Ordinance on the Appeal Procedure before the Government Council

1 Scope of Application

This Ordinance regulates the procedure for the preparation of appeals decisions of the Government Council.

2 Decisions of the Government Council on appeals directed against orders of directorates or commissions equivalent to them shall be prepared by the Legal Department of the State Chancellery.

3 Decisions of the Government Council on appeals against orders and appeals decisions of the district councils and the chief administrative officers shall be prepared by the directorate responsible for the matter.

4 Decisions of the Government Council on appeals against appeals decisions of the chief administrative officers concerning traffic orders in the cities of Zurich and Winterthur shall be prepared by the Legal Department of the State Chancellery.

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B. Responsibilities

1 The President of the Government Council is responsible for deciding definitively on applications for

1. interim measures,

2. restoration of suspensive effect,

3. withdrawal of suspensive effect,

4. grant of legal aid.

President of the Government Council

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172.15 Appeals Procedure before the Government Council – V

2 The President of the Government Council decides on an appeal procedure if only the application for an award of party costs is pending.

1 The State Chancellery is responsible for orders concerning

1. the imposition of an advance on costs and its remission,

State Chancellery

and

Directorates

2. the granting of an extension for the improvement of a deficient appeal

document,

3. requests according to §§ 6a and 6b VRG to provide a domicile for

service or a representative,

4. the determination of a domicile for service or a representative,

5. the ordering of superprovisional measures,

6. obtaining the statements from the lower instance and the involved

parties,

7. the execution of a second exchange of pleadings,

8. the clarification of the facts and the undertaking of related

investigations, such as obtaining official reports and expert opinions,

and conducting inspections,

9. the notification that the fact-finding has been concluded,

10. the communication when the processing period since the conclusion of the

fact-finding cannot be adhered to,

11. the warning of a reformatio in peius,

12. the determination that an appeal procedure has been concluded due to

withdrawal, obsolescence, or reconsideration.

2 If a Directorate prepares the decision, it is responsible for the orders

according to paragraph 1.

1 If a decision on appeal by the Government Council is challenged before a legal remedy instance, the Government Council shall be represented by the State Chancellery.

2 If a department has prepared the decision, it is authorized to represent the Government Council before the legal remedy instance.

Consultation

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Appeal Procedure before the Government Council – V

172.15

**Entry into Force**

1 OS 54, 391.

2 LS 172.1; today: Law on the Organization of the Government Council and the Cantonal Administration (OG RR) of 6 June 2005.

3 LS 175.2; today: § 26 para. 2.

4 Inserted by Government Council Resolution of 25 August 1999 (OS 55, 444). In force since 1 October 1999.

5 Inserted by Government Council Resolution of 18 July 2007 (OS 62, 304; AB12007, 1333). In force since 1 September 2007.

6 Version according to Government Council Resolution of 18 July 2007 (OS 62, 304; ABI 2007, 1333). In force since 1 September 2007.

7 Repealed by Government Council Resolution of 18 July 2007 (OS 62, 304; ABI 2007, 1333). In force since 1 September 2007.

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