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ENERGY CONTROL SERVICES, INC. v. ARIZ. DEPT. OF ECON. SEC.

No. 1 CA-UB 280.

135 Ariz. 20 (1982)

658 P.2d 820

ENERGY CONTROL SERVICES, INC., Appellant, v. ARIZONA DEPARTMENT OF ECONOMIC SECURITY, an agency, Appellee.

Court of Appeals of Arizona, Division 1, Department C.

Rehearing Denied December 22, 1982.

Review Denied January 18, 1983.

Attorney(s) appearing for the Case

Fogel & Lamber, P.A. by Dennis M. Lamer, Phoenix, for appellant.

Robert K. Corbin, Atty. Gen. by James A. Tucker, Asst. Atty. Gen., Phoenix, for Arizona Dept. of Economic Sec.

OPINION

BROOKS, Judge.

Two questions are raised in this appeal from a decision of the Unemployment Insurance Appeals Board of the Arizona Department of Economic Security:

1) Whether the Arizona Department of Economic Security exceeded its rulemaking authority in excluding, by regulation, "fixtures" from the definition of "consumer goods" as that term is used in A.R.S. § 23-617.22 (Supp. 1981). ...

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