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 1290 - The Effect of a Declaratory Decision

A Declaratory Decision binds the Agency, the Applicant, and any other parties to the Proceeding to the determination of issues reached in the Declaratory Decision. Pursuant to Government Code section 11425.60, a Declaratory Decision may be given precedential effect, if the agency so designates. Nothing shall prevent the Agency from prospectively changing a Declaratory Decision by regulation or by subsequent Declaratory Decision.

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: Section 11425.60 and 11465.60, Government Code.