exhaustion of administrative remedies doctrine in Delaware

2025Rating Bureau, Inc., 616 A.2d 1182, 1187 (Del. 1992) (citation omitted). 7 of judicial discretion.”37 “It applies only where a claim must be initiated before an administrative agency which has exclusive jurisdiction over the matter and is able to provide an adequate remedy.”38 The doctrine of exhaustion of administrative remedies will not apply if the presumption in favor of its application can be overcome by a showing of one of four conditions: • That finishing the administrative proceeding would be futile; • That public interest creates the need for a prompt resolution; • That the issue is a

2020Rating Bureau, Inc., 616 A.2d 1182, 1187 (Del. 1992) (“Delaware has adopted the doctrine of exhaustion of administrative remedies.”)). 41 Levinson v. Del.

2020Public Administrative Law and Procedure § 38 (1983)). 16 Id. (referencing 2 Am.Jur.2d Administrative Law § 595 (1962)). 7 Td. 18 Id. (referencing Eastern Shore Natural Gas Co. v. Stauffer Chemical Co., 298 A.2d 322, 325 (Del. 1972) (doctrine of exhaustion of administrative remedies requires that a claim be initiated before an administrative agency prior to judicial review); Scarborough v. Mayor and Council of the Town of Cheswold, 303 A.2d 701, 703-704 (Del.

1992Eastern Shore Natural Gas Co. v. Stauffer Chemical Co., Del.Supr., 298 A.2d 322, 325 (1972) (doctrine of exhaustion of administrative remedies requires that a claim be initiated before an administrative agency prior to judicial review); Scarborough v. Mayor and Council of the Town of Cheswold, Del.Ch., 303 A.2d 701, 703-704 (1973) (doctrine of exhaustion of administrative remedies only applies where the administrative remedy is exclusive of any judicial remedy and when the administrative remedy is “substantially equivalent” to that sought in court).

2020Public Administrative Law and Procedure § 38 (1983)). 16 Id. (referencing 2 Am.Jur.2d Administrative Law § 595 (1962)). 7 Td. 18 Id. (referencing Eastern Shore Natural Gas Co. v. Stauffer Chemical Co., 298 A.2d 322, 325 (Del. 1972) (doctrine of exhaustion of administrative remedies requires that a claim be initiated before an administrative agency prior to judicial review); Scarborough v. Mayor and Council of the Town of Cheswold, 303 A.2d 701, 703-704 (Del.

1992Eastern Shore Natural Gas Co. v. Stauffer Chemical Co., Del.Supr., 298 A.2d 322, 325 (1972) (doctrine of exhaustion of administrative remedies requires that a claim be initiated before an administrative agency prior to judicial review); Scarborough v. Mayor and Council of the Town of Cheswold, Del.Ch., 303 A.2d 701, 703-704 (1973) (doctrine of exhaustion of administrative remedies only applies where the administrative remedy is exclusive of any judicial remedy and when the administrative remedy is “substantially equivalent” to that sought in court).

2023See Levinson, 616 A.2d at 1187 (“application of the doctrine of exhaustion of administrative remedies may result in dismissal from the judicial forum” (emphasis added) (citation omitted)). 54 593 A.2d 571, 574 (Del.

2017See Marker v. Talley, 502 A.2d 972, 977 (Del.

2016Only after taking an appeal to the Board of License, Inspection and Review is it proper to petition this Court for a writ of certiorari.15 Mr. Miller did not contest any of the 2009-2013 violations to the Board of License, Inspection and Review, and is now time barred from raising any such challenge. 16 Since, Mr. Miller’s writ is improperly before this Court and this Court lacks jurisdiction to hear the matter under the doctrine of exhaustion of administrative remedies, dismissal is appropriate. 17 13 Maddrey v. Justice of the Peace 13, 956 A.2d 1204, 1213 (Del. 2008) (quoting Reise v. Bd. of

2016App. of Newark, Del., 746 A.2d 271, 273 (Del. 2000). 14 Super.

1992James Julian, Inc. v. Hall, Del.Super., 349 A.2d 750, 752-753 (1975); Murphy v. T.B.

1992See Brunetti v. Borough of New Milford, 68 N.J. 576 , 350 A.2d 19, 25 (1975) (“Therefore, while it is neither a *1190 jurisdictional nor an absolute requirement, there is nonetheless a strong presumption favoring the requirement of exhaustion of [administrative] remedies.”); see also Levesque v. Inhabitants of the Town of Eliot, Me.Supr., 448 A.2d 876, 878 (1982).

1992See Brunetti v. Borough of New Milford, 68 N.J. 576 , 350 A.2d 19, 25 (1975) (“Therefore, while it is neither a *1190 jurisdictional nor an absolute requirement, there is nonetheless a strong presumption favoring the requirement of exhaustion of [administrative] remedies.”); see also Levesque v. Inhabitants of the Town of Eliot, Me.Supr., 448 A.2d 876, 878 (1982).

1992The doctrine of exhaustion of administrative remedies is to be distinguished from the doctrine of primary administrative jurisdiction, which applies where “a claim is originally cognizable in a court of law or equity but referral to an agency competent to rule preliminarily on issues which fall within its regulatory powers is authorized.” Eastern Shore Natural Gas Co., 298 A.2d at 325 (quoting Webb v. Diamond State Telephone Co., Del.Ch., 237 A.2d 143, 145 (1967)).

1992The doctrine of exhaustion of administrative remedies is to be distinguished from the doctrine of primary administrative jurisdiction, which applies where “a claim is originally cognizable in a court of law or equity but referral to an agency competent to rule preliminarily on issues which fall within its regulatory powers is authorized.” Eastern Shore Natural Gas Co., 298 A.2d at 325 (quoting Webb v. Diamond State Telephone Co., Del.Ch., 237 A.2d 143, 145 (1967)).

1992See Brunetti v. Borough of New Milford, 68 N.J. 576 , 350 A.2d 19, 25 (1975) (“Therefore, while it is neither a *1190 jurisdictional nor an absolute requirement, there is nonetheless a strong presumption favoring the requirement of exhaustion of [administrative] remedies.”); see also Levesque v. Inhabitants of the Town of Eliot, Me.Supr., 448 A.2d 876, 878 (1982).