Ordinance on the Act on Administrative Fees

1. The provisions of this regulation must be taken into account when issuing all fee schedules, unless the law that forms the basis for the respective fee issuance stipulates otherwise.

1. The amount of fees for administrative actions is generally determined by the administrative expenditure.

2. The total of the direct and indirect costs arising from the respective official act constitutes the relevant administrative expenditure.

1. Indirect costs include a reasonable share for the amortization of equipment and facilities, material maintenance, rent, cleaning, etc.

1. The direct costs primarily consist of personnel expenses, especially when special expertise is required, material consumption, and similar costs.

1. For a specific branch of administration, the total income from fees should not exceed the total expenses for the activity to be covered by fees. A moderate surplus from fees is permissible.

2. The amount of the specific fee must not deviate too far from the value of the specific service.

1. In the allocation of the total costs to the individual chargeable service, particular emphasis may also be placed on the (economic) interest of the private party in the chargeable action.

2. If the monetary value of an administrative service can be determined, an increase in the fee beyond the actual costs incurred in the individual case is justified (administrative fee).

3. If the public interest clearly outweighs, the fee shall be reduced or waived.

1. The Government Council or the highest executive authority of the municipalities sets the fees to be paid for each administrative act and service according to §§ 2 and 3 of the Law on Administrative Fees as well as §§ 2-6 of this ordinance, within fee ranges or tariffs.

2. The individual fees can also be determined on a flat-rate, proportional, or similarly simplified basis.

1. Before issuing or amending a fee schedule, the government council shall obtain a report from the finance department.

2. The finance department shall ensure that the fee rates to be issued by the government council are, as far as possible, coordinated with each other. For this purpose, it maintains a collection of all fee schedules that are based on the law on administrative fees.

1. Office fees are charged for simple administrative tasks.

2. They are regulated by the departments according to the specific needs of their divisions in a directive and reported to the government council for their information and for the attention of the finance department.

3. If necessary, the government council may establish standardizing regulations upon request of the finance department.

1. The departments shall establish the rates for writing fees within their area of responsibility in a tariff.

1. The Adjudication Fee is as follows

a) For decisions made by departments or departmental commissions, CHF 20 to CHF 850, in special cases up to CHF 1,750,

b) For decisions made by the government council or equivalent bodies, CHF 50 to CHF 1,750, in special cases up to CHF 3,500.

1. A surcharge to the regular fee pursuant to § 11 of this regulation may be imposed in the following cases

a) if the liable party has maliciously or evidently frivolously prompted the administrative action;

b) if the administrative action is hindered by vexatious behavior;

c) if the value in dispute, the scope of the matter in dispute, or the manner of the appeal justifies it, or if significant financial interests are at stake and the reason in question is particularly serious.

2. The decision fee shall then amount to up to CHF 3,500 in the case of § 11 lit. a of this regulation, and up to CHF 7,000 in the case of § 11 lit. b.

1. If it is not an obvious minor case, the partially or fully successful appellant or the party joined to the proceedings, who has incurred legal costs in the administrative procedure, may be awarded party compensation within the framework of § 11 of this regulation.

2. If justified by the value of the dispute, the scope of the case, or if significant financial interests are at stake, the party compensation can be determined in accordance with § 12 paragraph 2 of this regulation.

3. The fully successful appellant or joined party may be awarded full reimbursement of legal costs if it concerns a decision of significant importance and if there are substantial procedural errors or obvious legal violations.

1. The imposition of procedural fees and party compensation is only binding if it is determined in the operative part of the decision.

2. The same applies to the imposition of additional official costs, such as expenses for expert opinions, inspections, evidence collection, and other special measures.

**1. A party may be required to advance the anticipated costs arising from the request in special cases pursuant to § 15 para. 2 of the Law on Administrative Fees. The following are considered special cases:**

a) if a party does not have a permanent residence in Switzerland;

b) if the party owes costs from a concluded and non-appealable procedure before a local administrative or judicial authority;

c) if the appeal appears to be obviously hopeless upon summary examination;

d) if the request is directed at conducting a proposed evidentiary measure.

**2. If the advance payment of costs is not made within the set period, the request will not be entertained.**

1. The payment deadline for fees is 30 days.

2. After the expiration of the payment deadline, a default interest of 5% may be charged.

3. For fees not paid in a timely manner, reminder fees and administrative fees for collection actions may be imposed. These are as follows

a) First reminder: free of charge

b) Reminder fees from the second reminder: CHF 40 each

c) Administrative fee for collection actions: CHF 50

4. The right to claim additional fees in connection with enforcement proceedings is reserved.

1. If a party is indigent and their claim does not appear to be evidently without prospect, a request may be made to waive the requirement for an advance payment of costs or the imposition of fees, in whole or in part.

1. Additionally, if an indigent party is unable to represent their case themselves, and their request does not appear to be hopeless from the outset, an attorney may be assigned to them at the expense of the canton.

2. The amount of the attorney's compensation is generally determined by the time spent and the hourly rate set by the Court of Appeals.

1. The granting of free legal aid requires a written application with justification, in which the need is credibly demonstrated.

2. ...

3. The decision on the application in proceedings before the Executive Council is made by the department to which the instruction for the Executive Council has been assigned.

4. If the party is later able to do so, they must reimburse the canton.

1. This regulation is to be published. It comes into effect immediately.