Mississippi Administrative Code › Title 36 - Technology › Part 201 - Electronic Recording Commission Rules and Standards › Chapter 3 - Declaratory Opinions › Rule 36-201-3.7 - Reasons for Refusal of Declaratory Opinion Request

Current through June 25, 2024
The Mississippi Electronic Recording Commission 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 Electronic Recording
				Commission;
(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 General's 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; or
(R) The
				question involves eligibility for a license, permit, certificate or other
				approval by the Mississippi Electronic Recording Commission 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).