Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 401 - Mississippi Auctioneer Commission General Rules › Chapter 2 - Public Procedures › Rule 30-401-2.4 - Declaratory Opinions

Current through June 25, 2024
(a)
Scope.
These rules set forth the Mississippi Auctioneer Commission's
				hereinafter "Commission", rules governing the form and content of requests for
				declaratory opinions, and the Commission'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 the Commission by following the specified procedures. "Substantial
				interest in the subject matter" means: an individual, business, group or other
				entity that is directly affected by the Commission's administration of the laws
				within its primary jurisdiction. "Primary jurisdiction of the agency" means the
				agency has a constitutional or statutory grant of authority in the subject
				matter at issue.
(c)
Subjects
				Which May Be Addressed in Declaratory Opinions.
The Commission will issue declaratory opinions regard the
				  applicability to specified facts of (1) a statute administered ore enforceable
				  by the Commission or (2) a rule promulgated by the Commission. The Commission
				  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.
The 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 necessary limited to:
(1) lack of clarity concerning the question
				presented;
(2) 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;
(3) the statute 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;
(4) the facts presented in the request are
				not sufficient to answer the question presented;
(5) the request fails to contain information
				required by these rules or the requestor failed to follow the procedure set
				forth in these rules;
(6) 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;
(7) 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 statue or
				rule;
(8) the question presented by
				the request concerns the legal validity of a statute or rule;
(9) 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;
(10) no clear answer is
				determinable;
(11) the question
				presented by the request involves the application of a criminal statue or a set
				of facts which may constitute a crime;
(12) the answer to the question presented
				would require the disclosure of information which is privileged or otherwise
				protected by law from disclosure;
(13) the question is currently the subject of
				an Attorney General's opinion request or has been answered by an Attorney
				General's opinion;
(14) 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.
(15) Where
				issuance of a declaratory opinion may adversely affect the interests of the
				State, the Commission or any of their officers or employees in any litigation
				which is pending or may reasonably be expected to arise;
(16) The question involves eligibility for a
				license, permit, certificate or other approval by the Commission 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.