21 Miss. Code. R. 301-4.4 - Subjects Which May be Addressed in Declaratory Opinions

A. The MTCB will issue declaratory opinions regarding the applicability to specified facts of:

1. A statue administered or enforceable by the MTCB,

2. A rule promulgated by the MTCB, or

3. An order issued by the MTCB.

B. The MCTB will not issue a declaratory opinion regarding a statute, rule or order which is beyond the primary jurisdiction of the MTCB.

C. "Primary jurisdiction of the agency" means:

1. The agency has a constitutional grant of authority in the subject matter,

2. The agency has a statutory grant of authority in the subject matter,

3. The agency has issued specific regulations impacting on the subject matter, or

4. The agency has issued a specific order or orders impacting on the subject matter.

Notes

21 Miss. Code. R. 301-4.4

Miss. Code Ann. §§ 25-43-2.103; 11-46-19(q)