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The waiver doctrine in administrative law is 'largely [a] creatur[e] of statute.' Sims v. Apfel, 530 U. S. 103, 107 (2000). In other words, many statutes explicitly prohibit courts from considering claims '`that ha[ve] not been urged'' before the administrative agency. Id., at 108 (quoting National Labor Relations Act, 29 U. S. C. § 160(e) (1982 ed.)). See L. A. Tucker Truck Lines, 344 U. S., at 36, n. 6 (collecting statutes). It is important to emphasize that statutory waiver requirements always mandate, by their plain terms, that courts shall not consider arguments not properly raised before the agency; we have never suggested that the word 'exhaustion,' standing alone, imposes a statutory waiver requirement.


In the federal administrative law context Courts have also imposed waiver requirements even in the absence of explicit statutory directive. This is because, in the context of such appellate review proceedings, procedural errors in the course of exhaustion naturally create bars to review because the decision under review rests on a procedural ground. Accordingly, whether a court should impose a procedural default sanction for issues not properly exhausted in a prior administrative proceeding 'depends on the degree to which the analogy ...

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