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California · Through 2026-09-13

GOV § 11465.20

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Where this section sits in the code
  1. Government Code - GOV
  2. TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000. - 22980.]
  3. DIVISION 3. EXECUTIVE DEPARTMENT [11000. - 15990.3.]
  4. PART 1. STATE DEPARTMENTS AND AGENCIES [11000. - 11908.]
  5. CHAPTER 4.5. Administrative Adjudication: General Provisions [11400. - 11475.70.]
  6. ARTICLE 14. Declaratory Decision [11465.10. - 11465.70.]

(a) A person may apply to an agency for a declaratory decision as to the applicability to specified circumstances of a statute, regulation, or decision within the primary jurisdiction of the agency.

(b) The agency in its discretion may issue a declaratory decision in response to the application. The agency shall not issue a declaratory decision if any of the following applies:

(1) Issuance of the decision would be contrary to a regulation adopted under this article.

(2) The decision would substantially prejudice the rights of a person who would be a necessary party and who does not consent in writing to the determination of the matter by a declaratory decision proceeding.

(3) The decision involves a matter that is the subject of pending administrative or judicial proceedings.

(c) An application for a declaratory decision is not required for exhaustion of the applicant’s administrative remedies for purposes of judicial review.

Collected 2026-09-14T05:56:33Z. Source file · JSON

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