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Ordinance on the Delegation of Signing Authority in the Departments

10 Articles / Provisions · Canton of Solothurn — Cantonal Legislation
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Table of Provisions (10)

Statutory Text (10 Provisions)

1. Government Council (Note: "Regierungsrat" can refer to a specific governmental body or council, depending on the context within the jurisdiction.)

1. Opinions of the Government Council to courts or in appeal proceedings to the Federal Council are signed by the competent department.

Department - Authority to Sign in All Departments

1. Signed on behalf of the Departments

a) by the Department Secretary

1. Personnel matters with external effects, such as authorizations to testify in court and conversions of seniority allowances into leave;

2. Orders by the Departments regarding the approval of regulations, statutes, contracts, and forms.

b) by the Department Secretary, the Head of Legal Services, or the Legal Secretary

1. Procedural orders in administrative and supervisory appeal procedures of the Government Council and the Departments (concerning advance payment of costs, additional deadlines, extensions of deadlines, taking of evidence, suspensions, suspensive effect subject to § 36 paragraph 3 VRG, access to files);

2.* Final decisions in administrative and supervisory appeal procedures of the Government Council and the Departments, when the appeal is withdrawn, recognized by the opposing party, settled by compromise, or becomes moot, as well as decisions of non-acceptance due to non-payment of cost advances, non-observance of the appeal period, or lack of appeal justification;

3. Orders on the merits in urgent cases of the procedures mentioned in item 1;

4. Orders regarding free legal aid;

5. Certificates of legal force.

2. Reserved are the provisions in Section 2.2.

Department - Authorization to Sign in Individual Departments - Area of Responsibility of the Department of Construction and Justice

1. The following individuals sign on behalf of the Department

a) By the Department Secretary, the Head of Legal Services, or the relevant Head of Office

1. Orders pursuant to the

- Planning and Building Law;

- Cantonal Building Ordinance;

- Nature and Heritage Protection Ordinance;

- Legislation on Water Rights;

- Roads Act and the Introductory Act to the Federal Act on National Roads;

- Environmental Protection Legislation;

- Ordinance on Road Traffic;

- § 6 Ordinance on Navigation[3].

- ...

b) By the Department Secretary

1. Service agreements with public transport companies;

2. Orders pursuant to § 30 paragraph 2 letter b of the Procurement Law.

c) By the Head of the District Building Office

1. Approvals according to Section 6 of the Roads Act (Use of Roads), including fee orders.

d) ...

e) By the Head of the Office for Monument Preservation and Archaeology

1. Allocation of funds for contributions to restorations and associated construction investigations and documentation of historical cultural monuments up to 20,000 Swiss Francs, provided the determined amount is not contested by the recipient. If the amount is contested, the governing council decides;

2. Orders pursuant to the Ordinance on Civil Protection and Civil Defense[4] in the area of cultural property protection.

f) By the Head, Deputy Head, or Administrative Lawyer of the Road Traffic Administrative Measures

1. Orders in application of § 8 Ordinance on Road Traffic[5].

**Departments - Signing Authority in Individual Departments - Sphere of the Department of the Interior**

**1. Signed on behalf of the Department:**

**a) By the Head of the Health Department:**

1. ...

1bis. Measures related to administrative and disciplinary procedures according to health legislation;

2. Orders regarding license withdrawal and disciplinary procedures under health insurance legislation;

3. ...

4. Tasks assigned to the department secretary within the official area;

5. Tasks assigned to the individual heads of the office's departments;

6. ...

**b) ...**

**bbis) By the Head of the Healthcare Provision Department:**

1. Operating and professional practice licenses, as well as permissions for branch practices;

2. Orders according to pharmaceutical and narcotics legislation;

3. Orders regarding the inclusion or exclusion of service providers for activities under compulsory health insurance;

3bis. Supervisory and administrative measures ordered outside of administrative and disciplinary procedures according to health legislation.

4. ...

5. ...

6. ...

7. ...

**bter) By the Head of the Department of Aging, Care, and Addiction Assistance:**

1. Orders and directives in the field of outpatient care (Spitex) and long-term care (nursing and care homes), especially operating permits, as well as other matters concerning aging;

2. Orders and directives related to individual case recognition for Solothurn residents with out-of-canton home stays;

3. Orders and directives in the area of addiction;

3bis. Orders and directives related to the enforcement of training and continuing education obligations according to social and hospital legislation;

4. Orders and directives related to the enforcement of training obligations and the granting of contributions for educational services according to the introductory law to the federal law on the promotion of training in the field of nursing (EG Training Promotion Law Nursing) dated May 15, 2024;

5. Supervisory and administrative measures ordered outside of administrative and disciplinary procedures according to health legislation.

**c) By the Head of the Cantonal Medical Service Department:**

1. Orders in the field of hospital stays under health insurance legislation;

1bis. Orders concerning medical certification for maintaining professional practice by healthcare professionals aged 75 and over;

1ter. Orders related to handling patient documentation upon professional withdrawal and in the event of death;

2. Orders under epidemic legislation in accordance with responsibilities under the ordinance on the implementation of federal epidemic legislation (Cantonal Epidemics Ordinance, V EpG) dated April 30, 2019;

3. Approvals for methadone programs;

4. Approvals for medical prescription of heroin;

5. ...

6. Approvals for treatment of narcotic-dependent individuals with narcotics.

**cbis) By the staff responsible for the approval process:**

1. Notifications regarding the commencement of activities by 90-day service providers;

2. Notifications regarding the commencement of activities by persons subject to information and reporting duties.

**cter) By the Head of the Food Control Department:**

1. Permits for smoking rooms;

2. Orders and directives in the execution of the 1st section (use of tanning beds) of the ordinance on the federal law on protection from dangers due to non-ionizing radiation and sound (V-NISSG) dated February 27, 2019.

**cquater) By the Head of the Health Promotion and Prevention Department:**

1. Orders and directives in the area of health promotion and prevention, particularly addiction prevention.

**cquinquies) By the Head of the Central Services Department:**

1. Orders and directives regarding exemption from compulsory health insurance and assumption of debt loss certificates;

2. Orders and directives concerning the financing of outpatient and inpatient services;

3. Orders and directives in connection with the role as a clearing house for care financing.

**d) By the Head of the Legal Affairs Department or by designated legal staff:**

1. Releases from medical confidentiality;

1bis. Measures related to administrative and disciplinary procedures according to health legislation;

1ter. Orders regarding license withdrawal and disciplinary procedures under health insurance legislation;

1quater. Approval decisions concerning municipal regulations in the fields of school health services and school dental care;

1quinquies. Orders and directives in connection with supervisory complaints and requests for disqualification in the field of child and adult protection;

1sexies. Appeal decisions in the field of emergency services;

1septies. Appeal decisions in the fields of school health services and school dental care;

1octies. ...

1novies. Appeal decisions in the field of dog ownership for which the Department is responsible;

2. ...

3. Appeal decisions under food legislation;

4. Appeal decisions in the field of social assistance;

5. ...

6. Appeal decisions within the framework of § 6 paragraph 2 letter a of the Penal System Law;

7. Appeal decisions within the framework of § 50 paragraph 1 of the Law on Cantonal Police;

8. Supervisory complaint decisions for which the Department is responsible;

9. Permissions to testify in court.

**dbis) By the Head of the Swisslos Fund Department:**

1. Orders and directives according to the regulations of the Schläflifonds, Winkelriedfonds, Max-Müller-Fonds, and Olga-Ziegler-Fonds.

**dter) ...**

**e) ...**

**f) By the Head of the Office for Society and Social Affairs:**

1. Tasks assigned to the department secretary within the official area;

2. Conclusion of service agreements;

3. Tasks assigned to the individual heads of the office's departments.

**g) By the Head of the Department of Social Facilities and Victim Assistance: Orders and directives under the legislation regarding:**

1. ...

2. ...

3. Childcare;

4. Foster children;

5. Adoption;

6. ...

7. ...

8. ...

9. ...

9bis. People with disabilities;

9ter. The Intercantonal Agreement for Social Institutions IVSE (Areas A and B);

9quater. Stationary child and youth care;

9quinquies. Integration, insofar as it concerns German integration courses;

10. ...

11. ...

12. Victim assistance;

13. ...

**gbis) By the Head of the Department of Social Issues: Orders and directives under the legislation regarding:**

1. Prevention, particularly violence prevention;

2. Integration, excluding orders and directives concerning German integration courses;

3. Family;

4. Youth aid and promotion;

5. Equality, as far as it is not delegated to the district offices.

**h) ...**

**i) By the Head of the Department of Social Security: Orders and directives under the legislation regarding:**

1. ...

2. ...

3. Social assistance;

4. Asylum and refugees;

5. Supplementary family benefits;

6. Child and adult protection.

**j) By the Head of the District Office: Orders and directives under the legislation regarding:**

1. Advance maintenance payments and maintenance collection;

2. ...

3. ...

4. Enforcement actions;

5. ...

**jbis) ...**

**k) ...**

**l) By the Head of the Migration Office:**

1. Tasks assigned to the department secretary within the official area;

2. Tasks assigned to the individual heads of the office's departments;

3. ...

4. ...

5. ...

6. ...

7. ...

**lbis) By the Heads of the Departments and Legal Services Head of the Migration Office:**

1. Orders under the legislation regarding foreigners and the asylum laws;

2. Orders under the legislation regarding Swiss identification documents;

3. Orders in connection with the execution of criminal deportation.

**lter) By the administrative lawyer of the Migration Office:**

1. Orders under the legislation regarding foreigners.

**m) ...**

**n) ...**

**o) ...**

**p) By the Head of the Penal System Office:**

1. Tasks assigned to the department secretary within the official area;

2. Decisions in application of § 6 paragraph 2 letter c of the Penal System Law;

3. Tasks assigned to the individual heads of the office's departments.

**q) By the management of the Solothurn Correctional Facility, management of remand prisons or by the department head of probation services:**

1. Criminal complaints for property damage.

**r) By the Commander, the Head of the Security Department, the Head of the Criminal Department, the Head of the Command Department, or the Head of the Legal Services of the Solothurn Cantonal Police:**

1. Criminal complaints for property damage.

**s) By the Head of Legal Services of the Solothurn Cantonal Police:**

1. Approvals for private security services.

**2. ...**

Departments - Signing Authority in Individual Departments - Area of Responsibility of the Department of Education and Culture

**1. Signed on behalf of the Department:**

a)* ...

abis)* by the Department Secretary

1. Authorization of attendance at general secondary schools at level II and tertiary education programs outside the canton.

b)* ...

c)* ...

d)* ...

e)* by the Head of the Office of Primary Education

1. Approval of public-law agreements regarding the formation of school districts and public-law agreements for conducting specific school levels and subjects without forming school districts (§§ 13 para. 4 and 15 para. 2 Primary Education Act [VSG] of January 26, 2022[12]) as well as approval of municipal school regulations (§ 74 para. 2 letter e VSG);

2. Admission to the cantonal special program for behavior (§ 31 para. 4 VSG);

3. Individual home schooling after a hospital stay (§ 33 para. 3 VSG);

4. Ordering of special educational measures (§ 35 para. 2 VSG);

5. Authorization for accelerated completion of compulsory schooling (§ 45 para. 4 VSG);

6. Exemption from compulsory schooling (§ 46 para. 1 VSG);

7. Authorization of school attendance outside the school location (§ 48 para. 2 VSG);

8. Granting and revocation of professional practice licenses for pedagogical and pedagogical-therapeutic activities (§§ 68 and 69 VSG);

9. Granting and revocation of licenses for private schools and private teaching (§§ 99, 100, 104, and 105 VSG);

10. Issuance of equivalency recognitions (§ 33 Primary Education Ordinance [VSV] of September 5, 2022[13]);

11. Appeal decisions assigned by the Department to the Office of Primary Education for handling;

12. Leave of absence for teachers (§ 344 Collective Employment Agreement [GAV] of October 25, 2004[14]).

f)* by the Head of the Department of Vocational Schools of the Office for Vocational Education, Secondary and Higher Education

1. Orders and directives related to the need-based increase in the number of training completions in nursing at the Higher Vocational School Olten and the granting of training contributions according to the EG Training Promotion Act Nursing[15].

Department - Authority to Sign in Individual Departments - Scope of the Finance Department

1. On behalf of the Department, the following are authorized to sign

a) by the Department Secretary or Head of the Legal Service

1. Decisions regarding compensation for material damage to private vehicles;

2. Appeal decisions concerning fee claims;

3. * Admission to examinations for professionals in the county record offices.

b) * ...

c) * by the Head of the Legal Service of the Tax Office

1. Approval of tax regulations by the municipalities.

d) * by the Head of the Legislative Section or by the Department Secretary

1. Waiver of taxes and fees.

e) * by the Head of the Finance Office

1. Orders for the recovery of free legal aid.

f) * by the Record Office Inspector

1. The declaration of waiver regarding the issuance of permits by the cantonal permit authority pursuant to Article 83 paragraph 3 of the Federal Act on Rural Land Law [16] to lodge an appeal with the Administrative Court.

g) * by the Head or Director of the Legal Service/Insurance Division of the Personnel Office

1. Orders associated with employment relationships.

Department - Authority to Sign in Individual Departments - Sphere of Activity of the Department of Economic Affairs

**1. Signed on behalf of the Department:**

a) by the Department Secretary or the Head of Office

1.* ...

2.* Orders pursuant to the Energy Act; these acts may also be signed by the Head of the Energy Office;

3. Orders pursuant to federal energy legislation;

4.* ...

5.* Orders pursuant to legislation on the military and civil protection, excluding the area of cultural property protection;

6.* ...

7.* ...

b)* by the Department Secretary or the Chief of the Office of Forest, Game, and Fisheries

1.* Orders pursuant to forestry, hunting, and fishing legislation. Orders concerning hunting and fishing legislation may also be signed by the Head of the Hunting and Fishing Department.

c)* by the Chief of the Office of Forest, Game, and Fisheries or the Chief Forester or District Forester

1. Orders pursuant to § 16 section 3 of the Waste Ordinance.

d)* by the Department Secretary or the Head of Office

1. Orders pursuant to the Ordinance on Land Improvement;

2. Orders pursuant to agricultural legislation.

e)* by the Cantonal Veterinarian

1. Issuance of livestock trading licenses;

2.* ...

3. Issuance of certificates of competence for bee inspectors;

4. Selection of valuation experts;

5. Selection of bee inspectors.

f)* by the Department Secretary or the Head of the Foundation Supervision Department

1.* Orders in exercising supervision in accordance with the Swiss Civil Code of December 10, 1907.

2.* ...

g) by the Chief of the Office for Municipalities: Orders and directives pursuant to legislation concerning

1. the municipalities;

2.* citizenship; these tasks may also be signed by the Head of Citizenship Department;

3.* civil status and civil registry; these tasks may also be signed by the Head of Civil Status or the Civil Status Inspector;

4.* burial services; these tasks may also be signed by the Head of Municipal Organization.

h)* by the competent civil registrar

1. Death certificates.

Departments - Authority to Sign in Individual Departments - Scope of Responsibilities of the State Chancellery

1. On behalf of the State Chancellery, decrees and judicial decisions are signed by the Head of Legislation and Justice

a) Orders according to § 2 letter b, numbers 1-5;

b) In clemency matters

1. Recommendations for the withdrawal of an application;

2. Decisions regarding the suspensive effect of an application;

3. procedural orders and final orders when no substantive decision or decision of non-acceptance needs to be made.

c) In matters of lawyers and notaries

1. Orders according to the Legal Examination Regulation;

2. Approval of professional liability insurance for notaries;

3. Permits according to § 10 paragraph 2 of the Lawyers Act;

4. Orders on the release of notaries from the duty of confidentiality.

d) Orders according to the Regulation on Legal Basic Education;

e)* Orders regarding claims for damages from medical state liability according to § 19ter paragraph 2 of the Hospital Act.

Final Provisions

1. Sections 4 paragraph 1 letter bbis number 7 and 5 paragraph 1 letter f number 1 shall apply until the expiration of the EC Training Promotion Act for Nursing.

Final Provisions

1. This ordinance shall enter into force on August 1, 2004, and shall replace the Ordinance on the Delegation of Signing Authority in the Departments dated December 18, 1995. The right of objection by the Cantonal Council is reserved.

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