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 1276 - Agency Notice of Declaratory Decision Proceeding
Current through Register 2024 Notice Reg. No. 12, March 22, 2024
(a) 45 Day Notice Required Before Issuing a Declaratory Decision. Within 60 days of receipt of an application and at least 45 days before a hearing is held in a Declaratory Decision Proceeding or, when no hearing is held, at least 45 days before issuing a Declaratory Decision, the Agency shall serve on the Applicant and any other party and shall mail notice of the Declaratory Decision Proceeding to the following:
(b) Method of the Required Notice. This notice shall be by any method reasonably calculated to give notice to interested persons of such matters, and may include Agency newsletters to specific classes of licensees, the California Regulatory Notice Register, or first class mail.
(c) Contents of the Required Notice. The Agency's notice of its intent to hold a hearing or issue a Declaratory Decision, whether mailed or published, shall state:
(d) Model Agency Notice of Intent to Issue Declaratory Decision.
NOTICE OF DECLARATORY DECISION PROCEEDING
Agency Name/Address/Phone
An application for a Declaratory Decision has been received by this Agency, and an initial determination to proceed has been made. This application is, in essence, a request for a clarification of laws, rules, or regulations to a particular given fact situation.
This Agency has decided that this Declaratory Decision will/will not be a Precedential Decision and will have binding effect on....
You are receiving this notice because it has been determined that you may have an interest in the application of law to the particular situation set out in the application.
The subject matter of this application concerns....
The Agency may deny the application without reaching a decision. Reasons for denying or proceeding with the application may be found in 1 California Code of Regulations 1260 et. seq. You may request a copy of these regulations from the Agency. The Agency contact person for this matter is: __________
You have the right to file comments in accordance with those regulations, to express your opinion to the Agency before a final determination has been made. You may also view the application and any other comments received by this Agency under the Public Records Act.
You have the right to protest such proceedings in order to exercise different procedural rights in another type of adjudicatory proceeding to which you may be entitled.
You have the right to request full party status if you feel that the decision should be binding as to your rights as well as the Applicant's.
Your comments, protest, or requests for full party status must be received by the Agency contact person by __________ or will be considered waived.
It is this Agency's option whether to hold a hearing or to issue a Decision without a hearing.
A hearing has been scheduled on __________ to be held at __________. If the Agency grants you party status, you may make an oral presentation at the hearing of no more than __________ minutes, pursuant to Regulation 1 CCR 1284(b). A written summary of your oral presentation must be submitted at the hearing.
The Agency has decided, in its decision, not to hold a hearing.
A Decision will be issued on __________.
If you have further questions or wish to review other comments received, please contact the Agency contact person.
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
amendment of section and 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 11465.20, 11465.30 and 11465.50, Government Code.