Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 1 - Administrative Regulations › Chapter 5 - Mississippi Environmental Quality Permit Board: Regulations Regarding Administrative Procedures Pursuant to the Mississippi Administrative Procedures Act (Adopted November 8, 2005, Amended April 10, 2018) › Rule 11-1-5.9 - Circumstances In Which Declaratory Opinions Will Not Be Issued

Current through June 25, 2024
The Department on behalf of the Permit 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. lack of clarity
				concerning the question presented or situations in which the facts presented in
				the request are not sufficient to answer the question presented;
B. pending or anticipated litigation,
				administrative action, or other adjudication or decision making which either
				may answer the question presented by the request or otherwise make an answer
				unnecessary;
C. requests that fail
				to contain information required by these rules or in which the requestor failed
				to follow the procedures set forth in these rules;
D. issues which have become moot, or are
				abstract or hypothetical such that the requestor is not substantially affected
				by the application of the statute or rule;
E. issues in which no present controversy
				exists, meaning that 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;
F. questions
				concerning the legal validity of a statute or rule;
G. requests not based upon facts calculated
				to aid in the planning of future conduct, but rather, adjudication of the
				correctness of past conduct or efforts to establish the effect of that
				conduct;
H. questions involving the
				application of a criminal statute or sets of facts that may constitute a
				crime;
I. questions the answer to
				which would require disclosure of information which is privileged or otherwise
				protected from disclosure by law;
J. questions that are known to be currently
				the subject of an Attorney General's opinion request or which already have been
				answered by an Attorney General's opinion;
K. questions on which a similar request is
				pending before the Permit Board, or concerning which a proceeding is known to
				be pending on the same subject matter before any agency, administrative or
				judicial tribunal;
L. questions
				where issuance of a declaratory opinion may adversely affect the interests of
				the State, the Permit Board, or any of its officers or employees in any
				litigation pending or which reasonably may be expected to arise;
M. questions that involve eligibility for a
				license, permit, certificate, or other approval by the Permit Board, or some
				other agency, where there is a statutory or regulatory application process by
				which eligibility for said license, permit, certificate, or other approval
				would be determined; or
N. requests
				not directed to the Executive Director of the Department.
Miss. Code Ann.
				  §§
										25-43-2.103,
				  25-43-1.101,
				  et seq., 49-17-28, 49-17-29, and 49-17-1, et
				  seq..