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Focus (Forum & Focus)

May 2, 2009

Battling Exhaustion

Courts have differed on the doctrine of "exhaustion of administrative remedies," writes Michael Paul Thomas.

FOCUS COLUMN

By Michael Paul Thomas

The doctrine of "exhaustion of administrative remedies" requires a party to utilize all available administrative procedures for relief and to proceed to a final decision on the merits before the appropriate administrative agency before resorting to the courts.

The California Supreme Court has repeatedly stated that with limited exceptions, when an adequate administrative remedy is provided by statute, re...

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