Act on Administrative Justice (VRG) (VRG)

1. Public Entities within the Meaning of this Law are

a. the Canton;

b. the Municipalities;

c. the National Churches;

d. * the financially capable administrative units of the Canton, the Municipalities, and the National Churches, such as institutions with legal personality, corporations, municipal and purpose associations, and other public law organizations.

2. Private law organizations are considered as public entities to the extent that they have decisions to make under this law.

1. The law refers to all bodies acting with sovereign authority as authorities or instances.

2. The bodies of private law organizations are considered authorities or instances insofar as they are required to make decisions under this law.

1. An administrative matter under this law exists when an authority subject to the law is responsible for it.

1. A decision within the meaning of this law (order, appeal decision, administrative court judgment) is issued when an authority subject to this law, acts with sovereign effect for the individual case

a. Establishes, modifies, or revokes rights and obligations of specific persons;

b. Determines the legal relationships of specific persons;

c. Denies requests as referred to in a and b, declines to entertain them, or declares them settled.

2. Decisions also include partial decisions, interim decisions, supplements and explanations, as well as enforcement orders.

1. Legal Proceedings within the Meaning of This Law are Applications That Are to Be Decided by Decision, Legal Remedies, and Lawsuits.

1. The following authorities are subject to this law

a. * the Executive Council and the lower instances of the cantonal administration such as departments, offices, and administrations of dependent institutions;

b. * the municipal authorities (municipal councils, church councils subject to § 10, corporation councils) and other instances of municipal administrations;

c. the administrative and judicial instances of the financially capable administrative units of the canton and the municipalities;

d. the instances of private law organizations, insofar as they have to make decisions in the fulfillment of public law tasks that can be directly challenged before a cantonal authority;

e. * the Cantonal Court;

f. the Assessment Commission according to the Expropriation Act [3] and other administrative judicial instances of the canton and the municipalities;

g. * the other courts and further authorities and instances, insofar as other cantonal enactments declare the provisions of this law to be applicable.

2. ...

1. The entire law is applicable in administrative matters that are to be resolved by decision.

2. Subject to the divergent and supplementary provisions of other cantonal laws and federal law.

1. The Law is Partially Applicable

a. in administrative matters that are to be resolved not by decision, but by another official order;

b. in school, professional, and competency examinations in first-instance procedures.

2. In administrative matters under subsection 1a, the provisions of the law are mutatis mutandis applicable to the following subjects

a. Determination of jurisdiction (§§ 11-13);

b. Recusal (§§ 14-16);

c. Formal requirements (§§ 25-30);

d. Deadlines and appointments (§§ 31-36);

e. Ex officio actions (§ 37).

3. In administrative matters under subsection 1b, the provisions of the law are mutatis mutandis applicable to the following subjects

a. Decisions (§ 4);

b. Recusal (§§ 14-16);

c. Parties (§§ 17-19);

d. Drafting and information on legal remedies (§§ 110 and 111);

e. Notification (§§ 112 and 114).

4. In proceedings under the Tax Law, this law is applicable insofar as the Tax Law provides for it.

5. The provisions concerning supervisory complaints and regulatory notifications (§§ 180 et seq.) remain reserved.

1. The Law is Not Applicable

a. in first-instance administrative matters that by their nature are to be settled by an immediately enforceable order;

b. during police investigations in criminal matters;

c. * ...

d. * in service instructions to the personnel of the municipalities.

2. The provisions concerning supervisory complaints and supervisory notifications (§§ 180 et seq.) remain reserved.

1. The administrative authorities of the regional churches and their subordinate local entities, as well as the regional church judicial authorities, shall proceed according to this law, unless the regional churches have enacted differing procedural laws. In place of the cantonal administrative instances mentioned in the law, the corresponding administrative instances of the regional churches shall be competent.

2. The decisions of administrative authorities of the regional churches and their subordinate local entities can be appealed to the Cantonal Court after exhaustion of the internal administrative appeal process, unless a civil or criminal court has jurisdiction.

3. The regional church law may transfer the adjudication of public law disputes to its own judicial instance, which decides at first instance with the possibility of appeal to the Cantonal Court or as the final instance at the cantonal level.

4. For cases involving a claim in which the state or another external party is involved, the Cantonal Court remains exclusively competent.

1. The authority of the agencies is conclusively determined by the legal order.

2. Contradictory agreements or concessions of the parties are void.

1. The authority shall examine its jurisdiction ex officio.

2. If the authority called upon considers another to be competent, it shall transfer the matter to the other authority without delay for resolution and inform the parties thereof.

3. If there are doubts about jurisdiction, the authority called upon shall exchange views with the other authority before the transfer.

1. If an authority, despite a party's objection, deems itself competent, it shall decide on the matter; it may first determine its jurisdiction through an interim decision.

2. If the authority appealed denies its jurisdiction and no other authority assumes the matter for resolution according to § 12, the appealed authority shall not proceed with the matter through a decision.

3. Reserved are the provisions concerning jurisdictional conflicts.

1. A person who is to make or instruct a decision shall be disqualified

a. if he is a party or otherwise has a personal interest in the matter;

b. if any of the following relatives is a party

1. Spouse, registered partner, or fiancé(e);

2. Blood relatives in the direct line; stepparents or stepchildren as well as registered partners of the parents or children of the registered partner; parents-in-law, parents of the registered partner, sons-in-law or daughters-in-law;

3. Blood relatives or relatives by marriage in the collateral line up to the degree of first cousins;

4. Spouses or registered partners of siblings of one's own spouse or one's own registered partner;

5. Adoptive parents or adoptive children; foster parents or foster children;

c. if he is a partner in a partnership (general or limited) that is a party or if he belongs to the management or supervisory body of a private legal entity that is a party;

d. if he has made a decision at a lower instance in the same matter; in the deliberations of the government council, the affected head of department has an advisory vote in such cases;

e. if he is a representative, manager, or agent of a party, or if he has acted as an attorney, expert, or adviser for the party in the same matter;

f. if any of the following relatives is a party representative

1. Spouse, registered partner, or fiancé(e);

2. Blood relatives in the direct line; stepparents or stepchildren as well as registered partners of the parents or children of the registered partner; parents-in-law, parents of registered partners, sons-in-law or daughters-in-law;

3. Siblings;

g. if he appears biased for any other justifiable reason.

2. The ground for disqualification based on a marriage or a registered partnership continues to exist even after its dissolution.

3. The reasons for disqualification also apply to the court clerk; however, the parties may waive his disqualification.

1. **Officials Required to Disqualify Themselves**

Officials who are subject to a disqualification reason must immediately report it to the competent authority designated under § 16 upon its occurrence or discovery. Individual authorities may alternatively transfer the matter to their deputy; the deputy shall inform the parties of the assumption of responsibility.

2. **Request for Disqualification by a Party**

If a party wishes to request the disqualification of an official, they must submit a substantiated application to the authority competent in the matter immediately upon the occurrence or discovery of the reason for disqualification.

3. **Delayed Reporting of Disqualification**

Officials who report their disqualification obligation late and parties who submit a disqualification request late may be liable for the costs incurred as a result.

1. If the recusal is disputed, the decision shall be made by

a. the collegiate authority in cases of recusal involving its own members, whereby the affected members shall recuse themselves;

b. * the head of the department in cases of recusal involving employees of his department;

c. in other cases, the superior authority.

2. The authority shall also decide whether any official acts of the person obliged to recuse themselves need to be repeated, and if necessary, appoint an extraordinary substitute.

3. If so many members and deputies are recused that the collegiate authority is no longer able to make decisions, the decision regarding the disputed recusal shall be made by

a. * the Department of Justice and Security in place of municipal authorities;

b. * the Cantonal Court in place of the Executive Council;

c. * extraordinary judges, appointed by lot by the president of the Cantonal Court from among the presidents of the divisions of the first-instance courts, in place of the Cantonal Court;

d. in other cases, the superior authority.

1. A party is considered to be anyone who requests a decision or is to be affected by a decision.

1. A party is capable of being a litigant if, under private or public law, they can hold rights and obligations in their own name.

2. Authorities can be parties insofar as a legal provision empowers them to file an appeal or a lawsuit in their own name.

1. The party can act independently in administrative matters if it has the capacity to act for the subject matter of the proceedings under private or public law.

2. Insofar as the party is not capable of conducting proceedings, its legal representative acts on its behalf.

1. If the decision is expected to affect the legal status of a third party, the authority may include that third party in the proceedings ex officio or upon the request of a party or the third party through joinder.

2. Requests for joinder must be substantiated.

1. The party joined is considered a party to the proceedings insofar as their legal relations are involved in the procedure.

2. The authority notifies the existing parties of the joinder and grants them a deadline to submit their observations if the joined party makes legally relevant submissions.

1. Anyone who assumes all the rights and obligations of a party or succeeds to them by operation of law shall enter the proceedings in their place.

1. A person who acquires an object that is in dispute may enter the proceedings in place of the seller. They must submit a written declaration of entry to the authority for the parties.

2. In all other cases, a change of party requires the consent of the parties.

1. A party may be represented unless personal participation in the proceedings is required. Furthermore, the party may be assisted in the negotiations by a representative.

1bis. In the case of collective submissions or substantively identical individual submissions, the authority may set a deadline for designating a common delivery address or a common representative. If the parties do not comply with this request within the deadline, the authority may either designate a delivery address or appoint a representative.

2. The authority directs its communications to the party representative reported to it, as long as it is not informed of the termination of their power of attorney.

1. The party representative must possess full legal capacity.

2. Only attorneys authorized under the Law on Attorney's Licenses and Party Representation (Attorney Law) of March 4, 2002, are entitled to professional party representation before the Cantonal Court, except in disputes concerning public law taxes, assessments, or social insurance.

3. Public bodies may also be represented by their members or employees.

1. The party representative shall submit a power of attorney document to the file as evidence.

2. The authority may request the missing power of attorney document at any time, and until it is received, is not obligated to act upon the submissions of the party representative.

3. If the party representative does not submit a power of attorney document within the prescribed period, the authority will not consider his submissions. If this results in the conclusion of the proceedings, the authority may impose costs on him.

1. The language of the proceedings is German.

2. However, the authorities are entitled to accept submissions in a foreign language from natural persons as well as legal entities whose seat is not in the German-speaking area.

3. At the request of the authority or a party, the parties have to have their foreign language submissions and evidence documents translated.

4. If necessary, a translator will be called in for the negotiations. The provisions regarding expert witnesses apply accordingly (§§ 93-97 and 99).

**1. Communication with Authorities**

1. Communication with authorities must be in writing and may be conducted electronically if the following conditions are met. Provisions mandating or allowing party negotiations or requiring personal presence remain reserved.

2. If an authority has electronic access, submissions can be made in electronic form with a recognized electronic signature from the sending person.

3. In the case of electronic transmission, the authority may require that the submission be supplemented in paper form.

4. The Government Council and the Cantonal Court regulate the specifics of their procedures by ordinance. They may, in particular, issue provisions regarding the format of electronic transmission, the requirements for electronic notification, electronic file management, and liability.

**1. The authority issues its summons in writing and, except in urgent cases, no later than 10 days before the scheduled date.**

**2. The summons includes the following information:**

a. The place and time of appearance;

b. The parties involved, the subject matter of the proceedings, and the procedural status of the summoned person, as far as these details do not compromise the purpose of the proceedings;

c. Consequences of default.

**3. The summons must be signed by the issuing authority or an employee authorized to do so.**

1. The authority generally serves its summonses, decisions, and other communications through the mail, exceptionally through the police.

2. If the recipient has their residence or seat outside the canton, the authority may request the locally competent body to effect service according to the applicable local law.

3. Parties residing or based abroad must, upon request by the authority, designate a service address within the Canton of Lucerne. Service to parties who do not comply with this request may be omitted or conducted through public notice.

4. Furthermore, the parties may provide an electronic service address and declare their consent for service to be effected electronically. The authorities must affix their decisions with a recognized electronic signature.

1. The authority ensures, as necessary, proof of service.

2. The recipient must confirm receipt upon request.

1. The authority may publish its notification in the Official Gazette of the canton

a. to a party whose whereabouts are unknown and who has no reachable representative;

b. to a party residing abroad with no reachable representative, when delivering notification to their place of residence is impossible or when the party, contrary to § 28 paragraph 3, has not designated a notification domicile in the canton of Lucerne;

c. in a dispute involving numerous parties;

d. in a dispute in which identifying all parties without disproportionate effort is not feasible.

2. The notification is considered delivered upon the publication of the Official Gazette.

1. Deadlines triggered by an official notification commence with the pertinent communication (§§ 28, 30, 112, 113).

2. If a deadline is determined by days, the day of the communication is not counted.

3. Furthermore, deadlines are calculated according to Articles 76 and 77 of the Code of Obligations.

1. When the authority sets an officially determined deadline or date for the parties, it simultaneously threatens the consequences of default.

2. Only the threatened consequences will occur in the case of missing officially determined deadlines and dates.

1. Acts for which a deadline is set must be performed no later than on their last day.

2. Submissions must be delivered to the competent authority or to the Swiss postal services for their attention no later than the last day of the deadline.

2bis. In the case of electronic delivery, the deadline is met if receipt at the authority's delivery address is confirmed by their information system no later than the last day of the deadline.

3. If the party submits its documents to an incompetent authority in a timely manner, the deadline is considered to be met.

1. If the last day of a deadline falls on a public holiday, excluding the patron saint's feast day and St. Joseph's Day, the necessary act to meet the deadline can still be performed on the next business day. Saturdays, Berchtold's Day as well as Easter Monday and Whit Monday are considered equivalent to public holidays.

2. Deadlines that are counted backwards are shortened by the application of Paragraph 1.

1. The authority may extend legally specified deadlines only if the party concerned or their representative dies or becomes incapacitated during the course of the deadline.

2. The authority may extend deadlines set by the authority if a request is submitted before the expiry of the deadline and a sufficient reason is credibly demonstrated.

3. These provisions apply mutatis mutandis to the postponement of appointments.

1. The authority may restore missed deadlines and appointments if the party or its representative

a. was prevented from acting in a timely manner through no fault of their own, and

b. submits a substantiated request within 10 days from the removal of the obstacle, and simultaneously rectifies the missed action. In tax-related disputes, the period is 30 days.

2. The authority shall give the opposing party an opportunity to comment; it shall gather the necessary evidence and decide without further delay.

3. The consideration of late submissions that are relevant to the case (§ 106 para. 2) remains reserved.

1. Authorities shall act ex officio in administrative matters, unless a legal provision requires a party's application.

2. Authorities shall apply the law ex officio.

1. Third parties may only access party proceedings before administrative authorities if the authority permits it for special reasons.

2. Third parties have access to party proceedings before the cantonal court, except in tax and personnel-related disputes or if the cantonal court excludes the public for important reasons.

3. Otherwise, the authorities deliberate and consult excluding the parties and the public.

1. The competent departments execute the decisions of the government council, unless the council designates a different instructing authority for specific reasons.

2. Other collegial bodies may have their decisions instructed by the chairperson or a member, administrative authorities additionally through a subordinate office or an employee.

1. The instruction includes the clarification of the facts of the case and the conduct of the proceedings until the decision is made.

2. The instructing authority is empowered to issue procedural directives in place of the deciding authority, as well as to collect and preserve evidence.

3. Decisions regarding jurisdiction and recusal must originate from the deciding authority itself.

1. The authority may suspend the proceedings for reasons of expediency, particularly if its decision depends on or could be significantly influenced by another decision.

1. The authority may suspend the proceedings with the consent of the parties, to allow them to agree on the content of the decision. The agreement must include a waiver of the right to appeal and the allocation of costs.

2. The authority shall incorporate the agreement into its decision unless the agreement suffers from a defect as defined in § 144.

3. To the extent that an agreement is reached, the authority shall not impose procedural costs. If the agreement fails, the provisions of §§ 198 ff. shall apply.

4. A party may request at any time that the suspension of the proceedings be lifted.

1. To promote amicable settlement in accordance with § 41a, the authority may recommend mediation to the parties. The organization, execution, and cost bearing of the mediation are the responsibility of the parties.

1. If separate applications, appeals, or claims relate to the same subject matter, the authority may consolidate the proceedings in the interest of an efficient resolution.

1. If applications, appeals, or lawsuits concern different matters or have been jointly submitted by different parties, but a joint decision would not be suitable, the authority may separate the proceedings.

1. The competent authority in the matter shall, upon the request of a party demonstrating a legitimate interest, determine the existence, non-existence, or content of rights and obligations.

2. Declaratory decisions may also be issued ex officio.

1. Anyone with a legitimate interest may request the authority responsible for actions based on public law, which affect rights or obligations, to

a. refrain from, cease, or revoke unlawful actions;

b. eliminate the consequences of unlawful actions;

c. determine the unlawfulness of actions.

2. The authority shall decide by issuing an order.

1. The instructing department, the deciding authority, and in urgent cases its chairperson may issue provisional orders to maintain the existing condition or to temporarily protect threatened legal interests.

1. The authority shall give the parties the opportunity to express themselves on the matter in writing or orally before a decision is made.

2. The authority is not required to hear the parties

a. before interim decisions which cannot be independently contested;

b. if the decision can be contested through an objection;

c. if the decision does not prejudice the party or fully complies with their application;

d. in the first-instance procedure, if there is danger in delay and further appeal is possible;

e. before enforcement orders;

f. * before provisional measures, if there is danger in delay or prior hearing would defeat the purpose of the authority's order.

1. The authority may require the parties to clarify, correct, or supplement their submissions.

2. For this purpose, the authority may conduct oral proceedings with the parties or communicate with them in writing.

1. The parties are entitled to inspect the following documents at the headquarters of the deciding authority in their own matters

a. Consultations of authorities;

b. Submissions of the parties and records of their applications and statements;

c. Documents, records, and expert reports used as evidence;

d. Copies of disclosed decisions.

1bis. The authority may provide or deliver documents electronically for inspection if the parties consent.

2. The authority may charge a fee for granting access to records in a closed matter.

1. The authority may refuse to grant the parties access to the files, insofar as confidentiality of certain documents is required

a. to safeguard overriding public interests;

b. to protect important interests of opposing parties and third parties;

c. in the interest of an ongoing procedure.

2. In any case, the parties retain the right to inspect the following documents

a. their own submissions and minutes concerning their own applications and requests;

b. documents submitted by them as evidence;

c. the decisions communicated to them.

1. If the authority withholds a document, it may only consider it as evidence to the detriment of a party insofar as the party has been made aware of its essential content and has been given the opportunity to express themselves and request counter-evidence.

**1. The authority may issue a reprimand or impose a fine of up to 2,000 francs to parties, party representatives, and third parties if, in an administrative matter, they:**

a. Violate the decorum mandated by good manners;

b. Disrupt the conduct of business or conduct the proceedings frivolously;

c. Fail to appear or appear late for a hearing without sufficient excuse despite proper summons;

d. Fail to comply with an official order for evidence.

**2. The additional costs incurred due to culpable default shall be borne by the defaulting parties, party representatives, or third parties.**

1. The authority may have a party brought by the Lucerne police if the personal presence of the party is necessary and, despite proper summons and threat of police escort, the party does not appear for the proceedings without sufficient excuse.

2. ...

3. ...

1. The authority establishes the facts ex officio.

1. The authority primarily uses the evidence provided for in this law.

2. Other evidence is admissible, provided it is suitable for proof and does not infringe on the personal freedom of the concerned party.

**1. The parties are obligated to cooperate in establishing the facts:**

a. if they have initiated the proceedings through a legal measure;

b. if they submit applications in a proceeding;

c. to the extent that a legal provision imposes upon them specific obligations to provide information.

2. If a party, in the case of paragraph 1a and b, refuses the necessary and reasonable cooperation, the authority is not required to act on their applications.

3. The authority shall consider evidence applications from the parties, provided that the requested evidence is necessary and suitable.

**1. The Authority Decides at its Sole Discretion Whether and to What Extent a Fact Admitted by a Party Still Requires Evidence**

The authority decides, based on due discretion, whether and to what extent a fact that has been conceded by a party still requires evidence.

1. The competent department shall conduct investigations upon request from out-of-canton and foreign administrative and administrative court authorities. Specific procedural provisions regarding legal assistance remain reserved.

1. The authority shall, after initiating the proceedings ex officio or at the request of a party, take the necessary measures to secure endangered evidence.

2. For a future proceeding, the authority competent for this purpose may, ex officio or at the request of a party, preliminarily gather or secure evidence, provided that the evidence appears to be endangered by any delay.

1. The authority evaluates the evidence results at its discretion.

2. The authority also considers the behavior of the parties in the proceedings, particularly the non-compliance with summonses, unjustified refusal to give statements, and withholding of requested evidence.

1. Documents are writings, pictorial representations, and plans that are intended or suitable to prove a fact of legal significance.

1. Public documents are considered those documents that have been issued by authorities in the exercise of their office or by certifying officers in a legal procedure to provide evidence of a fact.

2. Public documents provide full proof of the facts they attest to, as long as their falsity or the inaccuracy of their content is not proven.

1. The parties shall attach to their submissions the documents they refer to as evidence and possess.

1. Parties and third parties are obligated, subject to § 64, to submit documents in their possession to the authority upon its request as evidence.

2. The authorities subject to this law (§ 6), and the other cantonal bodies, make the documents referred to in § 48 available to each other as evidence.

1. Parties and third parties may refuse to submit documents insofar as they relate to facts about which the holder could refuse to give testimony during party or witness examination.

2. If the refusal is justified only for parts of the document that can be rendered inaccessible through appropriate measures, the obligation to produce the document exists only subject to corresponding orders.

1. If parties or third parties dispute the possession of a requested document, they may be questioned about its whereabouts or content in a party or witness examination.

1. If a document is submitted in transcript or copy, the authority may require certification or submission of the original.

1. If the submission of documents is not feasible due to their nature or would infringe on legitimate interests, the authority may inspect them at the owner's premises.

2. The result must be recorded in a protocol.

1. If there are reasonable doubts about the authenticity of a document, the authority shall provide evidence regarding it.

1. If parties or third parties unjustifiably refuse to submit a requested document, or if they intentionally destroy or render the document unusable, the authority may impose a regulatory fine (§ 51).

1. The authority may obtain written or oral official reports from other authorities and persons performing official functions, as evidence of facts about which they can provide information based on their official duties.

2. Oral official reports must be recorded in a protocol.

1. If the circumstances justify it, the authority may obtain written or oral evidence information from private individuals.

2. Oral evidence information must be recorded in a protocol.

3. For incorrect evidence information, the authority may threaten the penal consequences under the Misdemeanor Act. In this case, the provisions regarding the right to refuse to give testimony shall apply mutatis mutandis (§§ 77-79).

1. The authority determines, based on due discretion, whether the received official reports and evidence information are suitable as proof or require confirmation through other evidence.

1. The authority may examine witnesses. It may delegate this power to persons who possess the necessary legal knowledge.

2. The governing council may authorize persons outside the administration, whom it entrusts with instructive tasks, to conduct witness examinations.

1. Children under fifteen years of age and individuals with severely impaired perception and cognitive abilities may only be heard as witnesses if their testimony is indispensable and does not harm them.

2. If necessary, the authority shall allow persons with the required expertise and experience to participate in the questioning.

1. Subject to the provisions of Sections 77-79, the witness is required to appear for questioning before the authority and to truthfully answer the questions presented.

1. Articles 307-309 of the Swiss Criminal Code are applicable to witness examinations.

1. Witnesses may refuse to testify to the extent that they credibly demonstrate that answering certain questions

a. would expose themselves or a relative as defined in § 14 paragraph 1b to the risk of criminal prosecution or severely damage their honor;

b. would directly harm their assets.

1. Members of authorities, officials, clergy, lawyers, notaries, auditors bound to confidentiality under the Code of Obligations, doctors, dentists, pharmacists, midwives, and their assistants are exempt from the obligation to testify as witnesses, insofar as they are bound by their official or professional secrecy according to the Personnel Law, Articles 320 and 321 of the Swiss Criminal Code, or other laws.

2. Mediators are entitled to refuse to testify about facts they have perceived in the course of their activities according to § 41b.

1. Anyone involved in the publication of information in periodical print media, radio, and television as an editor, reporter, publisher, printer, or in any other way, may refuse to testify about the content and source of their information.

2. The right to refuse testimony does not apply if the confidentiality would endanger or affect the internal or external security of the country or other significant public interests.

1. The parties, subject to paragraph 2, have the right to be present during the examination of witnesses. The authority shall inform them of the time and place of the examination in a timely manner.

2. If the clarification of the facts or the urgency of the proceedings requires it, the administrative authority may examine the witnesses in the absence of the parties.

1. The Interrogator Commences the Examination by

a. ascertaining the personal details of the witness;

b. admonishing the witness to tell the truth and informing them of the legal consequences of false statements;

c. clarifying the witness's relationships significant to the evaluation of evidence with the parties and the matter at hand;

d. informing the witness of the right to refuse to testify.

1. The examiner poses questions to the witness.

2. Parties present may request additional questions for clarification or elaboration. The examiner decides on their admissibility.

1. The conciliator may confront parties and witnesses whose statements contradict one another.

1. The Interviewing Officer or a Recorder shall prepare a record of the interview, in which the following must be noted

a. the initiation of the interview according to § 81;

b. the significant outcome of the questioning in report form or divided into questions and answers.

1. The record is read aloud to the witness or given to them to read.

2. The interviewer, the recorder, and the witness confirm the accuracy of the record with their signatures.

3. If the witness refuses to sign, this is noted in the record.

1. If witnesses, despite being duly summoned, fail to appear for examination without a justified excuse or unjustifiably refuse to testify, the authority may impose a disciplinary fine (§ 51).

2. The authority may also have defaulting witnesses brought in by the police and threaten them with penalties for disobedience under Article 292 of the Criminal Code if they continue to refuse to testify despite the imposed disciplinary fine.

1. The witness is entitled to the compensation provided for in the cost regulations.

1. The authority may interview the party to verify a fact that requires evidence.

2. Before the interview, the authority admonishes the party to speak the truth and informs them that they may be required to give a statement under penalty of perjury.

1. If the results of the party examination are not sufficient, the authority authorized to conduct witness examinations (§ 73) may require the party to provide evidence testimony.

2. False evidence testimonies are punishable under Articles 306 and 309 of the Swiss Criminal Code.

3. Before the evidence testimony, the authority admonishes the party once more to tell the truth and informs them of the legal consequences of giving false evidence testimonies.

1. A legally represented party must be personally heard if they are to testify about their own perceptions and are capable of judgment. Otherwise, their legal representative will be heard.

2. If the party is a legal entity or a general or limited partnership, the authority determines which of the board members, managers, or partners is to be heard as the party.

1. The party may refuse to testify insofar as they credibly demonstrate that answering certain questions would expose themselves or a relative, within the meaning of § 14 paragraph 1b, to the risk of criminal prosecution or would severely compromise their honor.

2. The party may also refuse to testify insofar as they would be exempt from the obligation to testify due to their duty of office or professional secrecy under § 78.

1. Furthermore, the procedural provisions applicable to the examination of witnesses shall apply mutatis mutandis (§§ 81-86).

1. If the clarification of the facts of the case requires expertise that the authority lacks, it shall appoint one or more experts upon the request of the parties or ex officio.

2. Unless certain experts are prescribed by law, the authority shall provide the parties with the opportunity to raise objections against the proposed experts. The disqualification provisions of §§ 14-16 apply mutatis mutandis.

3. If it appears appropriate according to the nature of the expert evaluation, the authority shall provide the parties with the opportunity to submit questions to the experts.

1. The expert shall answer the questions presented to him by the authority; the authority may also allow him to participate in clarifying the facts in another manner.

2. The expert must fulfill his duties to the best of his knowledge and belief and maintain strict impartiality.

1. The authority shall instruct the expert on their duties and the legal consequences of a false report under the provisions of the Swiss Criminal Code or the Misdemeanor Act.

1. The expert is required to substantiate their report; they shall deliver it in writing as a rule, or orally in special cases, during a hearing, as directed by the authorities.

2. The authority shall provide the parties with a copy of the report or, in the case of an oral assessment, an excerpt from the record.

1. The authority has the expert opinion explained or supplemented by the expert, if necessary; it appoints new experts if required.

2. The authority acts ex officio or at the request of the parties; it sets a reasonable deadline for such requests and their potential justification.

1. Insofar as the physical or mental condition of a party is substantial to the decision, the party shall, upon official order, be examined by a medical expert or by medically trained authorities or employees.

2. The party shall answer relevant questions from the expert, unless the party is permitted to refuse testimony during the party examination.

3. If the party unjustifiably resists the examination or refuses to provide information, the authority may proceed according to § 86.

4. If special reasons justify this, the authority shall disclose only the results of the expert opinion in full text or in a manner suitable for the purpose.

1. The expert is entitled to reimbursement of his expenses and a reasonable fee.

1. Parties and third parties are obliged to permit an inspection of items in their custody, subject to § 101.

2. If the item can be brought before the authority, it must be presented as a document upon official order.

1. Parties and third parties may refuse to permit an inspection insofar as it relates to facts regarding which they could refuse to testify during party or witness examinations.

2. The authority must inform them of this right.

1. The authority allows experts and witnesses, as far as necessary and appropriate, to participate in the inspection.

2. If the authority's own perception is not required or is inappropriate, it may have the inspection carried out solely by experts.

1. The parties are entitled to participate in the inspection and to provide explanations, subject to paragraph 2. The authority shall notify them in good time of the location and time.

2. The authority may exclude the parties from participation insofar as the protection of legitimate interests of opposing parties and third parties or the nature of the inspection requires it.

3. ...

1. The authority documents the essential findings of the inspection in a report; it may use visual representations for this purpose.

1. If parties, party representatives, or third parties unjustifiably prevent the inspection, the authority may impose disciplinary fines of up to 2000 Swiss Francs (§ 51), threaten punishment for disobedience according to Article 292 of the Penal Code, or conduct the inspection with police assistance.

2. ...

1. The authority shall examine all timely submissions of the parties before making its decision.

2. The authority may also consider significant submissions from the parties, even if they were submitted late.

1. **The Authority Shall Ex Officio Verify Fulfillment of Pre-Conditions for a Merits Decision**

The authority shall verify ex officio whether the prerequisites for making a decision on the merits are fulfilled. It may initially limit the procedure and the decision to these questions.

2. **A Merits Decision Specifically Requires:**

a. Jurisdiction of the authority approached;

b. Legal capacity and procedural capacity of the parties;

c. Authorization of the party representatives;

d. Authorization to undertake legal action;

e. Compliance with the time limits and formal requirements for legal action;

f. That no other procedure is pending on the same matter;

g. That no binding decision on the same matter has been issued, the modification or revocation of which is not within the competence of the authority approached.

3. **Lack of Precondition for a Merits Decision**

If a prerequisite for a decision on the merits is lacking, the authority shall not proceed to address the merits of the matter for the relevant party.

1. When all procedural requirements are met, the authority decides on the matter.

2. Through the judgment, the authority resolves all applications of the parties.

1. If during the course of the proceedings the legally relevant interest in a substantive decision ceases to exist, particularly as a result of the withdrawal of the party's requests, the authority declares the proceedings to be concluded.

1. The issuance of the decision contains the following information

a. the deciding authority, and in the case of decisions by judicial instances, additionally the names of the participating judges;

b. parties and party representatives;

c. reasoning (concise presentation of the facts, parties' applications, considerations);

d. ruling with the allocation of costs;

e. instructions on legal remedies (ordinary legal remedy, deadline, instance);

f. date of the decision and the dispatch;

g. * signature; in mass decisions, this can be omitted.

2. For special cases, the government council may, by regulation, order the issuance of administrative decisions deviating from paragraph 1.

3. Decisions issued in letter form are to be designated as such. Paragraph 1 applies accordingly.

1. Administrative authorities may, subject to differing provisions of cantonal or federal law, issue their decisions without reasoning

a. if the requests of the parties are fully granted;

b. if an objection against the decision is permissible;

c. * in clear cases.

2. In clear cases, the parties are to be informed that they may request a reasoned decision in writing within 10 days from the delivery of the decision.

3. The Cantonal Court may issue its decisions without reasoning. The parties, prior instances, and the authorities entitled to appeal are to be informed that they may request a reasoned decision within 30 days from the delivery of the decision.

4. If no reasoning is requested within the deadline, the decision becomes legally binding. If a reasoning is requested, the appeal period begins with the delivery of the reasoned decision.

1. The authority shall notify the parties of the decision in writing by delivering a copy.

2. The authority may verbally notify any interim decisions to the parties present.

3. If a party requests it before the conclusion of the hearing, the authority shall confirm the verbally notified interim decision in writing. In this case, the period for any appeal begins with the delivery.

4. The Cantonal Court delivers its decisions to the lower court and, insofar as it has supervisory authority, also to the Government Council.

1. If service to a party is not possible due to unknown whereabouts or for another reason, the authority may announce in the Cantonal Gazette that the party may inspect the decision at an office and obtain a copy within a specified period.

2. The announcement in the Cantonal Gazette shall contain the following information

a. the deciding authority;

b. the recipient and subject matter of the proceedings;

c. the place, period, and effect of the publication;

d. legal remedy instruction.

3. The decision is deemed to have been communicated when the copy is inspected by the party or handed over to them, but no later than upon the expiry of the specified period.

1. No legal disadvantage shall accrue to the parties from a defective service.

1. The authority may correct clerical errors and calculation mistakes in the issuance of a decision at any time.

1. The administrative authority may modify or revoke its decisions outside of a revision process, either ex officio or upon request, for important reasons, insofar as specific provisions, the principle of good faith, or other generally recognized legal principles do not exclude or restrict this.

2. Under the same conditions, the superior administrative authority may require, either ex officio or upon request, the subordinate authority to revoke or amend a decision outside of an appeal process. In case of refusal, the superior authority shall issue the necessary orders.

3. Requests for the revocation or amendment of administrative decisions that are not submitted through legal remedies do not require the addressed authority to settle by decision.

1. The objection within the meaning of this law obligates the first-instance administrative authority to review its contested decision and to decide on the matter once again.

2. The power of review of the objection authority is not limited.

1. The objection is permissible in the cases provided for by the legal system. § 128 applies mutatis mutandis.

1. Unless otherwise specified by cantonal or federal law, the objection period is 20 days for final decisions and 10 days for interim decisions from the time of notification (§§ 28, 30, 112, 113).

2. The objection has a suspensive effect.

1. The objection must be submitted in writing. The provisions regarding the legal appeal document (§§ 133-135) apply accordingly.

2. The evidence documents (§ 62) must be attached to the objection document.

1. If the objection does not immediately appear inadmissible or unfounded, the objection authority shall provide any opposing parties the opportunity to submit a statement.

1. The appeal authority is not bound by the submissions of the parties. It may modify the contested decision in favor of or against a party.

1. The authority shall clarify or supplement its decision if the ruling is incomplete or unclear, contains contradictions, or does not correspond with the reasoning.

2. Clarification or supplementation takes place ex officio or upon request.

3. Unless there are special reasons, the authority does not need to hear the parties beforehand.

1. The parties and the previous instance are entitled to submit a request for clarification or supplementation.

2. The request can be made at any time.

3. The provisions regarding appellate briefs (§§ 133-135) apply correspondingly.

1. The authority disposes of the request for clarification or supplementation through a decision.

1. If a decision is clarified or supplemented, any applicable appeal period begins anew.

2. Furthermore, only a supervisory complaint is permissible against the resolution of such requests.

1. The provisions regarding the appellate procedure are applicable to

a. the administrative appeal (§§ 142-147);

b. the administrative court appeal (§§ 148-161);

c. the revision (§§ 174-179).

1. The legal remedy is, subject to paragraphs 2-4, only admissible against the final decision.

2. Procedural orders and other interim decisions may be independently contested with the legal remedy admissible against the final decision if they would cause irreparable harm.

3. Independently contestable, in particular, are interim decisions regarding

a. Jurisdiction (§ 13);

b. Recusal (§ 16);

c. Rejection of the joinder of a party or a third party requested by a party (§ 20);

d. Suspension, severance, or consolidation of proceedings (§§ 41-43);

e. Provisional measures (§ 45);

f. Duty to produce documents, obligation to testify during witness and party examinations, obligation for medical examination (§§ 63, 64, 75, 77-79, 91, 98);

g. Denial of access to files (§ 49);

h. Denial of legal aid (§ 204).

4. Legal remedies admissible against the final decision may be pursued against the unlawful refusal or delay of a contestable decision.

1. The appeal is admissible against a decision which

a. addresses only part of the claims made, if these claims can be assessed independently of the others;

b. concludes the proceedings for only part of the appellants.

1. Entitled to file an appeal is anyone who

a. participated in the proceedings before the lower court or was not given the opportunity to participate;

b. is specifically affected by the contested decision or decree and

c. has a legitimate interest in its annulment or amendment.

2. Other persons, organizations, and authorities authorized by the legal system are also entitled to file an appeal.

1. As far as cantonal or federal law does not prescribe otherwise, the appeal period is 30 days from the date of notification (§§ 28, 30, 112, 113).

1. Administrative Appeal and Administrative Court Appeal have suspensive effect.

2. In a decision that does not concern a monetary payment, the lower instance may exclude the suspensive effect of an Administrative Appeal or an Administrative Court Appeal.

3. The appellate instance may, ex officio or upon request of a party, restore or lift the suspensive effect. It decides on such a request after hearing the opposing party; if necessary, it shall immediately take provisional measures.

1. The appeal must be submitted in writing to the appellate authority, subject to differing provisions of cantonal or federal law.

2. The appeal document must be accompanied by the contested decision, the power of attorney of the party's representative, and any evidence documents that the appellant possesses.

1. The appeal document must contain a specific request and the grounds for it.

2. The party or its representative must sign the appeal document.

3. In case of electronic submission, the appeal document must be provided with a recognized electronic signature.

1. The appeal document must be submitted in a sufficient number of copies for all involved authorities and opposing parties, but at least in duplicate.

2. The authority may have missing copies prepared at the party's expense or set an appropriate deadline for submission.

3. The authority may require an advance payment for the preparation of copies.

1. If a legal document violates the decorum mandated by good morals or is excessively verbose, the authority shall set a reasonable deadline for the submitter to file an amended legal document.

2. If a legal document is illegible, incomprehensible, or does not contain all the necessary information, the authority shall set a reasonable deadline for its correction or completion; alternatively, it may summon the submitter for a hearing and record their statements as necessary.

3. If the deficiencies criticized are remedied as ordered by the authority, the legal document shall be deemed duly filed as of the date of its original submission; otherwise, the authority shall not consider the legal remedy.

1. The authority shall serve the appeal brief to the opposing parties and the lower instance and set a reasonable deadline for their response.

2. The authority may obtain further statements as necessary.

3. The provisions concerning the content, number of copies, and deficiencies of the appeal brief (§§ 133-135) are applicable mutatis mutandis to the statements.

1. If the appeal is manifestly late, inadmissible, or unfounded based on the records, the authority may decide without an exchange of writings.

2. The authority may limit the right to respond to specific points in order to avoid unnecessary effort.

1. The lower court may amend or annul the contested decision until the appellate decision is made. It shall promptly deliver its new decision to the parties and the appellate instance.

2. The appellate instance shall continue the processing of the appeal to the extent that it has not been rendered moot by the new decision. If necessary to protect their interests, the parties shall be given an opportunity to present their views.

1. The appellate court clarifies the relevant facts of the case as necessary.

2. New evidence is admissible to the extent that it relates to the facts relevant to the appellate court.

3. If there are new pieces of evidence that appear significant, the appellate court provides the parties and the lower court an opportunity to comment.

1. If the appellate instance overturns a decision of the lower court, it generally decides on the matter itself.

2. If special reasons require, the appellate instance returns the case to the lower court with binding instructions for a new decision.

1. The authority shall establish a case file for each appeal procedure, in which all legal documents, records, evidence, and other files must be included.

1. In the publication of appellate decisions and the granting of access to appellate decisions, consideration must be given to personality and data protection, particularly by redacting the names of the parties.

1. The following can be contested by administrative appeal

a. * ...

b. * Decisions of administrative bodies of municipalities and other entities subordinate to the canton (§ 6 para. 1b-d), as well as lower instances of the cantonal administration, excluding the departments (§ 6 para. 1a): to the materially competent department;

c. Objection decisions and first-instance decisions of the departments: to the government council.

2. Provisions that designate another authority as the appeal instance remain reserved.

1. The Administrative Complaint is inadmissible

a. if the decision is final according to a specific provision;

b. if an objection against the decision is permissible;

c. if, pursuant to § 148 subparagraph a, the appeal to the Administrative Court is permissible or if the decision can be contested before the Cantonal Court or a federal authority according to a specific provision.

1. The appellant may challenge all defects of the contested decision and the proceedings with the administrative appeal, namely

a. incorrect or incomplete determination of the facts relevant to the case;

b. incorrect application of the law;

c. incorrect exercise of discretion.

2. In matters within the autonomous scope of the municipality or another community subordinate to the canton (§ 1 para. 1d), the appellant cannot challenge the exercise of discretion before the cantonal appeal instance, except in cases of excess or abuse of discretion.

1. In the appeal proceedings, the parties and the lower court may present new facts and submit new motions.

1. Insofar as the nature of the dispute does not indicate otherwise, the factual and legal circumstances at the time of the appeal decision are decisive.

1. The appellate instance is not bound by the parties' requests. It may amend the contested decision in favor of or against a party.

1. Administrative Court Complaints can be filed with the Cantonal Court against

a. * Decisions that can be appealed to the Federal Supreme Court in matters of public law and apply federal law;

b. Decisions of the Government Council, insofar as the legal system does not exclude the administrative court complaint;

c. Decisions of the departments, insofar as an administrative appeal to the Government Council is not permissible or insofar as the legal system does not exclude the administrative court complaint;

d. Decisions of other authorities in cases provided for by the legal system.

1. An administrative court appeal is inadmissible if the decision can be contested before a federal authority using another legal remedy other than the appeal in public law matters or the subsidiary constitutional complaint.

1. The administrative court appeal is inadmissible against decisions of the following nature

a. Approval of enactments, referendums, and official resolutions;

b. Resolution of supervisory complaints.

2. Reserved are additional legal provisions that exclude the administrative court appeal.

1. With the administrative court appeal, the appellant may, subject to differing provisions, challenge the following deficiencies of the contested decision and the procedure

a. incorrect or incomplete determination of the legally relevant facts;

b. incorrect application of the law, including excess and abuse of discretion.

1. To the extent that the nature of the matter in dispute does not dictate otherwise, the assessment of the administrative court appeal is based on the factual and legal circumstances existing at the time of the contested decision.

1. The parties may not expand or substantively amend the motions submitted in the previous instance proceedings.

2. They may present new facts and evidence.

1. The Cantonal Court must not go beyond the party applications submitted concerning the matter.

1. To the extent that this law or other enactments provide for it, the appellant may also challenge the incorrect exercise of discretion with the administrative court complaint.

2. In complaint cases involving discretion control, §§ 144-147 apply instead of §§ 152-155.

1. In legal disputes concerning the assessment or refund of public-law taxes, the Cantonal Court also possesses discretionary control.

1. The administrative court appeal is permissible against decisions of the public-law pension funds of governmental entities that concern the legal status of their members, particularly their contributions and pensions, and are not appealable to an administrative authority.

2. The Cantonal Court also has the authority to exercise discretional review.

1. The Cantonal Court, as the sole cantonal instance, adjudicates appeals in the area of federal social insurance for which federal law prescribes a cantonal appeals instance.

2. Appeals are, subject to differing and supplementary provisions of federal law, handled according to this law as administrative court complaints. The Cantonal Court also reviews the exercise of discretion.

3. ...

1. The Cantonal Court also reviews discretion if it is the only cantonal appellate instance.

1. The Cantonal Court adjudicates, subject to § 163, as a court of first instance in public law disputes

a. arising from public law contracts;

b. between public entities (§ 1);

c. arising from concessions between a public entity and the concessionaire or between concessionaires themselves;

d. * concerning pecuniary claims arising from public law service relationships of members of authorities, deputies, and employees within the meaning of § 2 subparagraph a of the Personnel Act;

e. for which other enactments allow for the administrative court complaint.

2. ...

1. The administrative court action is inadmissible if, according to the legal order, an administrative authority or another court is competent to decide on the matter in dispute.

1. Before the plaintiff files a lawsuit, they shall inform the defendant of the claims and the grounds for the claims, and provide a reasonable period for the defendant to respond.

1. Upon the filing of the lawsuit with the Cantonal Court, the matter becomes pending.

1. The complaint shall contain

a. the designation of the parties and their representatives;

b. the claims for relief;

c. the information relevant to the jurisdiction of the Cantonal Court;

d. a concise statement of the facts;

e. the specification of the evidence for each fact;

f. the date and the signature of the author.

2. The plaintiff shall attach the following documents to the complaint, insofar as they are in their possession

a. evidence documents (§ 62);

b. a copy of the notice from the plaintiff to the defendant (§ 164);

c. any response from the defendant (§ 164).

1. The Answer shall contain

a. the designation of the parties and their representatives;

b. the claims on the merits;

c. any objections to the procedural admissibility of the complaint;

d. any counterclaim;

e. the response to the factual assertions of the plaintiff and a brief presentation of the facts to substantiate the respondent's own claims;

f. the indication of evidence for each fact;

g. the date and signature of the author.

2. The defendant shall attach to the Answer, insofar as they are in his possession, the documents of evidence (§ 62).

1. By means of a counterclaim, the defendant can assert claims against the plaintiff which, according to § 162, can be the subject of administrative court proceedings; additionally, they must be legally related to the claim being sued for or capable of being offset against it.

2. If the counterclaim does not immediately appear inadmissible, the plaintiff shall be given the opportunity to respond.

3. The counterclaim remains valid even if the main claim is dismissed.

1. The examining judge may present the parties with a written settlement proposal or summon them to a conciliation hearing.

1. The Cantonal Court shall order a final hearing at the request of a party or ex officio, if such a hearing appears expedient.

2. At the final hearing, each party has the right to make an oral presentation. The Cantonal Court may allow the parties a second presentation.

1. The Cantonal Court freely evaluates the parties' petitions in both factual and legal respects.

2. The Cantonal Court may neither exceed the petitions made by the parties concerning the matter in favor of nor to the detriment of either party.

1. In legal proceedings, Sections 134-137, 139, and 141 are applicable mutatis mutandis.

1. The Cantonal Court, as the sole cantonal instance (Social Insurance Court), adjudicates claims in the field of federal social insurance for which federal law requires a cantonal judicial instance.

2. ...

1. The authority shall revise its legally binding decision upon request or ex officio if it emerges from criminal proceedings that a crime or misdemeanor influenced it.

2. The conviction of the perpetrator is not required to prove the grounds for revision. If criminal proceedings are not possible, the grounds for revision may also be proven by other means.

1. The authority will review its legally binding decision upon request if new significant facts or evidence are presented subsequently.

2. The applicant must make it credible that, despite reasonable diligence, they were unable to assert the new facts or evidence in the previous proceeding or by legal remedy, or that they omitted to do so for excusable reasons.

1. The parties and the previous instance are entitled to submit a petition for revision.

2. In the petition for revision, the grounds for revision and the timely submission must be specifically demonstrated, and the motions for the event of a new ruling must be made.

1. The application for revision must be submitted within the following time limits

a. In the case of § 174, within 90 days from the time the applicant became aware of the conclusion of the criminal proceedings, but no later than 10 years after the decision was delivered. If no criminal proceedings are possible, the 90-day period begins to run as soon as the applicant is able to substantiate the application for revision;

b. In the case of § 175, within 90 days from the discovery of the ground for revision, but no later than 10 years after the decision was delivered.

1. The appellate instance may suspend or postpone the execution of the contested decision.

1. If the prerequisites for an appeal are met, the appellate instance shall set aside the contested decision and make a new decision on the matter.

2. If the appellate instance sets aside an appeal decision, it may remand the matter to the lower court for a new decision.

1. Supervisory complaints are permissible against employees, authority members, and authorities subjected to this law, with the exception of the Government Council and the Cantonal Court as whole authorities.

2. The supervisory complaint may address

a. Improper treatment in a proceeding;

b. Unauthorized refusal or delay of an official act;

c. Improper treatment in an institutional relationship;

d. Improper treatment in police measures.

3. Supplementary provisions concerning the right to complain in institutional relationships remain reserved.

1. Against decisions that can be contested through a legal remedy, supervisory complaints are inadmissible.

2. If a legal remedy is available against the final decision, the rejection of an evidentiary request cannot be contested through a supervisory complaint.

1. The right to file a supervisory complaint is granted to anyone who demonstrates that the behavior in question affects their personal, legally protected interests.

1. Instances of Appeal are

a. * the department to which the matter is assigned, for supervisory complaints against municipal authorities, subject to subsection b;

b. * the collegiate authorities for supervisory complaints against their members;

c. the deciding authority for supervisory complaints against its instructing body;

cbis. * the heads of departments of the cantonal administration for supervisory complaints against subordinate employees,

d. in other cases, the superior authority.

2. Reserved are provisions that designate a different authority as the instance of appeal.

1. The Supervisory Complaint must be submitted

a. for improper treatment in a procedure within 20 days of becoming aware of the facts (§ 180 para. 2a);

b. in other cases within a reasonable time (§ 180 para. 2b-d).

1. The supervisory complaint must be submitted in writing. The provisions concerning the appeal document (§§ 133-135) apply mutatis mutandis.

1. The appellate authority resolves the supervisory complaint in a swift procedure by decision.

2. If the supervisory complaint does not immediately appear inadmissible or unfounded, the appellate authority obtains the statement of the respondent and clarifies the facts of the case.

3. The appellate authority takes the necessary measures. It may amend or revoke contested official acts.

4. If a frivolous or evidently unfounded supervisory complaint is filed, the costs of the procedure may be imposed on the complainant.

1. If the respondent in the appeal is found guilty of gross negligence, the appellate instance may impose the procedural costs and a disciplinary fine of up to 2000 Swiss francs on them.

2. ...

1. A supervisory notification that does not meet the requirements of Sections 180 et seq. can be handled informally.

1. The Cantonal Court examines, upon request, whether certain legal provisions of an administrative nature in enactments of the communities (§ 1) are unconstitutional or unlawful, or otherwise contradict a superior legal provision.

2. Exempt from this examination are

a. the Cantonal Constitution, the cantonal laws, and decrees,

b. enactments of the national churches and their subordinate communities, if the subject matter of the dispute exclusively concerns the own rights of the national churches or their subordinate communities.

1. The request for review may be submitted by

a. any person whose legitimate interests may be violated in the foreseeable future by the application of the contested legal provisions;

b. the highest administrative authorities of the communities (§ 1), if the implementation of the enactment falls within their area of responsibility or could impair the legitimate interests of their community.

1. The request for review may be submitted within 30 days from the publication of the enactment.

1. The provisions concerning the appellate procedure (§§ 132-141) apply mutatis mutandis.

1. If a contested legal provision is unconstitutional or illegal, or otherwise contradicts a superior legal provision, the Cantonal Court shall annul it; the annulment shall be published in the Cantonal Gazette.

2. The annulment of a legal provision becomes generally binding upon the publication of the judgment.

1. Procedural costs consist of official costs and party indemnifications.

2. Official costs comprise fees for official activities (decision fees, writing fees, etc.), evidence costs, and other cash expenses of the authority.

3. Party indemnification is compensation for the costs of professional representation and the necessary appearance of the parties before authorities and experts.

1. The Executive Council shall regulate, by ordinance, the procedural costs for proceedings before administrative authorities.

2. The Cantonal Court shall regulate, by ordinance, the procedural costs for judicial proceedings in application of this law.

1. The authority may require an appropriate advance from the party initiating proceedings, which may become liable for costs, to secure official expenses.

2. If the party does not provide the advance within the granted period despite the threat of consequences, and the proceedings are not to be conducted ex officio, the authority is not obliged to proceed with the legal action.

1. The authority may require a reasonable advance payment for costs from the interested party, who would likely bear costs in the event of an unfavorable decision, for costly evidentiary measures, particularly expert opinions.

2. If the party fails to provide the advance payment within the granted deadline despite the threat of consequences, the evidentiary measure shall only be conducted insofar as the public interest requires it.

1. The authority shall determine the procedural costs in the dispositive section of its decision to the detriment of the obligated parties or communities. These costs may be set on a flat-rate basis.

2. If the appellate body annuls or modifies the contested decision, it may reassess and apportion the costs of the previous proceedings.

1. The party shall, subject to §§ 199 and 200, bear the official costs

a. in the first-instance administrative procedure, if it has caused the decision in its own interest or through its conduct;

b. in the objection procedure, if it has frivolously raised an inadmissible or obviously unfounded objection;

c. in the appellate procedure, if it is unsuccessful or its appeal is not admitted.

2. The withdrawal of a legal action is equated with its dismissal.

3. Anyone who causes unnecessary costs through conduct contrary to duty during the procedure, the late presentation of facts and evidence, or otherwise, shall bear such costs.

1. The cantonal instances do not impose any official costs on the canton and its authorities.

2. Municipalities and other public entities subordinate to the canton may be charged official costs by cantonal instances according to §198 if they are involved as a party under their own name or through an authority in an appeals procedure and have an economic interest in the legal dispute.

3. Furthermore, the cantonal appellate instances may impose official costs on municipalities and other public entities subordinate to the canton if their authorities are responsible for gross procedural defects or manifest legal violations.

1. The authority may, notwithstanding §§ 198 and 199, reduce the official costs or waive the imposition of costs if the parties have no economic interest in the matter or if special reasons, particularly the public interest in clarifying the issue in dispute, justify it.

2. If a party liable for costs is only partially unsuccessful, the official costs will be appropriately reduced.

1. When parties with opposing interests are involved in appellate proceedings, the prevailing party is awarded reasonable party compensation at the expense of the party that is defeated, withdraws, or whose request is not entered. In family law proceedings, party compensation may be determined differently from this principle.

2. If the lower court is accused of gross procedural errors or apparent legal violations, the prevailing party shall be awarded reasonable compensation for their representation costs at the expense of the public entity to which the lower court belongs.

1. In cases of lawsuits, the cantonal court may impose court costs wholly or partially on the plaintiff, regardless of the outcome of the proceedings, if the plaintiff filed the lawsuit without having duly notified the defendant of the claims as prescribed (§ 164), or if the judgment does not grant him significantly more than what the defendant offered before the proceedings commenced.

2. In all other respects, the court costs are allocated as in appellate proceedings.

1. Multiple parties shall bear the procedural costs imposed on them jointly in equal parts under joint liability, unless the decision stipulates otherwise.

1. The authority shall exempt an indigent party from the obligation to pay costs and advances, in whole or in part, upon a justified request.

2. If the nature of the dispute warrants it, the authority shall, upon justified request, assign an attorney who is authorized under the Legal Profession Act to represent parties, to an indigent party.

3. The official costs and attorney fees shall be borne by the public sector, insofar as no opposing party covers them.

4. A party that has been granted legal aid is obliged to repay the costs pursuant to paragraph 3 as soon as they are able to do so. Exceptions are made for the victim and their relatives pursuant to Article 30 paragraph 3 of the Federal Act on Assistance to Victims of Crimes (Victim Assistance Act) of March 23, 2007.

5. The claim of the public sector for repayment shall expire ten years after the conclusion of the proceedings.

1. The competent authority can exempt an indigent party from the official costs imposed on them, in whole or in part, upon a substantiated application.

2. The authority may delegate this power to another instance.

1. The collection agency may, with the authorization of the Cantonal Court or the competent department, conduct the proceedings required in connection with the enforcement of a cost claim.

2. The Cantonal Court or the competent department may delegate the conduct of proceedings to another administrative office or to a lawyer authorized to represent parties under the Attorneys Act.

1. Decisions that can be contested through an objection or an appeal with suspensive effect become final and enforceable

a. if the objection or appeal period has expired without use;

b. if the submitted objection or appeal is declared resolved without a substantive decision (§ 109) or is not entered into (§ 107).

2. Decisions against which no appeal with suspensive effect is permissible become final and enforceable upon delivery.

3. Excepted from this are decisions that exclude the suspensive effect of an appeal or grant it.

1. Authorized public entities and private individuals enforce decisions that obligate the liable party to make payments or provide security through debt collection proceedings.

2. Final decisions pursuant to the provisions of this law are equivalent to enforceable judicial judgments under Article 80, paragraph 2 of the Federal Act on Debt Collection and Bankruptcy.

1. In enforcement proceedings pursuant to Sections 209-218, decisions are enforced that obligate a party to a specific conduct (action, omission, toleration), excluding payments and security provisions.

1. The execution of decisions is ensured by the first-instance administrative authority, subject to differing provisions and orders.

2. The superior administrative authority may execute its remedies decisions itself or delegate this task to a subordinate administrative authority.

3. The materially competent department executes administrative court judgments in claim cases at the request of the entitled party, insofar as no other administrative body is responsible for this.

1. The authority uses the statutory coercive measures that are appropriate to the circumstances.

1. If someone is required by a decision to behave in a certain way (act, tolerate, refrain), the deciding authority may threaten a fine in the event of non-compliance pursuant to Article 292 of the Swiss Criminal Code. The enforcement authority holds the same power.

2. Other penal provisions that threaten the violation of the decision with punishment remain reserved.

3. If necessary, the enforcement authority shall file a criminal complaint or charge.

1. The authority referred to in Section 209 initiates the enforcement by substitution or direct coercion and manages the execution, also upon the request of another authority or an authorized private party.

1. The authority examines whether the decision was properly communicated and is enforceable.

2. Before the authority orders a substitute performance or direct coercion, it threatens the obligated party with the coercive measure and sets a reasonable deadline for fulfillment; it may associate this with the threat of punishment according to Article 292 of the Swiss Criminal Code.

3. The authority may order substitute performance or direct coercion without a warning if the circumstances require it or if the decision itself threatens the coercive measure and the granted deadline for fulfillment has expired.

1. The authority may request the necessary police assistance from the police command.

1. The authority determines the official costs to be reimbursed by the obligated party for the execution (§ 193 para. 2).

2. The obligated party may appeal the cost decision to the cantonal court.

3. Except for the canton and municipalities, communities as well as private individuals must reimburse the execution costs, subject to recourse against the obligated party.

4. The authority may require a cost advance from private individuals.

1. The cantonal supervisory authority provided for in the special laws may request the competent administrative authority of the municipality to initiate the enforcement procedure and, if necessary, take the necessary measures itself.

1. Unless otherwise provided by international treaties or concordats, the enforcement of decisions rendered by administrative authorities and administrative courts from outside the canton, which oblige a certain conduct, requires the approval of the competent department.

2. The department may make the enforcement contingent upon a declaration of reciprocity and may require an appropriate advance on costs.

3. The department entrusts the competent administrative body with the enforcement.

1. Objections to official acts in the enforcement procedure are permitted only in the form of supervisory complaints, subject to Section 215 paragraph 2.

1. Applicable Laws are amended in accordance with the Annex, which forms part of this Act.

1. Proceedings pending as of June 1, 1973, before an authority that is abolished and replaced by the Administrative Court, shall be concluded by the Administrative Court in accordance with the provisions of this law.

2. In all other cases, authorities shall conclude the proceedings pending as of January 1, 1973, according to the previously applicable provisions. However, the provisions of this law concerning the drafting and issuance of decisions (§§ 110-114) shall also apply to these decisions.

1. The provisions of this law regarding appeals also apply to decisions that were issued before its entry into force. Otherwise, the challenge of such decisions is governed by the regulations in effect at the time they were issued.

1. The provisions of the law, which concern or presume proceedings before the administrative court, shall come into force on June 1, 1973, the remaining provisions on January 1, 1973.