· 11/9/1982
State Tax Commission v. Administrative Hearing Commission
Citations
- 641 S.W.2d 69
- 1982 Mo. LEXIS 414
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- administrative actions taken without subject matter jurisdiction, such as order purporting to give declaratory judgment, are void
- administrative actions taken without subject matter jurisdiction, such as order purporting to give declaratory judgment, are void
- the power to declare an administrative rule invalid is a purely judicial function and cannot be delegated to an administrative agency
- “The declaration of the validity or invalidity of statutes and administrative rules thus is purely a judicial function.”
- separation of powers “prevent[s] the abuses that can flow from centralization of power”
Source: CourtListener parenthetical corpus (CC0).
Judges: Welliver, Donnelly, Rendlen, Seiler, Higgins, Morgan, Gunn, Billings
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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