30 Miss. Code. R. 1001-3.7 - Reasons for Refusal of Declaratory Opinion Request

The Board may, for good cause, refuse to issue a declaratory opinion. The circumstances in which declaratory opinions will not be issued include, but are not necessarily limited to:

A. The matter is outside the primary jurisdiction of the Board,

B. Lack of clarity concerning the question presented,

C. There is pending or anticipated litigation, administrative action or anticipated administrative action, or other adjudication which may either answer the question presented by the request or otherwise make an answer unnecessary,

D. The statute, rule, or order on which a declaratory opinion is sought is clear and not in need of interpretation to answer the question presented by the request,

E. The facts provided in the request are not sufficient to answer the question presented,

F. The request fails to contain information required by these rules or the requestor failed to follow the procedure set forth in these rules,

G. The request seeks to resolve issues which have become moot or are abstract or hypothetical such that the requestor is not substantially affected by the rule, statute, or order on which a declaratory opinion is sought,

H. No controversy exists or is certain to arise which raises a question concerning the application of the statute, rule, or order,

I. The question presented by the request concerns the legal or constitutional validity of a statute, rule, or order,

J. The request is not based upon facts calculated to aid in the planning of future conduct, but is, instead, based on past conduct in an effort to establish the effect of that conduct,

K. No clear answer is determinable,

L. The question presented by the request involves the application of a criminal statute or sets forth facts which may constitute a crime,

M. The answer to the question presented would require the disclosure of information which is privileged or otherwise protected by law from disclosure,

N. The question is currently the subject of an Attorney General's opinion request,

O. The question has been answered by an Attorney General's opinion,

P. One or more requestors have standing to seek an Attorney General's opinion on the proffered question,

Q. The request has not been made in good faith,

R. The request is harassing in nature,

S. A similar request is pending before this agency, or another agency, or a proceeding is pending on the same subject matter before an agency, administrative or judicial tribunal, or

T. The question involves eligibility for registration, a license, permit, certificate or other approval by the Board or another Agency, Board or Commission, and there is a statutory or regulatory application process by which eligibility for said registration, license, permit, or certificate or other approval may be determined.

Notes

30 Miss. Code. R. 1001-3.7

Miss. Code Ann.§ 25-43-2.103(2)

Adopted 7/20/2023