California Code of Regulations
Title 1 - General Provisions
Division 2 - Office of Administrative Hearings
Chapter 3 - Agency Alternatives to Formal Hearings-Alternative Dispute Resolution
Article 4 - Model Regulations for Declaratory Decisions
Section 1260 - Definitions
Current through Register 2024 Notice Reg. No. 12, March 22, 2024
(a) Agency. An "Agency" is any board, bureau, commission, department, division, office, officer, or other administrative unit, including the agency head, and one or more members of the agency head or agency employees or other persons directly or indirectly acting on behalf of or under the authority of the agency head.
(b) Applicant. An "Applicant" is any Person who files with an Agency an application for a Declaratory Decision.
(c) Declaratory Decision. A "Declaratory Decision" is a written opinion containing a statement of undisputed or assumed facts and a determination of issues relating to the application of a state agency rule, regulation, order, statute, or administrative decision as it applies to a Situation in which the Agency has primary jurisdiction.
(d) Declaratory Decision Proceeding. A "Declaratory Decision Proceeding" is a quasi-adjudicative proceeding to provide an inexpensive and expeditious means for Persons to obtain information as to applicability of Agency administered law to the persons particular circumstances.
(e) Person. "Person" includes an individual, partnership, corporation, governmental subdivision or unit of a governmental subdivision, or public or private organization or entity of any character having an interest in the application of a rule, order, statute, or administrative decision in a particular Situation. "Person" includes the Applicant, and any intervenors or parties determined in Regulation 1282.
(f) Situation. A "Situation" is any undisputed set of facts, actual or hypothetical, to which a rule, order, statute, or administrative decision might apply.
1. New
section filed 6-24-97; operative 7-1-97 (Register 97, No. 26). This interim
regulation is exempt from most of the procedural requirements of the
Administrative Procedure Act (specifically, from Articles 5 and 6 of Chapter
3.5, Division 3, Title 2, Government Code) and from review by the Office of
Administrative Law pursuant to Government Code sections
11400.20
and
11400.21
and will expire on December 31, 1998, unless earlier terminated or replaced by,
or readopted as, permanent following the procedures of the Administrative
Procedure Act.
2. Adoption as a permanent regulation, including new
article 4 heading, amendment of subsections (c) and (e) and amendment of NOTE,
filed 12-21-98; operative 1-1-99 pursuant to Government Code section
11343.4(d)
(Register 98, No. 52).
Note: Authority cited: Sections 11370.5(b) and 11465.70, Government Code. Reference: Sections 11342, 11465.10, 11405.30, 11405.40 and 11405.70, Government Code; Title 1, California Code of Regulations, Section 121(c).
