(Download) "Collins V. State" by Arizona Court of Appeals " Book PDF Kindle ePub Free
eBook details
- Title: Collins V. State
- Author : Arizona Court of Appeals
- Release Date : January 24, 1990
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 55 KB
Description
Appellant, an unlicensed consumer lender, appeals from the dismissal of his complaint challenging the jurisdiction of the superintendent of banks (the superintendent) over him in assessing penalties against him under the Consumer Loan Act, contained in A.R.S. § 6-601 et seq. The trial court dismissed appellant's complaint for failure to exhaust administrative remedies before seeking review with the trial court. The first issue on appeal is whether appellant's appeal to the trial court actually set forth a challenge to the superintendent's jurisdiction or whether it really contained only an assertion of legal error since, pursuant to A.R.S. § 12-902(B), a jurisdictional challenge may be judicially reviewed without first seeking administrative review, but an assertion of legal error may not be judicially reviewed without first seeking administrative review. The second issue on appeal is, if appellant has raised a jurisdictional challenge, whether the superintendent did in fact have jurisdiction over appellant to issue punitive orders against him. We conclude that appellant did raise a valid jurisdictional challenge, and that the superintendent did have jurisdiction over appellant to issue punitive orders against him. We therefore affirm the trial court's dismissal of appellant's complaint.
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