What is the general rule on exhausting administrative remedies before seeking judicial review?

What is the general rule on exhausting administrative remedies before seeking judicial review?

• A. Exhaustion is only required for agency appeals, not judicial review.
• B. Exhaustion applies only to agency proceedings, not to court review.
• C. A party must exhaust available administrative remedies; review is generally barred until exhaustion, subject to narrow exceptions.
• D. A party may seek judicial review without exhausting remedies.

Answer: (C)

Exhausting administrative remedies before seeking judicial review is required. Courts use the agency’s internal processes first to correct errors, develop the factual record, and ensure consistency in administration. Because of this, review is generally barred until those remedies have been pursued, giving the agency an opportunity to address the issue and possibly remedy its own decision. There are narrow exceptions, though. A court may hear a challenge without waiting if pursuing the administrative remedy would be futile or ineffective, if the agency lacks authority to grant the requested relief, or if there is no adequate administrative remedy available. In those limited situations, immediate judicial review is permissible.

Exhausting administrative remedies before seeking judicial review is required. Courts use the agency’s internal processes first to correct errors, develop the factual record, and ensure consistency in administration. Because of this, review is generally barred until those remedies have been pursued, giving the agency an opportunity to address the issue and possibly remedy its own decision.

There are narrow exceptions, though. A court may hear a challenge without waiting if pursuing the administrative remedy would be futile or ineffective, if the agency lacks authority to grant the requested relief, or if there is no adequate administrative remedy available. In those limited situations, immediate judicial review is permissible.