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...