Administrative Procedure Act (LPA-VD) - Purpose (LPA-VD)

1. This law governs the procedure before the administrative authorities and the administrative justice authorities of the canton and the municipalities.

1. This Act applies to

a. any decision rendered by an administrative authority or an administrative court of the canton or the municipalities;

b. administrative law actions, when brought before the Cantonal Court;

c. appeals and challenges by way of action in the field of social insurance.

2. Special laws are reserved.

1. A decision is any measure taken by an authority in a specific case, in application of public law, and having for its object

a. to create, modify, or annul rights and obligations;

b. to ascertain the existence, non-existence, or extent of rights and obligations;

c. to reject or declare inadmissible requests aiming to create, modify, annul, or ascertain rights and obligations.

2. Incidental decisions, decisions on claims or appeals, and decisions concerning interpretation or revision are also considered decisions.

3. A decision within the meaning of paragraph 1, letter b), may only be rendered if a decision within the meaning of letters a) or c) cannot be rendered.

1. Administrative authorities are the bodies of the canton, municipalities, associations or federations of municipalities, and urban areas, as well as natural or legal persons, who are legally empowered to make decisions.

1. The authority of administrative justice is the Cantonal Court.

1. The authority shall examine ex officio whether it has jurisdiction.

2. Jurisdiction cannot be established or modified by agreement between the parties and the authority.

**1. The authority that deems itself incompetent shall promptly transfer the matter to the authority it considers competent.

2. The authority that regards its competence as doubtful shall engage in a dialogue with the authority it considers competent.

3. The parties shall be informed of the transfer or the initiation of a procedure for the exchange of views.**

1. When a party challenges the competence or incompetence of an authority, the authority shall decide on the matter.

2. Competence disputes between authorities are resolved by the Constitutional Court, in accordance with the Constitutional Jurisdiction Act [A].

1. Any person called upon to render or prepare a decision or judgment must recuse themselves

a. if they have a personal interest in the case;

b. if they have acted in the same case in another capacity, notably as a member of an authority, as counsel for a party, as an expert, or as a witness;

c. if they are bound by marriage or a registered partnership or permanently share a household with a party, their representative, or a person who acted in the same case as a member of the previous authority; the dissolution of the marriage or registered partnership does not remove the ground for recusal;

d. if they are related by blood or marriage in a direct line, or up to and including the third degree in a collateral line, to a party, their representative, or a person who acted in the same case as a member of the previous authority;

e. if they could appear biased in any other way, particularly due to a close friendship or personal enmity with a party or their representative.

1. A member of an authority who finds themselves in a case of disqualification must recuse themselves without delay.

2. Parties wishing to request the disqualification of an authority or one of its members must do so as soon as they become aware of the reason for disqualification.

1. The collegiate authority decides on requests for recusal targeting one or more of its members.

2. The appellate authority decides on requests for recusal targeting an entire authority or the majority of its members.

3. The Cantonal Court decides on requests for recusal targeting its members.

4. The Neutral Court decides on requests for recusal targeting the entirety of the Cantonal Court or the majority of its members.

1. The proceedings in which a recused person participated are annulled to the necessary extent, either by the authority that pronounces the recusal or subsequently by the authority that continues the investigation.

2. If a ground for recusal is only discovered once the decision is final, the provisions on the review and revision are applicable.

1. The following qualify as parties in administrative proceedings

a. persons who are likely to be affected by the decision to be rendered and who participate in the proceedings;

b. persons or authorities upon whom the law confers the status of a party;

c. persons or authorities who have a legal remedy against the contested decision;

d. persons intervening in a public inquiry or consultation procedure.

2. Unless expressly provided otherwise, the whistleblower does not qualify as a party.

1. The authority may, on its own initiative or upon request, call upon or authorize the intervention of persons who could qualify as a party within the meaning of Article 13.

1. A third party may substitute a party in a proceeding when, pursuant to substantive law, it succeeds to their rights and obligations.

2. In such a case, the authority summons the concerned third party.

1. The parties may be represented in proceedings, unless they are required to act personally by law or for the purposes of the investigation. They may be assisted.

2. If more than ten people submit a collective application or individual applications with identical content, the authority may invite them to choose one or more representatives. If this choice is not made within the given time limit, the authority may designate one or more representatives from among the applicants.

3. The authority may require the representative to prove their authority by a written power of attorney. Lawyers registered with a cantonal register of lawyers are deemed to have the necessary powers. They must prove their authority if requested.

1. A party domiciled abroad must elect a domicile in Switzerland where notifications can be addressed to them. The election of domicile in Switzerland is not required when the authority can address the party electronically.

2. In the absence of such election, the party is deemed to have elected domicile at the address of the authority, which the authority shall notify them of.

1. Legal aid is granted, upon request, to any party to the proceedings

- whose resources are insufficient to cover the costs of the proceedings without depriving them and their family of necessities;

- whose claims or means of defense are not manifestly ill-founded.

2. If the circumstances of the case so warrant, the authority may appoint an official counsel to assist the party benefiting from legal aid.

3. Administrative authorities are competent to grant legal aid for proceedings they conduct.

4. The Cantonal Court is competent to grant legal aid for proceedings brought before it.

5. For the remainder, the provisions governing legal aid in civil matters apply by analogy.

1. Deadlines set in days begin to run the day after the day of their communication or the triggering event.

1bis. A document sent by postal mail that is delivered to its recipient, without requiring a signature, on a Saturday, Sunday, or a public holiday under federal or cantonal law, is considered to be notified on the first working day that follows.

2. When a deadline falls on a Saturday, Sunday, or public holiday, its expiration is deferred to the next working day.

**1. The period is deemed to have been observed if the document is submitted to the authority, to a Swiss post office, or to a Swiss diplomatic or consular representation no later than the last day of the period.**

**1bis. In the event of electronic communication, the decisive moment for observing the period is when the acknowledgment of receipt is established, confirming that the party or its representative has completed all necessary steps for transmission.**

**2. If a party timely addresses an incompetent authority, the period is deemed to have been preserved. In this case, the wrongly seized authority certifies the date of receipt.**

1. Time limits set by law cannot be extended.

2. Time limits imposed by the authority may be extended for sufficient reasons if the party requests it before the expiration.

3. When the authority refuses to extend a time limit, the applicant has a period of three days from the notification of the refusal to perform the required act. The authority shall inform the applicant.

1. The time limit may be restored when the party or its representative establishes that they were prevented from acting within the fixed period, without any fault on their part.

2. The substantiated request for restitution must be submitted within ten days from the date when the impediment ceased. Within this same period, the applicant must perform the omitted act. Upon request, an additional period may be granted to complete this act if sufficient reasons justify it.

1. The provisions of this chapter apply to all proceedings before administrative authorities or administrative justice, subject to specific provisions to the contrary in the chapters regulating proceedings before these authorities.

1. The authority may, ex officio or upon request, consolidate into a single proceeding cases that relate to an identical factual situation or a common legal cause.

2. The authority may order the severance of jointly initiated proceedings if they have been improperly consolidated or if their joint handling is likely to complicate their process.

1. The authority may, on its own initiative or upon request, suspend the proceedings for just cause, particularly when the decision to be made depends on the outcome of another proceeding or could be decisively influenced by it.

1. The procedure is conducted in French.

2. The authority returns procedural documents drafted in another language to their sender, inviting them to proceed in the official language. If justified by the circumstances, the authority itself may translate the documents in question or have them translated, if necessary, by a sworn or officially approved translator.

3. When conducting a hearing, the authority may, if necessary, call upon an interpreter.

4. The costs of translation and interpretation may be charged to the parties.

1. The procedure is in principle written.

2. When the needs of the investigation require it, the authority may hold a hearing.

3. When circumstances require it, the Cantonal Court may order proceedings.

4. The authority returns any unclear, incomplete, verbose, inappropriate writings, or those that do not meet the formal conditions set by law.

5. It grants a short deadline to the authors to correct them. Writings that are not resubmitted within this period, or whose defects are not corrected, are considered withdrawn. The authority informs the authors of these consequences.

1. The authority may, ex officio or upon request, authorize the parties to communicate with it electronically. It shall then inform them of the channels and formats of communication it accepts, among those recognized based on paragraph 3.

2. Parties who address the authority electronically are presumed to accept that communications from this authority may also be made to them electronically. They may revoke their consent or limit its scope at any time by written declaration to the authority.

3. The Council of State and the Cantonal Court for procedures under its jurisdiction determine the recognized channels and formats for electronic communication.

4. Communications authorized under paragraphs 1 to 3 are assimilated to written documents.

5. An electronic communication authorized under paragraphs 1 to 3 is deemed received no later than 7 days after it has been made accessible to its recipient.

1. The authority establishes the facts ex officio.

2. It is not bound by the evidence presented by the parties.

1. The authority may resort to the following means of evidence

a. hearing of the parties;

b. local inspection;

c. expert opinions;

d. documents, titles and official reports;

e. information provided by the parties, authorities, or third parties;

f. testimonies.

2. Other means may be used if they are suitable for providing evidence and if they do not result in an infringement of personal liberty.

3. The hearing of parties or witnesses must be conducted by the authority itself, or by a delegated person.

4. The taking of evidence shall be recorded in minutes.

5. During the investigation or debates, a transcription or recording of the proceedings by any means, including on sound or image carriers, may be ordered ex officio or upon request.

6. Parties requesting the administration of evidence may be required to advance the costs thereof. Free proceedings are reserved.

1. The parties are obliged to collaborate in the establishment of the facts from which they seek to derive rights.

2. When the parties refuse to provide the assistance expected of them in establishing the facts, the authority may rule based on the current state of the file.

1. The authority may request from any administrative or judicial authority the documents and information necessary to establish the facts.

2. The requested authority may only refuse its assistance if a legal provision opposes it or if it can justify an overriding public or private interest.

3. The Information Act [B] does not apply to the transmission of information between authorities in proceedings.

1. For the remainder, the provisions of the civil procedure legislation [C] apply by analogy to the evidentiary procedure.

1. Except in cases of imminent danger, the parties have the right to be heard before any decision affecting them is made.

2. Unless expressly stated otherwise, they cannot claim the right to be heard by the authority.

1. The parties participate in the taking of evidence.

2. In this capacity, they may, in particular

a. ask questions of the expert appointed by the authority, both prior to and following the expert appraisal;

b. attend the hearing of witnesses and ask them questions;

c. attend investigatory hearings and local inspections;

d. submit offers of proof no later than the close of the investigation;

e. express their views on the outcome of the taking of evidence.

3. The authority must examine the allegations of fact and law and take the required evidence, provided that such means do not appear, at first glance, to be irrelevant.

4. If there is imminent danger, or if the safeguarding of a preponderant public or private interest so requires, the authority may carry out an investigatory measure in the absence of the parties. Article 36, paragraphs 2 and 3 apply by analogy.

1. The parties and their representatives may consult the case file at any time.

2. The Information Act [B] does not apply to the consultation of files during ongoing proceedings.

3. The consultation takes place at the seat of the authority called upon to decide. Unless there are specific reasons, the file is sent to professional representatives for consultation.

4. The authority must provide copies of the documents. It may charge a fee.

1. The authority may, exceptionally, refuse access to the entirety or parts of the file if required by the investigation of the case or a prevailing public or private interest.

2. As soon as the reason justifying the restriction is no longer relevant, the authority shall inform the parties and grant them access to the withheld documents.

3. A document whose access has been denied to a party may not be used against them unless the authority has communicated the essential content of the document to them in writing and has given them an opportunity to express their views on it.

1. Third parties may only attend instructional sessions with the consent of the authority in charge of the instruction and the parties involved.

1. The authority, in agreement with the hierarchical authority if applicable, decides whether to transmit information to the media. It consults the parties beforehand.

2. The Information Act [B] is not applicable to dealings with the press during ongoing proceedings.

1. Anyone who initiates a frivolous proceeding, engages in abusive methods, or disrupts the advancement of a proceeding is liable to a fine of up to 1,000 francs and, in the case of a repeat offense, up to 3,000 francs.

2. The authority competent to rule on the merits is also competent to impose the fine.

1. Anyone who disrupts a hearing or fails to comply with the instructions given by the authority may be expelled by the person presiding over the hearing, with the assistance of the police if necessary.

1. The authority applies the law ex officio.

1. The decision shall contain the following information, expressed in clear and precise terms

a. the name of the authority that ruled and its composition if it is a collegiate body;

b. the name of the parties and their representatives;

c. the facts, legal rules, and grounds upon which it is based;

d. the operative part;

e. the date and signature;

f. the indication of the ordinary remedies available against it, the time limit for their use, and the competent authority to hear them.

1. The authority may waive the requirement to provide a rationale when the decision entirely grants the applicant's requests and no party demands a rationale.

2. When urgency dictates, the rationale for the decision may be summary.

3. When a large number of decisions of the same type are issued and they may be subject to a claim, their rationale may be summary and standardized.

1. Decisions are generally notified to their recipients by registered mail or judicial act.

2. If circumstances so require, particularly when a large number of decisions are rendered, the authority may notify its decisions by ordinary mail or in another form. Notification must in all cases be in writing.

3. The authority may notify its decisions by publishing the operative part in the Official Gazette

a. to a party whose place of residence is unknown;

b. to a large number of participants who cannot be identified without excessive cost.

1. The authority may notify its decisions electronically to the parties who have given their explicit consent to this form of communication.

2. Decisions notified electronically shall contain an electronic signature. The Federal Administrative Court and the Cantonal Court for the decisions within its jurisdiction shall determine the format.

1. Except in cases where the law provides for gratuity, authorities may charge a fee and expenses to recover the costs incurred by the investigation and decision-making process.

1. A regulation of the Council of State determines the fees owed in administrative proceedings before the cantonal administrative authorities.

2. The municipalities issue the necessary regulations for the collection of fees owed in proceedings before them.

3. A regulation of the Cantonal Court [D] determines the fees owed in proceedings before it.

**1. In administrative proceedings, the authority may only request an advance on costs in the cases provided for in Article 29, paragraph 6, or when particular circumstances justify it.**

**2. In administrative appeal proceedings and appeals on points of administrative law, the appellant is generally required to provide an advance on costs. The authority may waive this requirement if particular circumstances demand it.**

**3. The authority shall assign a deadline to the party to provide the advance on costs and shall warn them that if payment is not made within the time limit, it will not proceed with the request or appeal.**

**4. The deadline for the payment of the advance on costs is considered met if, before its expiration, the amount due is paid to the Swiss Post or debited in Switzerland from a postal or bank account in favor of the authority.**

1. In administrative proceedings, costs are generally borne by the party that requests or prompts the decision of the authority.

1. In appeal proceedings, the costs are borne by the unsuccessful party. If the party's appeal is only partially denied, the costs are reduced accordingly.

2. Costs may be imposed on the successful party if they were incurred due to that party's wrongful conduct or violation of procedural rules.

1. When equity demands, particularly when the collection of fees would be unduly harsh for the party obliged to bear them, the authority may waive the collection of procedural fees.

1. When several parties are unsuccessful in the proceedings, the costs are apportioned among them, taking into account, in particular, their interest in the proceedings and the outcome of their submissions.

2. Parties who have proceeded as joint litigants are jointly liable for the costs charged to them.

1. Procedural costs cannot be charged to the Confederation and the State.

2. Exceptions are procedures in which they act to defend their patrimonial interests.

1. The recovery of procedural costs is the responsibility of the authority.

2. However, it may delegate this task to a specialized service.

1. Once the decision has become enforceable, the authority may, either ex officio or upon request, grant a reduction or waiver of the procedural costs under the conditions specified in Article 50.

2. This authority may also be delegated to a specialized service.

1. In appeal and review proceedings, the authority grants compensation to the party that entirely or partially prevails, reimbursing the costs incurred in defending its interests.

2. This compensation is charged to the party that loses the case.

3. The Council of State sets the schedule of costs for proceedings initiated before an administrative authority.

4. The Cantonal Court sets the schedule of costs for proceedings initiated before it.

1. If a party has unnecessarily prolonged or complicated the proceedings, their costs may be reduced or eliminated.

2. When a party only partially succeeds in their claim, the authority may reduce or offset the costs.

3. …

1. Article 51 shall apply by analogy to the allocation of costs.

1. A decision is enforceable

a. when it can no longer be challenged by an ordinary legal remedy, or

b. when the ordinary legal remedy does not have suspensive effect, or

c. when the suspensive effect is withdrawn.

1. The administrative authorities themselves shall ensure the execution of their decisions.

2. The decisions of the Cantonal Court are executed by the competent administrative authority in the first instance or by the authority designated for this purpose by the Cantonal Court.

1. Decisions imposing an obligation to pay a sum of money or to provide securities are executed through enforcement proceedings. Once they become final, they are equated with an enforceable judgment within the meaning of Article 80 of the Federal Act on Debt Enforcement and Bankruptcy [E].

1. To enforce non-monetary decisions, the authority may proceed with

a. direct enforcement against the person of the obligor or their assets;

b. enforcement by a mandated third party, at the obligor's expense.

2. The authority may, if necessary, seek the assistance of the cantonal or communal police.

3. Before resorting to a coercive measure, the authority shall warn the obligor thereof and grant them an appropriate period to comply. It shall draw their attention to the sanctions they may incur.

4. In case of imminent danger (peril in delay), the authority may proceed with enforcement without prior notice to the obligor.

5. The costs charged to the obligor shall be determined by a decision of the authority.

1. The authority itself shall, in principle, conduct the proceedings.

2. The authority may entrust the handling of the case to one of its members, to a subordinate person, to a specialized service, or to a third party. The parties shall be informed thereof.

3. If the case is handled by a member of the authority, that member is competent to strike the case off the roll following the withdrawal of the application, and to rule on requests for legal aid and provisional measures. In other cases, the authority alone is competent to make incidental decisions.

1. Within the limits of the law, the administrative authority has the discretionary power of review.

2. It is not bound by the conclusions of the parties.

1. A party may request the authority to re-examine its decision.

2. The authority shall consider the request

a. if the factual basis of the decision has significantly changed since then, or

b. if the applicant invokes important facts or means of proof which he could not have known at the time of the first decision, or which he could not or had no reason to invoke at that time, or

c. if the first decision was influenced by a crime or an offence.

1. If the petitioner intends to invoke one of the grounds mentioned in Article 64, paragraph 2, letters b) and c), they must file their request within ninety days from the discovery of said ground.

2. In the case provided for in Article 64, paragraph 2, letter b), the right to request a review additionally expires ten years from the notification of the decision.

3. Requests based on other grounds may be filed at any time.

4. The request for review does not have suspensive effect, unless otherwise decided by the authority.

1. When provided by law, an appeal is available against the decisions rendered at first instance.

2. The parties cannot resort to other means before having exhausted the appeal process.

1. The authority that rendered the contested decision shall rule on the claim.

1. The claim must be made in writing and with a brief statement of reasons within thirty days from the notification of the contested decision.

2. The deadline for claims against interim decisions is ten days.

1. The claim has a suspensive effect.

2. The authority may, ex officio or upon request, lift the suspensive effect if an overriding public interest demands it.

1. Articles 62 and 63 are applicable to the complaint procedure.

1. The complaint procedure is free of charge.

2. No costs are awarded.

3. However, the authority may charge all or part of the costs to the claimant who acts recklessly or frivolously.

1. For the rest, the provisions relating to administrative appeals apply by analogy to the claims procedure.

1. When a law provides for it, decisions and decisions on claims may be subject to an administrative appeal.

1. Final decisions are subject to appeal.

2. The absence of a decision may also be appealed when the authority delays or refuses to rule.

3. Interlocutory decisions concerning jurisdiction or a request for recusal are separately appealable, as are decisions on suspensive effect and provisional measures.

4. Other interlocutory decisions separately notified are appealable

a. if they may cause irreparable harm to the appellant, or

b. if the allowance of the appeal can immediately lead to a final decision that avoids a long and costly evidentiary procedure.

5. In other cases, interlocutory decisions are only appealable jointly with the final decision.

1. Right of Appeal

a. any natural or legal person who participated in the proceedings before the previous authority or was deprived of the opportunity to do so, who is affected by the contested decision and who has a legitimate interest worthy of protection in its annulment or amendment;

b. any other person or authority authorized by law to appeal.

1. An appellant may invoke

a. violation of the law, including excess or abuse of discretionary power;

b. inaccurate or incomplete ascertainment of the relevant facts;

c. inappropriateness.

1. Administrative appeal must be filed within thirty days from the notification of the contested decision.

1. When an appeal appears to be late, the authority shall ask the appellant to respond within a short deadline or to withdraw the appeal.

2. If the appeal is withdrawn, the case is dismissed without costs.

3. If the appeal is not withdrawn, the authority may issue a summary decision of inadmissibility. It shall decide on costs and expenses.

1. The appeal must be signed, or, if the appellate authority allows appeals to be submitted electronically, comply with the communication channels and formats approved by the authority, among those recognized under Article 27a. The appeal must state the grounds and conclusions of the appeal. The contested decision is attached to the appeal.

2. The appellant may not make claims that go beyond the scope established by the contested decision. However, they may present allegations and evidence that have not been previously submitted.

1. The administrative appeal has a suspensive effect.

2. The administrative authority or the appellate authority may, on their own initiative or upon request, lift the suspensive effect if an overriding public interest so requires.

3. Unless expressly stated otherwise, the suspensive effect withdrawn by law cannot be restored.

1. The authority notifies the appeal to the authority against whom the appeal is made and to the other parties to the procedure, and sets a deadline for them to respond.

2. The authority against whom the appeal is made submits its file, typically with its observations.

3. The authority may exceptionally order a second exchange of writings when required to respect the right to be heard, in particular when the authority against whom the appeal is made or another party to the procedure introduces new elements in their observations.

4. The authority may also request observations from interested authorities or third parties.

5. The deadlines set pursuant to paragraphs 1, 3, and 4 must not exceed thirty days. They may be extended if sufficient grounds are provided. Article 21, paragraph 3 of this law is applicable.

1. The authority may waive the exchange of written pleadings or, after such exchange, any other investigative measure when the appeal appears manifestly inadmissible, well-founded, or unfounded.

2. In such cases, it issues a decision of inadmissibility, admission, or rejection with a brief statement of reasons without delay.

1. In lieu of its determinations, the appealed authority may render a new decision partially or entirely in favor of the appellant.

2. The authority continues the proceedings of the appeal, insofar as it has not become irrelevant.

1. The authority attempts conciliation between the parties, if the matter is suitable.

1. The authority may assign the handling of the appeal to one of its members or a specialized collaborator with comprehensive legal training.

2. When the Council of State is the appeal authority, it may assign the handling to the department responsible for legal affairs.

3. In the cases mentioned in paragraphs 1 and 2, the person in charge of handling the case is competent to strike the case from the roll, and to decide on requests for legal aid and provisional measures.

1. The authority may, ex officio or upon request, take provisional measures necessary to preserve a factual or legal situation, or to protect threatened interests.

1. If there is imminent danger, the authority may order measures within the meaning of Article 86 immediately, without hearing the opposing party.

2. In this case, the authority grants the opposing party a short period to respond, then promptly issues a decision confirming or overturning the ordered measures.

1. If the provisional measures are likely to cause considerable harm, the authority may require the applicant to provide a security. The authority shall decide on the disposition of the security no later than at the time of the final decision.

1. The authority is not bound by the conclusions of the parties.

2. It may modify the decision to the advantage or to the detriment of the appellant.

3. In the latter case, it informs the appellant and sets a deadline for them to comment or to withdraw their appeal.

1. In the event of the appeal being admitted, the authority generally amends the contested decision. It may also annul it.

2. It refers the case back to the challenged authority for a new decision if the right to be heard or the guarantee of municipal autonomy requires it, if it deems that the challenged authority is best positioned to complete the investigation, or if amending would equate to deciding on the merits in place of the challenged authority.

1. The authority rules on costs and expenses.

1. The Cantonal Court has jurisdiction over appeals against decisions and decisions on appeals made by administrative authorities, when no other authority is designated by law to handle them.

2. Decisions of the Grand Council and the Council of State, whether in the first instance or on appeal, are not subject to appeal to the Cantonal Court.

1. In the field of social insurance, the Cantonal Court hears

a. appeals in accordance with Article 57 of the Federal Act on the General Part of Social Insurance Law (LPGA) [F];

b. appeals relating to hospitalizations outside the canton and disputes between insurers, within the meaning of the LAMal [G];

c. disputes and claims regarding liability in occupational old-age, survivors' and invalidity pension schemes between provident institutions and vested benefits institutions, employers and beneficiaries, as well as

d. disputes and claims for the division of the vested benefit in the event of divorce or the dissolution of a registered partnership.

1. A member of the Cantonal Court shall rule as a single judge

a. in the field of social insurance, on appeals where the value in dispute does not exceed CHF 30,000, and on those lodged against a fine;

b. when provided for by special law;

c. to strike the case from the roll;

d. on manifestly inadmissible appeals.

2. The investigating magistrate is competent to render procedural decisions, decisions relating to suspensive effect, provisional measures, and legal aid. Decisions on provisional measures and those relating to suspensive effect may be appealed to the Court within a period of 10 days from notification of the decision.

3. The judge may refer the case to the Court if the matter presents a certain complexity.

4. A Chamber of the Cantonal Court shall rule in other cases.

1. Appeals to the Cantonal Court must be filed within 30 days from the notification of the decision or judgment being challenged.

1. Unless otherwise provided by law, time limits fixed in days by law or by the authorities do not run

a. from the seventh day before Easter to the seventh day after Easter inclusive;

b. from 15 July to 15 August inclusive;

c. from 18 December to 2 January inclusive.

2. The first paragraph is not applicable in proceedings relating to suspensive effect and other provisional measures.

1. Hearings on debates ordered by the Cantonal Court are public.

2. The authority may, either on its own initiative or upon request, order the proceedings to be held in camera.

1. The appellant may invoke

a. violation of the law, including excess or abuse of discretionary power;

b. inaccurate or incomplete ascertainment of the relevant facts.

1. The Cantonal Court shall issue its decision within a maximum period of one year from the filing of the appeal.

2. In the case of an expert report, this period is suspended for the duration of the expert's assignment.

1. Furthermore, the provisions of Chapter IV apply by analogy to the appeal to the Cantonal Court.

1. A decision on appeal or a judgment rendered in application of the present law and having become final may be annulled or modified, upon request

a. if they were influenced by a crime or an offense, or

b. if the applicant invokes important facts or means of proof that they could not have known at the time of the first decision or which they could not or had no reason to invoke at that time.

2. New facts that occurred after the pronouncement of the decision or judgment cannot give rise to a request for review.

1. The application for review must be filed within ninety days from the discovery of the ground for review.

2. In the case mentioned in Article 100, paragraph 1, letter b), the right to request a review additionally expires ten years from the notification of the decision or judgment in question.

1. The authority which rendered the decision or judgment in question shall rule on the application for revision.

1. The request for revision does not suspend the execution of the decision or judgment in question.

2. If the circumstances so require, the authority may grant suspensive effect to the request.

1. The decision or judgment rendered on a petition for revision is subject to the same avenues of appeal as the decision or judgment that was modified or annulled.

1. For the rest, the procedural provisions related to the decision or judgment referred to in the application for revision are applicable to the revision procedure.

1. When specifically provided by law, the Cantonal Court has jurisdiction over administrative law actions in cases of disputes related to cantonal public law claims that do not arise from an administrative decision.

1. The single judge shall have jurisdiction to hear administrative law actions to the extent provided by Article 94, first paragraph.

1. In the absence of a specific legal provision to the contrary, the authority cannot exceed the claims of the parties.

2. In the field of social insurance law, the Cantonal Court is not bound by the claims of the parties. Under the conditions set out in Article 89, paragraph 3, it may rule against the claimant or grant more than what has been requested.

1. Articles 14 to 22, 24 to 42, 44 to 57, 59, 60, 75, 82, 94, and 100 to 105 apply mutatis mutandis to the action procedure.

2. For the remainder, the provisions of the legislation on civil procedure [C] are applicable.

1. When the investigating judge is seized pursuant to Article 142, paragraph 2, of the Civil Code [H] or Article 33 of the Federal Act on the Registered Partnership between Same-Sex Persons [I], they shall set a deadline for each of the relevant occupational pension institutions to produce a statement of the accrued decisive assets during the marriage or registered partnership, supplemented by a certificate confirming that the division of the termination benefit of the concerned ex-spouse or ex-partner is feasible.

2. The investigating judge shall automatically transmit these documents to the ex-spouses or ex-partners, setting a deadline for them to submit their determinations and make requests.

3. In the event of a dispute by one of the ex-spouses or ex-partners, the investigating judge shall forward it to the other party and the concerned occupational pension institutions, setting a deadline for them to submit their determinations and make requests.

1. In the absence of any dispute between the parties, the investigating judge shall rule as a single judge based on the case file.

2. In the event of a dispute, Article 94 shall apply by analogy.

1. Occupational pension institutions are required to determine the benefits in capital and interest, as well as to provide any required documents in their possession and any useful information.

2. Article 49, paragraph 2, applies to the pension institution that breaches the obligation set forth in the first paragraph.

3. Reporting to the supervisory authority is reserved.

1. The Jurisdiction of the Insurance Arbitration Tribunal is Exclusively Established by Federal Law.

1. The Insurance Arbitration Tribunal is composed

a. of a cantonal judge who presides over the tribunal;

b. of arbitrators appointed for each case.

2. The President of the Cantonal Tribunal designates the President of the Insurance Arbitration Tribunal.

3. The President of the Insurance Arbitration Tribunal designates the arbitrators as well as their substitutes in the event that one or other of the arbitrators does not accept their appointment, is prevented from serving, or is recused.

4. The arbitrators shall consist, in equal numbers, of representatives of insurers within the meaning of the LAMal [G] or LAA [J], respectively of military insurance or disability insurance, on the one hand, and of the concerned service providers, on the other hand.

1. The president of the Insurance Arbitration Tribunal summons the parties to a hearing and attempts conciliation. If conciliation fails, he appoints the arbitrators.

2. The parties may propose arbitrators. The president is not bound by these proposals but must uphold the principle of equal representation on the tribunal.

1. For the rest, the provisions of this Act relating to administrative law action are applicable to the proceedings before the Insurance Arbitration Tribunal.

1. Pending cases before administrative authorities and administrative justice at the time of entry into force of this law shall be processed according to this law.

2. Pending administrative law actions before civil judicial authorities at the time of entry into force of this law shall continue to be processed by these authorities.

1. The Law of December 18, 1989, on Administrative Jurisdiction and Procedure is repealed.

2. The Law of December 2, 1959, on the Insurance Court is repealed.

1. The Council of State is responsible for the execution of the present law. It shall publish the text, in accordance with Article 84, paragraph 1, letter a) of the cantonal constitution and shall set, by decree, the date of its entry into force.