Mississippi Administrative Code › Title 3 - Office of the Attorney General › Part 3 - Procedure for Oral Proceedings on Rulemaking and Procedure for Issuing Declaratory Opinions › Chapter 02 - Procedure for Issuing Declaratory Opinions › Section 3-3-02-103 - Circumstances In Which Declaratory Opinions Will Not Be Issued

Current through June 25, 2024
The Office of the Attorney General may, for good cause,
				  refuse to issue a declaratory opinion. The circumstances in which declaratory
				  opinions will not be issued include, but are not limited to:
1. the matter is outside the primary
				jurisdiction of the Office of the Attorney General;
2. lack of clarity concerning the question
				presented;
3. 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;
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 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, rule, or
				order;
9. the question presented by
				the request concerns the legal validity of a statute, rule or order;
10. the request if 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 Generals opinion request or has been answered by an Attorney
				Generals opinion;
15. a similar
				request is pending before the Office of the Attorney General, 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;
16. where issuance of a declaratory opinion
				may adversely affect the interests of the State, the Office of the Attorney
				General, or any of their officers or employees in any litigation which is
				pending or may reasonably be expected to arise;
17. where a request for a declaratory opinion
				involves a question of law, the Office of the Attorney General may refer the
				matter to the Opinions Division of the Office of Attorney General; or
18. where the question involves eligibility
				for a license, permit, certificate or other approval by the Office of the
				Attorney General 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.