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 exclusive jurisdic-tion.⁵³

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Notes:

^[52] In re Accident Fund Gen. Ins. Co., 543 S.W.3d 750, 752 (Tex. 2017) (holding that the Division of Workers' Compensation has exclusive jurisdiction over statutory and tort claims that the bona fide worker process was used to fabricate grounds for terminating employment, saying "[w]hen an agency has exclusive jurisdiction and the plaintiff has not exhausted administrative remedies, the trial court lacks subject-matter jurisdiction and must dismiss any claim within the agency's exclusive jurisdiction."); Subaru v. David McDavid Nissan, 84 S.W.3d 212 (Tex. 2002).

^[53] Subaru v. David McDavid Nissan, 84 S.W.3d 212 (Tex. 2002).