Section 21 Exhaustion of Administrative Remedies
Library | Administrative Law 2011 |
The general principle that mandamus is not available in a contested case before an administrative body because administrative procedures must be exhausted is a cornerstone
of Missouri administrative law. State ex rel. Dodson v. McNeal, 552 S.W.2d 34, 36 (Mo. App. E.D. 1977). Section 536.100, now RSMo Supp. 2010, provides that “[a]ny person who has exhausted all administrative remedies provided by law and who is aggrieved by a final decision in a contested case . . . shall be entitled
to judicial review thereof.” See Begshaw v. City of Independence, 41 S.W.3d 500, 503 (Mo. App. W.D. 2000). Section 536.100 does not allow judicial review of an administrative decision when the party filing for review has not exhausted all of the administrative remedies available to that party. Id.
The doctrine of exhaustion of administrative remedies requires that, when a remedy before an administrative agency is provided, relief must be sought by exhausting this remedy before the courts will act. Sperry Corp. v. Wiles, 695 S.W.2d 471, 472 (Mo. banc 1985). The purpose of requiring a party to exhaust administrative remedies is to prevent premature interference with agency processes so that the agency may:
function efficiently;
have an opportunity to correct its own errors;
afford the parties and the courts the benefit of agency expertise; and
compile a record adequate for judicial review.
Shelton v. Farr, 996 S.W.2d 541, 543 (Mo. App. W.D. 1999). Exhaustion of administrative remedies ‘“requires that a party seek all available remedies at the administrative level...
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- Section 1 Introduction
- Section 2 Purpose of Writ of Prohibition
- Section 3 Criteria for Application of Writ of Prohibition
- Section 4 Agency Actions in Excess of or Without Jurisdiction
- Section 5 Lack of Adequate Remedy at Law by Way of Appeal
- Section 6 Limitations on Judicial Review of Administrative Action by Prohibition
- Section 7 Exhaustion of Administrative Remedies
- Section 8 Standing
- Section 9 Justiciable Controversy
- Section 10 Jurisdiction and Venue
- Section 11 Pleadings, Record, and Briefs
- Section 12 Judgment
- Section 13 Review of Judgment and Standard of Review
- Section 14 Purpose of Writ of Mandamus
- Section 15 Criteria for Application of Writ of Mandamus
- Section 16 Clear, Existing, Unconditional Legal Right in Relator
- Section 17 Corresponding, Present, Imperative, Unconditional Duty of Respondent to Perform Requested Act
- Section 18 No Adequate Alternative Remedy
- Section 19 Enforcement and Control of Administrative Action by Mandamus
- Section 20 Mandamus Unavailable to Control Exercise of Lawful Agency Discretion
- Section 21 Exhaustion of Administrative Remedies
- Section 22 Standing
- Section 23 Jurisdiction
- Section 24 Pleadings, Record, and Briefs
- Section 25 Review of Judgment and Standard of Review
- Section 26 Statutory Mandamus and Prohibition
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