New York Law (NYLE) Practice Exam

When is a public hearing required?

1. Always

2. Never

3. When a statute specifically requires it.

4. When a statute exempts it.

The correct answer is: When a statute specifically requires it.

A public hearing is required when a statute specifically mandates such a hearing for certain actions or decisions. This requirement often arises in contexts such as zoning changes, land use decisions, or administrative rulemaking. The law may outline specific circumstances under which a public hearing is necessary, intending to ensure public participation and transparency in the decision-making process. In contrast, the other options do not accurately reflect the principle of public hearings in legal contexts. While there may be instances where public hearings are routine or non-existent, they are not universally required (as suggested by 'always' or 'never'). Similarly, stating that a public hearing is needed when a statute exempts it is contradictory, as exemptions typically imply that a public hearing is not necessary. Therefore, the specific language of a statute is crucial in determining whether a public hearing is mandated.