Cal. Code Regs. tit. 1 § 1276

Current through Register 2024 Notice Reg. No. 49, December 6, 2024

Section 1276 - Agency Notice of Declaratory Decision Proceeding

(a) 45 Day Notice Required Before Issuing a Declaratory Decision. Within 60 days of receipt of an application and at least 45 days before a hearing is held in a Declaratory Decision Proceeding or, when no hearing is held, at least 45 days before issuing a Declaratory Decision, the Agency shall serve on the Applicant and any other party and shall mail notice of the Declaratory Decision Proceeding to the following:

(1) every Person who has requested notice under Regulation 1278 of this Article or who has a known interest in the subject matter of the Declaratory Decision Proceeding;

(2) every Person who the Agency believes may be entitled to party status or intervenor status;

(3) every Person who is identified by the Applicant as an interested party under Regulation 1264 herein;

(4) every Person to whom notice is required by any provision of law; and

(5) any other Person within the Agency's discretion. In making a decision to notify other Persons concerning its intent to issue a Declaratory Decision, the Agency may consider such factors as:

(A) whether additional public participation would aid in reaching a decision;

(B) whether the property or personal rights of such other Persons might be directly affected by the requested ruling; and

(C) whether the proposed Declaratory Decision would affect the application or interpretation of other rules, orders, statutes, or final administrative decisions on matters within the primary jurisdiction of the Agency in which other Persons would be interested.

(b) Method of the Required Notice. This notice shall be by any method reasonably calculated to give notice to interested persons of such matters, and may include Agency newsletters to specific classes of licensees, the California Regulatory Notice Register, or first class mail.

(c) Contents of the Required Notice. The Agency's notice of its intent to hold a hearing or issue a Declaratory Decision, whether mailed or published, shall state:

(1) whether the Agency intends to make the decision a Precedential Decision, pursuant to Government Code section 11425.60;

(2) the subject matter of the application, including any pertinent facts;

(3) the Agency contact person and the time period for accepting comments, protest or requests for full party status;

(4) the opportunity to file comments concerning the subject matter of the application, pursuant to Regulation 1280;

(5) the right to protest the issuance of a Declaratory Decision, pursuant to Regulation 1280; and,

(6) the opportunity of a Person directly affected by the outcome of the Declaratory Decision to request the Agency accord such Person the status of a party or an intervenor in the Declaratory Decision Proceeding, pursuant to Regulation 1282.

(d) Model Agency Notice of Intent to Issue Declaratory Decision.

NOTICE OF DECLARATORY DECISION PROCEEDING

Agency Name/Address/Phone

An application for a Declaratory Decision has been received by this Agency, and an initial determination to proceed has been made. This application is, in essence, a request for a clarification of laws, rules, or regulations to a particular given fact situation.

This Agency has decided that this Declaratory Decision will/will not be a Precedential Decision and will have binding effect on....

You are receiving this notice because it has been determined that you may have an interest in the application of law to the particular situation set out in the application.

The subject matter of this application concerns....

The Agency may deny the application without reaching a decision. Reasons for denying or proceeding with the application may be found in 1 California Code of Regulations 1260 et. seq. You may request a copy of these regulations from the Agency. The Agency contact person for this matter is: __________

You have the right to file comments in accordance with those regulations, to express your opinion to the Agency before a final determination has been made. You may also view the application and any other comments received by this Agency under the Public Records Act.

You have the right to protest such proceedings in order to exercise different procedural rights in another type of adjudicatory proceeding to which you may be entitled.

You have the right to request full party status if you feel that the decision should be binding as to your rights as well as the Applicant's.

Your comments, protest, or requests for full party status must be received by the Agency contact person by __________ or will be considered waived.

It is this Agency's option whether to hold a hearing or to issue a Decision without a hearing.

A hearing has been scheduled on __________ to be held at __________. If the Agency grants you party status, you may make an oral presentation at the hearing of no more than __________ minutes, pursuant to Regulation 1 CCR 1284(b). A written summary of your oral presentation must be submitted at the hearing.

The Agency has decided, in its decision, not to hold a hearing.

A Decision will be issued on __________.

If you have further questions or wish to review other comments received, please contact the Agency contact person.

Cal. Code Regs. Tit. 1, § 1276

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: Sections 11465.20, 11465.30 and 11465.50, 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 section and Note, filed 12-21-98; operative 1-1-99 pursuant to Government Code section 11343.4(d) (Register 98, No. 52).