Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 601 - Organization & Structure › Chapter 1 - General Provision › Rule 30-601-1.5 - Declaratory Opinion

Current through June 25, 2024
1. Scope. These
				rules set forth the CMRS Boards rules governing the form and content of
				requests for declaratory opinions, and the CMRS Boards procedures regarding the
				requests, as required by Section
				25-43-2.103,
				Mississippi Code of 1972, as amended. 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.
2. Persons Who
				May Request Declaratory Opinions. Any person with a substantial interest in the
				subject matter may request a declaratory opinion from the CMRS 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 CMRS Boards administration of the laws within its primary jurisdiction.
				Primary jurisdiction of the agency means the agency has a constitutional or
				statutory grant of authority in the subject matter at issue.
3. Subjects Which May Be Addressed In
				Declaratory Opinions. The CMRS Board will issue declaratory opinions regarding
				the applicability to specified facts of: (1) a statute administered or
				enforceable by the CMRS Board or (2) a rule promulgated by the CMRS Board. The
				CMRS Board will not issue a declaratory opinion regarding a statute or rule
				which is outside the primary jurisdiction of the agency.
4. Circumstances in which Declaratory
				Opinions Will Not Be Issued. The CMRS 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
				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 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 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
				CMRS Board or any of their officers or employees in any litigation which is
				pending or may reasonably be expected to arise; and
p) the question involves eligibility for a
				license, permit, certificate or other approval by the CMRS 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.