Informal hearing procedures

Yes — under 1902.13 any informal hearing must be legislative in type. This means the hearing must be conducted in the context of rulemaking or policy development rather than as an adjudicatory or case-by-case trial. See Part 1902 for the broader context of State Plans and procedures.

No — under 1902.13 the procedures for informal hearings may take a variety of forms and need not be identical for every hearing. The rule explicitly allows flexibility so that procedures can fit the proposals, subjects, or issues involved. Refer to Part 1902 for additional context on State Plan procedures.

The appropriateness of an informal hearing form is determined largely by the proposals, subjects, or issues involved, as stated in 1902.13. That means organizers should choose the hearing format that best fits the topics and the type of input needed, rather than using a one-size-fits-all approach. See Part 1902 for related procedural guidance.

The rules of procedure for the informal hearing must be published with the notice of the hearing, according to 1902.13. Publishing those rules with the notice ensures participants know how the hearing will be run before they decide to participate. See Part 1902 for further context on State Plan procedures.

No — 1902.13 requires that the rules of procedure be published with the notice of the hearing, so changing procedures after publication without notifying participants would conflict with that requirement. Any revisions should be republished with an updated notice so participants are aware of the new rules. See Part 1902 for additional procedural context.

Yes — 1902.13 allows informal hearings to take a variety of forms, so formats such as public meetings, panels, or written comment procedures can be used if they are appropriate to the proposals, subjects, or issues. The chosen format and the rules for participation must be published with the hearing notice. See Part 1902 for broader procedural context.

The entity organizing the informal hearing must publish the rules of procedure with the notice, as required by 1902.13. This ensures prospective participants receive the procedural information directly from the organizer when the notice is issued. See Part 1902 for additional State Plan procedural guidance.

The regulation advises that the appropriateness of any particular form will turn largely upon the proposals, subjects, or issues involved, per 1902.13. In practice, this means selecting the format that best matches the topics and the kind of input needed, and then publishing the hearing rules with the notice. See Part 1902 for further procedural context.

The only explicit mandatory element in 1902.13 is that the rules of procedure for each hearing must be published with the notice; other procedural elements may vary depending on the hearing's form and subject. Organizers should ensure that the published rules adequately describe how the hearing will operate. See Part 1902 for related procedural background.

Yes — the scope of topics and how they will be handled can be set out in the rules of procedure that are published with the notice, in keeping with 1902.13. Publishing scope limits in the procedures gives participants clear expectations about which proposals, subjects, or issues will be considered. See Part 1902 for additional procedural context.

Yes — because 1902.13 requires that the rules of procedure be published with the notice, the notice should include how the public can participate as described in those procedures. Publishing participation details with the notice ensures transparency and meaningful opportunity to engage. See Part 1902 for related procedures.

The regulation does not specify whether informal hearings produce binding decisions; it only requires that hearings be legislative in type and that the rules of procedure be published with the notice, as stated in 1902.13. Whether outcomes are binding will depend on the broader statutory or regulatory process being used. See Part 1902 for additional context on State Plan procedures.