Mississippi Administrative Code › Title 40 - Wildlife, Fisheries, and Parks › Part 1 - General Administrative Rules of the Mississippi Commission on Wildlife, Fisheries, and Parks, and the Mississippi Department of Wildlife, Fisheries, and Parks › Chapter 5 - Declaratory Opinions: Procedure for Requesting › Rule 40-1-5.4 - Circumstances Under Which Declaratory Opinions Will Not Be Issued

Current through June 25, 2024
The MDWFP 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
				upon 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
				as 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 sets 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 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 a opinion would constitute the unauthorized
				practice of law;
O. where issuance
				of a declaratory opinion may adversely affect the interests of the State, the
				MDWFP 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 MDWFP 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.
				  §§
										25-43-2.103(2),
				  49-1-29,
				  and
				  49-4-4.