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Loss or Termination of Jurisdiction

If the basic jurisdictional facts provided in a statute turn out to be unsupported, an administrative agency’s jurisdiction may be lost.[i]  However, a failure to exercise jurisdiction does not result in its loss, even though it indicates a practical construction that the power does not exist [ii]

An administrative tribunal vested with jurisdiction of a matter does not lose jurisdiction by:

  • not giving sufficient weight to evidence, or
  • by rejecting proper evidence, or
  • by admitting that is improper.[iii]

Moreover, jurisdiction is not divested by an error of judgment in reaching the result.[iv]

[i] Federal Trade Commission v. Raladam Co., 283 U.S. 643, 51 S. Ct. 587, 75 L. Ed. 1324, 79 A.L.R. 1191 (1931).

[ii] U.S. v. Morton Salt Co., 338 U.S. 632, 70 S. Ct. 357, 94 L. Ed. 401 (1950).

[iii] Fowler v. Young, 77 Ohio App. 20, 32 Ohio Op. 298, 65 N.E.2d 399 (7th Dist. Mahoning County 1945).

[iv] Callanan Road Imp. Co. v. U.S., 345 U.S. 507, 73 S. Ct. 803, 97 L. Ed. 1206 (1953).

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