Ordinance of the Administrative Court on the Organisation and Conduct of Business of the Board of Appeal - Scope

1. This Regulation governs the organization and procedures of the

1. Tax Appeal Commission;

2. Appeal Commission for Building Insurance;

3. Appeal Commission for Road Traffic Matters;

4. Appeal Commission for Agricultural Matters;

5. Personnel Appeal Commission;

6. Expropriation Commission.

1. The administrative court supervises the management of the commissions mentioned in Section 1.

1. This regulation is applicable insofar as neither cantonal nor federal law contains specific provisions.

1. The commissions are responsible for

1. the election of the vice-presidency and the court clerks;

2. decisions in matters prescribed by law.

2. The presidency may present additional matters to the commission.

1. The Presidium represents the Commission externally.

2. It selects and supervises the office staff.

1. Typically, the court clerk or registrar manages the office, keeps the minutes, and edits the decisions.

2. He or she may be called upon by the presidency for further collaboration.

1. The commissions generally make decisions in a panel of three.

2. In cases of fundamental importance, the commissions make decisions in a panel of five, as directed by the presidium.

1. The Presidium conducts the proceedings and takes the necessary procedural and precautionary measures.

2. It may appoint the Vice President or another member as the instructing judge.

1. The Presidium may designate a member as a reporter.

2. The reporter submits a written, reasoned request for any additional evidence collections and the resolution of the matter.

1. The presiding body, the instructing judge, or the instructing magistrate may present the parties with proposals for an amicable settlement or a compromise.

1. On the Examination of Participants, Informants, Witnesses or the Observation of Objects, a Record is Created.

1. A public hearing shall take place only at the request of a party and only to the extent that it concerns civil rights and obligations or the merit of any criminal charge against them within the meaning of Article 6, paragraph 1 of the Convention for the Protection of Human Rights and Fundamental Freedoms of 4 November 1950.

2. The presidency, the instructing judge, or the examining judge may order an inspection or an oral hearing.

3. A record shall be prepared.

4. The deliberation is not public.

1. The commission makes its decisions based on oral deliberations in a meeting or through the circulation procedure.

2. The court clerk has an advisory role with the right to make motions.

1. The presidency determines the meeting date and circulates the files among the members.

2. If a member cannot attend a meeting or must recuse themselves, they must inform the presidency with reasons in a timely manner.

3. The presidency calls upon substitute members.

1. The drafting of the decisions is generally the responsibility of the court clerk and is carried out based on the deliberation.

2. The presiding judge reviews the draft decision.

3. The commission may reserve the right to approve.

1. The decisions of the collegiate authority shall be signed by the chairperson and the court clerk.

1. The Entry in the Protocol pursuant to § 52 of the Administrative Procedure Act is carried out by an independent Presidential Decision.

1. The commissions perform an intake control in chronological order, indicating the parties involved in the procedure, the resolution, the costs, and the date of completion.

1. The court clerk maintains a register of files in which all submissions and other documents are entered in the order of their receipt and dispatch.

2. The entire course of the proceedings must be evident from the files.

1. The files submitted by the parties are generally returned only after the expiration of the appeal period.

2. If a decision is challenged by appeal, the court clerk shall transmit the files along with an inventory of the records and the statement of position to the appellate authority.

3. The clerk's office must retain the files for at least ten years after the decision becomes legally binding and thereafter deliver them to the state archive according to its instructions.

1. The commissions are responsible for the collection of their fees.

1. The Ordinance of the Administrative Court on the Organization and Conduct of Business of the Appeal Commissions of November 24, 1993, is repealed.

1. This regulation shall enter into force on January 1, 2013.