1. (a) Any Person may file a written application with an Agency requesting the issuance of a Declaratory Decision. An application for a Declaratory Decision shall be directed to the Agency head and shall be delivered personally or by certified mail. An application for a Declaratory Decision shall be signed by the Applicant or by the Applicant's attorney or representative, if any, and shall identify:

   1. (1) the address and telephone number of the Applicant and the address and telephone number of the Applicant's attorney or representative, if any;
   2. (2) a clear and precise statement of the Situation;
   3. (3) the Applicant's standing to raise the issue or interest in the determination of the issue;
   4. (4) the relevant rules, orders, statutes, or final administrative decisions of the Agency and their potential applicability to the Situation described in the application;
   5. (5) the question or questions for which a Declaratory Decision is sought;
   6. (6) whether a hearing is requested; and
   7. (7) a good faith list of all interested Persons by relevant description or by the names, addresses, and phone numbers of such Persons, if available.
2. (b) Model Application for a Declaratory Decision
3. 1. Applicant's Name:

4. 2. Attorney or Representative for Applicant

   Applicant's Address:

   (name, address, phone number):

   Applicant's Phone Number:

5. 3. A Clear and Precise Statement of the Situation:

6. 4. Applicant's Standing to raise the Issue (interest in the determination):

   <What is going on>

   <Why I should be able to ask for a Declaratory Decision>

7. 5. Relevant rules, orders, statutes, regulations, or final administrative decisions of the Agency and their potential applicability to the Situation described above:

8. 6. Question or Questions for which a Declaratory Decision is sought:

   <What law or policy might apply>

   <Exactly what is my question>

9. 7. A good faith list of all Interested Persons (titles, names, contact information):

   <Who would want to know about this>

Note: Authority cited: Sections 11370.5(b) and 11465.70, Government Code. Reference: Section 11465.20, Government Code.

History

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).