Approved Decree 82/2022, of May 17, which regulates the OMIC Municipal Consumer Information Offices.
The standard includes the processing of complaint and claim forms by the OMIC (municipal consumer information offices) and territorial Health delegations. So much so that the regulations repeal the decree approved three years ago on this matter, along with all this, express mention is made of the OMIC instead of the expression "Public Consumer Services", it is eliminated having to go directly to a Consumer Arbitration Board (JAC) without being previously advised in an OMIC, something that, although it streamlined the arbitration process, previously meant that the consumer went without being adequately advised on the consumer arbitration procedure.
He consumer arbitration as an alternative means of conflict resolution, with legal scope of “res judicata” if it comes to fruition (issuance of arbitration award), it is a legal tool available to final consumers at the municipal, provincial, regional and national level that is used with little or no knowledge of it on the part of the of consumers.
On the other hand, through the new decree, the processing of complaints and claims forms by the OMIC and delegations is simplified. territorial health and Families, eliminating complex or unnecessary procedures, reports and resolutions for the aforementioned procedure of consumer mediation, arbitration and management of complaints and claims forms.
As a peculiar note, the obligation to notify the claimant is eliminated if the processing of the procedure has not been completed within three months; the mentions of resolutions of inadmissibility being replaced by the file of actions; the derogatory and indeterminate expressions in the causes of inadmissibility and the mentions of administrative resources against the resolutions of Inadmissibility and archiving, giving a new, more agile procedural push for the consumer and therefore managed.
With all this, the possibility of make requests to companies and the conversion of the legal, mandatory and non-binding report into a technical, optional and non-binding report for consumer mediation processes is established.
Decree 82/2022, of May 17, establishes the mediation work of the OMIC and the territorial delegations of Health and Families, giving rise to the possibility of mediating the conflict, even if it refers to a matter for which there is a competent sectoral public body, (Example: SETSI, AESA, Banking client portal complaints before the Bank from Spain etc.)
The form for complaints and claims forms becomes simpler, giving the possibility of incorporating annexed sheets (although this was already provided for prior to said decree); expanding the space for the description of the facts and eliminating the obligation to sign the complaints and claims form to present it to a company.
Important is the change by which Decree 82/2022, of May 17, establishes the obligation for companies to have both complaint and claim forms in paper and electronic format., although a flexible transitional margin is foreseen that allows you to register on the existing platform comfortably. For this, the system of QR codes on posters announcing the availability of complaints and claims forms, which will allow each company to have a personalized poster, which can be downloaded free of charge from the web, and will allow consumers to scan it to submit an electronic claim in a simple and immediate way.
The new regulations arise from the participation of the municipalities of Andalusia, whose Municipal Consumer Information Offices have made contributions that have been incorporated into the text of the decree. Likewise, the Council of Consumers and Users of Andalusia has been given a hearing, in accordance with Decree 58/2006, of March 14, which regulates the Council of Consumers and Users of Andalusia.
Excellent article!