Before the head of a central administrative agency takes an order or similar measure under the listed consumer provisions, must a hearing always be held?
General information · Not legal advice
Material to check
In a practice file we read the measure itself, to see which of the listed provisions it rests on, the paper identifying the official as head of a central administrative agency, and any record showing whether a hearing was held.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading takes the duty as written: the head of a central administrative agency that intends to take a measure such as an order under the listed provisions must hold a hearing, so the duty attaches to the intention to act, before the measure is made.
Another reading reads the exception as written: where the case is the case of the proviso of the measure provision that this provision names, no hearing is required, and the provision neither states what that proviso covers nor defines what counts as 'an order or similar measure'.
Your judgment
If a measure is taken under one of the listed provisions, what in the file would show whether it falls within the named proviso rather than the main rule?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to add or remove a listed measure or to restate the exception, or if a decision settles what counts as an order or similar measure.