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Consent and Waiver of Jurisdiction

An administrative agency cannot enlarge its own jurisdiction. ¬†Jurisdiction cannot be conferred upon the agency by parties before it.¬† Deviations from an agency’s statutorily established sphere of action cannot be upheld based upon an agreement, contract, or consent of the parties.[i] ¬†Parties cannot confer subject matter jurisdiction upon a judicial tribunal by either acquiescence or consent, nor may subject matter jurisdiction be created by waiver, estoppel, consent, or conduct of the parties.[ii]

[i] Gulf American Corp. v. Florida Land Sales Board, 206 So. 2d 457 (Fla. Dist. Ct. App. 2d Dist. 1968)

[ii] Rice v. Adam, 254 Neb. 219 (Neb. 1998)


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