Circumstances in Which Declaratory Opinions will not be Issued

Circumstances in Which Declaratory Opinions will not be Issued. The DFA may, for good cause, refuse to issue a declaratory opinion. The circumstances in which declaratory opinions will not be issued include, but are limited to: (a) lack of clarity concerning the question presented; (b) pending or anticipated litigation, administrative action, or any other adjudication which might either answer the question or make an answer unnecessary; (c) The statute or rule on which a declaratory opinion is sought is clear and does not need interpreting to answer the question. (d) The facts provided are not sufficient to answer the question presented. (e) The request fails to contain required information. (f) The requestor either lacks substantial interest or the issue is outside the primary jurisdiction of the requesting agency. (g) The requestor is not substantially affected by the statute or rule on which the opinion is sought. (h) The requestor is not faced with an issue that requires an answer to be forthcoming. (i) The question concerns the legal validity of a statute or rule. (j) The request is not intended to aid in future conduct, but instead is intended to primarily justify past conduct. (k) No clear answer is determinable. (l) The question involves the application of a criminal statute or a set of facts which may constitute a crime. (m) The answer to the question requires disclosure of information which is protected by law from such disclosure. (n) The question is currently the subject of an Attorney General’s opinion or has been already answered in writing by the Attorney General. (o) A similar request is pending elsewhere, whereby a written DFA opinion might constitute the unauthorized practice of law. (p) Issuance of an opinion may affect the interests of the State, its officers, and employees in pending or anticipated litigation. (q) The question involves eligibility for a license, permit, or other approval and there is statutory or regulatory process by which eligibility would be determined.