3 Miss. Code. R. 3-02-105

Current through December 10, 2024
Section 3-3-02-105 - Office of the Attorney General's Response
1. Within forty-five (45) days after the receipt of a request for a declaratory opinion which complies with the requirements of these rules, the Office of the Attorney General 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 or a written statement declining to issue a declaratory opinion, by a specified time but not later than ninety (90) days after receipt of the written request.
2. The forty-five (45) day period shall begin on the first State of Mississippi business day that the request is received by the Office of the Attorney General.
3. 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 Office of the Attorney General 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.

3 Miss. Code. R. 3-02-105