39 Miss. Code. R. 1-24-103

Current through December 10, 2024

Section 39-1-24-103 - Circumstances in which Declaratory Opinions May Not Be Issued

The Commission may, for good cause, refuse to issue a declaratory opinion. Without limiting the generality of the foregoing, the circumstances in which declaratory opinions may not be issued include, but are not necessarily limited to:

1. Lack of jurisdiction;

2. Lack of sufficient clarity of the issues presented;

3. Pending or anticipated litigation, prosecution, administrative action, or other adjudication which may either answer the question presented by the request or otherwise make an answer unnecessary;

4. 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;

5. The facts presented in the request are not sufficient to answer the question presented;

6. The request fails to contain information required by these rules or the requestor failed to follow the procedures set forth in these rules;

7. 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;

8. 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, rule, or order;

9. The question presented by the request concerns the legal validity of a statute, rule or order;

10. The requestor has not suffered an injury or threatened injury fairly traceable to the application of the statute, rule or order;

11. 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;

12. No clear answer is determinable;

13. The question presented by the request involves the application of a criminal statute or sets of facts which may constitute a crime;

14. The answer to the question presented would require the disclosure of information which is privileged or otherwise protected by law from disclosure;

15. The question is currently the subject of an Attorney General's opinion request or has been answered by an Attorney General's opinion;

16. The request is speculative or purely hypothetical and does not involve an actual situation;

17. The request is frivolous;

18. Where such opinion may adversely affect the interests of the State, the Commission, or any of their officers or employees in any litigation which is pending or may reasonably be expected to arise;

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

20. The request raises issues involving certification or rate matters as there exists a statutory or regulatory process by which certification and rate matters are determined; and

21. For other good cause stated by the Commission.

39 Miss. Code. R. 1-24-103