Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 701 - Rules of the Mississippi Land, Water & Timber Resources Board › Chapter 04 - Procedure for Requesting Declaratory Opinions › Circumstances In which Declaratory Opinions Will Not Be Issued › Section 2-701-04-103

Current through June 25, 2024
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:
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 that 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 that raise a question concerning the application of the statute 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 statute or a
				  set of facts that may constitute a crime;
12. the answer to the question presented
				  would require the disclosure of information that 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 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;
15. 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;
16. 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.
Miss. Code Ann.
					 §
											25-43-2.105
					 (Rev. 2006).