Art. 124b Act on Administrative Procedure and Administrative Justice (Administrative Justice Act, VRG) (Verwaltungsrechtspflegegesetz, VRG) - Application and Procedure
Art. 124b Administrative Procedure Act, APA - Application and Procedure — Application and Procedure
1. The application for legal aid may be submitted before or after the commencement of legal proceedings.
2. The applicant must disclose their income and financial circumstances and state their case and any evidence they intend to present. The applicant may specify the desired legal representative in the application.
3. The chairperson of the appellate body decides on the application in a summary procedure in accordance with the Code of Civil Procedure (ZPO). The opposing party may be heard. The opposing party must always be heard if the legal aid is to include providing security for party compensation.
4. Legal aid may exceptionally be granted retroactively.
5. If the legal dispute is taken to a higher court, a new application for legal aid must be submitted.
6. Except in cases of bad faith or frivolous litigation, no court costs are charged in the procedure for legal aid.