Circumstances In Which Declaratory Opinions Will Not Be Issued

Circumstances In Which Declaratory Opinions Will Not Be Issued. The Department on behalf of the Permit Board 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: A. lack of clarity concerning the question presented or situations in which the facts presented in the request are not sufficient to answer the question presented; B. pending or anticipated litigation, administrative action, or other adjudication or decision making which either may answer the question presented by the request or otherwise make an answer unnecessary; C. requests that fail to contain information required by these rules or in which the requestor failed to follow the procedures set forth in these rules; D. issues which have become moot, or are abstract or hypothetical such that the requestor is not substantially affected by the application of the statute or rule; E. issues in which no present controversy exists, meaning that the requestor is not faced with existing facts or those certain to arise which raise a question concerning the application of the statute or rule; F. questions concerning the legal validity of a statute or rule; G. requests not based upon facts calculated to aid in the planning of future conduct, but rather, adjudication of the correctness of past conduct or efforts to establish the effect of that conduct; H. questions involving the application of a criminal statute or sets of facts that may constitute a crime; I. questions the answer to which would require disclosure of information which is privileged or otherwise protected from disclosure by law; J. questions that are known to be currently the subject of an Attorney General’s opinion request or which already have been answered by an Attorney General’s opinion; K. questions on which a similar request is pending before the Permit Board, or concerning which a proceeding is known to be pending on the same subject matter before any agency, administrative or judicial tribunal; L. questions where issuance of a declaratory opinion may adversely affect the interests of the State, the Permit Board, or any of its officers or employees in any litigation pending or which reasonably may be expected to arise; M. questions that involve eligibility for a license, permit, certificate, or other approval by the Permit Board, or some other agency, where there is a statutory or regulatory application process by which eligibility for said license, permit, certificate, or other approval would be determined; or N. requests not directed to the Executive Director of the Department.