EXCEPTION TO DOCTRINE OF FINALITY

1. Review at an initial or intermediate stage of administrative action - The requirements of

finality is subject to exception and limitations which permit judicial relief for review at an initial
or intermediate stage of the administrative actions

a.) to an interlocutory order affecting the merits of an controversy.

b.) to grant relief to preserve the status quo pending further action by the Administrative
agency.

c.) when it is essential to the protection of the rights asserted from the injury threatened.

d.) where an administrative officer assumes to act in violation of the constitution and other
laws.

e.) where such order is not reviewable in any other way and the complainant will suffer
great and obvious damage if the order is carried out; and

f.) to an order made in excess of power,contrary to specific prohibitation in the statute

governing the agency and thus operating as deprivation of a right assured by the statute.

2. Review allowed by statutory provisions - In some instances,exceptions to the requirement

of finality or limitation on such requirement flow directly from statutory provisions. It is settled
rule that the declaratory judgement law is applicable and appropriate in instances where there
is no final decision or rule of an administrative agency which could be reviewed by an existing
remedy such as an appeal.

TIMING OF APPLICATION TO COURTS

Division of function between courts and administrative agencies inevitability creates problems
of determining which tribunal may take initial action and at what stage of administrative action
an aggrieved party may go to court.

These problems are governed by three main doctrine:

1.) Doctrine of Primary Jurisdiction

2.) Doctrine of Exhaustion of administrative remedies

3.) Doctrine of Ripeness for Review

 DOCTRINE OF PRIMARY JURISDICTION
1.) Concept - this principle has been referred to as the doctrine of prior resort,or exclusive
administrative jurisdiction or preliminary resort .

Primary Jurisdiction is the most common in recent treatment of the subject.It is usually refers
to cases involving specialized disputes which are referred to an administrative agency of special
competence to resolve the same.

2.) Reasons for doctrine - the doctrine is based on sound public policy and practical
considerations. The usual result when a court holds that an administrative agency has primary
jurisdiction is the dismissal of the proceeding in the court.

Two reasons have thus given for the rule;

First, to take full advantage of administrative expertness;

Second, to attain uniformity of application of regulatory laws which can be secured only if
determination of the issues is left to the administrative body.

3.) Subsequent resort to judicial action not precluded - the doctrine requires litigants to
address their complaints initially to administrative tribunals,rather than to the courts for
relief,if the issues involved are such that they can be presented in the first instances to the
former. It does not operate to remove these issues completely from the sphere of judicial
action.

4.) Exclusive Jurisdiction may be explicit or implicit - the statute implicity or explicity,may give
the agency exclusive jurisdiction to make initial determination,and it may give a particular court
exclusive jurisdiction to review the administrative action in a designated way and at a
designated time.

APPLICATION OF THE DOCTRINE

1.) Where elements of administrative discretion important consideration - courts are in
agreement that prior resorts should be required where the reasons mentioned justify its
application.

2.) Where reasons for doctrine inapplicable - May prior resort be required even in cases where
the reasons on which the rule is based are applicable.