173.36
LPA-VDLJPA
CH-VD
CH-VD
Art. 29 Administrative Procedure Act (LPA-VD) - Means of Evidence
Chapter II, Section III
Art. 29 LPA-VD - Means of Evidence · Means of Evidence
1. The authority may resort to the following means of evidence
a. hearing of the parties;
b. local inspection;
c. expert opinions;
d. documents, titles and official reports;
e. information provided by the parties, authorities, or third parties;
f. testimonies.
2. Other means may be used if they are suitable for providing evidence and if they do not result in an infringement of personal liberty.
3. The hearing of parties or witnesses must be conducted by the authority itself, or by a delegated person.
4. The taking of evidence shall be recorded in minutes.
5. During the investigation or debates, a transcription or recording of the proceedings by any means, including on sound or image carriers, may be ordered ex officio or upon request.
6. Parties requesting the administration of evidence may be required to advance the costs thereof. Free proceedings are reserved.
Court Decisions Applying This Provision (49)
GE.2024.0168 · vd (art. 29 al. 6 LPA-VD)
Appeal Against Conditions Imposed on Access to Construction File
Cited in the reasoning (3.a) to specify the exceptional cases where an advance payment of costs can be required.
AC.2022.0138 · vd (Art. 29 LPA-VD)
Property Owner Appeal Regarding Unauthorized Construction and Obstruction of Inspection
Cited as the legal basis allowing the court to implement an expertise to establish the facts.
GE.2023.0126 · vd (art. 29 al. 4 LPA-VD)
Appeal Dismissed Regarding Teacher Training Internship Failure and Evaluation Dispute
Cited to dismiss the appellant's argument that the intermediate conference should have been recorded via minutes.
GE.2022.0159 · vd (art. 29 al. 1 let. a LPA-VD)
Refusal to Renew Operating Authorization Due to Criminal Record
Cited in the reasoning regarding the court's power to order the hearing of parties as evidence, though not used in the final orders.
PS.2022.0036 · vd (art. 29 al. 1 let. e LPA-VD)
Social Assistance Eligibility and Restricted Third-Pillar Savings
Cited as a means the authority can use to establish facts (requesting information from third parties).
PS.2022.0030 · vd (art. 29 al. 1 LPA-VD)
Social Assistance Recipient vs. Divestment of Inherited Funds
Cited regarding possible means of proof (though not explicitly in the final orders I-V).
AC.2021.0180 · vd (art. 29 al. 1 let. b LPA-VD)
Property Owners v. Municipality Regarding Unauthorized Pipe Deviation and Remediation Order
Cited to establish that the authority may carry out an on-site inspection if necessary for instruction, justifying the rejection of the request based on the case file completeness.
AC.2020.0250 · vd (art. 29 al. 1 let. f LPA-VD)
Owner's Appeal Against Municipal Demolition and Compliance Orders for Annexes and Poultry Shed
Cited regarding the possibility of submitting evidence offers like witness testimony.
MPU.2021.0009 · vd (art. 29 al. 1 let. a et f LPA-VD)
Contractor Appeal: Unlawful Modification of Bid Evaluation Criteria
Cited in the reasoning regarding the court's power to hear parties and witnesses.
PE.2020.0090 · vd (art. 29 al. 1 let. e LPA-VD)
Appeal Regarding Refusal of EU/EFTA Residence and Family Reunification Permit
Cited as context regarding the basis upon which the administrative authority should conduct further investigation (not explicitly cited in the operative part III, but relevant to the remittal order).
PS.2020.0095 · vd (art. 29 al. 1 let. a et f LPA-VD)
Social Assistance Termination and Restitution Upheld for Failure to Disclose Assets
Cited in the reasoning regarding the authority's power to hear parties and witnesses.
PE.2020.0252 · vd (art. 29 al. 1 let. a et f LPA-VD)
Residency Permit Refusal Overturned Due to Lack of Current Public Order Threat Despite Criminal History
Cited regarding the authority's power to hear parties and witnesses.
MPU.2021.0007 · vd (art. 29 al. 1 LPA-VD)
Bid Exclusion Upheld Due to Software Incompatibility in Public Tender
Cited in the reasoning section (point 2.b) regarding the power of the authority to use local inspections as a means of evidence.
CR.2020.0047 · vd (art. 29 al. 1 let. a LPA-VD)
Driving License Withdrawal for Recidivism Upheld Despite Personal Hardship
Cited in the context of the court's power to order party hearings as a means of evidence, related to the procedural order concerning the request for an oral hearing.
CR.2020.0037 · vd (art. 29 al. 6 LPA-VD)
Appeal Against Refusal to Advance Mandatory Medical Expertise Costs for Suspended Driver
Cited regarding the conditions under which parties requesting evidence may be required to advance costs.