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Liability of Administrative Agencies

The nature of an administrative officer’s duty determines if s/he is entitled to immunity from personal liability.  Where public officials are acting within the scope of their duties and exercising a discretionary power, courts are not warranted in interfering unless fraud or corruption is shown, or the power or discretion is being manifestly abused to the oppression of a citizen.  When acting in relation to matters committed to their control or supervision, administrative agencies and their officers are immune from civil liability for the consequences of their acts.  The rule of immunity applies despite the fact that the officer may have acted maliciously or corruptly.[i] 

[i] Industrial Commission v. Superior Court In and For Pima County, 5 Ariz. App. 100, 423 P.2d 375 (1967).

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