Mississippi Administrative Code › Title 32 - Rehabilitation And Disabilities › Part 101 - Mississippi Industries for the Blind › Chapter 6 - Rules and Procedures › Rule 32-101-6.4 - Declaratory Opinions [required by 25-43-2.103 (2)]

Current through June 25, 2024
A. Scope. These rules set forth the
				Mississippi Industries for the Blind's (hereinafter MIB). "MIB's rules
				governing the form and content of requests for declaratory opinions and MIB's
				procedures regarding the requests, as required by Mississippi Code 25-43-2.103.
				These rules are intended to supplement and be read in conjunction with the
				provisions of the Mississippi Administrative Procedures Law, which may contain
				additional information regarding the issuance of declaratory opinions. In the
				event of any conflict between these rules and the Mississippi Administrative
				Procedures Law, the latter shall govern.
B. Persons Who May Request Declaratory
				Opinions. Any person with a substantial interest in the subject matter may
				request a declaratory opinion from MIB by following the specified procedures.
				"Substantial interest in the subject matter" means; an individual, business,
				group or other entity that is directly affected by MIB's administration of the
				laws within constitutional or statutory grant of authority in the subject
				matter at issue.
C. Subjects Which
				May Be Addressed In Declaratory Opinions. MIB will issue declaratory opinions
				regarding the applicability to specified facts of: (1) a statue administered or
				enforceable by MIB or (2) a rule promulgated by MIB. MIB will not issue a
				declaratory opinion regarding a statue or rule which is outside the primary
				jurisdiction of the agency.
D.
				Circumstances in Which Declaratory Opinions Will Not Be Issued. MIB may, for
				good cause, refuse to issue a declaratory opinion. The circumstances in which
				declaratory opinions will not be issued include, but at not necessarily limited
				to:
a) Lack of clarity concerning the question
				presented
b) There is pending or
				anticipated litigation, administrative action, or other adjudication which may
				either answer the question presented by the request or otherwise make an answer
				unnecessary
c) The statue or rule
				on which a declaratory opinion is sought is clear and not in need of
				interpretation to answer the question presented by the request
d) The facts presented in the request are not
				sufficient to answer the question presented
e) The request fails to contain information
				required by these rules or the requestor failed to follow the procedure set for
				the in these rules
f) 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 statute or rule on
				which a declaratory opinion is sought
g) No controversy exists concerning the issue
				as the requestor is not faced with existing facts or those certain to arise
				which raise a question concerning the application of the statute or
				rule
h) The question presented by
				the request concerns the legal validity of a statue or rule
i) 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
j) No clear answer is determinable
k) The question presented by the request
				involves the application of a criminal statute or a sets of facts which may
				constitute a crime
l) The answer to
				the question presented would require the disclosure of information which is
				privileged or otherwise protected by law from disclosure
m) The question is currently the subject of
				an Attorney General's opinion request or has been answered by Attorney
				General's opinion
n) 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 a opinion would constitute the unauthorized
				practice of law
o) Where issuance
				of a declaratory opinion may adversely affect the interests of the State, MIB
				or any of their officers or employees in any litigation which is pending or may
				reasonably be expected to arise
p)
				The question involves eligibility for a license, permit, certificate or other
				approval by MIB or some other agency, and there is a statutory or regulatory
				application process by which eligibility for said license, permit, certificate
				or other approval would be determined