21 Miss. Code. R. 301-4.4

Current through December 10, 2024
Rule 21-301-4.4 - Subjects Which May be Addressed in Declaratory Opinions
A. The MTCB will issue declaratory opinions regarding the applicability to specified facts of:
1. A statue administered or enforceable by the MTCB,
2. A rule promulgated by the MTCB, or
3. An order issued by the MTCB.
B. The MCTB will not issue a declaratory opinion regarding a statute, rule or order which is beyond the primary jurisdiction of the MTCB.
C. "Primary jurisdiction of the agency" means:
1. The agency has a constitutional grant of authority in the subject matter,
2. The agency has a statutory grant of authority in the subject matter,
3. The agency has issued specific regulations impacting on the subject matter, or
4. The agency has issued a specific order or orders impacting on the subject matter.

21 Miss. Code. R. 301-4.4

Miss. Code Ann. §§ 25-43-2.103; 11-46-19(q)