Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 801 - Administrative Procedure Rules › Chapter 1 - Public Access › Rule 30-801-1.3 - Declaratory Opinions

Current through June 25, 2024
1. Scope. Part 801
				Chapter 1 Rule 1.3 of these Rules is promulgated pursuant to Miss. Code Ann.
				§
									25-43-2.103(2)
				of the Administrative Procedure Law, and is intended to set forth the Boards
				rules governing the form and content of requests for declaratory opinions, and
				the Boards procedures regarding the requests, as required by Mississippi Code
				§
									25-43-2.103.
				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 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 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 Board will issue declaratory opinions regarding the
				applicability to specified facts of: (1) a statute administered or enforceable
				by the Board; or (2) a rule promulgated by the Board; or (3) an order issued by
				the
Board. The 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 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) the matter is outside the primary
				jurisdiction of the Board;
(b) lack
				of clarity concerning the question presented;
(c) there is pending or anticipated
				litigation, administrative action, or other adjudicative proceedings which may
				either answer the question presented by the request or otherwise make an answer
				unnecessary;
(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, rule or order about 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, rule or order;
(h) the question presented by the request
				concerns the legal validity of a statute, rule or order;
(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 Generals opinion request or has been answered by an Attorney
				Generals opinion;
(n) a similar
				request is pending before this agency or another 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;
(o) where issuance
				of a declaratory opinion may adversely affect the interests 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;
(p) 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.