(a) Within 60 days after receipt of an application for a declaratory decision, an agency shall do one of the following, in writing: (1) Issue a decision declaring the applicability of the statute, regulation, or decision in question to the specified circumstances. (2) Set the matter for specified proceedings. (3) Agree to issue a declaratory decision by a specified time. (4) Decline to issue a declaratory decision, stating in writing the reasons for its action. Agency action under this paragraph is not subject to judicial review. (b) A copy of the agencyâs action under subdivision (a) shall be served promptly on the applicant and any other party. (c) If an agency has not taken action under subdivision (a) within 60 days after receipt of an application for a declaratory decision, the agency is considered to have declined to issue a declaratory decision on the matter.
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