Section 1274 - Denial of Application; Application Denied After Commencement of Declaratory Decision Proceeding(a) A decision not to issue a Declaratory Decision is within the discretion of the Agency. An Agency's failure to take action within 60 days of receipt of an application constitutes non-acceptance of the application.(b) If the Agency determines a Declaratory Decision should not be issued because the application does not involve the validity of any Agency regulation or the application of rules, orders, statutes, or final administrative decisions to a matter within the Agency's primary jurisdiction, the Agency shall, within 60 days of receipt of the application, deny the application.(c) The Agency shall deny the application if, after commencement of a Declaratory Decision Proceeding, the Agency determines that:(1) undisputed facts sufficient to support a meaningful Declaratory Decision do not exist;(2) the subject matter of the application is also the subject of pending administrative or judicial proceedings;(3) no question or issue could arise concerning the application of rules, regulations, orders, statutes, or final administrative decisions on a matters within the primary jurisdiction of the Agency; or(4) any of the factors in Government Code section 11465.20(b) apply.(d) The Agency's denial of an application for a Declaratory Decision shall be in writing and shall state the reasons for denying the application for a Declaratory Decision. Notice of the denial shall be served upon the Applicant and every party and sent to each Person who was given notice of the application under Regulation 1270 or who requested such notice under Regulation 1278.Cal. Code Regs. Tit. 1, § 1274
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), (b), and (c)(3) and amendment of 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 11465.10, 11465.20 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 subsections (a), (b), and (c)(3) and amendment of Note, filed 12-21-98; operative 1-1-99 pursuant to Government Code section 11343.4(d) (Register 98, No. 52).