Administrative Procedure Act (VerwVG) - Scope of Application (VERWVG)

1. This law applies to procedures before the administrative authorities of the canton, the districts, the fire protection community of Appenzell, as well as the school and church communities, insofar as these are to be resolved by first-instance decisions or in the appeal procedure.

2. This law does not apply insofar as federal statutes, concordats, the introductory act to the Swiss Code of Criminal Procedure, and the law on public procurement contain divergent provisions.

3. Provisions of cantonal law that regulate procedures more thoroughly shall apply, insofar as they do not contradict the provisions of this law.

1. Orders are considered to be directives issued by administrative authorities in individual cases based on public law, and they pertain to the following

a) The establishment, alteration, or repeal of rights or obligations;

b) The determination of the existence, non-existence, or scope of rights or obligations;

c) The rejection of requests for the establishment, alteration, repeal, or determination of rights or obligations, or the refusal to consider such requests.

2. Orders also include enforcement orders, interim orders, objection decisions, appeal decisions, decisions within the context of a revision, and clarifications.

1. The order shall contain

a) the designation of the issuing administrative authority and, if applicable, the names of members who are recused according to Art. 9;

b) the facts of the case, the legal provisions, and the reasoning on which it is based;

c) the decision of the administrative authority;

d) the determination of costs and cost-bearing responsibilities;

e) instructions on the admissible ordinary legal remedies, including the appeal period and the appellate instance;

f) the signature of the chairperson of the administrative authority and, if applicable, the secretary;

g) the addressees;

h) the date of the order as well as the date of dispatch.

2. Exceptions apply to non-written procedures and, when an ordinary legal remedy is available, deviations from paragraph 1, letter a in matters where a large number of similar orders are issued.

1. The decision shall generally be communicated to the parties in writing.

2. If the decision has been communicated orally, the parties may request written communication within seven days. In this case, the period for appeals commences from the written communication.

1. The administrative authority may announce its decision through publication in the official publication organ

a) to a party whose whereabouts are unknown and who has no available representative;

b) to a party who is abroad and has no available representative, if delivery at their location is impossible;

c) in a matter with numerous parties;

d) in a matter where the parties can only be fully determined with disproportionate effort.

1. Parties are considered to be individuals whose rights or obligations may be affected by the order, as well as other individuals, organizations, or administrative authorities entitled to appeal against the order.

1. The administrative authority shall ex officio examine its territorial and subject-matter jurisdiction, as well as the observance of deadlines.

2. If the administrative authority considers itself to be without jurisdiction, it shall without delay transfer the matter to the competent authority.

3. Establishing jurisdiction that deviates from the law through an agreement between the authority and the party is precluded.

1. The administrative authority that considers itself competent shall determine this by order if a party contests the jurisdiction.

2. The administrative authority that considers itself incompetent shall dismiss the case by order if a party asserts the jurisdiction.

3. Jurisdictional conflicts between administrative authorities are determined by the Professional Commission.

1. Persons required to make or prepare a decision must recuse themselves if they

a) have a personal interest in the matter;

b) * themselves, or if individuals to whom they are married, in a registered partnership, or in a de facto living arrangement, their relatives and in-laws in direct line or up to the second degree laterally, individuals whose spouses or registered partners are siblings, their foster or step-parents, or their foster and step-children are personally involved in the matter;

c) are representatives of a party or have acted for a party in the same matter;

d) have dealt with the same matter in a lower administrative authority;

e) appear biased for other reasons in the matter.

2. If an administrative authority is not able to make a decision due to the recusal of its members, it shall be supplemented as follows

a) in the case of the Commission of Standards, by the inclusion of captains;

b) in the case of district councils, from the subsequent district council according to the enumeration of Art. 15 Para. 1 KV.

3. If another administrative authority is unable to make a decision due to recusal, the administrative authority determined by the Commission of Standards on a case-by-case basis shall decide in its place.

4. If the recusal is disputed, the Commission of Standards shall decide on it; in cases of disputed recusal requests against members of the Commission of Standards, a decision shall be made in the absence of the affected members.

1. A party may be represented if they are not required to act in person.

2. If more than 10 individuals appear in a matter with collective or individual submissions to pursue the same interests, the authority can require them to appoint one or more representatives for the proceedings.

3. The administrative authority may request the representative to demonstrate their authority through a written power of attorney.

4. As long as the party does not revoke the power of attorney, the administrative authority directs its communications to the representative.

1. Administrative Authorities and Parties Use the German Language.

1. Requests must be submitted in writing with a brief justification.

2. Any possible evidence must be specified and, as far as possible, enclosed.

1. The administrative authority shall establish the facts ex officio and, if necessary, make use of the following evidence

a) documents;

b) information from the parties;

c) statements or testimonies from third parties;

d) inspection;

e) expert opinions;

f) official reports.

2. The authority may have the evidence procedures conducted by a committee, a single member, or an employee.

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

a) in a proceeding that they have initiated by their request;

b) in another proceeding, insofar as they make independent requests therein;

c) to the extent that another cantonal law imposes a more extensive duty of disclosure or information on them.

2. The administrative authority shall set reasonable deadlines for the necessary and reasonable cooperation of the parties. If the deadlines are not met, the administrative authority may issue a decision without regard to the defaulters or may refuse to consider their requests as outlined in paragraph 1, provided it has threatened to do so.

1. Persons or administrative authorities against whom a submission is directed shall be given the opportunity to comment, unless the submission is clearly inadmissible or unfounded.

2. Orders that impose significant burdens are permissible only if the affected parties are aware of the essential facts and have had the opportunity to comment. Exceptions to this are orders issued as a result of a public consultation process and the assessment of taxes, charges, and fees.

3. These provisions do not apply if an immediate order must be issued due to danger and the parties are entitled to a legal remedy against this order.

1. The parties are entitled to inspect the files, unless there are overriding public interests or legitimate private interests that oppose such inspection.

2. The refusal to permit inspection must be noted in the files with a brief justification. The essential content of a document, to which access is denied, must be communicated as far as possible without violating the protected interest.

1. The competent administrative authority may take precautionary measures to preserve the current condition or to protect threatened legal interests.

1. The parties may present new claims and rely on new facts, evidence, and provisions until the conclusion of the proceedings.

1. The administrative authority decides based on the facts at its free discretion of the evidence.

2. It is not bound by the requests of the parties.

3. It applies the law ex officio.

1. Collegial bodies have a quorum when the majority of their members are present. If substitute members are legally provided for, then the body must be complete.

2. A valid resolution requires the approval of the majority of those present. In the event of a tie, the chairman's vote is decisive.

3. Circular resolutions are permissible.

1. In cases that do not allow for delay and where the full authority cannot be convened in time, the chairperson acts on its behalf.

2. The chairperson must inform the full authority within a reasonable period, at the latest at the next meeting.

1. If the submission is withdrawn or otherwise becomes moot, it shall be dismissed by the administrative authority.

1. Apparent Mistakes in an Order, such as typographical errors, calculation errors, or incorrect designation of the parties, can be corrected by the administrative authority without further ado.

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

2. If a person who, in reliance on the revoked order, has made expenditures or arrangements in good faith suffers damage from the revocation, they are entitled to compensation, provided they bear no fault for the revocation. The claim is directed against the public entity whose organ issued the revoked order.

1. If an order has been revoked or is otherwise void or no longer effective, the administrative authority may reclaim documents and other items intended as proof of rights from the order or for their exercise, without compensation.

2. If a legitimate interest in such documents or other items is credibly demonstrated, they may be returned once the administrative authority has marked them as invalid.

1. The administrative authority issuing the order shall retain the records of a proceeding for at least ten years after the decision becomes final.

2. Original documents shall be returned to the parties upon their request.

1. The determination of deadlines is governed by the cantonal law on deadlines.

2. If a submission is timely filed with an incompetent authority, the deadline is deemed to be met.

3. Court holidays do not apply in proceedings before administrative authorities.

1. The time limits prescribed by law cannot be extended. Failure to observe these time limits results in forfeiture unless otherwise stipulated by law.

2. Time limits set by the administrative authority may be extended for sufficient and properly certified reasons, provided that the request is made before the expiration of the period.

1. Reinstatement of a Deadline may be granted if the applicant or their representative was prevented through no fault of their own from acting within the deadline, submits a justified request for reinstatement within 30 days after the obstacle has ceased, and carries out the omitted legal action.

1. Fees are charged for decisions in non-contentious administrative proceedings, provided that a law stipulates this.

1. Anyone who has initiated proceedings frivolously or has violated good customs and decency in the proceedings may be fined up to CHF 1,000.

2. The competent authority is the administrative body where the proceedings are pending.

3. The fines accrue to the public entity whose authority has imposed them.

1. A party has the right to the granting of free legal assistance in administrative proceedings if they are indigent and their submission is not hopeless.

2. Free legal assistance is generally not granted for legal entities and commercial companies, special-purpose funds, bankruptcy and estate assets, as well as for authorities and public law corporations.

1. Legal Aid Includes, as Needed

a) the exemption from costs in appellate proceedings;

b) the appointment of legal representation, insofar as legal representation appears necessary; this representative shall be compensated by the state, provided that no recourse to the cost-bearing opposing party is possible.

1. Applications for free legal aid can be submitted to the Cantonal Commission at any time, with a brief justification, by filing the relevant documents and stating the party's requests.

2. The Cantonal Commission makes a final decision on the application.

3. As a rule, the application for free legal aid cannot be granted retroactively and must be filed anew in any appellate proceedings before each administrative authority.

1. The granting of legal aid shall be revoked if the prerequisites were not fulfilled or cease to be fulfilled during the course of the proceedings.

1. If their financial circumstances permit, the party may be subsequently required by the Bar Commission to repay all costs assumed by the state.

1. Entitlement to Appeal

a) any person with a particular interest in the matter;

b) any person affected by the contested decision and having a legitimate interest in its annulment or modification;

c) any other person, organization, or authority authorized by federal law or cantonal law to file a complaint;

d) any person entitled to vote in the respective district or special municipality for an electoral rights complaint pursuant to Art. 52.

1. The appellant or petitioner may contest the decision on the grounds of

a) Violation of federal law and cantonal law, including excess or abuse of discretion;

b) Incorrect or incomplete determination of the facts relevant to the case;

c) Inappropriateness.

2. New requests and evidence are admissible.

1. The appeal must be submitted in writing to the appellate authority within 30 days from the notification of the decision, unless this law provides for different deadlines. The appeal document must contain an application, a presentation of the facts, and a justification. It must be signed.

2. If the appellate instruction is missing, improperly excludes the possibility of appeal, or is faulty, the appeal period is 30 days. If the authority specifies a longer appeal period than that prescribed by law, the appeal is admissible until the expiry of the indicated longer period. If a shorter appeal period is specified, the ordinary statutory period still applies.

1. The decision being contested, along with any potential evidence, must be attached to the legal brief. If this is not possible, they must be identified.

1. If a legal document lacks a petition, presentation of facts, reasoning, signature, or the statutory annexes, the appellate authority shall request the appellant or the complainant to provide the missing information within a specified deadline.

2. The request for completion must include a warning that failure to comply within the deadline will result in the appeal not being considered.

1. Objection and appeal have a suspensive effect unless the lower authority orders execution due to danger.

2. The appellate authority may issue a contrary order. Additionally, it can impose interim measures to preserve the state of affairs or to protect threatened legal interests. These orders are final.

3. Appeals against disciplinary measures imposed by teachers or school boards do not have a suspensive effect. The appellate instance may order the suspensive effect; the decision on this is final. For school exclusions, paragraphs 1 and 2 apply.

4. Explanation, reconsideration, complaint of denial of justice, supervisory notification, as well as appeals against decisions regarding such applications, only have a suspensive effect if ordered by the appellate authority; the order on this is final.

1. The lower instance is obligated to transfer the files. It must prepare a chronological file index.

1. The appellate instance may attempt to reach an amicable settlement within the framework of statutory provisions.

1. The appellate court decides without being bound by the parties' requests.

2. It may remand the case to the lower court for a new decision.

1. Administrative Authorities within the Meaning of this Law Generally Impose Costs for Appeals up to CHF 5,000.

2. The Detailed Structuring of the Fee Schedule Shall Be Regulated by Ordinance.

3. Expenses for On-site Inspections, Witness Examinations, Expert Opinions, etc., Shall Be Added to the Costs Within the Meaning of Paragraph 1 According to Actual Expenditure.

1. The party that is wholly or partially unsuccessful with their claims shall bear the costs of the appellate proceedings.

2. Costs incurred due to obstruction or other improper behavior, or by violation of essential procedural rules by a participant shall be borne by that participant. Furthermore, each participant shall bear the costs arising from the subsequent introduction of claims, facts, or evidence, which could have been submitted in a timely manner and were reasonable.

3. Multiple parties liable for the same official action are jointly liable, unless the administrative authority provides otherwise.

4. Generally, no costs are charged to public entities.

1. If the circumstances justify it, the appellate court may waive the imposition of costs.

1. Insofar as this section does not specify otherwise, the appeal procedure shall be conducted appropriately in accordance with the other provisions of this Act.

1. An objection may be made within the publication period to the authority responsible for the publication, particularly

a) In the area of official surveying: to the cantonal commission against an initial survey or a renewal pursuant to the Ordinance on Official Surveying (VAV) of November 18, 1992.

b) * In the area of construction law

1. to the building permit authority against published zoning and district plans as well as building applications;

2. to the cantonal commission against published cantonal use plans and planning zones;

3. to the development entity against published development and perimeter plans.

c) In the field of environmental protection law: to the district council against the assignment of sensitivity levels.

d) * In the area of water construction legislation: to the competent department against plans concerning the construction of public waters, corresponding perimeter plans, and plans for the establishment or amendment of watercourse boundary lines.

e) In the area of water protection law: to the building and environmental department against protection zone plans and regulations as well as perimeter plans.

f) In the field of road law: to the authority responsible for the publication against road projects and perimeter plans.

g) In the area of footpath and hiking trail law: to the district council against network plans and the determination of the contribution obligation.

h) In the field of non-federally licensed cableways and ski lifts: to the cantonal commission against building applications.

i) In the area of forest legislation: to the department of agriculture and forestry against deforestation requests and against the adoption and revision of use plans.

2. An objection may request a review of a decision by the issuing authority, provided that this is stipulated in a cantonal law.

1. Orders and decisions of public-law corporations, cantonal offices (with the exception of social insurance and tax matters), departments, commissions, and private entities entrusted with sovereign powers may be appealed to the cantonal commission, unless this law provides otherwise.

2. Orders in the area of public procurement cannot be appealed within the administrative system.

3. Orders issued by public school teachers can be appealed within ten days to the school board, and those issued by high school teachers can be appealed within the same period to the national school commission. Decisions of the school board, the admissions committee, and the graduation committee concerning school certificates, school examinations, transfer procedures, and disciplinary measures can be appealed within ten days to the national school commission, which acts as the final administrative authority in this area.

4. Decisions concerning building applications can be appealed within ten days to the cantonal commission.

1. Decisions from assemblies and ballot votes of district and special municipalities may be challenged by a voting rights complaint before the State Commission.

2. Grounds for complaints include legal violations and procedural defects that have been or could have been decisively influential on the voting outcome.

3. Legal and procedural violations within the meaning of Paragraph 2 must be promptly protested; otherwise, the right to complain is forfeited.

1. If the ruling in a decree is unclear, incomplete, or contradictory, the administrative authority shall explain it upon request or ex officio.

2. The request for explanation must be submitted in writing to the issuing authority.

3. It shall specify the contested points of the ruling. New evidence, which was not available in the previous proceedings, is excluded.

4. The opposing party in the proceedings shall be given the opportunity to comment, unless the request is obviously unfounded.

5. The rejection of the explanation can be appealed with the same legal remedy as the decision, the explanation of which is requested.

6. If the administrative authority complies with the request, it shall issue the decision anew.

1. The administrative authority shall reconsider its decision ex officio or upon the request of a party

a) if it has been influenced by a crime or an offense;

b) if the deciding authority has disregarded significant facts or decisive evidence known to it or that should have been known to it, or has otherwise violated essential procedural principles;

c) if a party presents new significant facts or evidence.

2. A request for reconsideration shall only be entertained if the reasons cannot be asserted by an ordinary legal remedy and this was impossible despite reasonable diligence.

3. The request for reconsideration must be submitted in writing to the administrative authority within 30 days of the discovery of the reason for reconsideration. However, a request for reconsideration pursuant to paragraph 1 letter b must be raised no later than ten years after the issuance of the decision.

1. The appeal for denial of justice may be lodged with the supervisory authority, asserting that the lower court

a) refuses to perform a prescribed official act or unjustifiably delays it;

b) abuses its authority or is guilty of a criminal act or omission;

c) otherwise acts arbitrarily in the exercise of its powers.

2. The appeal for denial of justice can only be lodged if no ordinary legal remedy is available or was open.

3. The appeal for denial of justice is admissible within 30 days after the affected party has become aware of the grounds for the appeal.

4. An appeal asserting the unjustifiable delay of an official act is not subject to any deadline.

1. Any person may at any time report facts that necessitate official intervention against an authority in the public interest to the supervisory authority by means of an oversight complaint.

2. The complainant does not have the rights of a party.

1. Orders are enforceable when they can no longer be challenged through ordinary legal remedies, unless the administrative authority has set the enforceability for a later date.

2. If there is imminent danger, the issuing administrative authority may order enforceability even before the order becomes final.

1. The competent administrative authority ensures the enforcement, unless another authority is declared competent by law or regulation.

1. If the order is directed towards a monetary or security performance, the enforcement shall be carried out in accordance with the provisions concerning debt collection.

1. If the order is directed towards performing an act, toleration, or omission, enforcement shall be carried out, if necessary with police assistance, through substitute performance by the administrative authority or a third party commissioned by it, or through direct coercion at the expense of the obligated party.

2. Unless there is immediate danger, the coercive measure must be threatened with the setting of an appropriate deadline.

3. Enforcement through substitute performance or direct coercion is not applicable in tax matters.

1. The administrative authority may threaten the penalty provided by law for the case of non-compliance.

2. If the applied decree contains no penal provision, the penalty prescribed in Article 292 of the Swiss Criminal Code may be threatened.

1. On Public-Law Compensation Claims Against the Canton and its Institutions, as well as on Financial Claims from Public-Law Employment Relationships with the Canton, the State Commission shall decide.

1. This law shall enter into force upon approval by the Landsgemeinde.