Unabhängiger Verwaltungssenat
des Landes Oberösterreich
A-4012 Linz, Fabrikstraße 32 | phone (+43 732) 70 75-155 85 | fax (+43 732) 70 75-21 80 18

The course of the proceedings

General principles

Any proceedings before the Independent Administrative Tribunal begin with a document initiating proceedings, which will be designated accordingly for the type of process (appeal, petition, application etc.).

Proceedings before the UVS are subject to the General Administrative Procedures Act 1991 (Allgemeine Verwaltungsverfahrensgesetz 1991 AVG) and the Administrative Penal Act 1991 (Verwaltungsstrafgesetz VStG). These acts also contain special provisions for proceedings before the UVS in §§ 67a to 67h AVG and §§ 51 to 51i VStG.

For proceedings before the UVS representation by a lawyer is not mandatory, although one is, of course, permitted to appoint a lawyer. For proceedings relating to administrative criminal law, the possibility exists, in accordance with § 51a VStG, provided certain conditions are met and upon application by the accused, for a legal aid defence lawyer to be provided.

Responsibility for conducting the proceedings may fall to a single member or a chamber. (§ 67a para. 1 AVG or § 51c VStG). Precisely which member or chamber is responsible in a particular case is determined by the allocation of duties derived on the basis of Art. 129b para. 2 B-VG.

A public in-person hearing may be held before the UVS either upon application, this being submitted at the time of appeal, or ex officio; in certain cases the court hearing can be waived (§ 67d AVG or § 51e VStG). In such hearings the appellant and any other parties have in particular the right to question the witnesses and experts.

The following costs apply

Application fee (for administrative and appeals proceedings) 14.30 Euro (Fees Act 1957) with no additional charges
Administrative penal proceedings In the case of appeal proceedings, a contribution to the costs amounting to 20% of the penalty imposed is payable if the appeal is not allowed at least in part. (§§ 64 to 66 VStG)
Appeals and complaints in respect of the Alien Police Act, the Security Police Act or the Police Co-operation Act The prevailing party is entitled to claim reimbursement of its expenses from the defeated party. (§ 79a AVG, UVS Reimbursement Regulation 2008)
Other proceedings The general regulations on costs of §§ 74 to 79 AVG apply.
Proceedings arising from the Upper Austrian Law on Legal Protection in the Award of Public Contracts 2006 The rate of fees is determined by the Upper Austrian Regulation on Flat Rate Fees in the Awarding of Contracts (Oö. Vergabe-Pauschalgebührenverordnung)

Witnesses in UVS proceedings are entitled to attendance money in accordance with the Fees Entitlement Regulation (Gebührenanspruchsgesetz) 1975.
Proceedings before the UVS are usually concluded with a ruling (finding / decision) which is served in writing on both parties.
No further appeal against decisions by the UVS is permitted. However, within six weeks of the decision being delivered, a complaint can be filed with the Constitutional Court and/or the Administrative Court; this must – other than in the case of certain legally defined exceptions – be filed by an authorised attorney. For every such complaint a submission fee of 220 Euro is payable.