Statute · California Government Code

Cal. Gov't Code § 11465.20 — Declaratory Decision

Cal. Gov't Code § 11465.20

Type
Statute
Source
California Government Code
Jurisdiction
California
Date
1996-01-01
Current through
Nov 2, 2026 (California Legislative Counsel)

(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.

Citator

Cal. Gov't Code § 11465.20 — Declaratory Decision is in force in the current edition of the Code, and nothing recorded condemns it.

(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.