(Evening Version)
OFFICIAL GAZETTE
Monday, May 04, 2015
Article 41. The Institute, in addition to that stated in the Federal Act and the following article, shall have the
following powers:
I.
Interpret, within the scope of its powers, this Act;
II.
Hear and decide on the motions for review brought by individuals against decisions of the regulated
entities at the federal level in terms of the provisions of Chapter I of Title VIII of this Act;
III.
Hear and resolve the appeals for reconsideration brought by individuals, against the resolutions
issued by the Guarantor Agencies of the States that determine the reserve, confidentiality, lack or
refusal of information in terms of the provisions of Chapter II, Title VIII of this Act;
IV.
Hear and decide on its own motion or at the request of the Guarantor Agencies of the States the
motions for review which, due to their interest or importance, so warrant, in terms of the provisions
of Chapter III of Title VIII of this Act;
V.
Lead and coordinate the National Transparency System;
VI.
File, when approved b the majority of the Commissioners, unconstitutionality actions against federal,
state and Federal District laws, as well as international treaties signed by the Federal Executive
Branch and approved by the Senate, which violate the right of access to information.
VII.
Promote, when approved by the majority of the Commissioners, the constitutional controversies in
terms of Article 105, section I, paragraph l) of the Constitution of the United Mexican States;
VIII.
Establish and implement enforcement measures and penalties, as applicable, in accordance with
the provisions of this Act;
IX.
Sign cooperation agreements with Guarantor Agencies of the States or regulated entities, in order
to monitor compliance with this Act and promote best practices in the field;
X.
Prepare and submit an annual report of activities and the overall assessment in terms of access to
public information in the country, as well as the exercise of his performance and submit it to the
Senate, in the second half of January, and make it public, and
XI.
The other powers conferred by this Act and other provisions in the matter.
Article 42. Guarantor Agencies will have, within its jurisdiction, the following powers:
I.
Interpreting the legal systems that apply to them and that derived from this Act and the Constitution
of the United Mexican States;
II.
Hear and decide on the motions for review brought by individuals against decisions of the regulated
entities at the federal level in terms of the provisions of Chapter I of Title VIII of this Act;
III.
Impose enforcement measures to ensure compliance with its determinations;
IV.
Submit grounded request to the Institute for it to know about the motions for review that due to their
interest and significance so warrant;
V.
Promote and disseminate the right of access to information;
VI.
Promote a culture of transparency in the education system;
VII.
Train Public Servants and provide technical support to the regulated entities on transparency and
access to information;
VIII.
Establish proactive transparency policies addressing the economic, social and cultural conditions;
IX.
Sign agreements with regulated entities that promote the publication of information within the
framework of proactive transparency policies;
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