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§ 1286. Declaratory Decision Proceeding Record.


Barclays Official California Code of Regulations Currentness
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
1 CCR § 1286
§ 1286. Declaratory Decision Proceeding Record.
(a) The Agency shall keep, in accordance with the State Records Management Act (Government Code, Title 2, Division 3, Part 5.5, Chapter 5 (Commencing with Section 14740), a record of each Declaratory Decision Proceeding, which shall include, but not be limited to:
(1) the application for a Declaratory Decision;
(2) all written comments filed with the Agency;
(3) any further stipulations of undisputed facts;
(4) if a hearing is held, a transcript of the hearing or, in the absence of a transcript, the summaries of the oral presentations submitted by each presenter;
(5) any other records, as defined in Government Code Section 14741, considered by the Agency in issuing the Declaratory Decision; and,
(6) the written Declaratory Decision, which shall contain a statement of undisputed facts and a determination of the issues, and the Agency's reason(s) for reaching the determination.
(b) This Declaratory Decision Proceeding record is a public record and shall be available to the public as provided by law. Nothing under this Article requires an Agency to disclose information which would otherwise be considered exempt from public disclosure.
Note: Authority cited: Sections 11370.5(b) and 11465.70, Government Code. Reference: Sections 6250-6268 and 11465.40, Government Code.
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 (a), (a)(5) and (b) and amendment of Note, filed 12-21-98; operative 1-1-99 pursuant to Government Code section 11343.4(d) (Register 98, No. 52).
This database is current through 7/29/22 Register 2022, No. 30
1 CCR § 1286, 1 CA ADC § 1286
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