Subjects Which May be Addressed in Declaratory Opinions

Subjects Which May be Addressed in Declaratory Opinions. A. The MTCB will issue declaratory opinions regarding the applicability to specified facts of: 1. A statue administered or enforceable by the MTCB, 2. A rule promulgated by the MTCB, or 3. An order issued by the MTCB. B. The MCTB will not issue a declaratory opinion regarding a statute, rule or order which is beyond the primary jurisdiction of the MTCB. C. “Primary jurisdiction of the agency” means: 1. The agency has a constitutional grant of authority in the subject matter, 2. The agency has a statutory grant of authority in the subject matter, 3. The agency has issued specific regulations impacting on the subject matter, or 4. The agency has issued a specific order or orders impacting on the subject matter.