1. FILE A PETITION
2. AGENCY HEARING
3. AGENCY INTERNAL APPEAL PROCESS
4. PREVENTS PARTIES FROM SEEKING RELIEF IN COURT FIRST
5. ONCE AGENCY PROCEDURES ARE EXHAUSTED THEN AGGRIEVED PERSON CAN FILE COMPLAINT WITH A FEDERAL COURT
6. Federal law, for example, prevents a petitioner from seeking federal relief where the state claims have not yet been exhausted. Generally, the exhaustion requirement permits state courts a "...meaningful opportunity to consider the allegations of legal error." The issue of exhaustion of remedies in a criminal law case was before the United States Court of Appeals for the Fourth Circuit in Harvey v. Horan.
7. administrative non compliance establishes capacity and standing exhausting remedies
8. COMITY
   1. comity (kom-<<schwa>>-tee).1. A practice among political entities (as nations, states, or courts of different jurisdictions), involving esp. mutual recognition of legislative, executive, and judicial acts. — Also termed comitas gentium; courtoisie internationale. See FEDERAL-COMITY DOCTRINE; JUDICIAL COMITY. Cf. AB-STENTION.
   2. “ ‘Comity,’ in the legal sense, is neither a matter of absolute obligation, on the one hand, nor of mere courtesy and good will, upon the other. But it is the recognition which one nation allows within its territory to the legislative, executive, or judicial acts of another nation, having due regard both to international duty and convenience, and to the rights of its own citizens, or of other persons who are under the protection of its laws.” Hilton v. Guyot, 159 U.S. 113, 163–64, 16 S.Ct. 139, 143 (1895). Black's Law Dictionary (8th ed. 2004) , Page 805
   3. COMITY CLAUSE Comity Clause.The clause of the U.S. Constitution giving citizens of one state the right to all privileges and immunities enjoyed by citizens of the other states. U.S. Const. art. IV, § 2, cl. 1. See PRIVILEGES AND IM-MUNITIES CLAUSE . [Cases: Constitutional Law 207. C.J.S. Constitutional Law § 649.]
9. ABSTENTION
   1. abstention. 1. The act of withholding or keeping back (something or oneself); esp., the withholding of a vote. 2. A federal court's relinquishment of jurisdiction when necessary to avoid needless conflict with a state's administra-tion of its own affairs. 3. The legal principle underlying such a relinquishment of jurisdiction. Cf. COMITY; OUR FEDERALISM. [Cases: Federal Courts 41–65. C.J.S. Bankruptcy §§ 16, 40.] Black's Law Dictionary (8th ed. 2004) , Page 26
      1. TYPES OF ABSTENTION
         1. Burford abstention.A federal court's refusal to review a state court's decision in cases involving a complex reg-ulatory scheme and sensitive areas of state concern. Burford v. Sun Oil Co., 319 U.S. 315, 63 S.Ct. 1098 (1943).
            1. Colorado River abstention.A federal court's decision to abstain while relevant and parallel state-court proceedings are underway. Colorado River Water Conservation Dist. v. United States, 424 U.S. 800, 96 S.Ct. 1236 (1976).
            2. equitable abstention.A federal court's refraining from interfering with a state administrative agency's decision on a local matter when the aggrieved party has adequate relief in the state courts.
            3. permissive abstention.Abstention that a bankruptcy court can, but need not, exercise in a dispute that relates to the bankruptcy estate but that can be litigated, or is being litigated, in another forum. • In deciding whether to abstain, the bankruptcy court must consider (1) the degree to which state law governs the case, (2) the appropriateness of the procedure to be followed in the other forum, (3) the remoteness of the dispute to the issues in the bankruptcy case, and (4) the presence of nondebtor parties in the dispute. 28 USCA § 1334(c)(1). [Cases: Federal Courts 47.5.]
            4. Pullman abstention.A federal court's decision to abstain so that state courts will have an opportunity to settle an underlying state-law question whose resolution may avert the need to decide a federal constitutional question. Railroad Comm'n v. Pullman Co., 312 U.S. 496, 61 S.Ct. 643 (1941). [Cases: Federal Courts 43, 46.]
            5. Thibodaux abstention (tib-<<schwa>>-doh). A federal court's decision to abstain so that state courts can decide difficult issues of public importance that, if decided by the federal court, could result in unnecessary friction between state and federal authorities. Louisiana Power & Light Co. v. City of Thibodaux, 360 U.S. 25, 79 S.Ct. 1070 (1959). [Cases: Federal Courts 41, 43.]
            6. Younger abstention. 1. A federal court's decision not to interfere with an ongoing state criminal proceeding by issuing an injunction or granting declaratory relief, unless the prosecution has been brought in bad faith or merely as harassment. Younger v. Harris, 401 U.S. 37, 91 S.Ct. 746 (1971). — Also termed equitable-restraint doctrine. [Cases: Federal Courts 49, 51, 54.] 2. By extension, a federal court's decision not to interfere with a state-court civil proceeding used to enforce the criminal law, as to abate an obscene nuisance. See OUR FEDERALISM.
10. Generally, the plaintiff suing a government officer may not obtain judicial relief if he has not first exhausted his/her administrative remedies. See Allen v. Grand Central Aircraft Co., 347 U.S. 535, 553 (1954); Aircraft & Diesel Corp. v. Hirsch, 331 U.S. 752 (1947).
11. Exhaustion is also required in Federal Tort C laims Acts suits, 28 U.S.C . § 2675(a), Privacy Act suits, 5 U.S.C . § 552a, in suits challenging adverse personnel actions, and in many other contexts.
12. WAIVER OF THE DOCTRINE OF EXHAUSTION
    1. Darby v. C isneros, 509 U.S. 137 (1993), holds that, under the Administrative Procedure Act, 5 U.S.C . 704, a person aggrieved by an agency action can seek judicial review of the action without exhausting an available administrative appeal, unless the agency's regulations provide both (1) that the administrative appeal must be taken, and (2) that during the pendency of the administrative appeal the agency action shall be inoperative.
       1. EXCEPTIONS TO APPLICATION OF EXHAUSTION DOCTRINE
          1. AGENCY CANNOT SUPPLY ADEQUATE REMEDY
          2. AGENCY ACTION WILL CAUSE IRREPARABLE INJURY
          3. AGENCY HAS ACTED IN EXCESS OF STATUTORY AUTHORITY
          4. PURSUIT OF ADMINISTRATIVE REMEDY IS FUTILE
          5. ADDITIONAL EXCEPTIONS; CONTROVERSIAL
13. STAY OF EXECUTION OF AGENCY ACTION PENDING JUDICIAL REVIEW
    1. APPLICANT'S BURDEN OF SHOWING THAT IN ABSENCE OF STAY HE
       1. WILL SUFFER IRREPARABLE INJURY
       2. IS LIKELY TO PREVAIL ON THE MERITS WHEN FULL JUDICIAL REVIEW IS UNDERTAKEN
       3. STAY WILL NOT HARM THE PUBLIC INTEREST
       4. STAY WILL NOT HARM OTHER PARTIES
14. Floating Topic
15. 28 USC § 2675 - Disposition by federal agency as prerequisite; evidence
    1. 28 USC § 2675 - Disposition by federal agency as prerequisite; evidence _ Title 28 - Judiciary and Judicial Procedure _ U.S.pdf
16. DOCTRINE OF EXHAUSTION; STUDY GUIDE #2; HOW IT WORKS
    1. KIND OF
       1. By The Angry Jeweler; The Hennalady; Lisa Stinocher O'Hanlon http://angryjeweler.wix.com/write
          1. WARNING; MAY CONTAIN OFFENSIVE LANGUAGE
17. Floating Topic
18. HOW IT WORKS; IN PRACTICE
    1. FEDERAL STATUTES
       1. A person's specific rights and duties depend on the federal statute involved.
          1. LAW OF AGENCY; ADMINISTRATIVE LAW
             1. PERSON IS REQUIRED TO FIRST GO THE AGENCY WHICH ADMINISTERS THE STATUTES
             2. The doctrine of exhaustion of remedies prevents a litigant from seeking a remedy in a new court or jurisdiction until all claims or remedies have been exhausted (pursued as fully as possible) in the original one. The doctrine was originally created by case law based on the principles of comity.
             3. DETERMINING; PROVING AGENCY
             4. APPLICABILITY OF THE EXHAUSTION DOCTRINE
             5. TO INDIVIDUALS
             6. TO CLASS MEMBERS
             7. TO STATE ADMINISTRATIVE REMEDY
             8. TO FEDERAL ADMINISTRATIVE REMEDY