Official expert

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Official experts in Austria act as organs of an administrative authority ( administrative organs ) if the authority itself lacks the relevant specialist knowledge .

In Austria, if it is necessary for an expert to take evidence, the authority can call in an official expert (official expert) attached to or available to this authority (e.g. an electrical engineer employed by the authority to assess the electrical system of a cable car )

Is an authority

  • no such expert attached or
  • does a certain person outside the authority have in-depth specialist knowledge that is required by the authority, or
  • the involvement of a specific person outside the authority can significantly speed up the process,

the authority can also use such non-official experts . " However, such use is only permitted if it is suggested by the person on whose request the procedure was initiated and the resulting costs are unlikely to exceed an amount determined by this party ."

The authority can also "have the evidence taken by requested or commissioned administrative authorities or individual official bodies designated for this purpose or replace or supplement them with other surveys may only be requested to take evidence in cases specifically specified by law . "

The parties in the administrative proceedings are free to hire a private expert at their own expense in order to obtain the relevant specialist knowledge and to be able to argue in the proceedings. The private experts are not, however, experts in the sense of the General Administrative Procedure Act . Their (private) expert opinion can, however, be held against the authority as counter-evidence in order to support their own legal position.

The liability of the official expert is basically based on the Official Liability Act .

See also

Web links

Individual evidence

  1. ↑ See Section 52 (1) General Administrative Procedure Act (AVG).
  2. ↑ Section 52 (2) AVG. As a rule, court-sworn and certified experts are called in for this task .
  3. ↑ Section 55 (1) AVG.
  4. ↑ Section 55 (2) AVG