5 MAC Pt. 4, R. 3.9
Agency Response
Cite as 5 Miss. Admin. Code Pt. 4, R. 3.9
Agency Response. Written agency opinions prepared in response to this rule may be issued
by the Commissioner, or with her authorization, by the Deputy Commissioner, or by the director
of the division responsible for implementation of the statute, rule or order. Within forty-five (45)
days after the receipt of a request for a declaratory opinion which complies with the requirements
of these rules, the DBCF shall, in writing:
1. issue an opinion declaring the applicability of the specified statute, rule, or order to the
specified circumstances;
2. decline to issue a declaratory opinion, stating the reasons for its action; or
3. agree to issue a declaratory opinion or a written statement declining to issue a
declaratory opinion, by a specified time but no later than ninety (90) days after receipt of
the written request.
The forty-five (45) day period shall begin on the first State of Mississippi business day that the
request is received by the DBCF.