39 Miss. Code. R. 1-24-109

Current through December 10, 2024

Section 39-1-24-109 - Time for Commission's Response and Notification

1. Response To

Within forty-five (45) days after the receipt of a written request for a declaratory opinion which complies with the requirements of these rules, the Commission shall, in writing:

a. Issue an opinion declaring the applicability of the specified statute, rule, or order to the specified circumstances;

b. Decline to issue a declaratory opinion, stating the reasons for its action; or

c. Agree to issue a declaratory opinion by a specified time but no later than ninety (90) days after receipt of the written request.

2. Method of Delivery of Response

The Commission shall promptly mail a copy of all opinions issued in response to a written request for a declaratory opinion to the requesting person.

3. When Period Begins to Run

The forty-five (45) day period shall begin running on the first State of Mississippi business day that the request is received in the office of the Executive Secretary of the Commission.

4. Opinion Not Final for Sixty Days

A declaratory opinion shall not become final until the expiration of sixty (60) days after the issuance of the opinion. Prior to the expiration of sixty (60) days, the Commission may, in its discretion, withdraw or amend the declaratory opinion for any reason which is not arbitrary or capricious. Reasons for withdrawing or amending an opinion include, but are not limited to, a determination that the request failed to meet the requirements of these rules or that the opinion issued contains a legal or factual error.

39 Miss. Code. R. 1-24-109