Administrative Law Commons^™

The classic version of the exhaustion-of-remedies requirement generally requires a party to go through all the stages of an administrative adjudication before going to court.  However, the doctrine has developed a new permutation, covering situations where a petitioner for judicial review did follow all the steps of the administrative appeals process, but had failed to raise in that process the issues now sought to be litigated in court.  In those cases, which have been called “issue exhaustion” cases, the thwarted petitioner will likely be out of luck since normally there is no further opportunity to raise the issue at the …

The 1998 Amendments to the Higher Education Act requires that, absent good cause for not doing so, the U.S. Department of Education (“ED”) promulgate all subsequent higher education regulations through a negotiated rulemaking process.  The Act contains detailed consultation requirements and is quite prescriptive concerning the selection of members of the negotiating committee, which is tasked with seeing consensus on the text of a proposed rule (that is then subjected to the regular notice-and-comment rulemaking process).  In addition, ED rulemaking is subject to a statutory 360-day deadline, and any final rules containing regulatory changes must be published by November 1 …