Persons excluded

(1) In an administrative procedure, the following may not act for an authority: 1. a person who is himself or herself a party; 2. a person who is a relative of a party; 3. a person who represents a party by operation of law or by power of attorney, generally or in this administrative procedure; 4. a person who is a relative of a person representing a party in this procedure; 5. a person who is employed for remuneration by a party, or who acts for a party as a member of its management board, supervisory board or a similar body; this does not apply to a person whose employing corporate body is a party; 6. a person who, outside his or her official capacity, has given an opinion in the matter or has otherwise been active in it. A person who may derive a direct advantage or disadvantage from the activity or the decision is treated the same as a party. This does not apply where the advantage or disadvantage rests only on the fact that a person belongs to a professional or population group whose common interests are affected by the matter.
(2) Subsection (1) does not apply to elections to an honorary function, and to the removal of persons holding an honorary function.
(3) A person excluded under subsection (1) may, where there is danger in delay, take measures that cannot be deferred.
(4) Where a member of a committee (section 88) considers himself or herself excluded, or where doubts exist as to whether the conditions of subsection (1) are met, this must be communicated to the chair of the committee. The committee decides on the exclusion. The person concerned may not take part in this decision. The excluded member may not be present at the further deliberation and resolution.
(5) Relatives within the meaning of subsection (1), nos. 2 and 4 are: 1. the fiancé(e); 2. the spouse; 2a. the civil partner; 3. relatives and relatives by marriage in the direct line; 4. siblings; 5. children of siblings; 6. spouses of siblings and siblings of spouses; 6a. civil partners of siblings and siblings of civil partners; 7. siblings of parents; 8. persons connected with one another as parent and child through a long-term foster relationship involving domestic community (foster parents and foster children). The persons listed in the first sentence remain relatives even where 1. in the cases of nos. 2, 3 and 6, the marriage founding the relationship no longer exists; 1a. in the cases of nos. 2a, 3 and 6a, the civil partnership founding the relationship no longer exists; 2. in the cases of nos. 3 to 7, the relationship by blood or by marriage has been extinguished by adoption as a child; 3. in the case of no. 8, the domestic community no longer exists, provided the persons remain connected with one another as parent and child.