§ 11.2.1.4.1 Exemptions From A.R.S. § 12-348.

• Jurisdiction: Arizona

§ 11.2.1.4.1 Exemptions From A.R.S. § 12-348. A.R.S. § 12-348 does not apply to proceedings involving eminent domain, foreclosure or collection of judgment debts. See A.R.S. § 12-348(H)(4); City of Mesa v. Smith Co. 169 Ariz. 42, 46, 816 P.2d 939, 943 (App. 1991) (fees not recoverable even though city lacked authority to condemn); Nationwide Mut. Ins. Co. v. Ariz. Health Care Cost Containment Sys., 166 Ariz. 514, 518-19, 803 P.2d 925, 929-30 (App. 1990) (fees not recoverable despite finding that agency had no lien against insurer). An agency that contests claims in an in rem proceeding can be liable for fees under A.R.S. § 12-348(A)(1). See Estate of Walton, 164 Ariz. 498, 500, 794 P.2d 131, 133 (department of revenue’s act of contesting heirs’ claim in probate proceeding constituted “civil action brought by the state” under A.R.S. § 12-348(A)(1)).

Under A.R.S. § 12-348(H)(1), administrative agencies are exempt from liability for fees on review of proceedings in which they were acting in a quasi-judicial role to determine the eligibility or entitlement of an individual to a monetary benefit or its equivalent, to adjudicate a dispute or issue between private parties, or to establish or fix a rate. The exemption for rate cases applies to appeals pursuant to A.R.S. § 40-254.01 from Arizona Corporation Commission rulings. However, when the agency’s role in adjudicating private disputes is ancillary to its regulatory...