36 Miss. Code. R. 201-3.7 - Reasons for Refusal of Declaratory Opinion Request

The Mississippi Electronic Recording Commission 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 Mississippi Electronic Recording Commission;

(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 presented 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 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) A similar request is pending before this agency, or any other agency, or a proceeding is pending on the same subject matter before any agency, administrative or judicial tribunal, or where such an opinion would constitute the unauthorized practice of law; or

(R) The question involves eligibility for a license, permit, certificate or other approval by the Mississippi Electronic Recording Commission or some other agency and there is a statutory or regulatory application process by which eligibility for said license, permit, or certificate or other approval may be determined.

Notes

36 Miss. Code. R. 201-3.7

Miss. Code Ann.§ 25-43-2.105 (Rev. 2006).