Administrative Law

Exhaustion of Remedies

Quick Answer

What does "Exhaustion of Remedies" mean in law?

A doctrine requiring that a party pursue all available administrative remedies before seeking judicial review of an agency action. The rationale is threefold: it allows the agency to correct its own errors, it ensures that courts receive the benefit of agency expertise and a fully developed record, and it respects the agency's autonomy within its delegated sphere. Under the APA, exhaustion is generally required only when explicitly mandated by statute (Darby v. Cisneros, 1993), though judicially created exhaustion requirements may apply in specific contexts. Exceptions exist for futility, irreparable harm, or where the agency clearly lacks authority.

Definition

A doctrine requiring that a party pursue all available administrative remedies before seeking judicial review of an agency action. The rationale is threefold: it allows the agency to correct its own errors, it ensures that courts receive the benefit of agency expertise and a fully developed record, and it respects the agency's autonomy within its delegated sphere. Under the APA, exhaustion is generally required only when explicitly mandated by statute (Darby v. Cisneros, 1993), though judicially created exhaustion requirements may apply in specific contexts. Exceptions exist for futility, irreparable harm, or where the agency clearly lacks authority.

Example

A disability claimant who disagreed with the Social Security Administration's initial denial had to first request reconsideration and then a hearing before an ALJ before filing suit in federal court.

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