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Federal Act on Administrative Procedure (Administrative Procedure Act, APA)1
of 20 December 1968 (Status as of 1 July 2022)
1 Abbreviation added by Annex No II 3 of the Law Enforcement Authorities Act of 19 March 2010, in force since 1 Jan. 2011 (AS 2010 3267; BBl 20088125).
Art. 62
II. Amendment of the contested ruling
1 The appellate authority may amend the contested ruling in favour of a party.
2 It may amend the contested ruling to the prejudice of a party, provided the ruling violates federal law or is based on an incorrect or incomplete determination of the facts of the case; the contested ruling may not be amended to the prejudice of a party on the grounds that it is inadequate, other than in the case of an amendment in favour of a respondent.
3 If the appellate authority intends to amend the contested ruling to the prejudice of a party, it shall notify the party of this intention and allow him the opportunity to respond.
4 In no event do the grounds for the application bind the appellate authority.