Reference no: EM133263001

Topic: Exhaustion Doctrine

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 is permitted to seek judicial review of agency action, an agency must be given an opportunity to correct its own errors.

Your textbook outlined five commonly raised reasons why the doctrine of exhaustion is necessary:

1. Agencies learn by correcting their own mistakes.

2. Exhaustion promotes and preserves agency autonomy and independence.

3. Judicial economy is promoted by permitting an agency to make a complete record.

4. Judicial economy is further promoted by allowing an agency, and not a court, to make findings.

5. By limiting a party's appeal to the courts, exhaustion encourages cooperation and communication between agencies and the party.

Applying the concept of the doctrine of exhaustion of administrative remedies, answer the following questions:

1. Why does the doctrine exist?

2. Do you believe the doctrine helps or hinders individuals in resolving disputes with administrative agencies?

3. Do any exceptions exist? If so, do you agree or disagree with the exceptions?