Skiing instructor qualified under provincial legislation

The Bezirksverwaltungsbehörde must, at the request of any person (with Austrian nationality, with the nationality of an EU or EEA Member State or with that of the Swiss Confederation, with the status of a third-country national with long-term resident status within the meaning of Directive 2003/109/EC or a family member within the meaning of Directive 2004/38/EC), in the context of the procedure for the granting of a national ski instructor authorization, state under certain conditions whether and to what extent their qualification is equivalent to that required under Austrian law. The Bezirksverwaltungsbehörde shall, under certain conditions, prescribe the completion of an adaptation course or the taking of an aptitude test. The Bezirksverwaltungsbehörde must determine the place, content and assessment of the adaptation period and the competent examination office for the aptitude test, as well as the subjects that may be covered by the examination. The subject areas are to be determined based on a comparison between the training in accordance with Austrian requirements and the applicant's previous training. The applicant can choose between completing an adaptation course and taking an aptitude test. A recognition already granted by another federal state also applies to Lower Austria.

Procedure:

Application; If necessary, request the authenticity of the documents from the competent authority in the home or home country; Issue of the notice (determination of the equivalence of the qualification, requirement to complete an adaptation period or take an aptitude test); The procedure usually takes about four months.

The Bezirksverwaltungsbehörde must acknowledge receipt of the documents (application including documents required by law) within one month; if necessary, inform the applicant which documents are missing; the Bezirksverwaltungsbehörde must decide on the application without undue delay, but after four months at the latest.

Requirements for the determination of equivalence:

• the applicant must presents evidence of formal qualifications or training issued by an EU or EEA Member State or the Swiss Confederation which complies with Directive 2005/36/EC
• the applicant must provide proof of nationality
• in case of reasonable doubt as to the authenticity of the documents, the Bezirksverwaltungsbehörde may require the competent authorities of the issuing State to confirm their authenticity;

Requirements for prescribing an adaptation course (maximum 20 days) or an aptitude test:

• The previous training relates to subjects, which differ substantially from training in accordance with Austrian requirements.
• The profession of Skiing teacher in the Member State of origin does not cover all the professional activities of the profession in question under national law, and that difference consists in specific training relating to subjects, which differ substantially from those covered by the certificate of competence, or training presented by the applicant. (Subjects which differ substantially are those for which knowledge of them is an essential prerequisite for the exercise of the profession and for which the applicant's previous education and training differs significantly in duration and content from the education and training required under Austrian law)
• The knowledge acquired in the course of the applicant's professional practice cannot compensate, in part or entirely, for differences in training which are essential for the pursuit of the profession.

Required documents:

Informal application including documents proving that the legally required conditions have been met.

Costs and fees:

For the application to determine the equivalence of the qualification or to prescribe the completion of an adaptation course or the taking of an aptitude test:
Fees according to the Gebührengesetz 1957: Please enquire in advance at the competent office.

For the determination of the equivalence of the qualification and the requirement to complete an adaptation course or take an aptitude test:
Administrative charge according to the NÖ Landes-Verwaltungsabgabenverordnung 2001, LGBl. 3800/1,TP A 2. in the version of the announced NÖ Landes-Veraltungsabgabentarif 2016, LGBl. 97/2015 in connection with § 78 of the Allgemeines Verwaltungsverfahrensgesetz 1991: € 8.80
Fees according to the Gebührengesetz 1957: Please enquire in advance at the competent office.

Further information on this procedure is only available in German

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