Question
The doctrine of exhaustion of administrative remedies is the principle that administrative remedies must be pursued and exhausted before judicial review is available. Specifically, before
The doctrine of exhaustion of administrative remedies is the principle that administrative remedies must be pursued and exhausted before judicial review is available. Specifically, before a party will be permitted to seek judicial review of an agency action, an agency must be given an opportunity to correct its own errors.
There are five commonly raised reasons as to why the doctrine of exhaustion is necessary. First, agencies learn by correcting their own mistakes. Second, exhaustion promotes and preserves agency autonomy and independence. Third, judicial economy is promoted by permitting an agency to make a complete record. Fourth, judicial economy is further promoted by allowing an agency, and not a court, to make findings. Fifth, by limiting a parties appeal to the courts, exhaustion encourages cooperation and communication between agencies and party.
With application of the concept of the doctrine of exhaustion of administrative remedies, Why does the doctrine exist? Do you believe the doctrine helps or hinders, individuals in resolving disputes with administrative agencies? Do any exceptions exist? If so, do you agree, or disagree with the exceptions?
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