend to carry out in this district,
which entails the loss in the payment of rent for the premises and basic services of
electricity and water, among other property losses.

In this regard, I am writing to your Office to request the application of the Positive
Administrative Silence, and to this effect I attach the sworn statement established by
Law No. 29060, Administrative Silence Law.

2.- Previously, the General Administrative Procedure Law stated that all procedures
followed in any public entity must be resolved within a maximum period of 30 days. If the
official did not resolve the matter within that time, then the person should assume that his
request had been denied and therefore he had to appeal this fictitious decision. However,
in conformity with Law No. 29060, Law of Administrative Silence, currently establishes that

1
prior evaluation procedures are subject to positive silence in the case of applications
whose estimation enables the development of economic activities that require prior
authorization from the State; therefore, the administrative procedures will be considered
automatically approved, if upon expiration of the established or maximum term, the entity
has not issued the corresponding pronouncement (Articles 1 and 2 of Law No.
29060).Therefore, the administrative procedures will be considered automatically
approved, if upon expiration of the established or maximum term, the entity has not issued
the corresponding pronouncement (Articles 1 and 2 of Law No. 29060, Law of
Administrative Silence). 29060).

Likewise, I must emphasize that any public official and public servant who unjustifiably
refuses to recognize the effectiveness of the positive administrative silence (False
Approval Resolution), will incur in an administrative offense and may be subject to
administrative, civil and criminal penalties.

4.- Legal grounds: I base my request on the provisions of:

- Law No. 29060, Ley del Silencio Administrativo (Administrative Silence Law): art. 1,
2, 3.
- Law No. 27444, General Administrative Procedure Law: art. 188.
- Law No. 28976, Framework Law on Operating Licenses.
- TUPA of the District Municipality of Carabayllo.
- D. S. No. 079-2007-PCM, Guidelines for the preparation and approval of TUPAS
and establish provisions for compliance with the Administrative Silence Law.

5.- Finally, I must point out that the charge of reception of the attached Affidavit will
constitute sufficient proof of the fictitious approval resolution of the process of Granting of
an Operating License, as established in art. 3° of Law No. 29060.

6.- ANNEXES.

 Copy of ID card
 Copy of Affidavit
 Copy of the document filed at the MDC's office

THEREFORE, please process in accordance with the law.

Carabayllo, August 14, 2015.