Mississippi Administrative Code › Title 39 - UTILITIES › Part 101 - Underground Facilities Damage Prevention Board Rules › Subpart I - Organization, Purpose and Operation of the Board › Chapter 7 - Declaratory Opinions › Rule 39-101-I-7.4

Current through June 25, 2024
The 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:
(1) lack of clarity;
(2) there is pending or anticipated
				  litigation, administrative action, or other adjudication which may either
				  answer the question presented by the request or otherwise make and answer
				  unnecessary;
(3) 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;
(4) the facts presented in the request are
				  not sufficient to answer the question presented;
(5) the request fails to contain information
				  by these rules or the requestor failed to follow the procedure set forth in
				  these rules;
(6) 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 statutes or rule on
				  which a declaratory opinion is sought;
(7) 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;
(8) the question presented by the
				  request concerns the legal validity of a statute or rule;
(9) 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;
(10) clear answer is determinable;
(11) the question presented by the request
				  involves the application of a criminal statute or a set of facts which may
				  constitute a crime;
(12) the
				  answer to the question presented would require the disclosure of information
				  which is privileged or otherwise protected by law from disclosure;
(13) the question is currently the subject of
				  an Attorney General's opinion request which has been answered by an Attorney
				  General's opinion;
(14) a similar
				  request is pending before this Board or any 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;
(15) where issuance of a
				  declaratory opinion may adversely affect the interest of the State, the Board
				  or any of their officers or employees in any litigation which is pending or may
				  reasonably be expected to arise;
(16) the question involves eligibility for a
				  license, permit, certificate, or other approval by the 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.
Miss. Code Ann.
					 §
											25-43-2.105.