Act on Judicial Protection in Administrative Matters (Administrative Justice Act) (Verwaltungsrechtspflegegesetz) - Scope

1. The provisions of Section 1 apply to the procedures before the administrative authorities of the municipalities, districts, and the canton, unless there are differing regulations in

a) other laws

b) decrees or ordinances based on statutory authorization

1. Members of Authorities and Employees of Public Administration Must Recuse Themselves

a) In Their Own Matters

b) * In Matters Concerning the Spouse, Fiancé, Registered Partner, Relatives and In-laws in Direct Line (Articles 20 and 21 of the Swiss Civil Code), Stepparents, Stepchildren and Their Spouses and Registered Partners, Siblings and Half-Siblings, Their Spouses, Registered Partners and Children, Uncles and Aunts and Their Children, Parents-in-law and Children-in-law

c) * In Matters of a Person to Whom They Are in a Custodial Relationship or Whose Guardian, Guardian ad Litem, or Attorney They Are

d) In Matters in Which They Themselves or a Party on Grounds of Well-Founded Doubts About Their Impartiality and Neutrality Request Recusal

e) If They Have Already Participated in the Matter in Another Instance or in Another Official Capacity or Have Testified as Judicial Witnesses or Experts

2. If the Recusal is Contested, the Decision Shall Be Made by the Supervisory Authority or, If It Concerns the Recusal of a Member of a Collegial Body, by That Body, Excluding the Member Whose Recusal is Contested.

1. Submissions to an Incompetent Administrative Authority

Submissions to an incompetent administrative authority shall be forwarded ex officio and, as a rule, with notification to the sender, to the competent administrative authority.

1. The Executive Council may, in agreement with the Higher Court, enable electronic communication in proceedings before administrative authorities and, for this purpose, issue regulations concerning the requirements for electronic submissions and the admissibility of electronic communications from authorities, in accordance with the relevant federal regulations.

1. The authority may take precautionary measures to secure threatened legal interests. In the case of collegiate authorities, the chairman is authorized to do so in urgent cases.

1. If multiple individuals are involved in a proceeding and have submitted a joint application or substantively identical applications, the administrative authority may require them to designate a joint domicile for notification or a common representative. Should the parties fail to comply with this request within a reasonable time frame, the administrative authority may either designate a domicile for notification or appoint a representative.

1. Parties involved in proceedings with a registered office or residence abroad may be required to designate an authorized recipient for notifications in Switzerland. If they do not comply with this request, the administrative authority may either replace notifications with official publications or refrain from considering the submission.

1. The administrative authority investigates the facts of the case ex officio by questioning the parties involved and potential witnesses, through inspections, consultation with experts, documents, and official reports, or by other means.

2. The government council and the municipalities designate suitable persons who, in analogous application of the provisions of Art. 169 et seq. and Art. 191 et seq. of the Swiss Civil Procedure Code, can accept the evidence of testimony, party questioning, and evidentiary statement.

3. Anyone employed in the canton of Schaffhausen for the fulfillment of public tasks and possessing the necessary expertise may only refuse the appointment as an expert for important reasons.

4. Experts are informed, upon request, of the decisions in proceedings in which they were involved.

1. The parties have the right to inspect the records, provided that important public or legitimate private interests do not conflict with this right.

1. Orders that conclude a matter shall be communicated in writing

a) to the applicant, unless an immediate oral response was given to their application

b) to the other parties involved in the proceedings

c) to other persons upon their request, if they are affected in their rights by the substantive resolution of a matter

2. If a large number of people or persons of unknown whereabouts are affected by the orders, or if the affected persons cannot be fully identified without disproportionate effort, or if the order cannot be delivered, it may be officially published or it may be indicated through publication that it can be obtained from an official office within a certain period.

1. Anyone who has a legitimate interest may demand from the authority responsible for actions affecting rights or obligations that it

a) refrains from, ceases, or revokes unlawful actions;

b) remedies the consequences of unlawful actions;

c) determines the unlawfulness of actions.

2. The authority decides by means of an order.

1. Written decisions must be identified as such, accompanied by a statement of reasons, and, if the authority's decision is not final, include instructions on legal remedies, even if the authority presents them in letter form.

2. Instructions on legal remedies must specify the permissible remedy, the appellate instance, and the time limit for the appeal.

3. The authority may waive the statement of reasons and instructions on legal remedies if

a) * the requests of the parties involved in the proceedings are fully granted, or

b) * the parties involved in the proceedings are informed that they may request a statement of reasons with instructions on legal remedies in writing within 10 days from notification; the time limit for appeal commences upon receipt of the reasoned decision. If no statement of reasons is requested within the specified time, the decision becomes legally binding.

4. If the statement of reasons and instructions on legal remedies are waived, a brief rationale must be included in the records.

1. The day on which a time limit begins or the day on which a decision is communicated is not included in the computation of the time limit. If the last day of the time limit falls on a Saturday or a public holiday, the time limit ends on the next business day.

2. Written submissions must reach the authority or be handed over to the Swiss postal service for dispatch to the authority by the last day of the time limit at the latest.

3. If the submission is received in time by an incompetent authority, the deadline is considered to have been met.

1. Statutorily prescribed deadlines cannot be extended.

2. Deadlines set by authorities may be extended upon request for sufficient reasons, provided the request is made before the expiration of the deadline.

1. A missed deadline may be reinstated if the party in default is not guilty of gross negligence.

1. Orders may be amended or revoked by the issuing authority or by the supervisory authority if the revocation does not impose a burden on the affected parties or if it is warranted by significant public interests.

2. If a person, relying in good faith on the revoked order, has incurred expenses or made arrangements and suffers damage as a result of the revocation, they are entitled to equitable compensation, provided they are not at fault for the revocation. The claim is directed against the public entity, whose body issued the revoked order.

1. Administrative authorities may charge fees for their official acts and demand reimbursement of cash expenses.

2. The fee rates, insofar as they are not established in laws or decrees of the Cantonal Council, are determined by regulation.

1. A private individual can be required to provide an adequate cash advance for procedural costs under the threat that their request will not be addressed if they fail to do so.

1. Reckless Initiation or Conduct of Proceedings may be Sanctioned with a Regulatory Fine of up to CHF 1,000.00; a person may also be penalized for conduct in violation of duty or behaving improperly during the proceedings.

1. Orders from a lower administrative authority or a department, by which a decision is made regarding recusal or jurisdiction, or a matter is resolved, can be appealed to the Government Council, unless the possibility of appeal is expressly excluded.

1bis. Other interim decisions are subject to appeal if they may cause irreparable harm to the affected party.

2. In the case of a municipal authority, the possibility of appeal to the Government Council is only available after the highest competent body of the municipality has made a decision on the matter.

**1. Right to Appeal**

1. The right to appeal is granted to anyone who demonstrates a legitimate personal interest in the modification or annulment of the order.

2. Furthermore, the right to appeal in order to protect public interests is granted to the competent authority of the municipality, the public legal corporation, or the independent public legal institution.

3. Special provisions of federal law and cantonal law that provide an appeal right to additional persons, organizations, and authorities are reserved.

1. A recourse may be used to challenge any procedural defects and the contested order.

2. New procedural requests, new factual allegations, and the designation of new evidence are permissible.

1. The appeal must be submitted in writing to the appellate authority within 20 days after the notification or, in the absence of such, after becoming aware of the contested order.

2. In cases of special urgency, the issuing authority may shorten the appeal period to as little as 48 hours.

1. The appeal document must contain an application and its reasoning and must be signed. The contested decision should be attached or precisely identified.

2. If the appeal document does not meet these requirements, the appellant will be given a short period to remedy the deficiency, with the warning that otherwise the appeal will not be entertained.

3. Upon request submitted with the appeal document, the deadline for providing reasoning may be reasonably extended.

1. The evidence referred to by the appellant shall be precisely identified and, as far as possible, enclosed.

1. The appeal has a suspensive effect unless the lower court orders otherwise for specific reasons.

2. The appellate body may issue a contrary decision. In urgent cases, the chairperson of a collegial authority is authorized to do so.

1. If the appeal is to be admitted and is not evidently unfounded, the previous instance will obtain the records.

2. Other parties involved in the proceedings as well as the previous instance itself are given a limited opportunity to submit a written statement.

3. The appellate instance may order an additional exchange of briefs and summon the parties to an oral hearing.

4. The appellate instance shall decide on a legal remedy within 9 months of its submission.

5. The decision must be issued within 90 days from the conclusion of the fact-finding process. The parties will be informed of the conclusion of the fact-finding. If the appellate instance cannot adhere to this deadline, it shall inform the parties of the reasons and indicate the date by which the decision will be delivered.

1. The authority to render interim decisions lies with the head of the department to which the handling of the appeal has been assigned, or, in the case of other appeal responsibilities, with the person leading the proceedings.

2. Upon request, he or she shall determine by interim decision that a part of the contested administrative act has become final and legally binding if the corresponding orders can be implemented independently of one another.

1. The appellate instance may decide in favor of the appellant beyond the scope of the appeal request or alter the contested order to their detriment.

1. The decision on the appeal must be reasoned and communicated in writing to the appellant, any other parties involved in the appellate procedure, and the lower instance.

1. The appellate authority typically imposes the procedural costs, consisting of the state fee and cash expenses, on the losing party; if the losing party is only partially at fault, the procedural costs are reduced. For sufficient reasons, the imposition of procedural costs on the losing party may be waived.

2. If several persons have jointly filed an appeal, they are jointly and severally liable for the procedural costs.

3. Authorities may be imposed procedural costs if their legal requests or the contested order were obviously unfounded.

1. The unsuccessful party or authority may be required to provide reasonable compensation for the opponent's extrajudicial costs if their legal claims or the contested order were obviously unfounded.

1. The appellate instance or, if a collegial authority decides as such, its chairperson may, after the filing of the appeal, exempt an indigent party, whose request does not appear to be without prospects from the outset, from paying procedural costs upon application.

2. If the indigent party is unable to conduct their case on their own, the appellate instance may also appoint an expert assistant to the party. If a lawyer is appointed for free legal assistance, the corresponding provisions of the Judiciary Act regarding remuneration shall apply mutatis mutandis.

3. Furthermore, the provisions of the Swiss Code of Civil Procedure regarding free legal aid shall apply mutatis mutandis.

1. Complaints may be filed at any time with the supervisory authority due to improper treatment by public authorities, particularly due to denial of justice or delay in legal proceedings.

2. Articles 18 and 21 to 27 shall apply mutatis mutandis to this complaint procedure.

1. Any person may report facts that require intervention against an authority in the public interest by the supervisory authority at any time. The informant does not have the rights of a party. The manner of resolution shall be communicated to them.

2. In cases of frivolous or malicious initiation or conduct of a supervisory complaint, costs may be imposed on the informant.

1. If an administrative authority's order can no longer be appealed or if the appeal does not have a suspensive effect, it can be enforced by

a) Debt collection in accordance with federal law provisions, if the order is directed towards payment of money or provision of security

b) Substitute performance at the expense of the obligor

c) Direct coercion against the obligor or on objects in their possession. Police assistance may be utilized for this purpose

2. Substitute performance and the application of direct coercion must be threatened beforehand. An appropriate deadline for fulfillment must be set for the obligor at the same time. In urgent cases, the threat of coercion may be dispensed with.

1. The authority may threaten the punishment provided by law for the case of disobedience.

2. If the applied decree does not contain a penal provision, the penalty provided in Article 292 of the Swiss Criminal Code may be threatened.

1. The administrative court jurisdictions are regulated in the Judicial Act.

1. The provisions of Section 3 apply

a) to the proceedings before the Higher Court as a general administrative court and as an administrative court in specialized areas, as well as in jurisdictional conflict proceedings and as a supplement in judicial review proceedings

b) to the proceedings before the Arbitration Court in social security matters

c) to the proceedings before the Judicial Administration Commission

2. Special provisions of federal law and cantonal law remain reserved.

1. A person whose own protectable interests are infringed may raise the following issues with an administrative court appeal

a) any legal violation

b) excess or abuse of discretion

c) incorrect or incomplete determination of the legally relevant facts

2. An administrative court appeal cannot be filed solely on the grounds of mere unreasonableness of the decision.

3. Special provisions regarding standing and grounds for appeal remain reserved, particularly the regulations of federal law and cantonal law, which grant a right of appeal to additional persons, organizations, and authorities.

1. For the proceedings before the High Court as the cantonal insurance court and before the arbitration court in social insurance matters, the provisions of Articles 56-61 of the Federal Act on the General Part of the Social Insurance Law shall apply - including for the area of cantonal social insurance law - in conjunction with the following provisions.

2. The arbitration court in social insurance matters may initially conduct an attempt at mediation.

1. For proceedings before the Higher Court acting as the Tax Appeal Authority, the provisions of Art. 161 et seq. of the Law on Direct Taxes apply—if applicable, mutatis mutandis—for cantonal tax law, and the provisions of Art. 140 et seq. of the Federal Act on Direct Federal Tax apply for federal tax law, each in conjunction with the following provisions.

1. Beyond the attorneys authorized for legal representation in proceedings, the following are permitted for professional party representation

a) qualified practices in social insurance law

b) professional and workers' secretaries, or individuals in similar positions, for the representation of insured persons in social insurance disputes

c) trustees in tax matters and in disputes concerning contributions to social insurance law

2. The court may exclude individuals from representation in these cases if it appears necessary for the proper safeguarding of the party's interests.

1. Unless there are specific time limits provided by cantonal or federal law, appeals must be submitted to the Supreme Court in writing within 20 days of the notification of the contested decision.

2. In judicial proceedings in the area of cantonal tax law, there are no court holidays.

1. Appeals must contain a petition and its justification.

2. If an appeal does not meet these requirements, the Higher Court sets a reasonable deadline for improvement and warns that otherwise the appeal will not be considered.

3. Upon request submitted with the appeal, the deadline for justification may be reasonably extended.

4. The contested decision must be enclosed.

1. Appeals have a suspensive effect unless the decision being appealed specifies otherwise for particular reasons. The higher court may issue a contrary order. It may also impose provisional measures.

2. ...

1. If the appeal does not appear immediately to be unfounded, a deadline is set for the lower court and the parties involved to submit a written statement. All relevant documents must be attached to this statement.

2. The Higher Court may order an additional exchange of written submissions.

1. The higher court may order a hearing. This may be conducted in addition to the written submission or may replace it.

1. The evidence required to establish the facts of the case shall be collected ex officio. The conduct of the evidence procedure may be wholly or partially delegated to a commission of the court.

2. The parties involved shall be given the opportunity to comment on the results of the evidence procedure.

3. The record of the evidentiary hearing shall include its essential results. Audio recording devices may be used to assist in maintaining the record. The record is to be prepared during or as soon as possible after the hearing and must be signed by the person responsible for keeping the record.

1. The proceedings before the Higher Court are public, with the exception of tax matters.

2. The Higher Court may exclude the public for important reasons.

3. The court's deliberations are not public. The parties may also not attend them.

1. The higher court may alter the decision to the disadvantage of the petitioner or grant them more than they have requested. The parties must be given an opportunity to comment beforehand.

1. The decision of the Higher Court must be reasoned and communicated in writing to the parties involved in the proceedings. Prior to this, a pronouncement may take place orally or by delivery of the operative part.

2. If the decision is announced without a written justification, the Higher Court shall inform the parties involved in the proceedings that the decision will become final if no party requests a written justification within 30 days.

1. The provisions of the Swiss Civil Procedure Code and the Judicial Act apply mutatis mutandis to the consequences of costs and compensation.

2. Prevailing authorities are generally not awarded party compensation.

3. In matters of social security, with the exception of proceedings before the arbitration court in social security matters, the procedure is generally free of charge for the parties. In cases of negligent or frivolous litigation, the procedural costs may be imposed on the party concerned.

1. For the review of decisions, the provisions of Art. 328 et seq. of the Swiss Code of Civil Procedure shall apply mutatis mutandis.

1. To the extent that this section does not contain specific provisions for the procedure, the provisions of the Swiss Code of Civil Procedure and the procedural regulations of the Justice Act apply mutatis mutandis.

2. In administrative court proceedings, Articles 4a, 4b, 6, 7, and paragraph 2 of Article 18 of this Law are also applicable.

1. The request for review of decrees can be submitted at any time.

1. The application can be submitted by natural or legal persons who could potentially have their legitimate interests harmed by the application of these provisions in the foreseeable future.

2. Likewise, the highest administrative authorities of the canton, municipalities, and public-law corporations and institutions are entitled to submit an application.

1. The deliberation is public.

1. The Higher Court annuls the contested provisions that are unconstitutional and unlawful.

2. The annulment decision is to be published appropriately.

1. The President of the Supreme Court may grant suspensive effect to the request for the review of decrees. This decision must be appropriately published. As of the date of publication, no pending proceedings involving the application of the contested provisions may become res judicata.

2. The annulment decision of the Supreme Court becomes generally binding upon publication.

3. Orders and decisions that are not yet res judicata at this time and that are based on the annulled provisions become void.

1. The Challengeability of Orders and Decisions issued before the entry into force of this law shall be governed by the regulations in effect at the time of their issuance.

1. This law shall enter into force upon its acceptance by the people and is to be included in the cantonal legal collection. However, the approval of Article 37 by the Federal Assembly and Articles 38 to 50 by the Federal Council remains reserved.

1. The revised Articles 24 and 24a of the Administrative Justice Act (VRG) apply to appellate proceedings in which the appeal is filed after the enactment of the mentioned provisions.