Arizona Revised Statutes
Ariz. Rev. Stat. § 23-106 (2026)
Capacity to sue and be sued; service of summons on commission
✓ current as of May 2026
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A. The commission may, in its name, sue and be sued.
B. Service of summons or other process on any member of the commission, or on the secretary thereof, shall be deemed service on the commission.
Notes of Decisions
Cited in 5
cases (1 in the last 5 years), 1964–2023 · leading case: McKee v. State, 388 P.3d 14 (Ariz. Ct. App. 2016).
McKee v. State, 388 P.3d 14 (Ariz. Ct. App. 2016). “As a result, the State Forestry Division is a nonjural entity. ¶ 30 Additionally, the notice of claim statute does not, as Appellant contends, contain language suggesting its purpose is to confer the power to sue and be sued on a nonjural entity.”
Indus. Comm'n v. Holohan, 397 P.2d 624 (Ariz. 1964). “155685 now pending in the Superior Court of Maricopa County, Arizona; that in the complaint on file in said action the Industrial Commission of Arizona seeks to recover from defendant moneys allegedly paid to one Charles Sullivan for accident benefits and compensation pursuant…”
Goodrich v. Indus. Comm'n, 477 P.2d 276 (Ariz. Ct. App. 1970). “We are concerned here with a very narrow question and that is, after a claim filed with the Industrial Commission has been found to be compensable, does the Commission, prior to determination of the amount of compensation, have the jurisdiction and authority to authorize a…”
Rubio v. Maricopa co/sentry (Ariz. Ct. App. 2020). “Under A.R.S. § 23-106(I), Rubio’s reopened claim was required to be processed as a new claim.”
Boyd v. State (Ariz. Ct. App. 2023). “§§ 11-531 through -539 with A.R.S. § 23-106(A) (“The [industrial] commission may, in its name, sue and be sued.”
— Ariz. Rev. Stat. § 23-106(A) — 2 cases
McKee v. State, 388 P.3d 14 (Ariz. Ct. App. 2016). “As a result, the State Forestry Division is a nonjural entity. ¶ 30 Additionally, the notice of claim statute does not, as Appellant contends, contain language suggesting its purpose is to confer the power to sue and be sued on a nonjural entity.”
Boyd v. State (Ariz. Ct. App. 2023). “§§ 11-531 through -539 with A.R.S. § 23-106(A) (“The [industrial] commission may, in its name, sue and be sued.”
— Ariz. Rev. Stat. § 23-106(I) — 1 case
Rubio v. Maricopa co/sentry (Ariz. Ct. App. 2020). “Under A.R.S. § 23-106(I), Rubio’s reopened claim was required to be processed as a new claim.”
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