What must a party do before seeking judicial review of administrative agency action?

What must a party do before seeking judicial review of administrative agency action?

• A. Attempt to obtain whatever admin relief might be available first
• B. Immediately file a court petition without delay
• C. Seek relief from a different agency
• D. Wait for a default period of six months

Answer: (A)

Exhaustion of administrative remedies is required before seeking judicial review. Before you can challenge an agency’s action in court, you must pursue all remedies the agency offers—such as internal appeals, reconsiderations, or statutorily mandated review procedures. This gives the agency a chance to correct its decision and develop any needed record without court intervention, and it helps courts avoid premature or duplicative review. Only after those administrative avenues are pursued (or found unavailable or futile) may you seek judicial review, typically through a CPLR Article 78 proceeding or other appropriate action. There are exceptions if pursuing internal relief would be futile or if no adequate administrative remedy exists or if the action is not subject to further agency review.

Exhaustion of administrative remedies is required before seeking judicial review. Before you can challenge an agency’s action in court, you must pursue all remedies the agency offers—such as internal appeals, reconsiderations, or statutorily mandated review procedures. This gives the agency a chance to correct its decision and develop any needed record without court intervention, and it helps courts avoid premature or duplicative review. Only after those administrative avenues are pursued (or found unavailable or futile) may you seek judicial review, typically through a CPLR Article 78 proceeding or other appropriate action. There are exceptions if pursuing internal relief would be futile or if no adequate administrative remedy exists or if the action is not subject to further agency review.