CALIFORNIA STATUTES AND CODES
SECTIONS 11465.10-11465.70
GOVERNMENT CODE
SECTION 11465.10-11465.70
11465.10. Subject to the limitations in this article, an agency may
conduct an adjudicative proceeding under the declaratory decision
procedure provided in this article.
11465.20. (a) A person may apply to an agency for a declaratory
decision as to the applicability to specified circumstances of a
statute, regulation, or decision within the primary jurisdiction of
the agency.
(b) The agency in its discretion may issue a declaratory decision
in response to the application. The agency shall not issue a
declaratory decision if any of the following applies:
(1) Issuance of the decision would be contrary to a regulation
adopted under this article.
(2) The decision would substantially prejudice the rights of a
person who would be a necessary party and who does not consent in
writing to the determination of the matter by a declaratory decision
proceeding.
(3) The decision involves a matter that is the subject of pending
administrative or judicial proceedings.
(c) An application for a declaratory decision is not required for
exhaustion of the applicant's administrative remedies for purposes of
judicial review.
11465.30. Within 30 days after receipt of an application for a
declaratory decision, an agency shall give notice of the application
to all persons to which notice of an adjudicative proceeding is
otherwise required, and may give notice to any other person.
11465.40. The provisions of a formal, informal, or other applicable
hearing procedure do not apply to an agency proceeding for a
declaratory decision except to the extent provided in this article or
to the extent the agency so provides by regulation or order.
11465.50. (a) Within 60 days after receipt of an application for a
declaratory decision, an agency shall do one of the following, in
writing:
(1) Issue a decision declaring the applicability of the statute,
regulation, or decision in question to the specified circumstances.
(2) Set the matter for specified proceedings.
(3) Agree to issue a declaratory decision by a specified time.
(4) Decline to issue a declaratory decision, stating in writing
the reasons for its action. Agency action under this paragraph is not
subject to judicial review.
(b) A copy of the agency's action under subdivision (a) shall be
served promptly on the applicant and any other party.
(c) If an agency has not taken action under subdivision (a) within
60 days after receipt of an application for a declaratory decision,
the agency is considered to have declined to issue a declaratory
decision on the matter.
11465.60. (a) A declaratory decision shall contain the names of all
parties to the proceeding, the particular facts on which it is
based, and the reasons for its conclusion.
(b) A declaratory decision has the same status and binding effect
as any other decision issued by the agency in an adjudicative
proceeding.
11465.70. (a) The Office of Administrative Hearings shall adopt and
promulgate model regulations under this article that are consistent
with the public interest and with the general policy of this article
to facilitate and encourage agency issuance of reliable advice. The
model regulations shall provide for all of the following:
(1) A description of the classes of circumstances in which an
agency will not issue a declaratory decision.
(2) The form, contents, and filing of an application for a
declaratory decision.
(3) The procedural rights of a person in relation to an
application.
(4) The disposition of an application.
(b) The regulations adopted by the Office of Administrative
Hearings under this article apply in an adjudicative proceeding
unless an agency adopts its own regulations to govern declaratory
decisions of the agency.
(c) This article does not apply in an adjudicative proceeding to
the extent an agency by regulation provides inconsistent rules or
provides that this article is not applicable in a proceeding of the
agency.
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