FAQ

Is the conduct of an oral hearing in the investigative procedure mandatory?

No, it is at the discretion of the administrative authority to determine how the procedure is to be conducted – it can decide whether an oral hearing should be held or not. Although parties can request an oral hearing, they are not entitled to one.

If an oral hearing is held, it must be scheduled in such a way that all participants have the opportunity to appear in good time and prepared. The appropriate preparation time naturally depends on the complexity of the matter to be discussed – the more extensive the subject matter of the proceedings, the longer the necessary preparation time. Except in exceptional cases, the minimum preparation time is at least two days.

Questions
about a topic?

Then contact Michael Ibesich

Personal and
competent advice

Visitors who read this question
were also looking for...

What enforcement measures are available?

Can the enforcement order be contested?

Who is responsible for enforcement?

What is the purpose and subject matter of the enforcement procedure?

When can a complaint be submitted to the Constitutional Court?

When can an appeal be lodged?

What appeals can be made against decisions of the administrative courts?

What is a default complaint, and when can it be raised?

What is a measure complaint, and when can it be raised?

Insights from the IBESICH law firm

News from the firm and legal updates in Austria.