Hearing report of less importance? No, not in our opinion
The Division agreed to have the digital report of the hearing fleshed out in more detail while proceedings were underway only after the appellant requested the report, but does that satisfy the purpose of drafting a report?
It is after all important to have a written record of what happened during a hearing, among other things in connection with proceedings that might be brought at a later point in time against the decision issued on an objection. Given the decision of the Administrative Jurisdiction Division of the Dutch Council of State dated 12 June 1997, JB 1997/188, it is logical that the report be sent to the interested parties no later than at the same time as the contested decision.
This is because if the hearing report is sent to the interested parties before the contested decision is issued, they are afforded the opportunity to inform the administrative body in question as to whether or not – in the opinion of the parties concerned – the report contains an accurate reflection of the hearing.
In terms of a careful preparation, that will often be given preference, since in that case the administrative body will be able to take into account any comments when it issues a decision on the notice of objection. In this connection, read the decision issued by the Administrative Jurisdiction Division of the Dutch Council of State.