The right to notice is central to due process. The notice aspect of due process has two prongs. First, an interested person is entitled to notice of what the agency is about to do or, in some instances, what it has already done. This may include the basic facts and charges upon which the agency is going to act. The second prong is notice of the date, time, and location of the hearing. This is also required by the APA.

The second prong is notice of the date, time, and location of the hearing. This is also required by the APA. Notice of a hearing must be timely. Due process does not specifically require a certain period of time; rather, notice must simply be sufficient to allow a person to prepare for the hearing. In some circumstances, an agency may take summary action, usually to protect the public health and safety. In such instances, due process may not require preaction notice or hearing. When this occurs, though, there must be immediate postaction notice and a hearing.