Frequently Asked Questions about Public Hearings Under the APA

Frequently Asked Questions about Public Hearings Under the APA By Chris Micheli

            Does a state agency have to hold a public hearing? No, except a rulemaking body must conduct a public hearing on a proposed regulation if requested by a member of the public to do so.

What must occur at a public hearing? Government Code Section 11346.8 requires, if a public hearing is held, both oral and written statements, arguments, or contentions to be permitted. However, the agency may impose reasonable time limitations on oral presentations.

            When must a public hearing be requested if the state agency does not propose one? A public hearing must be held if, no later than 15 days prior to the close of the written comment period, an interested person or his or her duly authorized representative, submits in writing to the state agency a request to hold a public hearing.

What does a state agency have to do with a public hearing request? If such a request is made by a member of the public, then a state agency must provide notice of the time, date, and place of the hearing by mailing the notice to every person who has filed a request for notice with the state agency.

What requirements can a state agency impose at a public hearing? A state agency has the authority, at any hearing, to administer oaths or affirmations. An agency may continue or postpone a hearing to the time and at the place as it determines. However, if a hearing is continued or postponed, the state agency is required to provide notice to the public as to when it will be resumed or rescheduled.

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