exhaustion of administrative remedies

exhaustion of administrative remedies
/agzostyan av sdminsstratav remadiyz/ This doctrine requires that where an administrative remedy is provided by statute, relief must first be sought by exhausting such remedies before the courts will act. McKart v. U. S., 395 U.S. 185, 89 S.Ct. 1657, 23 L.Ed.2d 194. The doctrine requires the party to use all available agency administrative procedures before resorting to courts for relief and requires that a party not only initially raise the issue in the administrative forum, but requires party to proceed through the entire proceeding to a final decision on the merits of the entire controversy. McHugh v. County of Santa Cruz, 33 C.A.3d 533, 109 Cal.Rptr. 149, 153.
See also primary jurisdiction

Black's law dictionary. . 1990.

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  • exhaustion of administrative remedies — /agzostyan av sdminsstratav remadiyz/ This doctrine requires that where an administrative remedy is provided by statute, relief must first be sought by exhausting such remedies before the courts will act. McKart v. U. S., 395 U.S. 185, 89 S.Ct.… …   Black's law dictionary

  • administrative exhaustion — See exhaustion of administrative remedies …   Black's law dictionary

  • administrative exhaustion — See exhaustion of administrative remedies …   Black's law dictionary

  • exhaustion of remedies — exhaustion of remedies: a doctrine of civil and criminal procedure: a remedy cannot be sought in another forum (as a federal district court) until the remedies or claims have been exhausted in the forum having original jurisdiction (as a state… …   Law dictionary

  • Exhaustion of remedies — The doctrine of exhaustion of remedies prevents a litigant from seeking a remedy in a new court or jurisdiction until all claims or remedies have been exhausted (pursued as fully as possible) in the original one. The doctrine was originally… …   Wikipedia

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  • exhaust — ex·haust vt: to use up or consume entirely: as a: to try all of (available remedies) the applicant has exhaust ed the remedies available in the court of the State U.S. Code b: to bring (a claim) through all available prior levels of review each… …   Law dictionary

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