173.36
LPA-VDLJPA
CH-VD
CH-VD
Art. 28 LOI sur la procédure administrative (LPA-VD) - Principes
Chapitre II, Section III
Art. 28 LPA-VD · Principes
1. L'autorité établit les faits d'office.
2. Elle n'est pas liée par les offres de preuves formulées par les parties.
Décisions judiciaires appliquant cette disposition (87)
AC.2024.0379 · vd (art. 28 al. 2 et 34 al. 3 LPA-VD)
Appeal Dismissal Regarding Zoning Approval for Event Center and Road Development
Cited for the anticipated rejection of the evidence requests.
GE.2025.0014 · vd (art. 28 al. 2 et 34 al. 3 LPA-VD)
Candidate v. Notary Traineeship Refusal Based on Missing ECTS Credits
Cited in the reasoning regarding the court's power to reject evidence offers, impacting the procedural decision on evidence.
AC.2024.0188 · vd (Art. 28 al. 1, 41, 63 et 89 LPA-VD)
Municipal Order to Cease Unlicensed Residential Rental Upheld Against Property Owners
Cited to establish that the Cantonal Administrative Court (CDAP) has full power of review, which served to repair any potential violation of the right to be heard.
AC.2023.0338 · vd (art. 28 al. 2 et 34 al. 3 LPA-VD)
Property Owner v. Municipality and Canton Regarding Rezoning to Agricultural Zone
Cited in the context of rejecting the requests for evidence production via anticipated assessment of evidence.
GE.2023.0069 · vd (art. 28 al. 1 LPA-VD)
Calf-Fattening Operation Drug Storage and Hygiene Compliance Appeal
Cited in the reasoning regarding the court's duty to establish facts, but not explicitly used in the dispositive orders (I-VI).
CR.2024.0022 · vd (art. 28 al. 2 et 34 al. 3 LPA-VD)
Driver License Withdrawal Upheld for Red Light Violation Causing Injury
Cited in the context of rejecting the request for further investigation via 'appréciation anticipée des preuves' (anticipatory assessment of evidence).
PS.2023.0046 · vd (art. 28 al. 2 LPA-VD)
Housing Allowance Denial for Young Adult Living with Parents Upheld
Cited as the court is not bound by evidence offered by the parties.
GE.2023.0104 · vd (Art. 28 al. 1 LPA-VD)
Company v. Administrative Authority (COVID-19 Grant Revocation)
Cited in the reasoning regarding the authority's duty to establish facts ex officio, which influences the final decision to remit the case.
PS.2022.0065 · vd (art. 28 al. 1 LPA-VD)
Family Benefit Repayment Over Inalienable Foreign Property
Cited as the basis for the authority's failure to meet its official duty of investigation (instruction d'office).
PE.2021.0183 · vd (Art. 28 al. 2 LPA-VD)
Appeal of Residency Status Revocation Based on Criminal Record and Debt
This provision states the authority is not bound by evidence offers, referenced when rejecting the request for an oral hearing (Considerant 2).
PS.2022.0036 · vd (art. 28 al. 1 LPA-VD)
Social Assistance Eligibility and Restricted Third-Pillar Savings
Cited concerning the official maxim of establishing facts (inquisitorial principle).
AC.2022.0038 · vd (Art. 28 al. 2 LPA-VD)
Property Owner v. Municipality (Building Demolition Permit Refusal)
Cited in relation to the rejection of the request for a local inspection based on anticipatory evaluation of evidence.
PS.2022.0030 · vd (art. 28 al. 2 LPA-VD)
Social Assistance Recipient vs. Divestment of Inherited Funds
Cited regarding the court not being bound by evidence offers (though not explicitly in the final orders I-V).
BO.2021.0009 · vd (Art. 28 al. 1 LPA-VD)
Appeal Regarding Study Grant Revocation and Repayment Based on Financial Capacity Calculation Errors
Cited in reasoning when discussing the duty to establish facts, although the final order on costs relies on other articles.
AC.2021.0372 · vd (Art. 28 al. 2 LPA-VD)
Appeal Regarding Building Permit for Private Swimming Pool and Noise Pollution Concerns
Cited as the provision stating the authority is not bound by parties' procedural offers regarding evidence.