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. 28, July 12, 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).