Delegation Ordinance (DelV) - Acting in the Name of the State Chancellery, the Department, or Another Office a) Principle (DELV)

1. Employees act in the name of the State Chancellery, the department, or another office to the extent that they are authorized to do so according to the annex of this decree.

2. Special authorization in additional decrees remains reserved.

3. The superior authority and the deputy of the employees authorized under paragraph 1 have the same powers of action.

1. The Head of the Legal Service of the Department or the Office entrusted with the matter

a)* acts, subject to Article 43bis paragraph 2 letter d of the Act on Administrative Procedure of May 16, 1965[3], on behalf of the Department

1. when it represents the government in administrative procedures and in administrative legal procedures;

2. when orders or decisions of the Department are contested;

b) discontinues procedures according to Article 57 and Article 96 paragraph 2 of the Act on Administrative Procedure of May 16, 1965[4], if costs are to be levied or allocated;

c) issues supervisory approvals and authorizations for the Department under the Municipalities Act of April 21, 2009[5], insofar as other employees are not authorized to do so according to the annex to this enactment;

d) authorizes testimony and document production according to Article 166 paragraph 1 letter c of the Swiss Civil Procedure Code of December 19, 2008[6] as well as Article 170 paragraphs 2 and 3 and Article 194 paragraph 2 of the Swiss Criminal Procedure Code of October 5, 2007.[7]

2. In cases pursuant to paragraph 1 letter a of this regulation, the Head of the Legal Service of the Department or the Office entrusted with the matter may be represented by the case handler during

a) inspections;

b) oral hearings.

1. The case manager issues procedural directives in accordance with the Law on Administrative Procedure of May 16, 1965 (VRP), in particular

a) Determining the facts and gathering evidence pursuant to Art. 12 VRP;

b) Setting deadlines according to Art. 17 para. 1, Art. 48 para. 2, and Art. 50 para. 2 VRP;

c) Inviting parties to comment pursuant to Art. 15 para. 1 and Art. 53 para. 1 VRP;

d) Collecting an advance on costs pursuant to Art. 96 para. 1 VRP;

e) Suspending and resuming the procedure;

f) Writing off the case pursuant to Art. 57 and Art. 96 para. 2 VRP, unless the responsibility falls under the head of the legal department.

1. The General Secretariat certifies whether orders or decisions of the lower authority have been appealed to the department.

2. The State Chancellery certifies whether orders or decisions of the lower authority have been appealed to the government.

1. Insofar as other employees are not authorized according to the annex of this decree, the head of the department shall issue orders concerning public procurement legislation regarding

a)* Lists of suitable suppliers;

b)* The announcement as well as the selection and exclusion of suppliers;

c) The termination of the procedure.

1. The Secretary-General of the Department or the State Secretary

a) receives payment orders against the Canton;

b) is authorized to file a legal objection.

1. The case officer represents the department or the state chancellery on the mediation board in proceedings according to the Liability Act of December 7, 1959.

1. The Secretary General of the Department or the State Secretary issues the declaration of waiver of the statute of limitations defense according to Article 4, paragraph 2 of the Liability Act of December 7, 1959.

1. The Authorization Ordinance of June 22, 2004, is repealed.

1. This decree shall be applied from February 1, 2011.