Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 2 - Administrative Rules › Chapter 03 - Procedure For Issuing Declaratory Opinion › Circumstances In Which Declaratory Opinions Will Not Be Issued › Section 2-1-2-03-103

Current through June 25, 2024
The Department 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 concerning the question
					 presented;
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 an 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
					 required by these rules or the requestor failed to follow the procedure set
					 forth in these rules;
6. the
					 request seeks to resolve issues that 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;
7. no controversy exists concerning the
					 issue, as the requestor is not faced with existing facts or those certain to
					 arise that 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. no clear answer is
					 determinable;
11. the question
					 presented by the request involves the application of a criminal statute or a
					 set of facts that may constitute a crime;
12. the answer to the question presented
					 would require the disclosure of information that is privileged or otherwise
					 protected by law from disclosure;
13. the question is currently the subject of
					 an Attorney General's opinion request or has been answered by an Attorney
					 General's opinion;
14. a similar
					 request is pending before this Department 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.
15. where issuance
					 of a declaratory opinion may adversely affect the interests of the State, the
					 Department 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 Department 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.
						§
												25-43-2.103
						(Rev. 2006).