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Section 204 of the Model State Administrative Procedure Act (MSAPA) describes a Declaratory Order device, at least partly inspired by the mechanism available under the
Section 204 of the Model State Administrative Procedure Act (MSAPA) describes a Declaratory Order device, at least partly inspired by the mechanism available under the law of Hawaii. 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. Please answer the following questions:
- What are the goals MSAPA seeks to advance through the Declaratory Order device?
- What formal or informal mechanisms exist at the federal level that may help advance comparable goals?
- Should Congress enact legislation establishing the Declaratory Order device in federal agencies? Why or why not?
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