Ordinance on the Administrative Procedure Act of Basel-Landschaft (Vo VwVG BL) - Scope of File Inspection (BL)

1. The Right of Access to the Procedural Files of Authorities within the Meaning of § 2 Paragraph 3 of the Administrative Procedure Act pertains to

a. Pending administrative procedures;

b. Concluded administrative procedures, provided that the access to files is intended for the issuance, amendment, or repeal of the order.

2. Access is granted to all files that serve as a basis for the authority's decision.

1. Where access to the files is denied for the protection of a party in certain documents or parts of documents, access to these documents or parts may be granted to the attorney of that party, with the condition that the attorney must not disclose the confidential facts to their client (undertaking).

1. The files may be inspected at the seat of the authority.

2. Notes, copies, or recordings on audio or video media may be made regarding the content of the files.

3. Photocopies of documents may be requested for a fee, provided that doing so does not create an unreasonable burden for the authority.

4. For a labor-intensive file inspection, a fee of up to CHF 300 may be charged.

1. Files open for inspection are issued to official offices and to the lawyer.

2. However, only photocopies of important documents shall be provided upon payment of a fee.

3. If files are not returned within the deadline or are misused, the government council may temporarily or permanently refuse to issue them in the future.

1. In pending proceedings before authorities, the leading procedural authority decides on the inspection and release of documents.

2. In concluded proceedings, the General Secretariat or the office appointed by it decides on the inspection and release of documents.

1. The decision fees are as follows

a. for a first-instance order: CHF 100-300;

b. for a decision pursuant to §§ 39-44 of the Administrative Procedure Act: CHF 100-500;

c. for an appeal decision: CHF 300-1,200.

2. In cases of manifestly inadmissible or manifestly unfounded complaints, decision fees of up to CHF 5,000 may be charged.

3. The range of decision fees can be reduced if

a. a procedure is discontinued;

b. a procedure is resolved by settlement;

c. the ordinary minimum fee is disproportionate.

1. A fee of CHF 100-1,000 may be charged for visual inspections.

2. The costs for expert reports, for extensive fact-finding investigations, as well as other cash expenses can be fully imposed on a party.

1. For the calculation of party compensation, the provisions of the Basel-Landschaft tariff regulations for attorneys apply mutatis mutandis. The calculation is based on time expenditure. Additional fees based on interest value are not granted. Unnecessary costs do not justify a claim for party compensation.

2. The attorney submits a detailed cost statement together with the reasoning for the complaint; otherwise, the complaint authority sets the party compensation ex officio and at its discretion.

3. For the complaint and objection procedure, a fee of CHF 220 per hour is generally granted.

1. The provisions pursuant to § 8 paragraphs 1 and 2 shall apply mutatis mutandis to the compensation for the gratuitous engagement of an attorney.

2. The request for exemption from procedural costs, costs of evidence measures, as well as party compensation, may be submitted to the adjudicating authority and to the authority responsible for the waiver of fees (§ 12a).

1. With the decision on the merits, the authority also decides on the costs.

2. In the case of discontinuance orders, the instructing authority decides on the procedural costs, the party compensation, or the compensation for the free assistance of an attorney.

1. The payment deadline for legally stipulated procedural costs is 30 days.

2. After the payment deadline has expired, a default interest rate of 5% will be charged.

1. The procedural authority collects the procedural costs and is responsible for their collection.

1. For the waiver of fees imposed by cantonal administrative authorities up to CHF 5,000, the respective directorate is responsible, while for the waiver of higher fees, the government council is competent.

1bis. Processing fees and expenses can be fully waived if both lack of assets and neediness as defined in § 23 para. 1 of the Administrative Procedure Act are present.

2. Deviating provisions in other decrees remain reserved.

1. The Finance and Church Directorate is responsible for the conduct of proceedings in complaints against

a. Decisions of municipal authorities, insofar as they do not fall within the substantive jurisdiction of another directorate;

b. Decisions of cantonal institutions and enterprises, as well as private individuals and private law organizations, that are assigned to the Finance and Church Directorate;

c. Decisions of other directorates and their offices, which concern the employment relationships of employees, with the exception of decisions on the immediate termination of employment relationships.

1. The Directorate of Economic and Health Affairs is responsible for the conduct of proceedings in cases of appeals against

a. Orders by municipal authorities that fall within the substantive jurisdiction of the Directorate of Economic and Health Affairs;

b. * Orders by cantonal institutions and enterprises, as well as private individuals and private law organizations, that are assigned to the Directorate of Economic and Health Affairs;

c. * Orders by the Directorate of Security and its departments.

1. The Directorate of Construction and Environmental Protection is responsible for conducting procedures concerning appeals against

a. Orders of municipal authorities that pertain to the substantive jurisdiction of the Directorate of Construction and Environmental Protection;

b. Orders from cantonal institutions and enterprises as well as private individuals and private-law organizations that fall under the Directorate of Construction and Environmental Protection.

1. The Security Directorate is responsible for conducting proceedings in appeals against

a. * Decisions of the Notary Commission;

b. * Decisions of municipal authorities that fall within the material jurisdiction of the Security Directorate;

c. * Decisions of cantonal institutions and enterprises as well as private individuals and private law organizations that are affiliated with the Security Directorate;

d. Decisions of other directorates and their departments;

e. Decisions of cantonal commissions that decide in place of a directorate;

f. Decisions of the State Chancellery.

1. The Department of Education, Culture, and Sports is responsible for conducting proceedings regarding complaints against

a. Decisions by municipal authorities that pertain to the substantive jurisdiction of the Department of Education, Culture, and Sports;

b. * Decisions by the school boards of municipal schools;

c. * Decisions by the administrations of cantonal schools in matters of personnel law and school expulsions;

d. * Decisions by the school boards of cantonal schools in matters related to individual students or learners, except for school expulsions;

e. * Decisions by examination committees for final apprenticeships exams, issued pursuant to vocational training legislation or personnel legislation.

1. The State Chancellery is responsible for conducting proceedings in cases of complaints concerning violations of political rights.

1. The conduct of proceedings is the responsibility of the Head of the Directorate.

1a. In exceptional cases, directorates may delegate the procedural instructions to the Legal Service of the Executive Council and the District Council.

2. The Head of the Directorate may delegate the instruction of appeals (§ 35 para. 1 lit. a-c and e Administrative Procedure Act) to the General Secretariat or another department of the directorate.

3. The Head of the Directorate of Economic and Health Affairs may delegate the instruction of appeals against decisions made by departments of the Security Directorate to the Legal Service of the Executive Council.

1. Where commissions act as appellate bodies (§ 29 paragraphs 4 and 5 of the Administrative Procedure Act), the conduct of the proceedings is the responsibility of the commission's presidium.

2. The commission's presidium may delegate the instruction of appeals to the secretariat.

1. In the case of appeals against directives from departments, the superior directorate is responsible for the issuance of a statement.

2. Appeals against personnel-related directives must also be submitted to the Personnel Office for a statement, unless the responsibility for the complaint instruction lies with them.

1. The procedural authority shall ensure the expeditious handling of complaints.

2. The treatment deadlines are stipulated in the individual service contracts.

1. The internal administrative appeal body is represented before higher instances by the directorate competent in substance.

1bis. The head of the directorate may delegate the representation to the general secretariat or another office within the directorate.

2. If the contested decision was wholly or partially amended in the internal administrative appeal procedure, the instance that initially instructed the appeal will represent the case.

3. Upon agreement, the instance which instructed the appeal in the internal administrative procedure may take over the representation before higher instances from the directorate competent in substance.

1. If the instance representing the appeal in proceedings before higher appeal instances adopts the decision of the government council's ruling, it communicates directly with the higher appeal instances. If it represents a differing request, communication must occur through the government council.

2. The acknowledgment of appeals and lawsuits, as well as settlements, require the approval of the government council.

3. For oral hearings, inspections, etc., the responsible person from the instructing instance or the relevant directorate is competent without special authorization, unless the government council appoints a special representative.

1. The State Chancellery submits the decisions of higher appeal instances at the next meeting of the Council of State.

2. After being acknowledged by the Council of State, the State Chancellery forwards the files to the competent directorate.

1. The competent directorate oversees the execution of orders and judgments. It submits the execution request to the Department of Security.

2. The Department of Security is the enforcement authority. It may seek technical consultation from the competent directorate for the execution procedure.

3. The following are responsible for issuing certificates of legal effectiveness for the execution of orders from administrative authorities and judgments from administrative judicial authorities

a. the competent directorate or, on its behalf, the office that issued the order, if the legal effectiveness is to be certified for a Basel-Landschaft authority;

b. the appeals authority where the permissible appeal was to be filed, if the legal effectiveness is to be certified for an authority outside of the canton.

1. The competent authority determines whether the underlying order is enforceable within the meaning of § 45 paragraph 1 of the Administrative Procedures Act.

2. The authority sets an appropriate deadline for the obligated person to restore the lawful condition, provided this has not already been dealt with in the underlying order. In the event of default, it warns the obligated person of compulsory enforcement, referencing Article 292 of the Swiss Criminal Code.

3. After the deadline expires without result, the competent authority forwards the records along with the enforcement request to the Directorate of Security.

1. The Security Directorate summons the obligated person for a hearing and explains the modalities of the execution. The underlying order, the enforceability of which has been determined by the competent directorate, is binding for the Security Directorate.

2. If the obligated person demonstrates understanding, the Security Directorate may grant a final, non-extendable deadline for the voluntary restoration of the lawful condition. In this case, a charge pursuant to Art. 292 of the Swiss Criminal Code can be omitted.

1. If the obligated person refuses or neglects to use the final deadline, the Department of Security issues the enforcement order.

2. The Department of Security has the following means of coercion at its disposal

a. substitute performance by the department with subject-matter jurisdiction or by an appointed third party at the expense of the obligated person;

b. direct coercion against the obligated person or their property;

c. prosecution, insofar as a law prescribes a penalty;

d. prosecution for disobedience under Article 292 of the Swiss Criminal Code.

3. The Department of Security uses the means of coercion that is appropriate to the circumstances.

1. The appeal is submitted to the Directorate of Security and the competent directorate for their statement.

1. The competent authority determines the enforcement costs against the liable person and collects them.

2. If the enforcement costs are not recoverable, the competent authority bears them.

1. The following are repealed

a. the Ordinance on the Access to and Issuance of Files dated March 27, 1990;

b. the Ordinance on the Costs of Administrative Proceedings dated March 27, 1990;

c. the Ordinance on the Execution of Orders dated March 27, 1990;

d. the Ordinance on the Procedural Authorities in Appeal Proceedings dated January 17, 1989;

e. the Ordinance on the Delegation of Decision-Making Powers in Appeal Proceedings dated January 17, 1989;

f. the Government Council Resolution on the Handling of Administrative Court Appeals and Complaints dated September 20, 1960.

1. This Regulation shall enter into force on January 1, 2005.