Rule 5-4-3.4 - Circumstances in which Declaratory Opinions will not be issuedThe DBCF may, for good cause, refuse to issue a declaratory opinion. The circumstances in which declaratory opinions will not be issued include, but are not necessarily limited to:
1. The matter is outside the primary jurisdiction of the DBCF;2. Lack of clarity concerning the question presented;3. There is pending or anticipated litigation, 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 procedure 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 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;11. No clear answer is determinable;12. The question presented by the request involves the application of a criminal statute or sets forth facts which may constitute a crime;13. The answer to the question presented would require the disclosure of information which is privileged or otherwise protected by law from disclosure;14. The question is currently the subject of an Attorney General's opinion request; or,15. The question has been answered by an Attorney General's opinion. Additionally, 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.
A declaratory opinion will not be issued if it may adversely affect the interests of the State, the DBCF, or any of their officers or employees in any litigation which is pending or may reasonably be expected to arise. Where a request for a declaratory opinion involves a question of law, the DBCF may refer the matter to the State Attorney General.
Moreover, a declaratory opinion will not be issued where the question involves eligibility for a license, permit, certificate or other approval by the DBCF or some other agency and there is a statutory or regulatory application process by which eligibility for said license, permit, or certificate or other approval may be determined.
Miss. Code Ann. § 25-43-2.105 (Rev. 2005)