![[Home]](/wiki.gif)
Exhaustion Of Administrative Remedies DoctrineExhaustion Of Administrative Remedies Doctrine
| |
| The Bush Survival Guide - 250 Ways to Make It Through The NExt Four Years Without Misunderestimating the Dangers Ahead, and Other Subliminable Stategeries |
|
Links:
| |
It is settled law in both state and federal court that judicial review of agency decisions is foreclosed if the aggrieved party failed to "exhaust it’s administrative remedies" by raising its objections to the agency’s proposed decision in appropriate proceedings prior to the agency’s ruling. This doctrine requires that the aggrieved party avail itself of all available opportunities to raise and document its concerns with responsible agency officials or tribunals in a timely manner before the agency’s final decision. In some cases, this means that an administrative appeal must be filed with a department or review body within or superior to the agency where a procedure for review and correction of agency error is provided.
Even where no formal administrative appeal procedure is prescribed, courts generally expect that parties adversely affected by an agency ruling (assuming they had adequate notice of the agency’s proposed action) should have raised their concerns with appropriate agency officials in a good faith effort to persuade them to alter or reverse their intended course of action. Failure to comply with this fundamental precept of administrative law usually results in a refusal by the courts to consider the merits of the aggrieved party’s challenge to the agency’s decision. Typically, the party’s lawsuit is dismissed with prejudice, and the party is ordered to pay the litigation costs of the defending agency (and occasionally, of other parties who have an interest in defending the agency’s decision, such as a developer whose land use permit has been challenged).
|
Interested in Patent Trolls?