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§ 1292. Judicial Review of a Declaratory Decision.


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 § 1292
§ 1292. Judicial Review of a Declaratory Decision.
(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.
Note: Authority cited: Sections 11370.5(b) and 11465.70, Government Code. Reference: Section 11465.20 and 11465.60, 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 (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).
This database is current through 7/29/22 Register 2022, No. 30
1 CCR § 1292, 1 CA ADC § 1292
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