🗣️ Hearing before the notice of decision
In brief
If a notice is meant to restrict your rights, the authority must hear you beforehand. You receive a letter. It states the facts that matter for the decision.
You may comment on them. Do so in writing and within the stated deadline. Say what is wrong or incomplete.
There are exceptions, for example in urgent cases or mass procedures. Then the notice comes without a hearing.
Step by step
- Read the letter and the deadlineWhich facts does the authority state? By when should the reply arrive?
- Consider access to the fileIf statements are unclear, ask to see the file.
- Submit a statementShort, factual, with evidence; keep a copy.
- Ask for an extensionIf needed, ask for more time in writing and keep the reply.
Deadlines
- The hearing is not a decision. Even so, what you say can shape the decision.
- A missing hearing can in some circumstances be made up later; get legal advice on this.
- Exceptions: urgency, risk to a deadline, agreement with your statements, mass procedures, enforcement.
- A false statement can have consequences; state only what is true.
In depth · legal basis, figures and practice – for advisers and professionals
Principle
Under § 28 Abs. 1 VwVfG (federal; Länder: Art. 28 BayVwVfG, § 28 VwVfG NRW, Berlin VwVfG Bln, see overview), a party must be given the opportunity to comment on the facts relevant to the decision before an administrative act is issued that interferes with their rights. § 24 Abs. 1 SGB X provides likewise.
Exceptions
The hearing may be omitted if an immediate decision appears necessary because of imminent danger or in the public interest, if it would jeopardise compliance with a time limit, if the party's factual statements are not to be departed from to their detriment, for general administrative rules and for measures in administrative enforcement. § 24 Abs. 2 Nr. 7 SGB X lists seven exceptions, including mass procedures, income-related benefit adjustments and (no. 7) set-off or offsetting against claims or with claims of less than 70 euros; the 70-euro limit applies only to that, not to notices in general. The scope of the exceptions must be checked in the text.
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