La. Admin. Code tit. 33 § I-1121

Current through Register Vol. 50, No. 9, September 20, 2024

Section I-1121 - Circumstances in Which Declaratory Rulings May Not Be Issued

A. Circumstances in which declaratory rulings may not be issued include, but are not necessarily limited to:

1. lack of jurisdiction;

2. lack of clarity concerning the question presented;

3. the existence of pending or imminent litigation or administrative action or adjudication that may either answer the question presented by the petition or otherwise make an answer unnecessary;

4. the petition involves a subject, question, or issue that is the subject of a formal or informal matter or investigation currently pending before the department, a court, or other government agency;

5. the statute, rule, or order on which a declaratory ruling is sought is clear and not in need of interpretation to answer the question presented by the petition;

6. the facts presented in the petition are not sufficient to answer the question presented;

7. the petition fails to contain any of the information required by LAC 33:I.1117 or 1137;

8. the petitioner is not aggrieved by the rule or statute on which a declaratory ruling is sought;

9. the petition seeks a ruling on a moot or hypothetical question or will result in an advisory ruling or opinion; or

10. the question presented by the petition concerns the validity or constitutionality of a statute.

La. Admin. Code tit. 33, § I-1121

Promulgated by the Department of Environmental Quality, Office of the Secretary, LR 23:1143 (September 1997).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2050.10.