Unabhängiger Verwaltungssenat
des Landes Oberösterreich
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Proceedings before the Independent Administrative Tribunal are regulated by the General Administrative Procedures Act 1991 and the Administrative Penal Act 1991, with special provisions being included in the Upper Austrian Act on Contract Award Procedures (Oö. Vergabenachprüfungsgesetz) or the Upper Austrian General Fiscal Law 1996 (Oö. Landesabgabenordnung).
In accordance with 129a para. 1 of the Federal Constitution Act (B-VG) the Independent Administrative Tribunals adjudicate once all levels of appeal against the administration have been exhausted, in so far as an appeal is deemed appropriate

  1. in proceedings resulting from administrative offences, with the exception of financial criminal cases of the state
  2. on complaints by persons who claim that their rights have been violated as a result of the exercise of the power of command and execution by the authorities, with the exception of financial criminal cases of the state,
  3. in other cases assigned to them by the federal or provincial laws governing the individual administrative areas,
  4. on complaints regarding violations of the duty to take decisions in cases under subsection 1 where it is a question of a private prosecution or prosecution under provincial tax laws, or under subsection 3.
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Austrian laws

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Laws of the federal province

In addition to this there is a tendency to employ the UVS as the appellate authority in all administrative areas, including in ongoing legislative planning (draft proposals, government bills). In this context administrative decisions must be reached within a maximum of six months (§ 73 para. 1 AVG), a period which may be shortened in numerous special fields. This applies, for example, in the case of granting interlocutory injunctions (one week), decisions in the sub-threshold area, and other decisions (two months), and decisions regarding driving bans arising from the Driving Licences Act (three months). Decisions in respect of deportation (time allowed for decision one week) and claims on the basis of § 78 para. 1 of the 1994 Trade Regulations ("endangering of life or health") must also be taken very quickly.


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