173.36 LPA-VDLJPA

CH-VD

Art. 9 Administrative Procedure Act (LPA-VD) - Grounds

Chapter I, Section II, Subsection III

Open official source Full Act (122 Articles) Machine-readable Markdown (.md)

Art. 9 LPA-VD - Grounds · Grounds

1. Any person called upon to render or prepare a decision or judgment must recuse themselves

a. if they have a personal interest in the case;

b. if they have acted in the same case in another capacity, notably as a member of an authority, as counsel for a party, as an expert, or as a witness;

c. if they are bound by marriage or a registered partnership or permanently share a household with a party, their representative, or a person who acted in the same case as a member of the previous authority; the dissolution of the marriage or registered partnership does not remove the ground for recusal;

d. if they are related by blood or marriage in a direct line, or up to and including the third degree in a collateral line, to a party, their representative, or a person who acted in the same case as a member of the previous authority;

e. if they could appear biased in any other way, particularly due to a close friendship or personal enmity with a party or their representative.

← Art. 8 LPA-VD - Conflicts of Jurisdiction Administrative Procedure Act (LPA-VD) - Purpose Art. 10 LPA-VD - Deadlines →

Court Decisions Applying This Provision (89)

AC.2024.0230 · vd (Art. 9 LPA-VD)

Council Decision Annulled Due to Biased Participation of Council Members

Cited in conjunction with Art. 40j LC and Art. 50 al. 1 RCG regarding the duty to recuse, which justifies the annulment of the decision due to an irregular composition.

AC.2023.0103 · vd (art. 9 LPA-VD)

Building Evacuation Appeal Due to Structural Instability

Cited in connection with the appellants' argument regarding the conflict of interest and recusal of the municipality members.

AC.2022.0257 · vd (art. 9 LPA-VD)

Municipal Order Upholding Basement Apartment Closure Due to Unpermitted Change of Use and Regulatory Violations

Cited in Order III for imposing judicial fees.

AC.2022.0261 · vd (art. 49, 55, 91 et 9 9LPA-VD)

Daillens Municipality v. Lussery-Villars Municipality (Asphalt Plant Permit Appeal)

These articles of the LPA-VD govern the allocation of court costs and attorney fees following the decision to dismiss the appeal.

AC.2021.0309 · vd (art. 9 let. d LPA-VD)

Appeal Against Refused Building Permit Due to Irregular Deciding Authority Composition

Basis for annulling the contested decisions due to an irregular composition of the Municipal body (municipal councilor related to a party).

AC.2021.0403 · vd (art. 9 al. 1 let. e LPA-VD)

Property Owner v. Tax Authority (Expert Recusal)

The decision was reformed to admit the request for recusal based on the appearance of bias arising from prior activities concerning the property.

9----------- · vd (Art. 9 LPA-VD)

Recusation Request Based on Prior Unfavorable Rulings and Warnings Rejected

This provision defines the grounds for mandatory recusal, forming the legal basis for the decision on the merits of the recusal request.

R.c.administrative · vd (Art. 9 ss LPA-VD)

Municipality v. Administrative Court: Recusal of Assessor Judge for Pre-Judgment Discussion

This legal framework governed the recusal procedure which the court ruled upon.

Arr.t.2021.1157 · vd (Art. 9 LPA-VD)

Insurance Office Appeal Regarding Invalidity Allowance and Right to be Heard

Cited in the reasoning section concerning costs, which implies its application in the dispositive regarding the procedure for challenging cantonal administrative decisions.

R.c.administrative · vd (Art. 9 LPA-VD)

Recusal Request Dismissed in Social Assistance Reduction Appeal

This provision establishes the duty to recuse oneself and was the basis for the decision on the recusal request.

D.cision.2021.69 · vd (Art. 9 LPA-VD)

Administrative Detention Prolongation and Recusal Request Dismissal

This article, cited in connection with the ground for rejection of the recusation request, concerns the duty of judges to recuse themselves.

AC.2020.0210 · vd (Art. 9 LPA-VD)

Neighbors v. Municipality (Zoning Compliance and Building Distance Calculation)

This procedural provision concerning the duty to recuse was referenced in the context of the applicants' request for the recusal of the municipality, which was ultimately rejected.

AC.2020.0092 · vd (Art. 9 LPA-VD)

Property Owners v. Municipality Regarding Roof Material Removal Order

The court confirmed the admissibility of the administrative law appeal based on this article.

R.c.administrative.2020.5 · vd (Art. 9 LPA-VD)

Recusal Denial Based on Political Affiliation

The primary ground for the court's decision to reject the motion for recusation, as this article outlines the grounds for recusation.

AI.140.18.153.2020 · vd (Art. 9 LPA-VD)

Appeal Regarding Disability Allowance Grade

Cited in relation to the deadline and jurisdiction for filing the appeal, although indirectly via art. 60 al. 1 LPGA which is not cited in the dispositive.