Skip to content
MiPRFácil
ESEN
Housing

When a permit gets a public hearing: the five cases and how it is held

Last reviewed: September 6, 2026VerifiedOGPe

In short

Rule 2.1.10 of Joint Regulation No. 9473 says when a permit process reaches a public hearing. There are five cases: location consultation, use variance or other variance procedures where the regulations in force so require, or those where the JP, OGPe or the autonomous municipality with hierarchy I to III — if delegated in the Convenio — deem it pertinent; calification change procedures; in residential districts, legally non-conforming structures as to use, to evaluate alterations, reconstructions, expansions or the addition of facilities in buildings occupied or used as gas stations; Environmental Impact Statements, per the procedure DRNA establishes in its regulation; and Master Plans. There is a precondition worth knowing: no hearing is called unless the applicant has met all the Regulation’s substantive and procedural requirements for the service requested. Once a hearing is decided on, a charge may be applied to the applicant’s account to cover the notifications’ postage. And on format, the rule is modern: hearings may be held in person, by remote technological means or both, ensuring at all times the public’s access and effective participation. The proceedings are recorded and the Hearing Officer renders a Hearing Report.

External link

Go to the official site

You'll leave MiPRFácilOpens in a new tab

docs.pr.gov

What is it?

These are Sections 2.1.10.1 and 2.1.10.2 of Chapter 2.1 of Joint Regulation No. 9473. This rule’s public hearing happens while the application is being evaluated, not after it is resolved: it is the moment when neighbours and any person with a legitimate interest can speak before the decision. It should not be confused with the administrative hearing of Chapter 11.6, which follows a Planning Board determination and which we cover in a separate guide.

Who can do it?

Public hearings are held by the JP, OGPe, the Adjudicative Board or the autonomous municipalities with hierarchy I to III, as applicable. The five cases are location consultations, use variances or other variances where the regulations require it or the agency deems it pertinent; calification changes; in residential districts, legally non-conforming structures as to use, to evaluate alterations, reconstructions, expansions or the addition of facilities in buildings occupied or used as gas stations; Environmental Impact Statements per DRNA’s regulation; and Master Plans.

Requirements

  • Having met all the substantive and procedural requirements indicated in the Regulation for the service requested: no public hearing is called while any is missing.Verified against the official source
  • That the hearing be held in location consultation, use variance or other variance procedures where the regulations in force so require, or where the JP, OGPe or the autonomous municipality with hierarchy I to III deem it pertinent.Verified against the official source
  • That the hearing be held in calification change procedures and for Master Plans.Verified against the official source
  • That the hearing be held, in residential districts and on legally non-conforming structures as to use, to evaluate alterations, reconstructions, expansions or the addition of facilities in buildings occupied or used as gas stations.Verified against the official source
  • That the hearing be held for Environmental Impact Statements per the procedure DRNA establishes in its regulation.Verified against the official source
  • That the in-person hearing’s place be adequate and accessible, and allow the use of equipment and technology for it to be effectively held.Verified against the official source
  • That the hearing by technological means ensure participation by secure and reliable means for interested citizens, without imposing irrational obstacles that substantially affect their rights.Verified against the official source
  • That the application through which interested parties and participants may intervene be announced in the public notices.Verified against the official source
  • That the proceedings during public hearings be recorded and that the Hearing Officer render a Hearing Report.Verified against the official source

Documents you need

Cost

Check the current cost with the official agency.

Step by step

  1. Step 1: The five cases with a hearing

    The JP, OGPe, the Adjudicative Board or the autonomous municipalities with hierarchy I to III hold public hearings: for location consultation, use variance or other variance procedures where the regulations in force so require, or where the agency deems it pertinent; for calification change procedures; for residential districts, on legally non-conforming structures as to use, when evaluating alterations, reconstructions, expansions or the addition of facilities in buildings occupied or used as gas stations; for Environmental Impact Statements per DRNA’s procedure; and for Master Plans.

  2. Step 2: The agency’s discretion

    The first case has two doors. One is regulatory: where the regulations in force require the hearing. The other is discretionary: where the JP, OGPe or the autonomous municipality with hierarchy I to III — if delegated in the Convenio — deem it pertinent. That is, even where no rule requires it, the agency may call one.

  3. Step 3: No hearing with an incomplete file

    The section says it flatly: no public hearing is called unless the applicant has met all the substantive and procedural requirements indicated in this Regulation for the service requested. For the proponent this means the hearing does not arrive while a document is missing; for the neighbour waiting to take part, that the date depends on the file being complete.

  4. Step 4: The postage charge

    Once a public hearing is decided on, a charge may be applied to the applicant’s account, as established by Administrative Order, to cover the postage needed for any notification. A note on the source: the section publishes neither that charge’s amount nor the Administrative Order setting it, so we publish no figure.

  5. Step 5: In person, remote, or both

    Public hearings may be held in person, by remote technological means or both, ensuring at all times the public’s access and effective participation. If in person, the place must be adequate and accessible, and must allow the use of equipment and technology for it to be effectively held.

  6. Step 6: The hearing by technological means

    The hearing using technological means must ensure participation is by secure and reliable means for interested citizens, without imposing irrational obstacles that substantially affect their rights. All interested parties and participants may intervene through the selected application, which is announced in the public notices. In short: the public notice must say how to get in.

  7. Step 7: It is recorded and reported

    The proceedings during public hearings are recorded and the Hearing Officer renders a Hearing Report. Hearings are held following the procedural standards established by the laws and standards governing them. And the agencies may establish and adopt the internal guides needed to manage the procedures, provided the rule’s purpose, public policy and the laws and standards in force are met.

Where to do it

The hearing is called and held by the JP, OGPe, the Adjudicative Board or the autonomous municipality with hierarchy I to III handling the application, as applicable. The application used to take part remotely is announced in the hearing’s own public notices. For Environmental Impact Statements, the procedure is established by DRNA in its regulation.

How long it takes

Check the current processing time with the official agency.

What to do if something goes wrong

If the question is whether there will be a hearing, look first at the type of process: location consultation, variance, calification change, Environmental Impact Statement or Master Plan are the five cases, and there is a sixth, less-known route, the agency’s discretion where it deems a hearing pertinent even if the regulations do not require it. There is also a very specific case people do not expect: in residential districts, legally non-conforming structures as to use when alterations, reconstructions, expansions or the addition of facilities are evaluated in buildings occupied or used as gas stations. For the proponent, the practical lesson is that the hearing is not set while the file is incomplete, so the calendar depends on completing the substantive and procedural requirements. For the neighbour, what matters is that the hearing may be in person, remote or mixed, and that the public notice must say which application is used to take part; if in person, the place must be adequate and accessible. And it is all recorded, with a Hearing Report from the Hearing Officer that goes into the file.

Common mistakes

  • Assuming every permit gets a public hearing, when the rule limits it to five cases plus the agency’s discretion.
  • Confusing this public hearing, held while the application is evaluated, with the administrative hearing that follows a Planning Board determination.
  • Expecting the hearing to be set with an incomplete file, when it is not called while substantive or procedural requirements are missing.
  • Ruling out a hearing in a gas station case in a residential district with a legally non-conforming structure, which is one of the express cases.
  • Forgetting a charge may be applied to the applicant’s account to cover the notifications’ postage.
  • Showing up at a physical address when the hearing is held by technological means, or the reverse.
  • Not reading in the public notice which application is used to take part remotely.
  • Believing what is said at the hearing goes unrecorded, when proceedings are recorded and the Hearing Officer renders a Hearing Report.

Frequently asked questions

In which cases does a permit get a public hearing?

In location consultations, use variances or other variances where the regulations require it or the agency deems it pertinent; in calification changes; in residential districts, for legally non-conforming structures as to use when evaluating alterations, reconstructions, expansions or the addition of facilities in buildings used as gas stations; in Environmental Impact Statements per DRNA’s regulation; and in Master Plans.

May public hearings be held online?

Yes. They may be held in person, by remote technological means or both, ensuring the public’s access and effective participation. The application through which one may take part is announced in the public notices.

May the hearing be called if documentation is missing?

No. No public hearing is called unless the applicant has met all the substantive and procedural requirements indicated in the Regulation for the service requested.

Is the public hearing recorded?

Yes. The proceedings during public hearings are recorded and the Hearing Officer renders a Hearing Report.

Official sources

These are the government pages this guide is based on.

Last verified

September 6, 2026

MiPRFácil is an independent informational website and is not affiliated with, endorsed by, or operated by the Government of Puerto Rico or any government agency.

MiPRFácil does not submit applications on your behalf.

Was this guide helpful?

Did you find out-of-date information?

Did you find out-of-date information?

No account needed. We don't ask for personal data.