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Administrative Sanctions Law

Administrative penalty law attorney to respond with evidence, deadline, and strategy.

Cafore Abogados supports companies, contractors, public officials, professionals, and individuals when an authority opens an investigation, files charges, imposes a fine, or demands a technical response under strict deadlines.

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A direct answer

What Cafore does in administrative penalty law.

An administrative penalty law attorney reviews the authority's jurisdiction, the facts, the evidence, the deadline, and the proportionality of the measure. At Cafore, the defense is organized to respond without increasing the risk.

Published legal commentary and media presence.

El Tiempo Week Portfolio Media | Cafore Abogados. Press articles, interviews and media coverage of our firm. Legal Sphere Infobae
Cafore Abogados S. A. S. Bogotá, Colombia Administrative penalty law with a focus on strategy, evidence, and decision About Us Team
01Pinpoint the problemFacts, urgency, and objective. 02Review the foundationDocuments, evidence, and connected risks. 03Pinpoint the litigationProceedings, actions, offenses, or authorities. 04Resolve doubtsQuestions grouped by moment and decision.

When it makes sense

Consult us when an authority has requested explanations, opened an investigation, or imposed a penalty that may affect assets, contracts, reputation, or a license.

An early review makes it possible to organize the facts, gauge the urgency, and avoid responses, signatures, or communications that could later weaken your legal position.

Common situation

Information request or inspection.

A communication from an authority has arrived and it is unclear what to provide, who responds, or what deadline is running.

Common situation

Statement of charges or investigation.

The authority has already set out the facts, and the response must marshal evidence, defenses, and arguments.

Common situation

Penalty or fine.

Appeals, nullity grounds, proportionality, and the economic or reputational impact need to be assessed.

Quick assessment

Choose the starting point. The response changes according to the risk, the evidence, and the deadline.

Authority: what is best to organize first.

A communication from an authority has arrived and it is unclear what to provide, who responds, or what deadline is running. The initial review makes it possible to separate urgency, evidence, and decision so that the next step is better supported.

Signs
  • Information request or inspection
  • Defense against penalties and fines
  • Contracts, data, consumer, labor, tax, corporate, and public reputation
Documents
  • Communication, order, statement of charges, administrative act, or notification
  • Case file, evidence, inspections, information requests, and annexes
  • Contracts, reports, internal policies, and communications
Route
  • Assess deadline and jurisdiction
  • Prepare defense briefs with evidence
  • File an appeal or judicial action where applicable

Documents, risks, and decisions

Risks, documents, and decisions worth organizing.

Each path links the main problem to the available evidence, the deadlines, and the consequences that may change the strategy.

01

Main risk

What typically prompts an administrative penalty law consultation.

01
Defense against penalties and finesCentral aspect

Defense against penalties and fines requires locating the facts, those responsible, the deadlines, and the concrete consequences. In administrative penalty law, that first reading determines whether it is best to prevent, negotiate, claim, or prepare a formal action.

  • Facts that must be confirmed.
  • Evidence available and missing.
  • Practical consequence of acting or waiting.
02
Disciplinary proceedingsRisk that changes the strategy

Disciplinary proceedings require locating the facts, those responsible, the deadlines, and the concrete consequences. In administrative penalty law, that first reading determines whether it is best to prevent, negotiate, claim, or prepare a formal action.

  • Facts that must be confirmed.
  • Evidence available and missing.
  • Practical consequence of acting or waiting.
03
Government contractingRisk that changes the strategy

Public procurement requires identifying facts, responsible parties, deadlines and concrete consequences. In administrative sanctioning law, that first reading determines whether it is advisable to prevent, negotiate, claim or prepare a formal proceeding.

  • Facts that must be confirmed.
  • Evidence available and missing.
  • Practical consequence of acting or waiting.
04
Preventive regulatory complianceRisk that changes the strategy

Preventive regulatory compliance requires identifying facts, responsible parties, deadlines and concrete consequences. In administrative sanctioning law, that first reading determines whether it is advisable to prevent, negotiate, claim or prepare a formal proceeding.

  • Facts that must be confirmed.
  • Evidence available and missing.
  • Practical consequence of acting or waiting.
02

Evidence and documents

The documentary basis that allows decisions with less noise.

01
Communication, order, statement of charges, administrative act, or notificationKey supporting document

A communication, order, statement of objections, administrative act or notification helps reconstruct the timeline, confirm what can be proven and detect gaps before responding to, signing or escalating the dispute.

  • Source document and date.
  • Connection to the fact to be proven.
  • A safe way to request, preserve, or supplement the supporting document.
02
Case file, evidence, inspections, information requests, and annexesDocument that organizes the evidence

The case file, evidence, on-site inspections, requests for information and annexes help reconstruct the timeline, confirm what can be proven and detect gaps before responding to, signing or escalating the dispute.

  • Source document and date.
  • Connection to the fact to be proven.
  • A safe way to request, preserve, or supplement the supporting document.
03
Contracts, reports, internal policies, and communicationsDocument that organizes the evidence

Contracts, reports, internal policies and communications help reconstruct the timeline, confirm what can be proven and detect gaps before responding to, signing or escalating the dispute.

  • Source document and date.
  • Connection to the fact to be proven.
  • A safe way to request, preserve, or supplement the supporting document.
04
Record of prior responses, appeals, or penaltiesDocument that organizes the evidence

A record of prior responses, appeals or sanctions helps reconstruct the timeline, confirm what can be proven and detect gaps before responding to, signing or escalating the dispute.

  • Source document and date.
  • Connection to the fact to be proven.
  • A safe way to request, preserve, or supplement the supporting document.
03

Course of action

Options to correct, negotiate, claim, defend, or sue.

01
Assess deadline and jurisdictionPossible decision

Measuring deadline and jurisdiction is assessed according to urgency, available evidence, cost, opposing party and expected legal effect. The right path is not always the most aggressive one; it must be the most sustainable.

  • Deadline and authority or opposing party.
  • The risk of negotiating, responding, or suing.
  • The specific outcome being sought.
02
Prepare defense briefs with evidenceA path that must be measured with care

Preparing a defense brief with evidence is assessed according to urgency, available evidence, cost, opposing party and expected legal effect. The right path is not always the most aggressive one; it must be the most sustainable.

  • Deadline and authority or opposing party.
  • The risk of negotiating, responding, or suing.
  • The specific outcome being sought.
03
File an appeal or judicial action where applicableA path that must be measured with care

Filing an appeal or judicial action where appropriate is assessed according to urgency, available evidence, cost, opposing party and expected legal effect. The right path is not always the most aggressive one; it must be the most sustainable.

  • Deadline and authority or opposing party.
  • The risk of negotiating, responding, or suing.
  • The specific outcome being sought.
04
Correct internal controls to prevent recurrenceA path that must be measured with care

Correcting internal controls to prevent recurrence is assessed according to urgency, available evidence, cost, opposing party and expected legal effect. The right path is not always the most aggressive one; it must be the most sustainable.

  • Deadline and authority or opposing party.
  • The risk of negotiating, responding, or suing.
  • The specific outcome being sought.
04

Connected risks

Matters from other practice areas that may change the strategy.

01
Contracts, data, consumer, labor, tax, corporate, and public reputationRelated risk

Contracts, data protection, consumer, labor, tax, corporate and public reputation may alter the main analysis because it connects administrative sanctioning law with other legal, financial, family, business or reputational risks.

  • Connected area and reason for the overlap.
  • Financial, operational or reputational impact.
  • Coordination needed before the next step.
02
Defense against penalties and finesA front that may broaden the case

Defense against sanctions and fines may alter the main analysis because it connects administrative sanctioning law with other legal, financial, family, business or reputational risks.

  • Connected area and reason for the overlap.
  • Financial, operational or reputational impact.
  • Coordination needed before the next step.
03
Disciplinary proceedingsA front that may broaden the case

Disciplinary proceedings may alter the main analysis because it connects administrative sanctioning law with other legal, financial, family, business or reputational risks.

  • Connected area and reason for the overlap.
  • Financial, operational or reputational impact.
  • Coordination needed before the next step.
04
Communication, order, statement of charges, administrative act, or notificationA front that may broaden the case

A communication, order, statement of objections, administrative act or notification may alter the main analysis because it connects administrative sanctioning law with other legal, financial, family, business or reputational risks.

  • Connected area and reason for the overlap.
  • Financial, operational or reputational impact.
  • Coordination needed before the next step.

Sanctioning defense

Investigations, defense briefs, appeals and proceedings against administrative acts.

In sanctioning matters, what counts is the competent authority, the notification, the deadline, the case file and the proportionality of the sanction. The defense is built before responding.

Review a dispute

Administrative proceedings

  • Information requests
  • Administrative inspections
  • Opening of investigation
  • Statement of charges
  • Defense briefs
  • Evidence
  • Closing arguments
  • Sanctioning decision

Authorities and sectors

  • SIC
  • SuperSociedades
  • UGPP
  • Ministry of Labor
  • SuperTransporte
  • Invima
  • Environmental authorities
  • Territorial authorities

Appeals and administrative litigation

  • Motion for reconsideration
  • Appeal
  • Reconsideration
  • Direct revocation
  • Annulment and restoration of rights
  • Interim measures
  • Due Process

Risks we review

  • Jurisdiction of the authority
  • Statute of limitations
  • Notification
  • Typicity (legal definition)
  • Culpability
  • Proportionality
  • Graduated severity of the sanction

Decision point

If you already recognize the main risk, we can review documents and define the next move.

Talk to Cafore

Before you write to us

Five documents for a first review.

Not all of them are required, but they help orient the consultation from the outset.

0 of 5 ready

The Cafore Method

A clear process to move from the problem to a course of action.

The review is not limited to citing rules. It seeks to identify what can be proven, what must be corrected and which decision is best to carry out.

1

Context

We understand the decision, dispute or document that prompted the consultation.

2

Documents

We request only what is needed to assess the case and prioritize the documents that can change the strategy.

3

Map

We separate urgency, risk, possible correction, and the negotiation or litigation scenario.

4

Execution

We prepare documents, responses or actions according to the chosen path.

Possible deliverables

What can be ready after the review.

The outcome depends on the case, but the consultation should result in concrete deliverables, not a loose opinion.

Route

An opinion on the course of action and priorities.

A clear map of urgency, documents, risks and alternatives to decide with less noise.

Documents

Response, contract, minutes, appeal or supporting document.

The review may conclude in legal instruments ready for signing, filing, negotiation or proceedings.

Estrategia

Negotiation, defense or legal action.

If the matter has already escalated, we define the path to talk, respond, claim, or defend.

Scope of the service

Topics we review in administrative sanctioning law.

These are the points that usually shape the strategy before responding, signing, negotiating, suing, or defending. The review starts from concrete facts and documents in order to choose a prudent path.

01

Situations we can review.

Common matters that are best read alongside documents, timelines, and real consequences.

Investigations and sanctions

Information requests, statements of charges, inspections, fines, defense briefs and decisions by administrative authorities.

Public procurement

Contractual risks, breaches, fines, forfeiture, liquidation and defense against public entities.

Disciplinary proceedings

Facts under investigation, jurisdiction, evidence, defense briefs and appeals.

Preventive compliance

Protocols, supporting documentation, internal responses and correction of practices that may give rise to sanctions.

02

Documents worth preparing.

Not all are needed from day one, but they help organize the consultation.

  • An order, communication, statement of objections, request for information or administrative act.
  • Case file, evidence, inspections, attachments and prior responses.
  • Contracts, reports, internal policies and communications.
  • Timeline of notifications, deadlines, appeals or prior sanctions.
03

Possible paths after the review.

The strategy depends on the evidence, deadline, opposing party, authority and objective.

  • Measure deadlines and jurisdiction before responding.
  • Prepare defense briefs, evidence, appeals or a lawsuit if warranted.
  • Correcting internal controls to prevent recurrence of the risk.
04

Frequently asked questions about this service.

Initial responses to understand scope, documents and possible paths.

01What does a lawyer specializing in administrative sanctions law do?

A lawyer specializing in administrative sanctions law defends individuals and companies against sanctions and investigations imposed by State entities. At Cafore Abogados we provide representation against sanctions imposed unjustly or disproportionately, whether by the Superintendency of Industry and Commerce, the Superintendency of Companies, the DIAN in its sanctioning role, the SIC in consumer protection, Invima, the ICA, health authorities, municipal sanitary authorities and other entities with sanctioning powers. We handle cases relating to hotels and restaurants, food companies, consumer protection and many other regulated sectors.

02What should I do if I receive a resolution opening an administrative investigation?

In the face of an administrative act opening an investigation, the deadline to respond is peremptory and errors in that first response condition the entire defense. At Cafore Abogados we accompany the investigated party from the initial response through to hearings and administrative appeals. We meticulously analyze the applicable regulations and administrative procedures to design solid strategies. The proceeding is governed by the Code of Administrative Procedure and Administrative Litigation (Law 1437 of 2011) and by the special sanctioning regime of each entity. Addressing the reply within the deadline, with relevant evidence and a technical legal argument, is the decisive moment to avoid the sanction.

03Can sanctions imposed by State entities be challenged?

Yes. Every administrative sanction may be challenged at the governmental level through reconsideration and appeal remedies, and subsequently before the administrative litigation jurisdiction through the action for annulment and restoration of rights (article 138 of Law 1437 of 2011). At Cafore Abogados we structure the appeal by identifying defects in due process, lack of reasoning, improper application of the law, false reasoning or disproportionality of the sanction. We accompany our clients from the initial response through to hearings and administrative appeals and, where appropriate, through to the claim before the competent administrative court.

04What does Cafore do in preventive advice to avoid administrative sanctions?

In addition to legal defense, we offer preventive services to minimize risks. We design regulatory compliance programs tailored to the regulated sector, review internal procedures, contracts and policies to align them with current regulations, and provide training and guidance on best practices for the protection of rights and regulatory compliance. This preventive practice is especially relevant in food companies, restaurants, hotels, healthcare, retail and sectors under heavy administrative scrutiny. Working on compliance before a visit or investigation significantly reduces the likelihood of a sanction and the amount when one is eventually imposed.

05Does Cafore Abogados serve food companies, hotels and restaurants?

Yes. We have specific practice in sectors with a heavy regulatory burden in sanitary, environmental and consumer protection matters: hotels and restaurants, food companies, distributors and delivery platforms. Investigations by Invima, local sanitary authorities, the SIC in consumer protection or environmental authorities present technical particularities that a generalist lawyer can hardly master. Our team is made up of four lawyers with a Professional Card issued by the Superior Council of the Judiciary — DEAJ, led by Dr. Fabio Castro Forero. We work from the Excélsior Building, Cra. 7 # 12B - 65, Of. 401, in Bogotá, with legal presence throughout the country.

Related reading

Useful readings before making a decision.

These guides expand on legal topics related to the service and help you prepare better for the consultation.

Personas estrechando manos sobre una mesa con documentos legalesCorporate Law

Key aspects of corporate law in Bogotá.

A guide for companies that need to organize contracts, governance, risks and growth with legal support.

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Comprehensive legal management of human talent.

How to organize contracts, dismissals, workplace regulations and labor risks within the company.

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The importance of a criminal defense lawyer in corporate law.

Why corporate criminal risk is key to preventing business crises and investigations.

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Before filing a complaint: a practical guide to filing a criminal complaint.

What to review before filing a complaint, how to organize the facts and what information the complaint requires.

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Commercial companies and contracts in Colombia.

How commercial companies are structured and what risks are worth reviewing before partnering or contracting.

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Frequently asked questions

Real questions to consider before consulting on administrative sanctions law.

The answers are general. The specific decision depends on the documents, evidence, timelines and circumstances of the case.

Before your consultation

When is it advisable to consult on administrative sanctions law?+
It is advisable to consult when an authority has requested explanations, opened an investigation or imposed a sanction that may affect assets, a contract, reputation or a license. The first review prevents acting on impulse and makes it possible to organize documents, timelines and risks.
Do I have to come with all the documents?+
No. It is better to come with what is available and a brief chronology. Afterward, whatever is needed is requested according to the route.
Does the consultation always end in a proceeding?+
No. Sometimes the best way out is to correct, negotiate or prepare a response. A proceeding is an option, not an automatic destination.
What makes an early review different?+
It makes it possible to preserve evidence, measure timelines and avoid communications or signatures that later weaken your position.

Evidence and supporting documents

What documents should I prepare?+
As a baseline: the communication, ruling, statement of charges, administrative act or notification; the case file, evidence, inspections, requests and exhibits; and contracts, reports, internal policies and communications. If something is missing, it is identified without forcing risky reconstructions.
Do emails, chats or screenshots work?+
They can help, but they must be organized by date, author, context and connection to the fact you want to prove.
What happens if the other party has the documents?+
We review how to request them, what indirect evidence exists and whether it is advisable to use formal requests, conciliation, inspection or procedural measures.
Should I send communications before consulting?+
If there is an urgent deadline, it may be necessary. But in sensitive cases it is advisable to review the message before leaving a written version.

Course of action

How is the course of action decided?+
We review the facts, documents, urgency, cost, evidence and objective. In this area, routes usually emerge such as measuring the deadline and jurisdiction, preparing a defense with evidence, and filing an appeal or judicial action where appropriate.
When is it advisable to negotiate?+
When there is a real margin for agreement, solid evidence and an outcome that is faster or less costly than litigation.
When is it advisable to escalate?+
When there is urgency, bad faith, a risk of losing evidence, deadlines running, or a refusal that no longer allows an informal solution.
Can I change strategy later?+
Yes. The strategy must be adjusted when new documents, responses from the other party or decisions by the authority emerge.

Costs, timelines and scope

How long does a first review take?+
It depends on the volume of documents and the urgency. The first conversation aims to define the scope and the relevant documents.
Does the advisory service include drafting documents?+
It may include them if the case requires it: notices, contracts, minutes, replies, appeals, lawsuits or agreements.
Can I consult even if I do not want to sue yet?+
Yes. In fact, many good outcomes begin before deciding whether to sue.
What if I want to study the topic before consulting?+
You may review the related readings to understand general concepts, but the specific decision must be made with the documents, deadlines and facts of the case.

Next step

Tell us what decision, dispute or document you need to review.

You don't have to arrive with everything organized. The first review serves to identify which documents matter and which legal path makes sense.

Schedule a consultation