Ordinance on the Delegation of Powers of the Government Council (Delegationsverordnung, DelV) - Jurisdiction of the Department of Economic Affairs and Internal Affairs (DelV)

**1. The Department of Economic Affairs and Internal Affairs is responsible for:**

a) the approval of municipal regulations,

b) the approval of the statutes and dissolution of municipal associations with the consent of the specialized department, as well as acknowledging the subsequent or partial accession of a municipality to a municipal association,

bbis) the approval of the issuance or amendment of the institutional regulations of autonomous public-law municipal institutions,

c) the approval and enactment of land registers,

d) the reduction and waiver of land register fees,

e) * ...

f) * ...

g) the supervision of land registry offices,

h) the appointment and dismissal of prosecutors, including the deputies of the heads of the district public prosecutor's offices and the cantonal public prosecutor's office, as well as juvenile prosecutors,

i) the issuance of administrative directives concerning the conduct of the public prosecutor's offices and the juvenile prosecutor's office,

j) the supervision of the workflow of the public prosecutor's offices and the juvenile prosecutor's office,

k) handling complaints regarding the conduct of the public prosecutor's offices and the juvenile prosecutor's office,

l) the imposition of disciplinary measures against prosecutors appointed by the governing council, including the deputies of the heads of the district public prosecutor's offices and the cantonal public prosecutor's office, or juvenile prosecutors,

m) the election of the members of the conciliation committee for equality issues and the members of the conciliation authorities for rent and lease,

n) representing the canton in the Concordat Authority of the Intercantonal Police School Hitzkirch (IPH), regarding the approval of the IPH's annual accounts in agreement with the Department of Finance and Resources,

o) representing 50% of the cantonal votes at the general meeting of Hightech Zentrum Aargau AG, innovAARE AG, and VIACAR AG.

**1. The Department of Education, Culture and Sports is responsible for**

a) the decision regarding the allocation of cantonal contributions to homes and institutions of a social nature,

b) representing the canton at the shareholders' meeting of the Center for Democracy Aarau (ZDA), regarding the acceptance of the annual accounts of the ZDA in agreement with the Department of Finance and Resources,

c) representing the canton on the University Council of the Intercantonal University of Special Education Zurich (HfH), regarding the acceptance of the annual accounts of the HfH in agreement with the Department of Finance and Resources,

d) representing 50% of the canton's votes at the general meeting of Schulverlag Plus AG,

dbis) * representing the canton at the cooperative assembly of the Swisslos Intercantonal Lottery Cooperative,

e) the decision regarding the loan of the silver treasure from the Roman Museum to third parties, subject to § 33 paragraph 1 of the Ordinance to the Cultural Law (VKG) of November 4, 2009, as well as the decision regarding the creation of replicas of individual parts of the silver treasure for sales purposes,

f) the granting of special permits according to § 22 paragraph 2 of the School Law of March 17, 1981,

g) * ...

1. The Department of Finance and Resources is responsible for

a) representing the Canton at property owners' meetings, insofar as this responsibility is not delegated elsewhere,

b) the approval of project cost statements for construction projects in the field of building construction.

1. The Department of Health and Social Affairs is responsible for

a) the representation of 50% of the votes of the canton at the general meetings of Kantonsspital Aarau AG, Kantonsspital Baden AG, and the Psychiatric Services Aargau AG,

b) the approval of tariff agreements in accordance with Art. 46 para. 4 of the Federal Law on Health Insurance (KVG) dated March 18, 1994; appeals against this decision can be filed with the Federal Administrative Court (Art. 53 KVG). The responsibility of the Cantonal Government for other tasks assigned to the approval authority by the KVG remains reserved.

1. The Department of Construction, Transport and Environment is responsible for

a) the approval of accounts for the transportation infrastructure of the task area 640 (special financing road account),

b) decisions pursuant to § 8 of the Law on Flood Protection, Drainage, and Land Improvements in the Reuss Valley area (Reuss Valley Law) dated October 15, 1969,

c) contributions to third parties pursuant to §§ 16 and 19 of the Decree on Nature and Landscape Protection (NLD) dated February 26, 1985,

d) the assurance of contributions to third parties pursuant to § 7 of the Decree for the Protection of the Landscape of the Lägern and Geissberg (Lägern Protection Decree) dated December 13, 1977, § 10 of the Decree on the Protection of the Reuss and its Banks below Bremgarten (Reuss Bank Protection Decree, RUD) dated March 17, 1966, § 11 of the Decree for the Protection of the Hallwilersee Landscape (Hallwilersee Protection Decree) dated May 13, 1986, and § 13 of the Decree on the Protection of the Confluence Area Aare-Reuss-Limmat (Wasserschloss Decree, WSD) dated February 28, 1989, up to an amount of CHF 10,000,

e) decisions on expenditures for individual technical measures in favor of public transport up to the amount of CHF 500,000,

f) the appointment of the president of the Commission for Landscape and Townscape Protection,

g) approval of commitment credits up to CHF 3 million for road construction projects (planning and preparation, implementation) and maintenance measures in accordance with road legislation; the competence of the Grand Council is reserved pursuant to § 10 para. 1 of the Cantonal Road Law (Road Law, StrG) dated June 15, 2021,

h) * representing 50% of the Canton’s votes at the general meetings of AEW Energie AG and Axpo Holding AG,

i) representing the Canton in the A-Welle Council of the A-Welle tariff association, regarding the acceptance of the annual financial statement of the A-Welle tariff association in agreement with the Department of Finance and Resources,

j) * representing the Canton in the consortium meeting of the Kölliken hazardous waste landfill, regarding the acceptance of the annual financial statement of the Kölliken hazardous waste landfill in agreement with the Department of Finance and Resources,

k) * the decision on the allocation of contributions from the cantonal special financing value-added levy pursuant to § 28f of the Law on Spatial Planning and Construction (Construction Law, BauG) dated January 19, 1993.

1. The competent department elects members to existing governmental advisory commissions and establishes commissions according to § 34 paragraph 3 of the Organizational Act.

2. The competent department may, with the approval of the State Chancellery, grant contributions chargeable to the competence amount of the government council up to the amount of CHF 20,000.

3. The State Chancellery is responsible for the approval of early opening of ballot boxes in accordance with § 20 paragraph 4 of the Act on Political Rights (GPR) of March 10, 1992.

4. The Cantonal Emergency Staff (CES) is responsible for submitting requests for military disaster relief assistance to the army.

1. If the departments cannot reach an agreement on matters requiring approval, the government council shall decide.

1. The department handles supervisory notifications directed against offices and divisions of a department or against subordinate organizational units within its jurisdiction. If the supervisory notification is directed to multiple members of the government council, the competent department ensures the coordination of the response and provides copies of the response letter to the affected government council members.

1. In the following cases (§§ 10-13), the government council delegates its competence to assess objections and appeals to the departments.

2. Where the contested decision is based on a binding directive or a partial decision of a department and an appeal is directed against it, the competence of the government council remains.

3. Insofar as the departments are subsequently competent as the court of first instance, the government council waives its decision-making authority as an appellate body.

1. The Department of Economic Affairs and Home Affairs is responsible for

a) * Administrative and municipal complaints pursuant to § 109 of the Act on Municipalities (Municipal Act) of December 19, 1978, excluding complaints against police measures and police coercion pursuant to the Act on the Assurance of Public Security (Police Act PolG) of December 6, 2005,

b) Complaints against the fees set by the municipalities pursuant to § 17 of the Decree on Fees for Official Acts of Municipalities (Municipal Fees Decree, MFDe) of October 28, 1975,

c) * Complaints against decisions of the land registry offices,

d) * Complaints against decisions of the road traffic office,

e) * ...

f) Complaints concerning voting rights as well as election and voting complaints pursuant to § 71 para. 2 GPR,

g) * Complaints against first-instance decisions of the Office for Penal Execution pursuant to § 3 paras. 1 and 2 of the Ordinance on the Execution of Sentences and Measures (Penal Execution Ordinance, PEO) of September 23, 2020,

h) * Complaints against decisions of the Office for Economy and Labour (OEL) in the area of industrial and commercial inspection, which have not been issued based on accident insurance legislation.

1. The Department of Education, Culture, and Sport is responsible for

a) * Appeals against decisions made by the school administrations of secondary schools and the Aargau Adult High School as well as the promotion conferences of secondary schools,

b) * ...

c) * Appeals against decisions made by service providers in accordance with § 17 para. 2 of the Ordinance on School Services (V School Services) dated May 3, 2017[19].

**1. The Department of Health and Social Affairs is responsible for**

a) * appeals against decisions of municipal authorities, district physicians, and district veterinarians in the enforcement area of cantonal health legislation,

b) * appeals against decisions of municipal authorities and the cantonal veterinary service in the enforcement area of dog legislation,

c) * ...

d) * appeals against decisions of the Cantonal Social Service pursuant to § 39 Paragraph 1 lit. a-f of the Social Assistance and Prevention Ordinance (SPV) dated August 28, 2002,

e) appeals against decisions of the cantonal veterinary service in the enforcement area of animal protection legislation,

f) * appeals against decisions of municipalities in non-pecuniary disputes in the area of civil protection and population legislation,

g) * appeals against decisions of the Cantonal Chemist and the Cantonal Veterinarian in the enforcement area of legislation concerning foodstuffs and consumer goods, and related legal areas,

h) * appeals against decisions of last-instance municipal authorities, the Licensing Examination Commission, and the Office for Consumer Protection (AVS) in the enforcement area of cantonal legislation on gastronomy and the retail trade with alcoholic beverages.

1. The Department of Construction, Traffic, and Environment is responsible for

a) Appeals against decisions of municipal councils

1. in the application of building and environmental protection legislation, including municipal building regulations and regulations in the field of water supply,

2. in the application of water protection legislation,

3. concerning road traffic advertisements according to § 3 of the Law on the Enforcement of Road Traffic Regulations dated March 6, 1984[21],

4. concerning traffic restrictions and orders,

b) the decision on objections and finalized road construction projects for cantonal roads with construction costs up to CHF 1 million, as well as the decision on objections and finalized water construction projects with construction costs up to CHF 1 million; the governing council remains responsible if, in cases of simultaneous granting of expropriation rights, the affected property owners have raised objections against the expropriation,

c) Appeals against decisions of the district forestry offices in the enforcement area of forest legislation regarding

1. the existence and scope of a prohibition or the obligation to obtain a permit,

2. the granting, refusal, withdrawal, or modification of a permit.

1. The departments instruct objections, appeals, and complaints against decisions of subordinate authorities, offices, and non-independent institutions for the attention of the Government Council.

2. The following decisions are delegated to the departments

a) Declaration of waiver of the decision if the appellants agree to a direct appeal,

b) Issuance of a non-admission decision in the event of non-payment of the advance on costs,

c) Granting consent for reconsideration,

d) Issuance of a partial or interim decision,

e) Issuance of a decision in the event that the proceedings are moot, an appeal is withdrawn, or a settlement is reached, as well as allocation of procedure and party costs,

f) Determination of the amount of party costs.

1. In justified individual cases, particularly those with significant political impact, special importance, or cases with considerable precedent-setting effects, a delegated matter may be submitted to the Executive Council for a decision. The procedure is instructed by the department responsible for the matter.

2. If the head of the department has previously been involved in a matter, the decision is made by the Executive Council. The procedure is instructed by the legal service of the Executive Council.

1. The competent department provides statements to appellate bodies if it has instructed the respective procedure or if it made the prior decision and the government council has upheld this decision in the appeal procedure.

2. Section 15 paragraph 1 applies mutatis mutandis.

1. The Department of Construction, Transport and Environment, or, after consultation with it, the Department of Finance and Resources, represents the Executive Council in proceedings concerning the added value levy according to the Building Act. Both departments are specifically authorized to take legal action in these proceedings, to withdraw them, and to conclude settlements.

1. Proceedings pending at the time of enactment shall be concluded according to the previous jurisdictional order.

1. This Regulation shall enter into force on August 1, 2013.