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 1292 - Judicial Review of a Declaratory Decision
Current through Register 2024 Notice Reg. No. 12, March 22, 2024
(a) An Agency's refusal or failure to issue a Declaratory Decision is not subject to judicial review.
(b) A Declaratory Decision is subject to judicial review in the same manner as the Agency's final decision or order in a contested adjudicative proceeding.
(c) Nothing in this regulation authorizes judicial review without exhaustion of other applicable administrative remedies, if any.
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 subsections (b) and (c) 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: Section 11465.20 and 11465.60, Government Code.
