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California Code, Government Code - GOV § 11465.20

Current as of January 01, 2025 | Updated by Findlaw Staff

(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.

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Cite this article: FindLaw.com - California Code, Government Code - GOV § 11465.20 - last updated January 01, 2025 | https://codes.findlaw.com/ca/government-code/gov-sect-11465-20/

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