Mississippi Administrative Code › Title 5 - Banking and Consumer Finance › Part 4 - Organizational Rules › Chapter 3 - Request for Declaratory Opinions › Rule 5-4-3.4 - Circumstances in which Declaratory Opinions will not be issued

Current through June 25, 2024
The DBCF 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:
1. The matter is outside the primary
				jurisdiction of the DBCF;
2. Lack
				of clarity concerning the question presented;
3. 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;
4. 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;
5. The facts presented in the request are not
				sufficient to answer the question presented;
6. The request fails to contain information
				required by these rules or the requestor failed to follow the procedure set
				forth in these rules;
7. 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;
8. 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, rule, or
				order;
9. The question presented by
				the request concerns the legal validity of a statute, rule or order;
10. 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;
11. No clear answer is
				determinable;
12. The question
				presented by the request involves the application of a criminal statute or sets
				forth facts which may constitute a crime;
13. The answer to the question presented
				would require the disclosure of information which is privileged or otherwise
				protected by law from disclosure;
14. The question is currently the subject of
				an Attorney General's opinion request; or,
15. The question has been answered by an
				Attorney General's opinion.
Additionally, a declaratory opinion will not be issued where
				  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.
A declaratory opinion will not be issued if it may adversely
				  affect the interests of the State, the DBCF, or any of their officers or
				  employees in any litigation which is pending or may reasonably be expected to
				  arise. Where a request for a declaratory opinion involves a question of law,
				  the DBCF may refer the matter to the State Attorney General.
Moreover, a declaratory opinion will not be issued where the
				  question involves eligibility for a license, permit, certificate or other
				  approval by the DBCF 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.
Miss. Code Ann. §
				  25-43-2.105 (Rev. 2005)