21 MAC Pt. 201, R. 7.2
; Limitations of Opinions
Cite as 21 Miss. Admin. Code Pt. 201, R. 7.2
; Limitations of Opinions. The executive director is hereby authorized to issue written
opinions as set forth in Section 25-4-17, Miss. Code of 1972, and in these rules. The executive
director may issue written opinions, in his discretion, when the circumstances presented by the
requestor are such that awaiting an opinion by the commission
A.
would impose an undue inconvenience upon the requestor or
B.
could result in a violation of law.
The executive director may not issue written opinions regarding past action. Any request for a
written opinion of the executive director must be submitted in writing in a manner which
satisfies the executive director that the person submitting the request is in fact the same person he
or she purports to be and that the person submitting the request is seeking advice on his or her
own behalf or on behalf of another person with that other person’s permission.
A request for a written opinion of the executive director may only be submitted by or on behalf
of a “public servant,” as defined in Section 25-4-103, Miss. Code of 1972, someone who may be
a public servant or someone who is considering candidacy, appointment or employment as a
public servant.
Within ninety-six hours of ratification or rejection of the opinion of the executive director, the
commission’s staff shall transmit written notification to the requestor regarding the nature of the
commission’s action on the opinion. The commission’s staff shall keep a complete, indexed
record of all opinions issued by the executive director.