21 Miss. Code. R. 301-4.6 - Form of the Request for a Declaratory Opinion

A. Written Requests Required. Each request must be printed or typewritten, or must be in legible handwriting. Each request must be submitted on standard business letter-size paper (8-1/2 inches by 11 inches). Requests may be in the form of a letter addressed to the MTCB or in the form of a pleading as might be addressed to a court.

B. Where to Send Request. All requests must be mailed or delivered to the MTCB Administrator. The request and its envelope shall clearly state that it is a request for a declaratory opinion. Oral and telephone requests are unacceptable.

C. Name, Address and Signature of Requestor. Each request must include the full name, telephone number, and mailing address of the requestor. All requests shall be signed by the person filing the request, unless represented by an attorney, in which case the attorney may sign the request. The signing party shall attest that the request complies with the requirements set forth in these rules, including but not limited to a full, complete, and accurate statement of relevant facts and that there are no related proceedings pending before any agency, administrative or judicial tribunal.

D. Single transaction. A request must be limited to a single transaction or occurrence.

E. Question Presented. Each request shall contain the following:

1. A clear identification of the statute, rule, or order at issue;

2. A concise statement of the issue or question presented for the declaratory opinion;

3. A full, complete, and accurate statement of all facts relevant to a resolution of the question presented;

4. The identity of all other known persons involved in or impacted by the factual situation causing the request including their relationship to the facts; their name, mailing address and telephone number;

5. A statement sufficient to show that the person seeking relief is substantially affected by the rule.

F. The terms of the proposed opinion suggested by the requestor may be submitted with the request or may be requested by the agency;

G. Memorandum of Authorities. A request may contain an argument by the requestor in support terms of the proposed opinion suggested by the requestor. The argument may be submitted in the form of a memorandum of authorities, containing a full discussion of the reasons, including any legal authorities, in support of such position of the requestor. The agency may request that argument and memorandum of authorities be submitted by any interested party.

Notes

21 Miss. Code. R. 301-4.6

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