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Section 204 of the Model State Administrative Procedure Act (MSAPA) describes a Declaratory Order device, that provides that in its sound discretion, an agency may

Section 204 of the Model State Administrative Procedure Act (MSAPA) describes a Declaratory Order device, that provides that in its sound discretion, an agency may issue a declaratory order aimed at terminating a controversy or removing an uncertainty. The federal government and most states do not have this device but often have formal or informal arrangements that may achieve similar goals to greater or lesser extent. Florida is one of few other states that have this device.

Should Congress enact legislation establishing the Declaratory Order device in federal agencies? Why or why not?

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