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See also Exhaustion of administrative remedies.  The doctrine of exhaustion is a flexible one. The exhaustion requirement is generally not jurisdictional in nature, 'but rather must be applied in accord with its purposes.' 729 F.2d at 1484 (citing McKart v. United States, 395 U.S. 185, 193-95, 89 S.Ct. 1657, 1662-63, 23 L.Ed.2d 194 (1969)). Exhaustion of available administrative remedies is a prerequisite to obtaining judicial relief for an actual or threatened injury. 729 F.2d at 1484 (citing Myers v. Bethlehem Shipbuilding Corp., 303 U.S. 41, 50-51, 58 S.Ct. 459, 463-64, 82 L.Ed. 638 (1938)). The general rule has frequently been applied even where the plaintiffs have challenged the very authority of the agency to conduct proceedings against them. The exhaustion doctrine retains its vitality even when the collateral judicial action challenges the constitutionality of the basic statute under which the agency functions, even though one frequently asserted reason for requiring exhaustion, viz., to give the agency an opportunity to avoid or correct error, is inapplicable because an agency will not ordinarily pass on the constitutionality of the statute under which it operates. 


The long settled rule of judicial administration is that no one ...

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