Administrative procedural law (VwVfG)

Unofficial table of contents

VwVfG

Date of completion: 25.05.1976

Full quote:

" Administrative Procedure Act as amended by the Notice of 23 January 2003 (BGBl. 102), the most recent of which is Article 3 of the Law of 25 July 2013 (BGBl. 2749).

Status:	New by Bek. v. 23.1.2003 I 102
	Last amended by Art. 3 G v. 25.7.2013 I 2749

For more details, please refer to the menu under Notes

Footnote

(+ + + Text proof applicable: 1.1.1977 + + +) 
(+ + + measures on the basis of the EinigVtr cf.  VwVfG Appendix EV + + +) 

  

Unofficial table of contents

Content Summary

Part I
the scope, local competence,
electronic communications, mutual assistance,
European administrative cooperation

Section 1
the scope,
local competence, electronic communications

§ 1	Scope
§ 2	Derogations from the scope
§ 3	Local competence
§ 3a	Electronic communications

Section 2
Mutual assistance

§ 4	Administrative assistance
§ 5	Conditions and limits of mutual assistance
§ 6	Selection of the Authority
§ 7	Implementation of mutual assistance
§ 8	Costs of mutual assistance

Section 3
European administrative cooperation

§ 8a	Principles of assistance
§ 8b	Form and handling of requests
§ 8c	Cost of assistance
§ 8d	Communications from the Office of the European Parliament
§ 8e	Applicability

Part II
General rules on administrative procedures

Section 1
Procedural principles

§ 9	The term of the administrative procedure
§ 10	Non-formality of the administrative procedure
§ 11	Participation capacity
§ 12	Ability to act
§ 13	Participants
§ 14	Authorised agents and advisers
§ 15	Appointment of a receiving agent
§ 16	Appointment of a representative from office
§ 17	Representatives with uniform inputs
§ 18	Representatives of interested parties with the same interest
§ 19	Common rules for representatives in the case of uniform inputs and with the same interest
§ 20	Excluded People
Section 21	Concern of partiality
Section 22	Start of proceedings
Section 23	Official language
§ 24	Investigation principle
Section 25	Advice, information, early public participation
Section 26	Evidence
§ 27	Insurance on Eides
§ 27a	Public notice on the Internet
§ 28	Hearing Participant
§ 29	File inspection by participants
§ 30	Secrecy

Section 2
Deadlines, dates, reinstatation

Section 31	Deadlines and dates
Section 32	Reinstatation to the previous level

Section 3
Official certification

§ 33	Certification of documents
Section 34	Legalisation of signatures

Part III
Administrative

Section 1
Establishment of the administrative act

§ 35	The term of the administrative act
§ 36	Administrative measures
Section 37	Determination and form of the administrative act; legal appeal
§ 38	Assertion
§ 39	Explanatory statement of the administrative act
§ 40	Discretion
Section 41	Announcement of the administrative act
§ 42	Open inaccuracies in the administrative act
§ 42a	Approval fiction

Section 2
Administrative act

Section 43	Effectiveness of the administrative act
Section 44	Nullity of the administrative act
§ 45	Healing of process and form errors
Section 46	Consequences of procedural and procedural errors
§ 47	Reinterpretation of an erroneous administrative act
§ 48	Withdrawal of an illegal administrative act
§ 49	Revocation of a legitimate administrative act
§ 49a	Refund, interest rate
§ 50	Withdrawal and revocation of the right of appeal
Section 51	Recovery of the procedure
Section 52	Return of documents and property

Section 3
Statute of limitations of the administrative act

Section 53

Limitation of the statute of limitations by administrative act

Part IV
Public-legal contract

§ 54	Admissibility of the public service contract
§ 55	Comparison Contract
§ 56	Exchange Contract
Section 57	Font
Section 58	Consent of third parties and authorities
§ 59	Nullity of the public service contract
§ 60	Adaptation and dismissal in special cases
Section 61	Subjugation under Immediate Enforcement
Section 62	Supplementary application of rules

Part V
Special procedures

Section 1
Formal administrative procedure

§ 63	Application of the rules on formal administrative procedures
Section 64	Form of application
Section 65	Participation of witnesses and experts
Section 66	Obligation to consult interested parties
Section 67	Requirement of oral proceedings
Section 68	Course of oral proceedings
Section 69	Decision
Section 70	Ruling on the decision
Section 71	Special provisions for formal procedure before committees

Section 1a
Procedure for a single body

Section 71a	Applicability
Section 71b	Procedure
Section 71c	Information requirements
§ 71d	Mutual assistance
§ 71e	Electronic procedure

Section 2
Plan determination procedures

Section 72	Application of the rules on the planning of planning procedures
Section 73	Consultation procedure
Section 74	Plan approval decision, plan approval
§ 75	Legal effects of plan determination
Section 76	Plan changes before completion of the project
Section 77	Repeal of the plan determination decision
Section 78	Meetings of several projects

Part VI
Redress procedure

§ 79	Legal remedies against administrative acts
§ 80	Reimbursement of costs in pre-trial proceedings

Part VII
Voluntary activity, committees

Section 1
Voluntary activity

§ 81	Application of the rules on voluntary activity
Section 82	Duty to volunteer
Section 83	Exercise of volunteer work
Section 84	Confidentiality of Obligations
§ 85	Compensation
§ 86	Dismise
Section 87	Irregularities

Section 2
Committees

Section 88	Application of the rules on committees
§ 89	Order in the sittings
§ 90	Quorum
Section 91	Decision-making
§ 92	Elections by committees
Section 93	Niederschrift

Part VIII
Final provisions

Section 94	Transfer of Public Tasks
§ 95	Special arrangements for defence matters
§ 96	Transfer of procedures
Section 97	(dropped)
Section 98	(dropped)
§ 99	(dropped)
§ 100	National regulations
§ 101	City State Clause
Section 102	Transitional provision on § 53
Section 103	(Entry into force)

Part I
Scope, local competence, electronic communications, mutual assistance, European administrative cooperation

Section 1
Scope, local competence, electronic communications

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§ 1 Scope

(1) This Act shall apply to the public administration activities of the authorities

1.

the federal government, the federal corporations, the institutions and foundations of public law,

2.

the Länder, municipalities and associations of municipalities, the other legal persons under public law under the supervision of the country, if they execute federal law on behalf of the federal government,

(2) This Act shall also apply to the public administration activities of the authorities referred to in paragraph 1 (2), if the Länder are federal law, subject to the exclusive or competing legislation of the Federal Republic of Germany, as a separate matter, unless the federal legislation contains identical or contrary provisions. For the execution of federal laws, which are enacted after the entry into force of this law, this applies only to the extent that the federal laws, with the consent of the Federal Council, declare this law applicable. (3) For the execution of federal law by the This law does not apply to countries where the public administration activities of the authorities are governed by an administrative procedural law. (4) Authority within the meaning of this Act is any body responsible for the tasks of the public authorities. Management. Unofficial table of contents

§ 2 Exceptions to the scope of application

(1) This Act shall not apply to the activities of churches, religious societies and communities of worldview and their associations and bodies. (2) This Act shall not apply to:

1.

Procedures of federal or state financial authorities in accordance with the levy regulations,

2.

prosecution, prosecution and prosecution of administrative offences, legal assistance for foreign countries in criminal and civil matters and, without prejudice to § 80 (4), for the measures of the right of judicial service,

3.

Proceedings before the German Patent and Trademark Office and the arbitral offices established at the German Patent and Trademark Office,

4.

Procedure in accordance with the Social Code,

5.

the right of burden-sharing,

6.

the right of redress.

(3) For the activity

1.

the judicial authorities and the authorities of the administration of justice, including the bodies of public law subject to their supervision, shall apply this law only in so far as the activities of the judicial review by the courts of the administrative jurisdiction or by the courts in administrative law, patent attorment and notary matters;

2.

the authorities in the case of performance, aptitude and similar examinations of persons shall be subject only to § § 3a to 13, 20 to 27, 29 to 38, 40 to 52, 79, 80 and 96;

3.

This law does not apply to the Federal Government's representations abroad.

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§ 3 Local competence

(1) Local authority

1.

in matters relating to immovable property or a local law or relationship, the authority in whose district the property or place is situated;

2.

in matters relating to the operation of a business or of one of its premises, the pursuit of a profession or other permanent activity, the authority in whose district the undertaking or establishment or whether the profession or activity is or is to be pursued;

3.

in other matters,

a)

involve a natural person, the authority in whose district the natural person has his or her habitual residence or last,

b)

involve a legal person or an association, the authority in whose district the legal person or association has its registered office or last;

4.

in matters where the responsibility does not arise from points 1 to 3, the authority in whose district the official act is the subject of an act of office.

Where a number of authorities are competent in accordance with paragraph 1, the competent authority shall decide on the matter first, unless the joint competent supervisory authority determines that a different local authority is to be established. decision. In cases where the same matter relates to a number of premises of an establishment or undertaking, it may designate one of the competent authorities competent pursuant to paragraph 1 (2) as the joint competent authority, provided that this is in accordance with: of the interests of the parties to the uniform decision. This supervisory authority shall also decide on local competence if several authorities consider themselves competent or uncompetent, or where competence is doubtful for other reasons. In the absence of a common supervisory authority, the competent supervisory authorities shall jointly take the decision. (3) In the course of the administrative procedure, the circumstances giving rise to the competent authorities may change, the competent authority so far may the administrative procedure shall continue if it is to serve the interests of the parties involved in the simple and effective implementation of the procedure and if the competent authority is now in agreement. (4) In the event of a risk of default, the administrative procedure shall be Measures shall be carried out by any authority in the district of which the event is responsible for the Act of official act. The competent authority referred to in paragraph 1 (1) (1) to (3) shall be informed immediately. Unofficial table of contents

§ 3a Electronic Communications

(1) The transmission of electronic documents shall be admissible in so far as the addressee has access to such documents. (2) A form of writing ordered by legislation may, unless otherwise provided by legislation, by means of which: Electronic form shall be replaced. The electronic form is sufficient for an electronic document, which is provided with a qualified electronic signature according to the signature law. The signing with a pseudonym, which does not allow the identification of the person of the signature key holder directly by the authority, is not allowed. The font form can also be replaced

1.

by direct delivery of the declaration in an electronic form provided by the authority in an input device or via publicly accessible networks;

2.

in the case of applications and advertisements, by sending an electronic document to the authority with the method of dispatch in accordance with Article 5 (5) of the De-Mail-Law;

3.

in the case of electronic administrative files or other electronic documents issued by the authorities by sending a De-Mail-message pursuant to § 5 (5) of the De-Mail-Law, in which the certification of the accredited service provider is the issuing authority can be recognized as a user of the De-Mail account;

4.

by other secure procedures, which are determined by the Federal Government's legal regulation with the consent of the Federal Council, which authenticate the data transmitter (sender of the data) and the integrity of the electronically transmitted The IT Planning Council shall issue recommendations on appropriate procedures.

In the cases referred to in sentence 4 (1), a secure identification of identity in accordance with § 18 of the German Personnel Reference Act or pursuant to Section 78 (5) of the Residence Act must be made in the case of input via publicly accessible networks. (3) If the electronic document is not suitable for processing, it shall inform the sender without delay, stating the technical framework conditions applicable to the sender. If a consignee asserts that he cannot process the electronic document transmitted by the authority, it shall re-transmit it in a suitable electronic format or as a document.

Section 2
Mutual assistance

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§ 4 Administrative aid

(1) Each authority shall, upon request, provide additional assistance to other authorities (mutual assistance). (2) Assistance shall not be provided where:

1.

provide assistance to each other within an existing instruction;

2.

the assistance shall be in the form of acts which the requested authority is responsible for as its own task.

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§ 5 Conditions and limits of mutual assistance

(1) An authority may request assistance in particular if it is

1.

may not, for legal reasons, make the official act himself;

2.

for actual reasons, in particular because of the absence of the service staff or bodies required to carry out the official act, cannot carry out the official act itself;

3.

, in order to carry out their duties, rely on the knowledge of facts which are unknown to it and which it is not able to determine;

4.

require documents or other evidence in the possession of the requested authority in order to carry out their duties;

5.

the official act could only be carried out with much greater effort than the requested authority.

(2) The requested authority shall not be allowed to provide assistance if:

1.

it is not in a position to do so for legal reasons;

2.

by providing assistance to the well-being of the federal government or a country would have significant disadvantages.

The requested authority shall not be obliged, in particular, to submit documents or files and to provide information if the transactions have to be kept secret according to a law or by its nature. (3) The requested authority needs help not to be provided where:

1.

another authority can make the aid much easier or with much less effort;

2.

it could only provide the aid with a disproportionate effort;

3.

it would seriously jeopardise the performance of its own tasks, taking into account the tasks of the applicant authority.

(4) The requested authority may not refuse assistance because it considers the request for reasons other than those referred to in paragraph 3 or because it considers the measure to be implemented with the assistance of the administrative assistance to be inappropriate. (5) Does the requested authority shall not be required to provide assistance, it shall inform the applicant authority of its views. If the latter insists on mutual assistance, the joint competent supervisory authority or, where such an absence exists, the competent supervisory authority responsible for the requested authority shall decide on the obligation to assist in the mutual assistance. Unofficial table of contents

Section 6 Selection of the Authority

Where a number of authorities are eligible for mutual assistance, an authority shall be requested, where possible, to the lowest administrative level of the administrative branch to which the applicant authority is a member. Unofficial table of contents

Section 7 Implementation of mutual assistance

(1) The admissibility of the measure to be carried out by mutual assistance shall be determined by the authority of the applicant authority, the implementation of the administrative assistance in accordance with the law applicable to the requested authority. (2) The applicant authority shall bear the in relation to the requested authority, the responsibility for the legality of the measure to be taken. The requested authority shall be responsible for the implementation of the assistance. Unofficial table of contents

Section 8 Costs of mutual assistance

(1) The requesting authority shall not have to pay an administrative fee to the requested authority for the assistance of the Office. They shall reimburse the requested authority upon request if they exceed EUR 35 in each individual case. If the authorities of the same legal entity provide mutual assistance, the expenses shall not be reimbursed. (2) If the requested authority takes charge of a paid official act in order to carry out the assistance, it shall be entitled to do so by a third party for the purpose of carrying out the assistance. the costs (administrative fees, user charges and expenses) are due.

Section 3
European administrative cooperation

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Section 8a Principles of assistance

Each authority shall, upon request, provide assistance to the authorities of other Member States of the European Union, in so far as this is necessary in accordance with legal acts of the European Community. (2) The authorities of other Member States of the European Union may be responsible for: Assistance shall be requested in so far as this is authorised in accordance with the provisions of European Community legislation. (3) Articles 5, 7 and 8 (2) shall apply mutas to the extent to which acts of the European Community are not contrary to the provisions of Article 5 (7) and (8) of the Treaty. Unofficial table of contents

Section 8b Form and handling of requests

(1) Requests shall be made in German to the authorities of other Member States of the European Union, and shall be accompanied, where necessary, by a translation. The requests shall be justified in accordance with the provisions of Community law and with the reference to the relevant act. (2) Request from the authorities of other Member States of the European Union may only be dealt with if their content is in German Language from the files. Where necessary, a translation should be requested from the requesting authority when requested in another language. (3) Request from the authorities of other Member States of the European Union may be rejected if they are not properly , and the relevant legal act is indicated, and the necessary justification is not submitted after the request. (4) The Commission's facilities and tools for the treatment of requests shall be used. Information is to be transmitted electronically. Unofficial table of contents

§ 8c Costs of assistance

The requesting authorities of other Member States of the European Union shall only reimburse administrative fees or expenses to the extent that this may be required in accordance with the provisions of European Community legal acts. Unofficial table of contents

Section 8d Communications of its own motion

The competent authority shall communicate to the authorities of other Member States of the European Union and to the Commission information on facts and persons, to the extent that this is necessary in accordance with the provisions of European Community legislation. In doing so, the information networks set up for this purpose shall be used. (2) A public authority shall send information, in accordance with paragraph 1, to the authority of another Member State of the European Union, informing the person concerned of the fact of the Transmission as far as acts of the European Community so provide, indicating the nature of the information and the purpose and the legal basis of the transmission. Unofficial table of contents

§ 8e Applicability

The provisions of this section shall, by the date of the entry into force of the relevant legislative act of the European Community, apply, moreover, at the end of the relevant period of transposition, if this act has a direct effect. They shall also apply in relation to the other States Parties to the Agreement on the European Economic Area, to the extent that acts of the European Community are to be applied to those States.

Part II
General rules on administrative procedures

Section 1
Procedural principles

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§ 9 Term of administrative procedure

The administrative procedure within the meaning of this Act is the external action of the authorities, which shall be responsible for examining the conditions, preparation and adoption of an administrative act or the conclusion of a public service It shall include the adoption of the administrative act or the conclusion of the public service contract. Unofficial table of contents

Section 10 Non-formality of the administrative procedure

The administrative procedure shall not be bound by certain forms, unless there is any specific legislation in the form of the procedure. It is simple, expedient and quick to carry out. Unofficial table of contents

§ 11 Participation capacity

Able to be involved in the procedure are

1.

natural and legal persons,

2.

associations, in so far as they are entitled to a right,

3.

Authorities.

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§ 12 Capacity to act

(1) Ability to take procedural steps

1.

natural persons, who are capable of business in accordance with civil law,

2.

natural persons, who are limited in business capacity under civil law, insofar as they are acting in accordance with the provisions of civil law as being capable of acting or governed by public law as being subject to the procedure laid down in are recognised as capable of action,

3.

legal persons and associations (§ 11 no. 2) by their legal representatives or by special representatives,

4.

Authorities through their directors, their representatives or representatives.

(2) Subject to a reservation of consent in accordance with § 1903 of the Civil Code, the subject-matter of the procedure is a business-capable subject only to the extent that it is capable of carrying out procedural acts in so far as it is subject to the provisions of the bourgeois law. § § 53 and 55 of the Code of Civil Procedure apply accordingly. (3) § § § 53 and 55 of the Code of Civil Procedure apply accordingly. Unofficial table of contents

Section 13 Participants

(1) Participants are:

1.

applicants and defendant,

2.

those to which the Authority intends to direct or direct the administrative act,

3.

those with whom the Authority intends to conclude or have concluded a public service contract,

4.

those who have been consulted by the Authority in accordance with paragraph 2.

The Authority may, on its own account or at the request of the Authority, include those whose legal interests may be affected by the outcome of the proceedings as parties to the proceedings. If the outcome of the proceedings has a legal effect on a third party, it shall be added to the proceedings at the request of a party; in so far as it is known to the Authority, the latter shall notify it of the initiation of the proceedings. (3) Those who are to be heard without the conditions set out in paragraph 1 shall not be involved in this way. Unofficial table of contents

Section 14 Plenipotentiaries and advisers

(1) A participant may be represented by an authorised representative. The power of attainment shall be authorized to all procedural acts relating to the administrative procedure, unless the content of such acts is different. The authorised representative shall, on request, prove his attorney in writing. A revocation of the power of atonation shall not take effect from the authority until it is received by it. (2) The power of atonation shall not be lifted by the death of the full-power provider or by a change in its capacity for action or its legal representation; However, the authorised representative shall, if he appears in the administrative proceedings for the legal successor, have the power to teach in writing on request. (3) If an authorised representative is appointed for the proceedings, the authority shall apply to him. It may turn to the person concerned himself, insofar as he is obliged to participate. If the authority applies to the parties concerned, the agent shall be notified. Provisions concerning the service to authorised agents shall remain unaffected. (4) A participant may appear in negotiations and meetings with an assistance. The person referred to by the assistance shall be deemed to have been brought forward by the person concerned, in so far as the person concerned does not object immediately. (5) Agents and advisers shall be rejected if they are contrary to § 3 of the Legal Service Act (6) Plenipotentiaries and advisers may be rejected by the lecture if they are unsuitable for this purpose; from the oral presentation, they can only be rejected if they are not capable of the substantive presentation. Persons who are authorized to represent the administrative court in accordance with § 67 (2) sentences 1 and 2 (3) to (7) of the administrative court order cannot be rejected. (7) The rejection under paragraphs 5 and 6 shall also be the subject of the Any person whose authorised representative or assistance is rejected shall be notified. Procedural acts of the rejected agent or councilor which he or she undertakes after the refusal are not effective. Unofficial table of contents

§ 15 Order of a receiving agent

At the request of a party without domials or habitual residence, registered office or executive management, the Authority shall, on request, appoint a receiving agent within the country within a reasonable period of time. If he does so, a document sent to him shall be deemed to have been received on the seventh day after the post and an electronically transmitted document on the third day after the dispatch. This shall not apply if it is established that the document has not reached the recipient or at a later date. The legal consequences of the omission shall be indicated to the party concerned. Unofficial table of contents

Section 16 Order of a representative of the office of office

(1) If a representative does not exist, the Court of Supervisors shall appoint a suitable representative to the family court at the request of the authority for an underage party.

1.

for a party whose person is unknown;

2.

for an absent party whose residence is unknown or which is prevented from obtaining his or her affairs;

3.

for a non-resident party, if he has failed to comply with the request of the authority to appoint a representative within the time limit set;

4.

for a party who, as a result of a mental illness or physical, mental or mental disability, is unable to take action in the administrative procedure itself;

5.

in the case of non-profit-making matters to which the proceedings relate, in order to safeguard the rights and obligations arising in relation to the case.

(2) In the cases referred to in paragraph 1 (4), the court shall have jurisdiction in the cases referred to in paragraph 1 (4) in the district of which the person concerned has his habitual residence; the court in whose district the requesting authority is responsible shall be the competent authority of the court of law. (3) The representative shall be entitled to an appropriate remuneration and to the reimbursement of his/her cash outlays against the legal entity of the authority which has requested the order to be placed. The authority may require the replacement of its expenses. It shall determine the remuneration and shall determine the expenses and expenses. (4) In the case of the appointment and for the office of representative in the cases referred to in paragraph 1 (4), the provisions relating to the supervision shall also apply, in other cases the provisions relating to the supervision of the person responsible for the payment of the remuneration. Provisions relating to the parish. Unofficial table of contents

§ 17 Representatives in the case of uniform inputs

(1) In the case of applications and entries which have been signed in an administrative procedure of more than 50 persons on signature lists or have been submitted in the form of reproduced identical texts (uniform inputs), the procedure shall apply: the signatory as representative of the other signatories, who shall be designated as representative by his name, profession and address, unless he has been appointed by them as an authorized representative. A representative may only be a natural person. (2) The authority may enter uniform entries which do not clearly show the particulars referred to in the first sentence of paragraph 1 on each of the pages marked with a signature, or the requirement of paragraph 1 2 shall not be taken into account. If the authority wishes to proceed in such a way, it shall be notified of this by means of a local notice. The authority may also disregard uniform entries in so far as signatories have not specified their name or address or have indicated illegibly. (3) The power of representation shall be issued as soon as the representative or representative thereof has been The representative may make such a declaration only with regard to all the representatives. If the representative makes such a statement, he shall at the same time inform the authority whether he maintains his input and whether he has appointed an authorised representative. (4) If the representative power of the representative ends, the authority may not do so anymore. Invite representatives to appoint a joint representative within a reasonable period of time. Where more than 50 persons are to be requested, the Authority may make the request known in a local manner. If the request is not complied with within the stipulated period, the Authority may, on its own account, appoint a joint representative. Unofficial table of contents

§ 18 Representatives of the parties with the same interest

(1) Where more than 50 persons are involved in an administrative procedure of the same interest without being represented, the Authority may invite them to appoint a joint representative within a reasonable period of time, if otherwise the the proper implementation of the administrative procedure. If they do not comply with the request within the prescribed period, the Authority may appoint a joint representative from its own authority. Representatives may only be a natural person. (2) The power of representation shall be issued as soon as the representative or the representative declares this in writing to the Authority; the representative may make such a declaration only with regard to all representatives. If the representative makes such a statement, he shall at the same time inform the authority whether he or she maintains his input and whether he has appointed an authorised representative. Unofficial table of contents

Section 19 Common rules for representatives in the case of uniform inputs and with the same interest

(1) The representative shall be aware of the interests of the representatives. It may carry out any procedural acts relating to the administrative procedure. He shall not be bound by instructions. (2) § 14 (5) to (7) shall apply accordingly. (3) The representative ordered by the authority shall be entitled to equitable remuneration and reimbursement of his/her cash outlays against the legal entities of the latter. The authority may require the representatives to compensate for their expenses in equal amounts. It shall determine the remuneration and shall determine the expenses and expenses. Unofficial table of contents

§ 20 excluded persons

(1) An administrative procedure shall not be allowed to act for an authority;

1.

who is a participant himself;

2.

who is a member of a participant;

3.

who represents a person involved in law or power in general or in this administrative procedure;

4.

who is a member of a person who represents a person involved in that procedure;

5.

who is employed by a party to pay for remuneration or who is a member of the executive board, the supervisory board or a similar body; this does not apply to the person whose employment is party to the employment of the person concerned;

6.

who, outside of its official capacity, has given an opinion on the matter or has otherwise worked.

The person concerned shall be equal to who may obtain a direct advantage or disadvantage by the activity or by the decision. This does not apply if the advantage or disadvantage is based on the fact that someone belongs to a professional or population group whose common interests are affected by the matter. (2) Paragraph 1 does not apply to elections to an honorary person. (3) Those who are excluded under paragraph 1 may, at the risk of default, take inexorable measures. (4) If a member of a committee (§ 88) considers himself to be excluded, or if there are doubts, whether the conditions set out in paragraph 1 are met, this shall be the chairman of the to communicate to the Committee. The committee shall decide on the exclusion. The person concerned shall not be allowed to participate in this decision. The excluded Member may not be present in the course of further consultation and decision-making. (5) Members within the meaning of paragraph 1 (2) and (4) shall be:

1.

the fiancée,

2.

the spouse,

2a.

the life partner,

3.

Related and Disgusted straight line,

4.

Siblings,

5.

Children of siblings,

6.

Spouse of the brothers and sisters of the spouses,

6a.

Life partner of the brothers and sisters of the life partners,

7.

Siblings of the parents,

8.

Persons who are connected with one another by means of a long-term care relationship with a domestic community such as parents and children (foster parents and foster children).

Members of the persons referred to in the first sentence shall also be members of the

1.

in the cases referred to in points 2, 3 and 6, the marriage founded on the relationship no longer exists;

1a.

in the cases referred to in points 2a, 3 and 6a, the life partnership established by the relationship no longer exists;

2.

in the cases referred to in points 3 to 7, the relationship or weakenity shall be obtained by acceptance as a child;

3.

in the case of point 8, the domestic community no longer exists, provided that the persons continue to be connected to each other, such as parents and children.

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Section 21 Concern of partiality

(1) Where there is a reason for justifying distrust of non-partisan exercise, or if a party claims the existence of such a reason, he or she shall act for an authority in an administrative procedure. shall be to inform the Head of the Authority or to inform the Director of the Authority and to abstain on the latter's order. If the concern of the authorities concerns the head of the authority, this order shall be taken by the supervisory authority, unless the authority of the authority itself contains a participation. (2) For members of a committee (§ 88), Section 20 (4) shall apply mutagentily. Unofficial table of contents

Section 22 Start of proceedings

The Authority shall, at the discretion of the Authority, decide whether and when to carry out an administrative procedure. This shall not apply where the Authority is based on legislation

1.

must act on its own account or on request;

2.

shall only be allowed to act upon request and an application shall not be submitted.

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Section 23 Official language

(1) The official language is German. (2) If applications or entries, documents, documents or other documents are submitted to an authority in a foreign language, the authority shall require the submission of a translation without delay. In duly substantiated cases, the submission of a certified translation or a translation made by a publicly appointed or sworn interpreter or translator may be required. If the translation requested is not submitted without delay, the authority may, at the expense of the person concerned, obtain a translation itself. If the authority has consulted interpreters or translators, they receive a remuneration in the appropriate application of the Justice and Compensation Act. (3) Should a declaration, an application or the submission of a declaration of intent be granted, a declaration of intent is to be made available. In the event of a period of time within which the Authority must act in a particular way and enter into a foreign language, the time limit shall begin only when the authority has a translation. (4) Should be made by an advertisement, a request or a declaration of intent, which is in foreign language In the case of a person concerned, a period of grace to the Authority is maintained, a public service claim is claimed or a service is sought, the notification, application or declaration of intent shall be deemed to be at the time of the At the outset, when a translation is submitted at the request of the Authority within a reasonable period to be set by the Authority, the Authority shall be required to submit a translation. Otherwise, the date of receipt of the translation shall be authoritative, unless otherwise provided by intergovernmental agreements. This legal consequence shall be noted in the case of the time limit. Unofficial table of contents

Section 24 Investigation principle

(1) The Authority shall determine the facts of its own motion. It shall determine the nature and extent of the investigation; it shall not be bound by the arguments and the requests for evidence by the parties concerned. (2) The Authority shall have all the relevant circumstances for the individual case, including the circumstances favourable to the parties concerned. (3) The Authority may not refuse to accept declarations or requests falling within its sphere of competence because it considers the declaration or the application to be inadmissible or unfounded. Unofficial table of contents

Section 25 Advice, information, early public participation

(1) The Authority shall encourage the submission of declarations, the position of applications or the rectification of declarations or requests, if they appear to be inadvertent or out of ignorance or inaccurate or inaccurate. . It shall provide, where necessary, information on the rights of the parties involved in the administrative procedure and the obligations under them. (2) The Authority shall, to the extent necessary, discuss before the date of submission of an application with the future Applicants, which documents and documents are to be provided by the applicant, and in which way the procedure can be accelerated. As far as the acceleration of the proceedings is concerned, the applicant shall immediately provide the applicant with information on the expected duration of the proceedings and the completeness of the application documents upon receipt of the application. (3) The Authority shall ensure that: the institution in the planning of projects which may not only have an insignificant impact on the concerns of a greater number of third parties, the public concerned at an early stage on the objectives of the project, the means to implement it, and the the likely impact of the project (early Public participation). The early public participation is to take place as far as possible before an application is made. The public concerned should be given the opportunity to comment and to discuss it. The results of the early public participation carried out prior to the application should be communicated to the public concerned and to the Authority at the latest when the application is submitted, and should also be communicated without delay. The first sentence shall not apply in so far as the public concerned is already involved in the application under other legislation before the application. Participation rights under other legislation remain unaffected. Unofficial table of contents

Section 26 Evidence

(1) The Authority shall use the evidence which it deems necessary in order to determine the facts of the case. It may in particular:

1.

to obtain information of any kind,

2.

listen to the participants, hear witnesses and experts, or obtain the written or electronic statements made by interested parties, experts and witnesses,

3.

Documents and documents,

4.

take the look of the eye.

(2) The parties concerned shall participate in the investigation of the facts. In particular, they should provide them with known facts and evidence. A further obligation to participate in the investigation of the facts, in particular a duty to make personal appearance or to testify, exists only insofar as it is particularly provided for by law. (3) For witnesses and witnesses, and Experts shall have a duty to testify or to reimburse opinions if provided for by law. If the authority has consulted witnesses and experts, they shall receive compensation or remuneration on application in the appropriate application of the Justice and Compensation Act. Unofficial table of contents

§ 27 Insurance on Eides

(1) In determining the facts, the Authority may require and take out insurance on the oath instead of only if the acceptance of the insurance relating to the subject matter concerned and in the relevant proceedings is governed by law or by law , and the Authority has been designated by law to be responsible. An insurance of oath is to be taken instead only if other means of understanding the truth are not present, have not resulted in any result or require disproportionate effort. An incompetent person within the meaning of § 393 of the Code of Civil Procedure may not be required to have an affidavit. (2) If the insurance is included in the oath rather than by a public authority, only the insurance company shall be admitted to the insurance. Head of the Authority, its general representative and members of the public service, who have the competence to judge or fulfil the requirements of § 110 sentence 1 of the German Judge Act. Other members of the public service may authorize the head of the authority or his general representative in writing, either in general or in individual cases. (3) The insurance consists in the fact that the insurer is responsible for the accuracy of his declaration. confirmed on the subject in question and stated: "I take place in a safe and secure way, that I have said the pure truth to the best of my knowledge and that I have not concealed nothing." Agents and advisers are entitled to take part in the admission of the insurance to Eides. (4) Prior to the inclusion of the insurance on oath, the policyholder is entitled to the importance of the oath insurance policy and the To lecture the criminal consequences of incorrect or incomplete jealous insurance. (5) The minutes shall also contain the names of the persons present as well as the place and the date of the minutes. The minutes shall be submitted for approval to the person who makes the affidavit, or to be provided for review on request. The authorisation granted shall be noted and shall be signed by the person who is to be insured. The minutes shall then be signed by the person who has taken out the insurance on oath, and by the author. Unofficial table of contents

Section 27a Public notice on the Internet

(1) If a public or local notice is arranged by means of legislation, the Authority shall publish its content in addition on the Internet. This will be achieved by making the content of the notice available on a website of the authority or its management board. If the notice refers to documents to be published for inspection, they shall also be made available via the Internet. Unless otherwise provided for by law, the content of the documents submitted for inspection shall be relevant. (2) In the public or local notice, the website shall be indicated. Unofficial table of contents

Section 28 Consultation

(1) Before issuing an administrative act which intervenes in the rights of a person concerned, it is necessary to give this opportunity to comment on the facts which are significant for the decision. (2) The hearing may be dismissed if it is based on the facts of the case. the circumstances of the individual case is not necessary, in particular where:

1.

an immediate decision appears necessary for the risk of default or in the public interest;

2.

by the hearing, it would be called into question compliance with a time-limit for the decision;

3.

shall not be dismissed in its favour by the actual information of a participant who made it in a motion or a declaration;

4.

the authority intends to issue a general order or similar administrative acts in greater numbers or administrative acts with the aid of automatic bodies;

5.

measures to be taken in administrative enforcement.

(3) A hearing shall not be held if it is in conflict with a compelling public interest. Unofficial table of contents

Section 29 File inspection by participants

(1) The Authority shall allow the parties concerned to inspect the files relating to the proceedings, insofar as their knowledge of the proceedings or defence of their legal interests is necessary. Sentence 1 shall not apply until the administrative procedure is concluded for draft decisions and for the work to be carried out in the immediate preparation of the decision. To the extent that a representation takes place according to § § 17 and 18, only the representatives shall be entitled to access to the file. (2) The authority shall not be obliged to act on the inspection of the files, insofar as they ensure the proper performance of the tasks of the authority. , the disclosure of the contents of the files would be detrimental to the good of the Federation or of a country, or in so far as the operations are carried out in accordance with a law or by its nature, in particular because of the legitimate interests of the parties concerned, or third persons, must be kept secret. (3) The inspection of files shall be carried out in the case of the Authority that leads the files. On a case-by-case basis, the inspection may also be carried out with another authority or at a diplomatic or professional consular office of the Federal Republic of Germany abroad; other exceptions may allow the authority to carry out the files. Unofficial table of contents

§ 30 Confidentiality

The parties shall be entitled to the fact that their secrets, in particular the secrets of personal life, as well as the secrets of operations and trade, shall not be disclosed by the Authority without unauthorised disclosure.

Section 2
Deadlines, dates, reinstatation

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Section 31 Deadlines and dates

(1) For the calculation of time limits and for the determination of dates, Sections 187 to 193 of the Civil Code shall apply accordingly unless otherwise specified by paragraphs 2 to 5. (2) The passage of a time limit set by a public authority (3) If the end of a period falls on a Sunday, a public holiday or a Saturday, the time limit shall end with the date of the expiry of the period. the expiry of the next working day. This shall not apply if, having regard to this provision, the person concerned has been informed of a certain day as the end of the period. (4) If a public authority has to provide services for a specific period only, that period shall end in the same period as the expiry of its last day, if it falls on a Sunday, a public holiday or a Saturday. (5) The date set by an authority shall also be complied with if it is on a Sunday, public holiday or Saturday (6) If a time limit is determined after hours, then Sundays, public holidays or (7) Time limits set by a public authority may be extended. If such time limits have already expired, they may be retroactively extended, in particular where it would be inconsequential to have the legal consequences of the expiry of the deadline. The Authority may combine the extension of the period in accordance with § 36 with a secondary provision. Unofficial table of contents

Section 32 Re-establishment of rights in the previous stand

(1) If a person without fault has been prevented from complying with a legal deadline, he shall be granted reinstatation in the previous stand upon request. The fault of a representative is to be attributed to the representative. (2) The request shall be made within two weeks after the removal of the obstacle. The facts on the grounds for the application shall be made credible in the application or in the proceedings on the application. Within the application deadline, the missed action is to be taken up. If this is done, reinstatment can also be granted without a request. (3) After one year since the end of the missed period, the reinstatment cannot be requested or the missed act can no longer be recovered, except when this before the end of the year due to force majeure was impossible. (4) The application for re-establishment of rights shall be decided by the authority which must be informed of the failure to act. (5) The reinstatment shall be inadmissible if a piece of legislation is established reveals that it is excluded.

Section 3
Official certification

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§ 33 authentication of documents

(1) Each authority shall have the power to devote copies of documents issued by its own authority. In addition, the authorities designated by the Federal Government by means of a legal regulation within the meaning of Article 1 (1) (1) and the authorities responsible under national law shall be empowered to make copies of copies if the original document is issued by a public authority , or the copy is required for submission to an authority, unless the issue of certified copies from official registries and archives is reserved exclusively for other authorities; the regulation does not require the approval of the Federal Council. (2) Ablettes may not be certified where circumstances mean that the original content of the document whose copy is to be certified has been altered, in particular where that document has gaps, submissions, ratings, changes, unreadable words, numbers or signs, traces of the elimination of words, numbers and signs, or if the connection of a document consisting of several sheets is abolished. (3) A copy shall be certified by a Certified statement to be placed under the transcript. The endorsement must include:

1.

the exact name of the document, the copy of which shall be certified;

2.

the fact that the certified copy is in conformity with the document submitted,

3.

an indication that the certified copy will be issued only for submission to the indicated authority if the original document has not been issued by an authority,

4.

the place and day of authentication, the signature of the officials responsible for the certification and the official seal.

(4) Paragraphs 1 to 3 shall apply in accordance with the certification of:

1.

Reproductions, light prints and similar copies produced in technical procedures,

2.

Negatives produced by photographic technology, which are kept by a public authority,

3.

Printing of electronic documents,

4.

electronic documents,

a)

that were made to depict a record,

b)

which have received a technical format other than the initial document associated with a qualified electronic signature.

(5) In addition to the information referred to in the second sentence of paragraph 3, the endorsement shall be required for the certification of the certificate.

1.

the expression of an electronic document associated with a qualified electronic signature containing findings,

a)

who has the signature verification as the owner of the signature,

b)

the date of the signature verification for the affixing of the signature; and

c)

which certificates are based on which data of that signature;

2.

an electronic document shall contain the name of the official responsible for the certification and the name of the authority which carries out the certification; the signature of the official responsible for the certification and the official seal pursuant to the second sentence of paragraph 3, point 4, shall be replaced by a qualified electronic signature which is permanently verifiable.

If an electronic document, which has received a technical format other than the original document linked to a qualified electronic signature, is certified in accordance with the first sentence of the first sentence of the first sentence, the endorsement note shall also include the (6) Documents produced in accordance with paragraph 4 shall be the same if they are certified, certified copies shall be the same. (7) Each authority shall, on the basis of documents issued by the Authority, be responsible for: Require an electronic document as referred to in paragraph 4 (4) (a) or (a) electronic copy and pardon it. Unofficial table of contents

§ 34 authentication of signatures

(1) The authorities designated by the Federal Government by means of a legal regulation within the meaning of Article 1 (1) (1) and the competent authorities in accordance with national law shall be empowered to pardon signatures if the signed document is submitted for submission to a the authority or any other body which is required to submit the document signed on the basis of a legal provision. This shall not apply to:

1.

Transcripts without accompanying text,

2.

Documents requiring public authentication (§ 129 of the Civil Code).

(2) A signature shall only be certified if it is carried out or recognised in the presence of the begging staff. (3) The endorsement shall be affixed immediately upon the signature to be certified. It must contain

1.

the confirmation that the signature is genuine,

2.

the exact name of the person whose signature is to be certified and whether the person responsible for the certification has obtained certainty about that person and whether the signature has been carried out in his presence, or has been recognised,

3.

the fact that the certification is intended only for submission to the designated authority or body,

4.

the place and day of authentication, the signature of the officials responsible for the certification and the official seal.

(4) Paragraphs 1 to 3 shall apply to the certification of hand signs. (5) The legal regulations referred to in paragraphs 1 and 4 do not require the consent of the Federal Council.

Part III
Administrative

Section 1
Establishment of the administrative act

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Section 35 Concept of the administrative act

The administrative act is any order, decision or other sovereign measure which a public authority applies to the regulation of an individual case in the field of public law and which is directed to the outside in direct legal action. The general order is an administrative act which relates to a group of persons determined or identifiable by general characteristics, or which concerns the public property of a thing or its use by the general public. Unofficial table of contents

Section 36 General provisions on the administrative act

(1) An administrative act on which a claim is made may be accompanied by a secondary provision only if it is authorised by law or if it is to ensure that the legal requirements of the administrative act are fulfilled (2) Without prejudice to paragraph 1, an administrative act may be adopted at the discretion of the

1.

a provision where a concession or burden begins at a given point in time, ends or applies for a given period (time limit);

2.

a provision on the basis of which the entry or the omission of a benefit or a burden depends on the unaware occurrence of a future event (condition);

3.

a reservation of revocation

or will be connected to

4.

a provision requiring the beneficiary to do a tun, dulden or ominy (edition);

5.

a reservation of the subsequent recording, modification or addition of an edition.

(3) A secondary provision shall not be contrary to the purpose of the administrative act. Unofficial table of contents

§ 37 Determination and form of the administrative act; legal instruction

(1) An administrative act must be sufficiently determined in terms of content. (2) An administrative act may be issued in writing, electronically, orally or in any other way. An oral administrative act shall be confirmed in writing or in electronic form if there is a legitimate interest in this, and the person concerned demands this immediately. An electronic administrative act must be confirmed in writing under the same conditions; § 3a (2) does not apply in this respect. (3) A written or electronic administrative act must allow the issuing authority to be identified and the The signature or the name rendering of the head of the authority, his representative or his representative shall be included. If the electronic form is used for an administrative act for which the written form is arranged by means of legislation, the qualified certificate on which the signature is based must also be used, or an associated qualified certificate of attrivical use must also be used. to identify the issuing authority. In the case of § 3a (2) sentence 4, point 3, the confirmation in accordance with § 5 paragraph 5 of the De-Mail-Act must allow the issuing authority to be recognized as the user of the De-Mail-Account. (4) For an administrative act, the required signature according to § 3a (2) may be used. (5) In the case of a written administrative act issued with the aid of automatic facilities, the signature and the reproduction of the name may be absent from the provisions of paragraph 3. A key symbol may be used for the indication of the content if the person for whom the administrative act is intended or which is affected by it can clearly identify the content of the administrative act on the basis of the explanations provided for that purpose. (6) A written or electronic administrative act which is subject to the dispute shall be accompanied by a declaration by which the person concerned shall, by way of the remedy given in respect of the administrative act, through the authority or the court of law where: the right of appeal shall be submitted, the seat and the time limit to be observed shall be (right of appeal). The right of appeal is also to be attached to the written or electronic confirmation of an administrative act and to the certificate according to § 42a paragraph 3. Unofficial table of contents

§ 38 Assertion

(1) A commitment made by the competent authority to issue or refrain from a particular administrative act subsequently (assurance) shall require the written form to be effective. Where, prior to the adoption of the assured administrative action, the hearing is required by a person concerned or the participation of another authority or a committee under a law, the undertaking shall not, after consulting the parties concerned, or (2) find the invalidity of the assurance, without prejudice to the first sentence of paragraph 1, § 44, to the healing of defects at the hearing of interested parties and to the participation of other authorities, or Committees § 45 (1) (3) to (5) and (2), on withdrawal (§ 48), on the revocation, without prejudice to paragraph 3, § 49 corresponding application. (3) After the assurance has been issued, the property or legal situation shall change in such a way that the Authority would not have given the assurance, if the change had occurred subsequently, or that the assurance had been made. The Authority shall no longer be bound by legal reasons. Unofficial table of contents

Section 39 justification of the administrative act

(1) A written or electronic administrative act, as well as a written or electronically confirmed administrative act, shall be accompanied by a statement of reasons. The explanatory statement shall state the main factual and legal reasons which led the Authority to take its decision. The reasoning of discretionary decisions should also be used to identify the points of view on which the authority is based in the exercise of its discretion. (2) There is no need for justification to do so,

1.

where the authority complies with an application or a declaration, and the administrative act does not intervene in the rights of another;

2.

in so far as the person for whom the administrative act is intended or which is affected by it, the opinion of the authority on the legal situation is already known or can be easily identified without justification for it;

3.

if the Authority is to issue similar administrative acts in greater numbers or administrative acts with the aid of automatic facilities and the justification is not provided in the circumstances of the individual case;

4.

if this is the result of a piece of legislation;

5.

if a general order is made public.

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§ 40 Discretion

If the authority is empowered to act at its discretion, it shall exercise its discretion in accordance with the purpose of empowerment and shall comply with the legal limits of discretion. Unofficial table of contents

Section 41 Announcement of the administrative act

(1) An administrative act shall be disclosed to the person concerned for whom he or she is appointed or who is affected by it. If an authorised representative is appointed, the announcement may be made to him. (2) A written administrative act which is transmitted domesically by Swiss Post shall be deemed to have been announced on the third day after the task of the post. An administrative act which is transmitted electronically in Germany or abroad shall be deemed to have been announced on the third day after the date of dispatch. This shall not apply if the administrative act is not received or at a later date; in doubt, the Authority shall have to prove the access of the administrative act and the date of access. (3) An administrative act may be announced publicly where this is authorised by legislation. A general order may also be disclosed to the public if an announcement to the parties is untunable. (4) The public announcement of a written or electronic administrative act is caused by the fact that the public disclosure of a written or electronic administrative act is effected by the public authorities. has been made available in a local area. The local notice shall indicate where the administrative act and its explanatory statement may be viewed. The administrative act shall be deemed to have been announced two weeks after the local notice. In a general order, a date deviating from this may, however, be determined at the earliest of the day following the notice. (5) Rules relating to the announcement of an administrative act by means of service remain unaffected. Unofficial table of contents

Section 42 Revelable malfunctions in the administrative act

The Authority may, at any time, correct spelling errors, calculation errors and similar apparent inaccuracies in an administrative act. In the event of a legitimate interest of the party concerned, it should be corrected. The Authority shall be entitled to require the presentation of the document to be rectified. Unofficial table of contents

Section 42a Authorisation fiction

(1) An application for authorisation shall be deemed to have been granted after the expiry of a period laid down for the decision (authorisation fiction) if it is arranged by law and the application is sufficiently determined. The provisions relating to the stock of administrative acts and the appeal procedure shall apply in accordance with. (2) The period referred to in the first sentence of paragraph 1 shall be three months to the extent that there is no derogation from the law. The deadline shall begin with the receipt of the complete dossier. It may be extended in an appropriate way once it is justified on account of the difficulty of the matter. The term extension must be justified and communicated in good time. (3) Upon request, the person who should have been informed of the administrative act pursuant to Section 41 (1) must certify the entry of the approval fiction in writing.

Footnote

(+ + + § 42a para. 2 sentence 2 to 4: For application see § 13 para. 3 sentence 3 MessEG + + +)

Section 2
Administrative act

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Section 43 Effectiveness of the administrative act

(1) An administrative act shall be effective in respect of the person for whom he or she is appointed or who is affected by him at the time he is notified. The administrative act becomes effective with the content with which it is disclosed. (2) An administrative act remains effective, as long as and insofar as it is not withdrawn, revoked, otherwise repealed or carried out by time lapse or otherwise. (3) A non-administrative act is ineffective. Unofficial table of contents

Section 44 Invalidity of the administrative act

(1) An administrative act is void in so far as it suffers from a particularly serious error and this is obvious in the case of a permanent appraisal of all the circumstances under consideration. (2) Without regard to the existence of the conditions of the Paragraph 1 shall be void of an administrative act,

1.

which has been issued in writing or in electronic form, but which does not allow the issuing authority to be recognised;

2.

which, according to a piece of legislation, can only be issued by issuing a certificate, but which does not satisfy that form;

3.

, without being authorised to do so by an authority outside its jurisdiction as defined by Section 3 (1) (1);

4.

that no one can carry out for actual reasons;

5.

which calls for the commission to commit an illegal act which implements a criminal or penal monetary policy;

6.

that is in breach of good morals.

(3) An administrative act is not, therefore, void, because

1.

provisions relating to local jurisdiction have not been complied with, except where a case referred to in paragraph 2 (3) is present;

2.

a person excluded from the provisions of Article 20 (1), first sentence, No. 2 to 6;

3.

a committee appointed by law to participate in the adoption of the administrative act has not taken a decision or has not been able to give a quorum;

4.

the involvement of another authority in accordance with a legal provision has been maintained.

(4) If the nullity relates only to part of the administrative act, it shall be void if the void part is so essential that the authority would not have adopted the administrative act without the latter part. (5) The Authority may not be able to take the necessary steps to ensure that the administrative act is not shall be determined at any time by its own motion, and shall be determined at any time if the applicant has a legitimate interest in this. Unofficial table of contents

Section 45 Healing of procedural and procedural errors

(1) An infringement of procedural or formal requirements which does not make the administrative act void in accordance with § 44 shall be inconformable if:

1.

the application required for the adoption of the administrative act is subsequently submitted;

2.

the necessary justification is subsequently given;

3.

the necessary consultation of a person concerned;

4.

the decision of a committee whose participation is necessary for the adoption of the administrative act is subsequently taken;

5.

the necessary involvement of another authority.

(2) Actions referred to in paragraph 1 may be obtained until the conclusion of the last factual instance of an administrative court proceedings. (3) If an administrative act is not required, the necessary justification or the necessary consultation of an administrative court may be obtained. If the person concerned has not been subject to the administrative act, and if the administrative act has been omitted in time, the delay in the period of appeal shall be deemed not to have been in debt. The event, which is decisive for the reinstatment period in accordance with section 32 (2), occurs at the time of the re-establishment of the dismissed procedural act. Unofficial table of contents

§ 46 Consequences of procedural and procedural errors

The annulment of an administrative act which is not void in accordance with Section 44 cannot be claimed solely because it has been brought about in breach of rules on the procedure, form or local competence, if: it is obvious that the breach did not affect the decision in the case. Unofficial table of contents

Section 47 Reinterpretation of an erroneous administrative act

(1) A defective administrative act may be reinterpreted in a different administrative act if it is aimed at the same objective, which the issuing authority could have legitimately adopted in the course of the proceedings and the form, and (2) Paragraph 1 shall not apply if the administrative act to which the erroneous administrative act is to be interpreted contradict the apparent intention of the issuing authority or its legal consequences for the Those affected would be more unfavourable than those of the faulty administrative act. A reinterpretation is also inadmissible if the erroneous administrative act is not likely to be withdrawn. (3) A decision which can only be taken as a legally bound decision cannot be reinterpreted in a discretionary decision. (4) § 28 shall apply accordingly. Unofficial table of contents

Section 48 Revocation of an illegal administrative act

(1) An unlawful administrative act may, even after it has become indisputable, be withdrawn in whole or in part with effect for the future or for the past. An administrative act which has justified or confirmed a right or a legally significant advantage (administrative act) may be withdrawn only under the restrictions set out in paragraphs 2 to 4. (2) An unlawful administrative act, which grants or is a condition for a one-off or ongoing cash benefit, or which is a condition for this, shall not be withdrawn if the beneficiary has become familiar with the stock of the administrative act and his confidence in the management is subject to consideration with the public interest in a withdrawal is worthy of protection. Trust is generally worthy of protection if the beneficiary consumes benefits granted or has a wealth disposition which he can no longer, or only under unreasonable disadvantages, reverse. The beneficiary may not rely on trust if he/she

1.

the administrative act has been caused by fraudulant deception, threat or bribery;

2.

has obtained the administrative act by means of information which was inaccurate or incomplete in relation to the essential relationship;

3.

was aware of the illegality of the administrative act or was not aware of it as a result of gross negligence.

In the cases of the third sentence, the administrative act is usually withdrawn with effect for the past. (3) If an illegal administrative act which does not fall under paragraph 2 is withdrawn, the authority shall, at the request of the person concerned, submit to the person concerned the following: To compensate for the balance of assets which it suffers from the fact that it has become familiar with the stock of the administrative act, in so far as its confidence is worthy of protection in the light of the public interest. The second sentence of paragraph 2 shall apply. However, the asset disadvantage shall not be replaced by the amount of interest that the person concerned has on the management act. The balance of assets to be equated shall be determined by the Authority. The claim can only be claimed within one year; the period begins as soon as the authority has referred the person concerned to it. (4) The Authority takes note of facts which make the withdrawal of an illegal administrative act , the withdrawal shall only be allowed within one year from the date of the date of the information. This shall not apply in the case of paragraph 2, sentence 3, no. 1. (5) On the withdrawal, the administrative act shall determine the competent authority in accordance with § 3, even if the administrative act to be returned shall be subject to the decision of another authority. has been adopted. Unofficial table of contents

Section 49 Revocation of a legitimate administrative act

(1) A legitimate non-beneficiary administrative act may, even after having become unquestionable, be revoked in whole or in part with effect for the future, except where an administrative act of the same content would have to be reissued; or for other reasons, a revocation is inadmissible. (2) A legitimate administrative act, even after having become indisputable, may be revoked in whole or in part with effect for the future only,

1.

if the revocation is authorised by law or is reserved in the administrative act;

2.

where the administrative act is subject to an obligation and the beneficiary has not, or has not fulfilled, within a time limit set by it;

3.

if, on the basis of retroactive facts, the Authority would be entitled not to adopt the administrative act and if, without the revocation, the public interest would be jeopardised;

4.

if, under an amended legislation, the Authority would be entitled not to adopt the administrative act, to the extent that the beneficiary has not yet made use of the benefit or, on the basis of the administrative act, has not yet made use of the benefits , and if without the revocation the public interest would be jeopardised;

5.

in order to prevent or eliminate serious disadvantages for the common good.

Section 48 (4) shall apply. (3) A lawful administrative act which grants a single or ongoing cash benefit or a divisible performance in order to fulfil a specific purpose or is a condition for this purpose may, even after being unquestionable. has become, in whole or in part, withdrawn with effect for the past,

1.

if the service is not used, not immediately after the provision or no longer is used for the purpose specified in the administrative act;

2.

if the administrative act is subject to an obligation and the beneficiary has not fulfilled it or has not fulfilled it within a time limit set by it.

Section 48 (4) shall apply mutatis. (4) The revocable administrative act shall become ineffective with the effect of the revocation if the authority does not determine any other time. (5) The revocation shall be determined by the revocation of the administrative act in accordance with § 3 competent authority, even if the administrative act to be revoked has been adopted by another authority. (6) If a beneficiary administrative act is withdrawn in the cases referred to in paragraph 2 (3) to (5), the Authority shall: To compensate the person concerned at the request for the asset disadvantage which he/she has Suffers that he has become acquainted with the stock of the administrative act, in so far as his trust is worthy of protection. Section 48 (3) sentences 3 to 5 shall apply accordingly. For disputes over compensation, the proper legal path is given. Unofficial table of contents

Section 49a Repayment, interest rate

(1) Insofar as an administrative act has been withdrawn or revoked with effect for the past or has become ineffective as a result of the entry of a resolving condition, services already provided shall be reimbursed. The performance to be reimbursed shall be fixed by written administrative act. (2) The provisions of the Civil Code shall apply to the extent of the refund, with the exception of interest rates, on the issuance of an unjustified enrichment accordingly. The beneficiary cannot rely on the omission of enrichment, insofar as he knew the circumstances or did not know as a result of gross negligence, which led to the withdrawal, the revocation or the ineffectiveness of the administrative act. (3) The The amount reimbursed shall be galvanised from the entry of the administrative act invalidity to five percentage points above the base interest rate. In particular, the right to claim interest may be waived if the beneficiary does not have to represent the circumstances which led to the withdrawal, withdrawal or invalidity of the administrative act and the circumstances to which the beneficiary has been granted the right to regain the interest. Amount within the time limit fixed by the Authority. (4) If a benefit is not used immediately after the payment for the specific purpose, interest in accordance with the first sentence of paragraph 3 may be used for the period up to the appropriate use. shall be required. The same applies to the extent to which a service is used, although other means are to be used proportionally or as a priority. Section 49 (3), first sentence, no. 1 shall remain unaffected. Unofficial table of contents

§ 50 Revocation and revocation in the appeal procedure

Section 48 (1), second sentence and para. 2 to 4 and section 49 (2) to (4) and (6) shall not apply if a beneficiary administrative act which has been challenged by a third party during the preliminary proceedings or during the administrative judicial procedure shall be repealed as a result of which the objection or the action is remedied. Unofficial table of contents

Section 51 Rerecovery of the procedure

(1) The Authority shall, at the request of the person concerned, decide to repeal or amend an unquestionable administrative act if:

1.

the administrative or legal situation on which the administrative act is based has subsequently changed in favour of the person concerned;

2.

there are new evidence which would have brought about a decision more favourable to the person concerned;

3.

Retaking reasons are given in accordance with § 580 of the Code of Civil Procedure.

(2) The application shall be admissible only if the person concerned has been unable to claim the reason for the recovery in the earlier proceedings, in particular by means of appeal, without gross negligence. (3) The application must be submitted within three months . The time limit shall begin on the date on which the person concerned has been informed of the reason for the recovery. (4) The application shall be made by the competent authority in accordance with Section 3, even if the administrative act, its repeal, or (5) The provisions of § 48 (1) sentence 1 and section 49 (1) remain unaffected. Unofficial table of contents

Section 52 Return of documents and property

Where an administrative act has been revoked or withdrawn indisputably, or if, for any other reason, its effectiveness is not or is no longer given, the authority may, on the basis of this administrative act, give the documents or items which have been given in respect of that administrative act to: Proof of rights arising from the administrative act or to the exercise of which are intended to be recovered. The owner and, if he is not the owner, also the owner of these documents or goods are obliged to release them. However, the proprietor or the holder may require that the documents or goods be returned to him after being marked invalid by the authority; this shall not apply in the case of items in which such marking is not or is not possible with the necessary disclosure or durability.

Section 3
Statute of limitations of the administrative act

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Section 53 Inhibition of the statute of limitations by administrative act

(1) An administrative act adopted for the purpose of establishing or enforcing the claim of a public service legal entity shall inhibit the limitation of this claim. The suspension ends with the entry of the indisputability of the administrative act, or six months after its other completion. (2) If an administrative act within the meaning of paragraph 1 has become indisputable, the limitation period shall be 30 years. To the extent that the administrative act has the right to receive regularly recurring services due in the future, it shall remain with the period of limitation applicable to this claim.

Part IV
Public-legal contract

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Section 54 Admissibility of the public service contract

A legal relationship in the field of public law may be established, amended or repealed by contract (public-law contract), insofar as legislation does not conflict with it. In particular, instead of adopting an administrative act, the Authority may conclude a public service contract with the one to which it would otherwise be responsible for the administrative act. Unofficial table of contents

Section 55 Comparison Treaty

A public service contract within the meaning of the second sentence of Article 54, which eliminates the uncertainty of the facts or the legal situation by offsetting them by offsetting them (comparison), may be concluded if: the Authority considers the conclusion of the settlement to be appropriate in order to remedy the uncertainty in accordance with the discretion of the Authority. Unofficial table of contents

§ 56 Exchange Agreement

(1) A public service contract within the meaning of § 54, sentence 2, in which the contractual partner of the authority undertakes to provide a consideration, may be concluded if the consideration is agreed for a particular purpose in the contract and the Authority shall be used to carry out its public duties. The consideration must be appropriate in all circumstances and must be in fact connected with the contractual performance of the Authority. (2) If the performance of the Authority is a claim, only such consideration can be agreed upon. , which could be the content of a secondary provision in accordance with § 36 when issuing an administrative act. Unofficial table of contents

§ 57 Written Form

A public service contract must be concluded in writing, unless a different form is required by law. Unofficial table of contents

Section 58 Approval of third parties and authorities

(1) A public service contract which intervenes in the rights of a third party shall not take effect until the third party agrees in writing. (2) If, instead of an administrative act, the adoption of which according to a piece of legislation, the approval, consent, shall be or if the agreement of another authority is necessary, a contract shall be concluded only after the other authority has participated in the prescribed form. Unofficial table of contents

Section 59 Invalidity of the public service contract

(1) A public service contract is void if the invalidity arises from the corresponding application of provisions of the Civil Code. (2) A contract within the meaning of § 54 sentence 2 shall also be void if:

1.

an administrative act with a corresponding content would be void;

2.

an administrative act with a corresponding content would not only be illegal because of a procedural or procedural error within the meaning of Section 46, and this was known to the contracting parties;

3.

the conditions for the conclusion of a settlement contract were not available and an administrative act with a corresponding content would not be unlawful only because of a procedural or procedural error in the sense of § 46;

4.

The Authority shall be able to promise an undue consideration in accordance with § 56.

(3) If the nullity relates only to part of the contract, it shall be void in whole if it is not to be assumed that it would have been concluded without the non-part. Unofficial table of contents

Section 60 Adaptation and dismissal in special cases

(1) If the conditions governing the determination of the content of the contract have been decisive since the conclusion of the contract, it has changed so substantially that a Contracting Party does not have the right to hold the original contractual arrangement. , this Contracting Party may require an adjustment of the content of the contract to the amended conditions or, if an adjustment is not possible or not to be granted to a Contracting Party, terminate the contract. The authority may also terminate the contract in order to prevent or eliminate serious disadvantages for the common good. (2) The dismissal requires the written form, unless another form is prescribed by law. It is to be justified. Unofficial table of contents

Section 61 Subjection to immediate enforcement

(1) Any closing of the contract may be subject to an immediate execution under a public service contract within the meaning of § 54 sentence 2. The authority must, in this connection, be appointed by the head of the authority, its general representative or a public service member who has the competence to judge or fulfil the conditions laid down in § 110 sentence 1 of the German Judges Act, (2) In accordance with the provisions of the first sentence of paragraph 1, the Administrative Enforcement Law of the Federal Republic of Germany shall apply mutamatters to public-law contracts if the contracting party is a public authority within the meaning of Section 1 (1) (1). § 170 (1) to (3) of the Administrative Court's Rules of Procedure shall be applied accordingly if a natural or legal person of private law or a non-judicial association wishes to pursue enforcement on the grounds of a monetary claim. § 172 of the Administrative Court Rules shall be applied in accordance with the provisions of Section 1 (1) (2) of the Rules of Law of the Court of Justice. Unofficial table of contents

Section 62 Supplementary application of provisions

Insofar as nothing deviates from § § 54 to 61, the remaining provisions of this law shall apply. In addition, the provisions of the Civil Code shall apply accordingly.

Part V
Special procedures

Section 1
Formal administrative procedure

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Section 63 Application of the rules on the formal administrative procedure

(1) The formal administrative procedure under this Act shall take place if it is ordered by law. (2) The formal administrative procedure shall be governed by Articles 64 to 71 and, insofar as they do not result in any deviation, the other Regulations of this Act. (3) The communication pursuant to Section 17 (2) sentence 2 and the request pursuant to § 17 (4) sentence 2 are to be made public in the formal administrative procedure. The public notice shall be the result of the Authority's communication or request in its official publication sheet and, moreover, in local newspapers disseminated in the area in which the public notice is published. decision is likely to have an impact. Unofficial table of contents

Section 64 Form of application

Where the formal administrative procedure requires an application, it shall be submitted in writing or in writing to the Authority. Unofficial table of contents

Section 65 Participation of witnesses and experts

(1) In the formal administrative procedure, witnesses shall be obliged to testify and experts to obtain the reimbursement of opinions. The provisions of the Code of Civil Procedure on the obligation to testify as a witness or to submit an expert opinion as an expert, on the rejection of experts, and on the hearing of public servants as witnesses (2) If witnesses or experts refuse to testify or refund the opinion without the existence of any of the reasons specified in § § 376, 383 to 385 and 408 of the Code of Civil Procedure, the Authority may: for the place of residence or residence of the witness or expert administrative court in order to request the hearing. If the place of residence or residence of the witness or expert is not located at the seat of an administrative court or of a specially established chamber, the competent local court may also be invited to take part in the hearing. In the request, the Authority shall specify the subject matter of the hearing and shall specify the names and addresses of the parties concerned. The Court of First Instance shall notify the parties concerned of the evidence of evidence. (3) If the Authority considers the importance of the testimony of a witness or of the opinion of an expert or to bring about a truthful statement, the Authority shall: (4) The Court of First Instance decides on the legality of a refusal of the certificate, of the opinion or of the oath performance. (5) A request for a decision of the Court of Justice of the European Union for the purpose of the Paragraph 2 or 3 of the Court of First Instance may only be made by the head of the authorities, his general Representatives or members of the public service who have the competence to judge or fulfil the requirements of § 110 sentence 1 of the German Judge Act. Unofficial table of contents

Section 66 obligation to consult interested parties

(1) In the formal administrative procedure, the parties concerned shall be given the opportunity to express their views before the decision. (2) The parties concerned shall be given the opportunity to hear the testimonies of witnesses and experts and the taking of the eyesight. , and to ask relevant questions; a written or electronic report shall be made available to them. Unofficial table of contents

Section 67 requirement of oral proceedings

(1) The Authority shall decide after oral proceedings. For this purpose, the parties concerned shall be invited in writing with a reasonable deadline. In the case of cargo, it should be pointed out that the absence of a participant can also be negotiated and decided without him. Where more than 50 cargoes are to be made, they may be replaced by public notices. The public announcement shall be made by the fact that the date of the negotiation shall be published at least two weeks in advance in the official publication sheet of the Authority and also in local newspapers disseminated in the area in which the The decision is likely to have an effect, with the reference to sentence 3. The notice in the official publication sheet shall be the decisive factor for the period specified in the fifth sentence. (2) The authority may decide without oral proceedings if:

1.

an application is fully complied with in agreement with all the parties concerned;

2.

has not made any objections to the proposed measure within a time limit set for this purpose;

3.

the authority has informed the parties concerned that they intend to decide without oral proceedings and that no party has made objections within a time limit set for this purpose;

4.

all parties concerned have waived them;

5.

an immediate decision is necessary because of the risk of default.

(3) The Authority shall promote the procedure in such a way as to enable it to be dealt with as soon as possible in a time of negotiation. Unofficial table of contents

Section 68 History of oral proceedings

(1) The oral proceedings shall not be public. It may take part in the participation of representatives of the supervisory authorities and of persons employed by the Authority. Other persons may allow the negotiator to be present if no party is in conflict. (2) The negotiator has to discuss the matter with the parties concerned. It shall seek to ensure that unclear applications are explained, relevant applications are made, insufficient information is added, and all the declarations essential to the determination of the facts are made. (3) The negotiator is responsible for the Order responsible. He can have people who do not follow his orders to be removed. The trial can be continued without these persons. (4) The oral proceedings are to be completed by a transcript. The minutes shall contain information on:

1.

the place and the day of the trial,

2.

the names of the negotiator, the parties involved, witnesses and experts,

3.

the subject of the proceedings and the applications submitted,

4.

the main content of the testimony of the witnesses and experts,

5.

the result of an eye-shatting.

The minutes shall be signed by the head of the negotiator and, to the extent that a written guide has been added, also by the negotiator. The inclusion in the minutes of the negotiation shall be the same as in a document which is annexed to it and which is designated as such; the annex shall be referred to in the minutes of the negotiation. Unofficial table of contents

Section 69 Decision

(1) The Authority shall take a decision in accordance with the overall result of the procedure. (2) Administrative acts which conclude the formal procedure shall be issued in writing, shall be justified in writing and shall be notified to the parties concerned; in the cases of § 39 Paragraph 2 (1) and (3) does not require a justification. An electronic administrative act referred to in the first sentence shall be accompanied by a qualified electronic signature that is permanently verifiable. Where more than 50 deliveries are to be made, they may be replaced by public notices. The public notice shall be made known by the fact that the operative part of the administrative act and the right of appeal are published in the official publication sheet of the Authority and also in local newspapers, which are published in the Official Journal of the European Union. This is the area in which the decision is likely to have an impact. The administrative act shall be deemed to have been served on the date on which two weeks have elapsed since the date of publication in the official publication sheet, and shall be referred to in the notice of publication. According to the public notice, the administrative act may be requested in writing or electronically by the parties until the expiry of the period of appeal; the notice shall also be referred to in the notice. (3) The formal notice shall be given in the notice. (3) Administrative procedures shall be notified in any other way, and the parties concerned shall be notified accordingly. Where more than 50 notifications are to be made, they may be replaced by public notices; paragraph 2, sentence 4 shall apply accordingly. Unofficial table of contents

Section 70 Dispute of the decision

Prior to the imposition of an administrative action relating to an administrative act adopted in the formal administrative procedure, no investigation shall be required in a preliminary proceedings. Unofficial table of contents

Section 71 Special provisions concerning the formal procedure before committees

(1) If the formal administrative procedure takes place before a committee (§ 88), each member shall have the right to ask relevant questions. If a question is disputed by a party, the committee shall decide on its admissibility. (2) In the case of deliberation and voting, only members of the committee who have participated in the oral proceedings may be present. In addition, persons who are employed by the authority in which the committee is constituted may be present to the extent that the chairman permits their presence. The results of the vote are to be recorded. (3) Any party may refuse a member of the committee which may not act in this administrative procedure (§ 20) or where the concern of partiality is concerned (§ 21). A rejection prior to the oral proceedings shall be declared in writing or in writing. The declaration shall be inadmissible if the party concerned has admitted to the oral proceedings without claiming the grounds for refusal of refusal to which he is aware. Article 20 (4) sentences 2 to 4 shall apply to the decision to reject the decision.

Section 1a
Procedure for a single body

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§ 71a Applicability

(1) Where an administrative procedure is laid down by means of a single body, the provisions of this section shall apply, and, unless otherwise indicated, the other provisions shall apply: § 71b (3), (4) and (6), § 71c (2) and (71) (e) shall also be subject to the obligations of the competent authority, even if the applicant or a taxable person is directly addressed to the competent authority. Unofficial table of contents

Section 71b Procedure

(1) The uniform body shall accept advertisements, applications, declarations of intent and documents and shall forward them immediately to the competent authorities. (2) Ads, applications, declarations of intent and documents shall apply on the third day after receipt. the single body shall be deemed to have been submitted to the competent authority. Time limits shall be maintained at the single point of receipt. (3) Should the notification, application or submission of a declaration of intent set a time limit within which the competent authority must act, the date shall be: competent authority shall issue an acknowledgement of receipt. The acknowledgement of receipt shall indicate the date of receipt at the single point and shall indicate the time limit, the conditions for the start of the deadline and a legal sequence linked to the expiry of the deadline, and the available time limit. (4) If the ad or the application is incomplete, the competent authority shall immediately inform the competent authority of the documents to be submitted. The notification shall indicate that the time limit referred to in paragraph 3 shall start only with the receipt of the complete dossier. The date of receipt of the subsequent documents at the single point shall be notified. (5) Where the single body is used for processing proceedings, communications from the competent authority shall be sent to the applicant, or Notifiers are passed on via them. Administrative acts shall be immediately communicated by the competent authority, at the request of the person to whom the administrative act is addressed. (6) A written administrative act sent abroad by post shall be valid for one month. After abandonation of the post as announced. Section 41 (2) sentence 3 shall apply accordingly. According to § 15, the applicant or the person who is subject to the notification may not be required to appoint a receiving agent. Unofficial table of contents

Section 71c Information requirements

The single body shall, on request, provide information without delay on the relevant provisions, the competent authorities, access to the public registers and databases, the procedural rights to be granted and the bodies responsible for: To assist applicants or persons with a view to take up or pursue their activities. It shall notify without delay if a request is too indeterminate. (2) The competent authorities shall, on request, provide immediate information on the relevant provisions and their ordinary interpretation. Any suggestions and information required in accordance with section 25 shall be provided immediately. Unofficial table of contents

§ 71d Mutual support

The single body and competent authorities shall cooperate in a proper and expeditious procedure; all uniform bodies and competent authorities shall be supported in this connection. The competent authorities shall, in particular, provide the uniform body with the necessary information on the state of the proceedings. Unofficial table of contents

§ 71e Electronic procedure

The procedure referred to in this section shall be carried out on request in electronic form. § 3a (2) sentence 2 and 3 and (3) shall remain unaffected.

Section 2
Plan determination procedures

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Section 72 Application of the rules relating to the planning of the planning procedure

(1) If a plan determination procedure is ordered by law, the remaining provisions of this Act shall apply for this purpose and unless otherwise provided by the law; § § 51 and 71a to 71e shall not be applied; § 29 is to be applied with the proviso that access to the file is to be granted in accordance with the discretion. (2) The communication pursuant to § 17 (2) sentence 2 and the request pursuant to section 17 (4) sentence 2 shall be made public in the planning of the planning process. The public notice shall be the result of the Authority's communication or request in its official publication sheet and, moreover, in local newspapers disseminated in the area in which the project is is likely to have an impact. Unofficial table of contents

Section 73 Hearing procedure

(1) The institution of the project shall submit the plan of the Hearing Authority for the conduct of the consultation procedure. The plan consists of the drawings and explanations which indicate the project, its cause and the land and installations affected by the project. (2) Within one month of receipt of the complete plan, the plan shall be: (3) The local authorities shall, in accordance with the procedure referred to in Article 1 (2) of the European Communities, be responsible for the operation of the local authorities. (3) The municipalities shall be subject to the following conditions: Paragraph 2 shall have access to the plan within three weeks of access for the duration of one month. , An interpretation may be waived if the circle of the persons concerned and the associations referred to in the fifth sentence of paragraph 4 are known and are given the opportunity to see the plan within a reasonable period of time. (3a) The authorities referred to in paragraph 2 shall have: submit its opinion within a time limit to be set by the Hearing Authority, which may not exceed three months. Opinions received after the expiry of the period referred to in the first sentence shall be taken into account when the planning authority is aware of or should have been aware of the concerns raised or if it is relevant to the legality of the decision (4) Any person whose interests are affected by the project may, up to two weeks after the expiry of the period of interpretation, be able to write to the hearing authority or to the municipality in writing or to be transcribed. Raise objections to the plan. In the case referred to in the second sentence of paragraph 3, the Hearing Authority shall determine the time limit for the application. At the end of the application period all objections are excluded, which are not based on special private-law titles. It shall be pointed out in the notice of interpretation or notification of the time limit for application. Associations which, under other legislation, have the power to appeal under the Administrative Court against the decision in accordance with Article 74 may, within the time limit set by the first sentence, give opinions on the plan . The sentences 2 to 4 apply accordingly. (5) The municipalities in which the plan is to be interpreted have to make the interpretation known in advance in a local manner. The notice shall indicate:

1.

where and during which period the plan is to be viewed;

2.

any objections or opinions expressed by associations referred to in the fifth sentence of paragraph 4 should be brought before the notice to be recorded in the contract notice within the time limit for the application;

3.

that the absence of a participant in the discussion date can also be negotiated without him;

4.

that

a)

the persons who have raised objections, or the associations which have delivered opinions, may be notified of the date of discussion by means of a public notice,

b)

the delivery of the decision on the objections may be replaced by a public notice;

if more than 50 notifications or deliveries are to be made.

Persons who are not resident, whose person and stay are known or who have been identified within a reasonable period of time, shall be notified of the interpretation by reference to sentence 2 on the initiative of the Hearing Authority. (6) Expiry of the time limit shall be taken by the hearing authority with the objections raised in good time against the plan, the statements of associations referred to in paragraph 4, sentence 5, issued in good time, and the opinions of the authorities on the plan with the institution of the project, the authorities, the persons concerned and those who have received have been raised or delivered opinions. The date of discussion shall be published at least one week before the date of the discussion. The authorities, the institution of the project and those who have made objections or have delivered opinions shall be notified of the date of the discussion. If, in addition to the notification of the authorities and the institution of the project, more than 50 notifications are to be made, these notifications may be replaced by public notice. By way of derogation from the second sentence of the discussion date, the public notice shall be published in the official publication sheet of the Hearing Authority and also in local newspapers disseminated in the field in which the project is likely to have an effect, and the period referred to in the second sentence shall be determined by the publication in the official publication sheet. In addition, the provisions on oral proceedings in the formal administrative procedure (section 67 (1) sentence 3, para. 2 nos. 1 and 4 and para. 3, § 68) apply to the discussion accordingly. The hearing authority shall conclude the discussion within three months of the end of the period of application. (7) By way of derogation from the provisions of the second sentence of paragraph 6, the date of discussion may already be set out in the notice referred to in the second sentence of paragraph 5. (8) If a plan is to be amended and the role of an authority or association referred to in the fifth sentence of paragraph 4 or concerns of third parties is to be affected for the first time or to a greater extent than before, the amendment shall be amended. and give them the opportunity to submit comments and objections within a period of two weeks , paragraph 4, sentences 3 to 6 shall apply accordingly. If the change is likely to affect the territory of another municipality, the amended plan shall be interpreted in that municipality; paragraphs 2 to 6 shall apply. (9) The hearing authority shall give effect to the outcome of the hearings procedure shall deliver an opinion and shall forward it to the planning authority within one month of the conclusion of the discussion with the plan, the opinions of the authorities and the associations referred to in paragraph 4, sentence 5, and the non-completion of objections. Unofficial table of contents

Section 74 Planning order decision, planning approval

(1) The planning authority shall determine the plan (decision on the planning of the plan). The rules governing the decision and the challenge of the decision in the formal administrative procedure (§ § 69 and 70) are to be applied. (2) In the decision-making decision, the planning authority decides on the objections concerning the application of the decision. the discussion before the Hearing Authority has not been reached. It shall provide the institution of the project with arrangements or the setting-up and maintenance of installations which are necessary for the good of the general public or for the prevention of adverse effects on the rights of others. If such arrangements or installations are untunable or incompatible with the project, the person concerned shall be entitled to adequate compensation in cash. (3) Where a final decision is not yet possible, the decision shall be taken in the (4) The decision to determine the plan shall be the institution of the project, and the decision must be submitted to the institution of the project in good time. those who have decided to make a decision and to the associations through which they have been Opinions have been decided on. A copy of the decision must be interpreted with a right of appeal and a copy of the determined plan in the municipalities for two weeks to be seen; the place and time of interpretation are to be made known in a local manner. By the end of the period of interpretation, the decision shall be deemed to have been notified to the other parties concerned and shall be indicated in the notice. (5) If, in addition to the institution of the project, more than 50 deliveries are to be made in accordance with paragraph 4, it may be necessary to: these deliveries shall be replaced by public notices. The public notice shall be published in the official publication sheet of the competent authority by the operative part of the planning decision, the right of appeal and a reference to the interpretation referred to in the second sentence of paragraph 4. and also to be published in local newspapers, which are disseminated in the area in which the project is likely to have an impact; conditions must be pointed out. By the end of the period of interpretation, the decision shall be deemed to have been notified to the parties concerned and to those who have raised objections and shall be informed of this in the notice. Under the terms of the public notice, the decision may be requested in writing by the parties concerned and by those who have raised objections, up to the end of the period of appeal; this notice shall be published in the notice of notice. (6) A plan approval may be issued in place of a decision on the planning of a plan, if:

1.

the rights of others are not or are only insignificantly affected, or the persons concerned have agreed to the use of their property or other right in writing,

2.

with the institutions of public interest whose remit is to be affected, and

3.

do not require public participation in other legislation which must comply with the requirements of the first sentence of Article 73 (3) and (4) to (7).

The planning authorisation shall have the legal effects of the plan determination and shall not apply the rules relating to the planning procedure, except in the case of the first sentence of paragraph 4 and paragraph 5, which shall apply mutas to the provisions. Prior to the imposition of an administrative judicial action, no investigation is required in a preliminary proceedings. Section 75 (4) applies accordingly. (7) Plan determination and planning approval are of no importance in cases of insignificant importance. These are available if:

1.

other public concerns are not affected or where the necessary administrative decisions are in place and they do not conflict with the plan;

2.

the rights of others have not been affected or have been concluded with the agreements reached by the plan; and

3.

do not require public participation in other legislation which must comply with the requirements of the first sentence of Article 73 (3) and (4) to (7).

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Section 75 Legal effects of the plan

(1) The determination of the plan shall establish the admissibility of the project, including the necessary follow-up to other installations with regard to all public matters which it touches; in addition to the planning of the project, others shall be administrative decisions, in particular public-law authorisations, lending, permits, permits, consents and plan findings are not required. Through the planning of the project, all public relations between the institution of the project and those affected by the plan are governed by the law. (1a) Shortcomings in the assessment of the public and private sector in contact with the project Concerns are only significant if they have been obvious and have been influenced by the weighing result. Significant defects in the weighing or infringement of procedural or formal requirements only lead to the termination of the planning approval decision or to the planning permission if it is not due to a plan supplement or a supplementary procedure. § § 45 and 46 shall remain unaffected. (2) If the decision of the planning approval has become indisputable, claims for omission of the project, for the disposal or modification of the installations or for omission of their use excluded. In the event of unforeseeable effects of the project or of the installations corresponding to the plan established on the basis of the right of another only after the plan has been indisputable, the person concerned may make arrangements or the setting up and maintenance of Require installations that exclude the adverse effects. They shall be laid down by decision of the planning authority to the institution of the project. If such arrangements or installations are untunable or incompatible with the project, the right to adequate compensation shall be paid in cash. Where arrangements or installations within the meaning of the second sentence are necessary because changes have occurred on an adjacent property after the completion of the planning procedure, the costs incurred by the owner of the adjacent land, unless the changes have been caused by natural events or force majeure; sentence 4 shall not be applied. (3) Applications with which claims for the manufacture of facilities or on the basis of adequate compensation pursuant to the second sentence of paragraph 2 and 4, shall be made in writing to the The planning authority. They shall be admissible only within three years from the date on which the person concerned has been informed of the adverse effects of the project or of the installation which corresponds to the plan established in an indisputable plan; they are excluded, 4. If the plan does not begin within five years after the entry into force of the non-fedability, it shall not enter into force. As the start of the implementation of the plan, any activity of more than minor importance for the first time for the first time shall be deemed to be of minor importance for the completion of the plan; a subsequent interruption in the implementation of the plan shall affect the start of the plan. of the implementation. Unofficial table of contents

Section 76 Plan changes before completion of the project

(1) If the plan is to be changed before the completion of the project, a new planning procedure is required. (2) In the event of a plan change of insignificant importance, the planning authority may be subject to a new plan. If the concerns of others are not affected or if the persons concerned have agreed to the change. (3) In the cases referred to in paragraph 2 or in other cases a change in the plan of the planning authority shall be carried out by the planning authority. No significant importance is attached to a plan-setting procedure, it does not require Consultation procedure and no public announcement of the plan determination decision. Unofficial table of contents

Section 77 Repeal of the planning decision

Where a project which has been initiated has been definitively abandoned, the planning authority shall repeal the plan setting decision. In the repeal decision, the institution of the project shall be required to restore the former condition or appropriate other measures, in so far as this is for the benefit of the general public or for the prevention of adverse effects on the rights of others. is required. Where such measures are necessary because changes have occurred on an adjacent property after the completion of the planning procedure, the institution of the project may be deemed appropriate by decision of the planning authority. However, the costs incurred shall be borne by the owner of the neighbouring property, unless the changes have been caused by natural events or by force majeure. Unofficial table of contents

Section 78 Meeting of several projects

(1) meetings of a number of self-employed projects which are required for the implementation of planning procedures shall be met in such a way that only a single decision is possible for these projects or for parts of them, and shall be at least one (2) competences and procedures are governed by the law on the basis of the law on the Plan determination procedure prescribed for the plant which has a larger A circle of public service relations. If there are doubts as to which legislation is to be applied, it will be decided if, under the legislation under consideration, several federal authorities are responsible for the business areas of several top federal authorities, the federal government, otherwise the competent top federal authority. Where there are doubts as to which legislation is to be applied and in accordance with the legislation under consideration, a federal authority and a federal state authority shall be responsible, if the supreme federal and state authorities do not agree to: The Federal Government and the Government of the State shall agree on the law to be applied.

Part VI
Redress procedure

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Section 79 Legal remedies against administrative acts

Formal appeals against administrative acts shall be governed by the administrative rules of the Administrative Tribunal and by the provisions of their implementation, unless otherwise provided by law; the provisions of this Act shall, moreover, apply. Unofficial table of contents

Section 80 Repayment of costs in the pre-trial procedure

(1) Where the objection is successful, the legal entity whose authority has adopted the contested administrative act shall have the person who has raised an objection which is necessary for the appropriate legal proceedings or defence. Expenses to be reimbursed. This also applies if the contradiction is not successful only because the infringement of a procedure or form of form according to § 45 is incontedible. To the extent that the objection has been unsuccessful, the person who has lodged the opposition shall have the expenses of the authority, which are necessary for the appropriate legal proceedings or defence, and which adopt the administrative act under appeal. , this shall not apply if the objection is lodged against an administrative act which is within the scope of the

1.

an existing or an earlier public service or service relationship; or

2.

an existing or earlier statutory service obligation or an activity which may be carried out in place of the statutory service obligation,

has been adopted. Expenses incurred as a result of the fault of a person entitled to a refund shall be borne by the latter; the fault of a representative is to be attributed to the representative. (2) The fees and expenses of a lawyer or any other person Agents in the preliminary proceedings shall be reimbursable if the rearing of an authorised representative was necessary. (3) The authority which made the decision on costs shall, on request, determine the amount of the expenses to be reimbursable; shall have a committee or Advisory Board (Section 73 (2) of the Administrative Court Regulations), the In the case of a cost decision, the cost of the authority in which the committee or the advisory board is formed shall be the responsibility of the authority. The decision also determines whether the drawing up of a lawyer or other authorised representative was necessary. (4) Paragraphs 1 to 3 also apply to pre-trial proceedings in the case of measures of the right of judicial service.

Part VII
Voluntary activity, committees

Section 1
Voluntary activity

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Section 81 Application of the rules on volunteer work

§ § 82 to 87 apply to the volunteer activities in the administrative procedure, insofar as the law does not determine any deviation. Unofficial table of contents

§ 82 duty to volunteer work

There is a duty to take over voluntary work only if it is provided for by legislation. Unofficial table of contents

§ 83 Exercise of a volunteer activity

(1) The volunteer shall carry out his duties in a conscientious and impartial manner. (2) When taking over his duties, he shall be particularly committed to conscientious and impartial activity and to secrecy. The obligation to do so is to be well-informed. Unofficial table of contents

§ 84 Obligation to comply with the obligation of confidentiality

(1) The honorary person has to maintain secrecy, even after the termination of his volunteer activity, about the matters which have become known to him in the process. This shall not apply to communications in the field of service or to facts which are manifestly or which do not require secrecy. (2) The volunteer shall be entitled to do so without authorisation for matters concerning which he or she may not be held responsible. (3) The permission to testify as a witness may only be denied if the statement is detrimental to the good of the federal government or a country, or if it is not possible to make a statement. endanger or significantly impede the performance of public tasks. (4) Is the person acting on an honorary basis in a judicial procedure or in order to serve his or her legitimate interests, the authorisation shall not, even if the conditions set out in paragraph 3 are satisfied, only be allowed to: if a compelling public interest so requires. (5) The authorisation referred to in paragraphs 2 to 4 shall be granted by the competent supervisory authority of the body responsible for the voluntary work of the person concerned. . Unofficial table of contents

§ 85 Compensation

The volunteer shall be entitled to compensation for his necessary outlays and his/her earnings. Unofficial table of contents

Section 86 Aboccupations

Persons who have been used for volunteer work may be dismissed from the place they have called, if there is an important reason. An important reason for this is, in particular, if the volunteer

1.

has been grossly violating or unworthy of its duty,

2.

it is no longer able to carry out its activities properly.

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§ 87 Administrative Offences

(1) The offence is unlawful.

1.

does not take on a volunteer activity, although it is obliged to take over

2.

an honorary activity, which he was obliged to take over, without any obvious reason.

(2) The administrative offence can be punished with a fine.

Section 2
Committees

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Section 88 Application of provisions relating to committees

For committees, advisory councils and other collegial bodies (committees), if they are acting in an administrative procedure, Sections 89 to 93 shall apply in so far as legislation does not determine any deviating. Unofficial table of contents

Section 89 Order in the sittings

The Chairman opens, directs and closes the meetings; he is responsible for the order. Unofficial table of contents

Section 90 Decision-making capacity

(1) Committees shall be quorum if all members are charged and more than half, but at least three of the members entitled to vote are present. Decisions may also be taken by written procedure if no member is in conflict. (2) If a matter has been withdrawn for quorum, the committee will be recharged for the treatment of the same subject, so if it has been pointed out in this summons, it shall be able to take a quorum without regard to the number of published decisions. Unofficial table of contents

Section 91 Decision-making

Decisions shall be taken with a majority of votes. In the event of a tie, the chairman's vote shall decide if he/she is entitled to vote; otherwise, a vote of equality shall be deemed to be rejected. Unofficial table of contents

Section 92 Elections by committees

(1) If no member of the committee contradicts, by acclamation or sign, otherwise by ballot paper. At the request of a member, a secret is to be chosen. (2) It is chosen who has received the most votes from the votes cast. In the event of a tied vote, the lot to be drawn by the head of the election shall be decided. (3) If several similar polling stations are to be filled, then the maximum number procedure shall be chosen, except where the decision has been unanimously adopted. The allocation of the last polling station shall determine the lot to be drawn by the head of the election, with the same maximum number. Unofficial table of contents

Section 93 Niederschrift

The session shall be subject to a record. The minutes shall contain information on:

1.

the place and day of the meeting,

2.

the names of the chairman and of the committee members present,

3.

the subject-matter and the applications submitted,

4.

the decisions taken,

5.

the result of elections.

The minutes shall be signed by the chairman and, where a written guide has been added, also by the latter.

Part VIII
Final provisions

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Section 94 Transfer of Public Tasks

The national governments may, by means of a regulation, transfer the tasks assigned to the municipalities to another municipal authority or a management community in accordance with the provisions of Sections 73 and 74 of this Act. The legislation of the countries which already contain the relevant provisions shall remain unaffected. Unofficial table of contents

Section 95 Special arrangements for defence matters

After the determination of the defense case or the voltage case in defence matters can be heard by the hearing participant (Section 28 (1)), from the written confirmation (§ 37 (2) sentence 2) and from the written statement of reasons of a In such cases, an administrative act shall be deemed to have been notified by way of derogation from the third sentence of Article 41 (4), with the date following the notice. The same shall apply to the other legislation to be applied in accordance with Article 80a of the Basic Law. Unofficial table of contents

§ 96 Procedure for the transfer of proceedings

(2) The admissibility of an appeal against the decisions taken before the date of entry into force of this Act shall be governed by the provisions of the current law. (3) Time periods commenced before the date of entry into force of this Act shall be calculated in accordance with the legislation currently in force. (4) The provisions of this Act shall apply to the reimbursement of costs in the pre-trial procedure if the Pre-procedure before the entry into force of this law has not yet been completed. Unofficial table of contents

Section 97

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Section 98

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§ 99

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§ 100 State regulations

The countries can by law

1.

a regulation corresponding to § 16;

2.

stipulate that the legal effects of Section 75 (1) sentence 1 shall also apply to decisions required by federal law for planning findings which are carried out on the basis of national law.

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Section 101 Urban-state clause

The Senate of the Länder of Berlin, Bremen and Hamburg is authorized to regulate the local jurisdiction by way of derogation from § 3 to the special administrative structure of their countries accordingly. Unofficial table of contents

Section 102 Transitional provision on § 53

Article 229 (6) (1) to (4) of the Introductory Act to the Civil Code applies accordingly to the application of § 53 in the version valid since 1 January 2002. Unofficial table of contents

Section 103

(Entry into force)