Mississippi Administrative Code › Title 31 - Public Safety › Part 403 - MEDICAL EXAMINER DECLARATORY OPINIONS ADMINISTRATIVE CODE › Chapter 1 - Declaratory Opinions › Rule 31-403-1.8 - Reasons for Refusal of Declaratory Opinions Request

Current through June 25, 2024
The State Medical Examiner 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 State Medical Examiner;
2. Lack of clarity concerning the question
				presented;
3. 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;
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 or is certain to
				arise which raises 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;
15. The question has been answered by an
				Attorney General's opinion;
16.
				One or more requestors have standing to seek an Attorney General's Opinion on
				the proffered question;
17. 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; or
18. The question involves eligibility for a
				license, permit, certificate or other approval by the State Medical Examiner 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 2006) .