40 Miss. Code. R. 1-5.4 - Circumstances Under Which Declaratory Opinions Will Not Be Issued

The MDWFP 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. lack of clarity concerning the question presented;

B. 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;

C. the statute or rule upon which a declaratory opinion is sought is clear and not in need of interpretation to answer the question presented by the request;

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 or rule on 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 or rule;

H. the question presented by the request concerns the legal validity of a statute or rule;

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 sets 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 General's opinion request or has been answered by an Attorney General's opinion;

N. a similar request is pending before this agency or any other agency or a proceeding is pending on the same subject matter before any agency, administrative or judicial tribunal, or where such a opinion would constitute the unauthorized practice of law;

O. where issuance of a declaratory opinion may adversely affect the interests of the State, the MDWFP 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 MDWFP 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.

Notes

40 Miss. Code. R. 1-5.4

Miss. Code Ann. §§ 25-43-2.103(2), 49-1-29, and 49-4-4.