Wegweiser Citizens and Authorities · Your rights in administrative procedure Deutsch

🗣️ Hearing before the notice of decision

Before an authority interferes with your rights, it must give you the opportunity to comment. There are exceptions.

hearing hearing letter statement interference right to be heard administrative act

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

  1. Read the letter and the deadlineWhich facts does the authority state? By when should the reply arrive?
  2. Consider access to the fileIf statements are unclear, ask to see the file.
  3. Submit a statementShort, factual, with evidence; keep a copy.
  4. Ask for an extensionIf needed, ask for more time in writing and keep the reply.

Deadlines

The deadline stated in the letter
The authority sets the period for comment in each case; § 28 VwVfG names no fixed number.§ 28 Abs. 1 VwVfG (federal; Länder: Art. 28 BayVwVfG, § 28 VwVfG NRW, Berlin VwVfG Bln, see overview); § 24 Abs. 1 SGB X
70 euros
Exception in social law: the hearing may be dispensed with if set-off or offsetting is to be made against claims or with claims of less than 70 euros (not for notices in general).§ 24 Abs. 2 Nr. 7 SGB X
Watch out – common mistakes
  • 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.

Who is responsible
  • Issuing authority
  • Lawyer in case of dispute
Further reading
Access to filesUnderstanding a notice of decision

Quick questions

Worum geht es bei „Hearing before the notice of decision“?
Before an authority interferes with your rights, it must give you the opportunity to comment. There are exceptions.
Which deadlines and figures matter?
  • The deadline stated in the letter: The authority sets the period for comment in each case; § 28 VwVfG names no fixed number. (§ 28 Abs. 1 VwVfG (federal; Länder: Art. 28 BayVwVfG, § 28 VwVfG NRW, Berlin VwVfG Bln, see overview); § 24 Abs. 1 SGB X)
  • 70 euros: Exception in social law: the hearing may be dispensed with if set-off or offsetting is to be made against claims or with claims of less than 70 euros (not for notices in general). (§ 24 Abs. 2 Nr. 7 SGB X)
What should I do first?
  • Read the letter and the deadline: Which facts does the authority state? By when should the reply arrive?
  • Consider access to the file: If statements are unclear, ask to see the file.
  • Submit a statement: Short, factual, with evidence; keep a copy.
What do I need to watch out for?
  • 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.
Evidence
  • Gesetze im Internet, § 28 VwVfG, retrieved 20 September 2026
  • Gesetze im Internet, § 24 SGB X, retrieved 20 September 2026
  • Gesetze im Internet, § 25 VwVfG, retrieved 20 September 2026
As of

September 2026 · Sources and method

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