PRIA, Government Policy, Made Personal

Summary

Publishing a notice in the Federal Register counts as giving notice to everyone who lives in any State or in the District of Columbia, unless the law says that publishing alone is not enough. If a law sets a time for publishing, the notice must appear at least that long before the scheduled hearing or before the deadline to speak. If no time is set, it must appear at least 15 days before, though a shorter, reasonable period can still work.

Title 44, §1508

Public Printing and Documents, Source: USLM XML via OLRC

A notice of hearing or of opportunity to be heard, required or authorized to be given by an Act of Congress, or which may otherwise properly be given, shall be deemed to have been given to all persons residing within the States of the Union and the District of Columbia, except in cases where notice by publication is insufficient in law, when the notice is published in the Federal Register at such a time that the period between the publication and the date fixed in the notice for the hearing or for the termination of the opportunity to be heard is—

(1)not less than the time specifically prescribed for the publication of the notice by the appropriate Act of Congress; or

(2)not less than fifteen days when time for publication is not specifically prescribed by the Act, without prejudice, however, to the effectiveness of a notice of less than fifteen days where the shorter period is reasonable.

Historical and Revision Notes

Based on 44 U.S. Code, 1964 ed., § 308 (

July 26, 1935, ch. 417, § 8, 49 Stat. 502;

June 25, 1959, Pub. L. 86–70, § 34, 73 Stat. 149;

July 12, 1960, Pub. L. 86–624, § 33, 74 Stat. 421).

§1508 Publication in Federal Register as Notice of Hearing

Summary

Title 44, §1508

Notes & Related Subsidiaries

Historical and Revision Notes

Citations & Metadata