§ 31.3.2.1.3 Capacity To Be Sued.

• Jurisdiction: Arizona

§ 31.3.2.1.3 Capacity To Be Sued. A potential question is whether the agency whose action is being reviewed can be named as an appellee and served or whether the individual officers of the agency must be named and served. As a general principle, an agency can be sued in its own name only if a statute grants it the capacity to be sued as an entity. There is case authority holding, without reference to A.R.S. § 12-908, that an agency need not be named and served where the agency has not been granted the...