Chapter 21-6 Exclusive Jurisdiction Lying with Agency
Jurisdiction | United States |
21-6 Exclusive Jurisdiction Lying with Agency
Where a statute grants an agency exclusive jurisdiction over a claim or cause of action, the district court is without jurisdiction of the cause.52 Where the agency is granted original, but not exclusive, jurisdiction over a claim or cause of action, the doctrine of primary jurisdiction determines whether the case will be heard in a court or in the agency, but the trial court is not deprived of subject matter jurisdiction when the agency is granted only original jurisdiction rather than original and...
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