Operation approval for ski schools - right to continuation - notification

Under certain conditions, the ski school license may be exercised by the estate, the surviving spouse entitled to inherit, the surviving children entitled to inherit or children of choice, i.e. by persons entitled to continue the ski school; several persons entitled to continue the ski school are jointly entitled to this right, unless the license holder has made a legally valid decision to the contrary. The persons entitled to continue operation shall notify the licensing authority of the continued operation.

An authorised person entitled to continue operation may name a deputy if he does not himself meet the personal requirements required by law (citizenship, the necessary mental aptitude, age 24, reliability, physical aptitude, professional competence and practical activity).

The ski school operating license for companies may be exercised under certain conditions after the resignation of the managing director until a new partner is appointed.

Informal notification (Formlose Anzeige) by the person authorized to continue operations or the license holder.

The notification must be made before the intended continuation of operations or before the resignation of the managing director of the company.

Verwaltungsabgabe
gemäß NÖ Landes-Verwaltungsabgabenverordnung 2001, StF: LGBl. 3800/1-0 sowie gemäß NÖ Landes-Verwaltungsabgabentarif 2020, StF: LGBl. Nr. 106/2019 in the versions valid at the time

Gebühren
Gebührengesetz 1957 (GebG), StF: BGBl. Nr. 267/1957 (WV) in the respective valid Version

Please inquire in advance with the responsible Office

§ 20 NÖ Sportgesetz, LGBl. 5710-9

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• Death of the licence holder; in this case, the only persons entitled to continue operation are estate, the surviving spouse entitled to inherit, the surviving children entitled to inherit or children of choice; joint continuation only if the licence holder has not legally decreed otherwise in this respect.
• if one of the persons entitled to continue operations meets the requirements (citizenship, the required mental aptitude, completion of 24 years of age, reliability, physical aptitude, professional competence and practical activity), he can apply for a Make deputies known.
• The regulations on the rights of continuation of the Austrian GewO 1994, BGBl. No. 194/1994 in the version BGBL. I No. 88/2000 are analogously subject to the following to apply that the continued operation only until the end of the fifth following winter season is permissible.
• If the managing director of a company that is the owner of a Ski school operating license is, until the appointment of a new managing director, but not more than one month; the authorizing authority may fix the monthly period in and if this is necessary to maintain the quality of the service ski school operation in a ski area is required, until the beginning of the following Ski season (1 December) extend; if the managing director separates however between May and October, a new managing director must be appointed by December 1 of this year at the latest order.

Anzeige - german only

An administrative offence is committed, which is to be punished with a fine of up to € 2,200,--, by anyone who contravenes the duty of disclosure (intended continuation or withdrawal of the managing director) or who appoints a managing director late.

Bezirksverwaltungsbehörde

Authentication or signature of the application is not required.

An appeal is possible against rulings issued by an authority and shall be filed by the party within a four weeks term with the authority that issued the ruling of first instance (against rulings without investigation procedure within a two weeks term). The term starts with the receipt of the written copy of the ruling, in the case of oral pronouncement simultaneously with it.

The appeal shall indicate the ruling it contests, the authority that issued the ruling and contain a motion of appeal with the reasons. No more appeal is admissible if the party expressly waived the right of appeal after receipt or pronouncement of the ruling.

Each ruling contains instructions on the right to appeal and indicates the authority and the deadline for submission of such appeal.

Point of single contact Niederösterreich https://eap.noe.gv.at/Start.aspx?lang=en

Amt der NÖ Landesregierung, Abteilung Sport

25.07.2023