A. The MSBRPG may, for good cause, refuse to
issue a declaratory opinion.
Without limiting the generality of the foregoing, the
circumstances in which declaratory opinions will not be issued include, but are
not necessarily limited to:
1. The
matter is outside the jurisdiction of the MSBRPG;
2. Lack of clarity concerning the question
presented;
4. There is pending or
anticipated litigation, administrative action, or other adjudication;
5. 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;
6. The facts presented in the request are not
sufficient to answer the question presented;
7. The request fails to contain information
required by these rules or the requestor failed to follow the procedure set
forth in these rules;
8. 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,
statue or order on which a declaratory opinion is sought;
9. 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;
10. The question presented
by the request concerns the legal or constitutional validity of a statute, rule
or order;
11. The requestor has not
suffered an injury or threatened injury fairly traceable to the application of
the statute, rule or order;
12. No
clear answer is determinable;
13.
The question presented by the request involves the application of a criminal
statute or sets for 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;
16. The question has been answered by an
Attorney General's opinion;
17. The
request is not made in good faith; or
18. The request is harassing in nature or for
any other unlawful purposes.
B. A declaratory opinion will not be issued
where 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 an opinion would constitute
the unauthorized practice of law.
C. A declaratory opinion will not be issued
if it may adversely affect the interests of the State, the MSBRPG or any of
their officers or employees in any litigation which is pending or may
reasonably be expected to arise.
D.
A declaratory opinion shall not be binding or effective for any third party or
person other than the MSBRPG and the person to whom the opinion is issued and
shall not be used as precedent for any other transaction or occurrence beyond
that set forth by the requesting person.
E. Where a request for a declaratory opinion
involves a question of law, the MSBRPG may refer the matter to the State
Attorney General.
Miss. Code Ann. §
25-43-2.103;
§
73-63-17(a)
