Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 3101 - Organization and Structure › Chapter 4 - Declaratory Opinions › Rule 30-3101-4.1 - Declaratory Opinions

Current through June 25, 2024
Scope.
These rules set forth the Mississippi
				  State Board of Physical Therapy, hereinafter "[Board]," rules governing the
				  form and content of requests for declaratory opinions, and the Board's
				  procedures regarding the requests, as required by Mississippi Code §
				  25-43-2103 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
1. Persons Who May Request Declaratory
				Opinions. Any person with a substantial interest in the subject matter may
				request a declaratory opinion from the Board 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 Board's
				administration of the laws within its primary jurisdiction. "Primary
				jurisdiction of the Board" means the Board has a constitutional or statutory
				grant of authority in the subject matter at issue.
2. Subjects Which May Be Addressed In
				Declaratory Opinions. The Board will issue declaratory opinions regarding the
				applicability to specified facts of: (1) a statute administered or enforceable
				by the Board or (2) a rule promulgated by the Board. The Board will not issue a
				declaratory opinion regarding a statute or rule which is outside the primary
				jurisdiction of the Board.
3.
				Circumstances In which Declaratory Opinions Will Not Be Issued. The 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;
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
				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;
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
				forth 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
				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 statute 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 set 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 an Attorney
				General's opinion;
n. a similar
				request is pending before this Board 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.
o. where issuance
				of a declaratory opinion may adversely affect the interests of the State, the
				Board 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 the Board 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.