Art. 40 Legge sulla procedura amministrativa (VRP)

DIGS411.695 · sg (Art. 40 Abs. 2 und Art. 43bis Abs. 1 Bst. a VRP)

Social Assistance Recipient v. Housing Subsidy Reduction Due to Unassessed Medical Condition

Cited to establish the Department's jurisdiction to decide on the appeal (Erw. 1.2).

21.4465 · sg (Art. 40 Abs. 1 VRP)

Appeal Regarding Retaining Wall Permit and Jurisdictional Issues

Cited in the reasoning regarding the different appeal routes for decisions by different authorities, but not explicitly in the final orders.

I.2.2021.89 · sg (Art. 40 Abs. 2 VRP)

Upheld Fees for Police Custody and Medical Examination Caused by Intoxication and Suspected Harassment

This procedural provision was cited in the reasoning to establish the jurisdiction of the Administrative Appeals Commission, which is relevant to the final order dismissing the appeals.

EL.2021.15 · sg (Art. 40 ff. VRP/SG)

Claimant v. Administrative Body Regarding Retrospective Benefit Repayment Calculation and Procedural Error

Procedural basis cited for the part of the appeal concerning the cantonal law part (extraordinary supplementary benefits).

DIGS411.619 · sg (Art. 40 ff. VRP)

Informational Letter and Notices Lack Appealable Decision Status

Cited as the provision governing valid objects of appeal (decisions or judgments), leading to the finding that no appealable object existed.

IV.2019.225 · sg (Art. 40 VRP)

Claimant v. Disability Insurance Benefits Denial (Substance Abuse/Personality Disorder)

The implicit procedural basis for the decision announced in the dispositive (although the dispositive states Art. 39 VRP, the rule governing costs/compensation/judgment structure often involves specific procedural codes; however, since only explicit citations are allowed, and Art. 39 is mentioned in the header of the final orders, we should prioritize what is explicitly in the numbered orders. Since Art. 39 VRP is mentioned in the header of the dispositive section, it is considered procedural application in the context of the final orders.)

B.2015.292 · sg (Art. 40 Abs. 1 VRP)

Reduction of Social Assistance Benefits for Failure to Report Income and Possessing Railway Pass

Cited in reference to the unlimited cognisance of the municipal council in the appeal procedure, which helped confirm the healing of the procedural error.

B.2015.292 · sg (Art. 40 Abs. 1 VRP)

Reduction of Social Assistance Benefits for Failure to Report Settlement and Possessing Transport Pass

Cited in the reasoning regarding the cognisance of the Municipal Council during the appeal stage, but not in the final orders.

IV.2014.188 · sg (Art. 40 VRP)

Disability Benefits Re-application Procedure and Entitlement

Cited in the heading of the decision as the basis for proceeding via circulation/written procedure (though the final orders do not reference it).

IV.2013.486 · sg (Art. 40 VRP)

Disability Appeal Dismissed Due to Insufficient Invalidity Degree

Used to order the procedure to be conducted via circulation.

B.2011.177 · sg (Art. 40 VRP)

Administrative Court Upholds Dismissal of Moot Appeal Regarding Past Event

The court determined that the document in question was only partially appealable under this provision, but the appeal regarding other aspects was not admissible.

B.2011.177 · sg (Art. 40 VRP)

Forestry Permit Date Change Appeal Dismissal Due to Untimeliness and Loss of Standing

The court references this provision in the reasoning concerning the inadmissibility of the appeal because the contested letter did not constitute an appealable object (Verfügung).

I.2.2011.61 · sg (Art. 40 Abs. 2 VRP)

Commission Lacks Jurisdiction Over Direct Appeal of Tax Assessment Revision Rejection

Cited in the preamble, relevant to the rules for immediate appeal to the cantonal review authority.

I.2.2011.61 · sg (Art. 40 Abs. 2 VRP)

Administrative Review Commission Lacks Jurisdiction Over Direct Real Estate Transfer Tax Appeal Due to Improper Procedural Filing

Cited in the reasoning to confirm that the general provision allowing direct appeal to the cantonal review body does not override special legal provisions regarding taxes.

I.2.2010.110 · sg (Art. 40 Abs. 2 VRP)

Administrative Appeal Commission v. Property Owner Road Contribution Liability

Cited in the reasoning to justify the competence of the Administrative Appeals Commission based on cantonal/city procedural rules.