Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1001 - Rules and Regulations of the Mississippi Board of Registration for Foresters › Chapter 3 - Declaratory Opinions › Rule 30-1001-3.7 - Reasons for Refusal of Declaratory Opinion Request

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:
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 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 provided 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 or constitutional 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. The request
				has not been made in good faith,
R.
				The request is harassing in nature,
S. A similar request is pending before this
				agency, or another agency, or a proceeding is pending on the same subject
				matter before an agency, administrative or judicial tribunal, or
T. The question involves eligibility for
				registration, a license, permit, certificate or other approval by the Board or
				another Agency, Board or Commission, and there is a statutory or regulatory
				application process by which eligibility for said registration, license,
				permit, or certificate or other approval may be determined.
Miss. Code
				  Ann.§
										25-43-2.103(2)