Act on Administrative Fees

1. Administrative Fees, Usage Fees

The administrative authorities of the canton and municipalities levy fees for activities they undertake in the performance of their duties, as well as for the issuance of permits or concessions and for the use of public facilities, according to the assessment principles outlined in §§ 2 and 3.

2. Legal Remedy Fees, Office Fees

Fees for legal remedies and appeals in administrative procedures, as well as office and clerical fees, are specifically regulated by this law.

3. Subsidiary Applicability

These provisions apply only insofar as relevant laws do not explicitly establish other regulations.

1. The amount of the fee is generally determined based on the administrative effort.

2. The administrative effort is to be calculated according to the principle of full cost coverage.

1. The amount of fees calculated according to the cost recovery principle must be increased or reduced as necessary, taking into account the interest and benefit of the fee payer as well as the public interest in the administrative action.

2. If an administrative action is predominantly in the public interest, the collection of a fee may be waived.

1. The fee schedules or tariffs shall be established by the government council or the highest executive authorities of the municipalities by way of ordinance, in accordance with the principles of Sections 2 and 3.

1. Office, typing, and copying fees are charged according to a tariff. Office fees may not exceed CHF 75. Typing and copying fees are to be assessed per page.

2. The Executive Council or the highest executive authorities of the municipalities issue the necessary instructions.

1. In administrative appeal proceedings, the appellant or the third party who initiated the proceedings may be charged the official costs in the event of a complete or partial loss of their position, consisting of

a) a decision fee,

b) expenses for expert opinions, on-site inspections, evidence gathering, and other measures,

1. The complainant or involved party who is partially or fully successful and has incurred legal fees may be awarded reasonable party compensation, unless it is an obvious trivial matter.

2. The party compensation may be fully or partially imposed on the unsuccessful complainant or the unsuccessful involved party, provided that they acted frivolously.

1. Decision fees shall be established by the government council by ordinance in accordance with the principles of §§ 2 and 3. In doing so, the interest of the appellant in utilizing administrative legal remedies at moderate rates shall be preserved.

2. When assessing party compensation, the time involved and the complexity of the case, its significance for the parties involved, as well as the financial circumstances of those involved, must be taken into account.

1. If the appellant maliciously or obviously negligently initiates administrative actions or complicates them through frivolous behavior, a surcharge of up to 100% may be imposed in addition to the regular fee.

2. The same applies if the value of the dispute or the scope of the matter justifies it, or if substantial financial interests are at stake.

1. For important reasons, a fee may be waived in whole or in part if its collection constitutes a particular hardship.

1. Applicants whose financial circumstances do not allow them to cover the procedural costs, including any attorney fees, either fully or partially, shall be granted legal aid upon request. The specific conditions are regulated by the government council through an ordinance.

1. If the professional or competency examination, for which a fee was charged, is not passed, a reasonable portion of the examination fee shall be refunded.

1. The cantonal public-law corporations and institutions generally do not pay fees.

1. The obligation to pay the prescribed fee lies with the person who instigates the official act, receives the approval or concession, or uses the public facility.

2. Multiple fee debtors are jointly liable for the fee.

1. The fee is generally due upon the completion of the official act, the granting or renewal of the permit or concession, the use of a public facility, and the entry into force of the decision in the administrative appeal procedure.

2. The person who initiates the official act or the administrative appeal procedure may, in special cases, be required to provide an advance on costs.

1. Determinations of fees and decisions regarding legal aid can be appealed in accordance with the provisions of the Organizational Law and the Administrative Procedure Act.

2. If an appeal is lodged against the official act subject to fees, the determination of the fee can be contested in the same procedure.

1. This law repeals the Act on Administrative Fees of March 31, 1921.

2. For existing fee regulations, the new law takes the place of the repealed law.