Mississippi Administrative Code › Title 29 - Prisons And Parole › Part 3 - Public Records › Subpart 1 - Oral Proceedings › Chapter 1 - Rulemaking Oral Proceedings › Subchapter 2 - Policy › Rule 29-3-1-1.2.8 - Reasons for Refusal of Declaratory Opinion Request

Current through June 25, 2024
The Mississippi Department of Corrections 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. The matter is outside
					 the primary jurisdiction of the Mississippi Department of Corrections
B. Lack of clarity concerning the question
					 presented
C. There is pending or
					 anticipated litigation, administrative action or anticipated administrative
					 action, or other adjudication which may either answer the question presented by
					 the request or otherwise make an answer unnecessary
D. 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
E. The facts presented in the request are not
					 sufficient to answer the question presented
F. The request fails to contain information
					 required by these rules or the requestor failed to follow the procedure set
					 forth in these rules
G. 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
H. No controversy exists or is certain to
					 arise which raises a question concerning the application of the statute, rule,
					 or order
I. The question presented
					 by the request concerns the legal validity of a statute, rule, or
					 order;
J. 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
K. No clear answer is
					 determinable;
L. The question
					 presented by the request involves the application of a criminal statute or sets
					 forth facts which may constitute a crime
M. The answer to the question presented would
					 require the disclosure of information which is privileged or otherwise
					 protected by law from disclosure
N.
					 The question is currently the subject of an Attorney General's opinion
					 request
O. The question has been
					 answered by an Attorney General's opinion
P. One or more requestors have standing to
					 seek an Attorney Generals opinion on the proffered question
Q. 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;
R. The question involves eligibility for a
					 license, permit, certificate or other approval by the Mississippi Department of
					 Corrections 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.