Mississippi Administrative Code › Title 16 - History, Humanities and Arts › Part 140 - RULE MAKING › Chapter 1 - Introduction - Declaratory Opinions › Rule 16-140.1.1 - Requests for Declaratory Opinions

Current through June 25, 2024
A. Scope of Rules.
				These sections set forth the Library Commissions rules governing the form and
				content of requests for declaratory opinions, and the Library Commissions
				procedures regarding the requests, as required by §
									25-43-2.103
				of the
Mississippi Code of 1972, Annotated.
B. Requestors. Any person with a substantial
				interest in the subject matter may make a written request for a declaratory
				opinion by following the specified procedures. Substantial interest in the
				subject matter means that the interest must be direct, immediate, and not
				remote in consequence. A substantial interest is one which surpasses the common
				interest of all citizens.
C.
				Matters Addressed. A declaratory opinion is intended to clarify a statute or
				rule or interpret how the statute or rule would apply in a particular
				situation. The Board may issue declaratory opinions regarding subject matters
				which are within the primary jurisdiction of the Library Commission. Subject
				matters within the primary jurisdiction of the Library Commission include the
				applicability of specified facts to a statute administered or enforced by the
				Library Commission or a rule promulgated by the Library Commission.
D. Matters Not Addressed: Circumstances in
				Which Declaratory Opinions Will Not Be Issued. The Board may, for good cause,
				refuse to issue a declaratory opinion. Without limiting the generality of the
				foregoing, the circumstances in which declaratory opinions will not be issued
				include, but are not necessarily limited to:
1. Matter is outside primary jurisdiction of
				Library Commission.
2. Lack of
				clarity concerning question presented.
3. Pending or anticipated litigation,
				administrative action, or other adjudication before an agency, administrative
				tribunal, or court which may either answer question presented or otherwise make
				answer unnecessary.
4. Statute,
				rule, or order on which a declaratory opinion is sought is clear and not in
				need of interpretation to answer question presented.
5. Facts presented in request are not
				sufficient to answer question presented.
6. Request fails to contain information
				required by rules or requestor failed to follow procedure set forth in
				rules.
7. Request seeks to resolve
				issues which have become moot, or are abstract or hypothetical such that
				requestor is not substantially affected by rule, statute or order on which
				declaratory opinion is sought.
8.
				No controversy exists concerning issue as requestor is not faced with existing
				facts or those certain to raise question concerning application of statute,
				rule, or order.
9. Question
				presented by request concerns legal validity of statute, rule, or
				order.
10. Requestor has not
				suffered injury or threatened injury fairly traceable to application of
				statute, rule, or order.
11. No
				clear answer is determinable.
12.
				Question presented involves application of criminal statute or facts which may
				constitute crime.
13. Answer to
				question presented would require disclosure of information which is privileged
				or otherwise protected by law from disclosure.
14. Question presented is subject of pending
				or issued Attorney Generals opinion request.
15. Such opinion would constitute
				unauthorized practice of law.
16.
				Such opinion may adversely affect interests of State, Library Commission, or
				officers or employees in any litigation which pending or may reasonably be
				expected to arise.