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FEDERAL CONSUMER PROTECTION LAW - page 31 / 38

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ARTICLE 110.- The authorized covenants and the awards issued by the Agency shall be rendered as matters finally adjudged and ready for execution, which may be brought with the competent courts by way of an enforcement procedure or a summary proceeding, at the option of the interested party.

The authorized covenants and the admissions of both suppliers and consumers of obligations under their care, as well as the offer to perform them, having been reduced to writing, and filed with the Agency, and accepted by the other party, may be made effective through the enforcement measures set forth in this Law.

Even though no claim has been submitted, the Agency shall be empowered to approve any covenants proposed by both consumer and supplier, prior their ratification.

Second Section

Settlement Procedure

ARTICLE 111.- The Agency shall fix the date and hour to hold a settlement hearing in order to mediate the interest of the parties, said hearing shall take place at least four days after the date when the claim has been notified to the supplier.

The settlement may be made by phone or by other proper means, in which case the Agency or the parties can request that the commitments assumed be ratified in written.

ARTICLE 112.- In case the supplier does not appear at the hearing, or does not render the report related to the facts, an enforcement measure shall be imposed and the supplier shall be summoned to a second hearing within a term not to exceed 10 days; if the supplier does not appear to this hearing, a new enforcement measure shall be imposed, and the assertions of the claimant shall be deemed as allegedly true.

In case the claimant does not appear at the settlement hearing and does not file within the following ten days a legally unquestionable justification for such absence, the claim shall be deemed as dismissed, and the claimant may not be able to file another claim with the Agency with regards to the same facts.

ARTICLE 113.- Prior acknowledgment of the legal capacity and the contractual relationship between the parties, the mediator shall submit to the parties a brief of the claim and the report submitted, indicating the common elements and the matters under dispute, and shall urge them to reach a settlement. Without prejudging the dispute, the mediator shall submit one or several options to solve the same, safeguarding the rights of the consumer.

With respect to goods or services rendered or supplied from time to time, such as electric power, gas or telecommunication services, the mere initiation of the settlement procedure shall suspend any authority of the supplier to unilaterally interrupt or suspend the performance of its obligations as long as such procedure concludes.

ARTICLE 114.- At all times, the mediator may request from the parties to furnish any evidentiary elements deemed advisable to settle the dispute and exercise the authorities conferred upon the Agency by this Law. Likewise, the mediator may agree to conduct any procedure, which allows proving the facts that constitute the claim. The parties may furnish the evidence they deem advisable to prove both the elements of the claim and the report.

The mediator may adjourn the settlement hearing up to three times whenever he deems advisable, or at the request of both parties. Likewise, the mediator may request that a ruling be issued, through which the contractual obligation is quantified in a certain amount.

If the hearing is adjourned, the mediator shall set a date and hour to carry it on within the following fifteen days and, if applicable, the mediator shall inform the parties of the relevant ruling so that the parties may make any observations to this opinion during the hearing.

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