30 Miss. Code. R. 2830-3.1 - Position Statement

Any person substantially affected by a statute, rule or order may petition the board for a declaratory ruling/position statement with respect to the validity of a rule or the applicability to any person, property or state of facts of any rule or statute enforceable by it or with respect to the meaning and scope of any order of the board.

A. The petition shall be in writing and shall include:

1) The name and address of the petitioner.

2) A statement of facts sufficient to show that the person seeking relief is substantially affected by the rule.

3) The rule, statute or order and the specific facts upon which an opinion is requested.

B. Each request will be forwarded to the appropriate division of the board's office. A written response will be provided to each request in accordance with statutory requirements.

C. Circumstances in which rulings shall not be issued include but are not necessarily limited to:

1) Lack of jurisdiction.

2) Lack of clarity of the issue presented.

3) No clear answer determinable.

4) Litigation has been filed or prosecution has begun.

Notes

30 Miss. Code. R. 2830-3.1

Miss. Code Ann. § 73-15-17 (1972, as amended).