Tourism has notified the initiation of a sanctioning proceeding without locating the interested party

The Directorate of Tourism and Hospitality of the Department of Tourism, Trade and Consumption of the Basque Government has notified an official act regarding a sanctioning procedure in the field of tourism via an official announcement, as direct notification to the interested party could not be achieved. The announcement was published in issue number 183 of the Boletín Oficial del País Vasco on September 24, 2026, and carries the reference 2026/4005. The document was signed by Clara Navas Romano, Director of Tourism and Hospitality, in Vitoria-Gasteiz on September 10, 2026.

The Administration used the announcement as notification could not be made

The notification was not a voluntary choice. According to the text itself, an attempt was made to notify the interested party directly but without result, and therefore the announcement was published. The basis for this is Article 44 of Ley 39/2015, de 1 de octubre, del Procedimiento Administrativo Común de las Administraciones Públicas, which provides for notification by announcement when the notification cannot be delivered to the interested party.

The processing of sanctioning files in the field of tourism corresponds to the Directorate of Tourism and Hospitality, according to the organic structure of the Department of Tourism, Trade and Consumption. The functions of that Department are specified by Decreto 38/2025, de 11 de febrero, which establishes the powers corresponding to each directorate.

Identification of the interested party and file reference

The annex of the announcement contains the data of the interested party, but does not provide a name; identification is made solely through document numbers:

• Identification number 44144307Q (DNI/NIF/NIE/passport).
• File reference 000799/2025/1048301.

The structure of the annex itself shows that this type of notification is common in procedures related to tourism and consumption, and that the identity of the interested party remains protected in the public publication.

Where to consult the file

The interested party may obtain the full text of the document, examine the file, and obtain copies of the documents therein at several offices:

• Directorate of Tourism and Hospitality, Donostia-San Sebastián street 1, 8th floor (Lakua I), Vitoria-Gasteiz.
• Territorial Delegation of Bizkaia, General Concha street 23, Bilbao.
• Territorial Delegation of Gipuzkoa, Easo street 10, Donostia.
• Territorial Delegation of Álava, Samaniego street 2, Vitoria-Gasteiz.

Additionally, the content can be consulted in the electronic office called «Mi carpeta», on the public administration website of the Basque Government.

When the notification takes effect

The announcement states that the notification will take effect from the day following the publication. The text, however, mentions the Boletín Oficial del Estado, and not the Boletín Oficial del País Vasco; this mention has been recorded as it appears in the text of the official gazette itself.

Background

The Directorate of Tourism and Hospitality has published similar announcements in recent weeks. On September 10, for example, it released announcement reference 2026/3850, which communicated the period for submitting allegations, and on August 24, reference 2026/3682, regarding a housing unit for tourist use. In those cases, Article 44 of Ley 39/2015 was also cited as the basis.

The official notification of the progress of a sanctioning procedure is essential for the procedure to move forward and for the interested party to be able to exercise their right to defense. Notification by announcement, therefore, does not stop the procedure, but the period for the interested party begins the day after the publication, and this has direct consequences regarding the fulfillment of deadlines.

Fuente: Official Gazette of the Basque Country, number 183, September 24, 2026, Announcements – Other official announcements (official reference: 2026/4005).