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 1280 - Right to Dissent or Submit Written Comments to the Agency; Availability of Comments

Universal Citation: 1 CA Code of Regs 1280

Current through Register 2024 Notice Reg. No. 12, March 22, 2024

(a) A Person who does not consent to a Declaratory Decision Proceeding shall submit a protest or dissent in writing within 25 days of the date of the notice specified in Regulations 1270 or 1276. Failure to dissent within this time period shall be deemed a waiver.

(b) All Persons receiving notice of the Declaratory Decision Proceeding, including all members of the public responding to a published notice of the Declaratory Decision Proceeding, may submit written comments to the Agency concerning the Declaratory Decision Proceeding within 25 days of the notice in Regulations 1270 or 1276 or a specified by the Agency.

(c) Written comments shall be directed to the Agency head or Agency contact person, shall be signed by the Person filing the comment or by his attorney or other representative, if any, and shall contain the name and telephone number of the Person filing the comment or his attorney or other representative. Written comments shall be delivered personally or by mail.

(d) The Agency shall provide copies of all written comments to the Applicant and to other parties to the proceeding. Other interested persons requesting copies of the comments may be charged reasonable duplication fees by the Agency.

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 subsection (c) 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 11405.40 and 11465.20, Government Code.

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