Exhaust Your Administrative Remedies Before Going to Court

And, demand an administrative hearing first if you find your self in court where the court is being used as an “arm” of an administrative agency, (like the Motor Vehicle Department) to circumvent justice.

Likewise, in matters of the IRS. Demand an administrative hearing. If the IRS fails to give you an administrative hearing, they are barred from using the court later to collect on an alleged debt.

“Where the legislative scheme of delegation of power to an agency makes a court the ‘arm’ of the agency in recording its order and affording execution thereon, the agency and not the court retains jurisdiction to modify or stay the order, and to determine the sufficiency of the performance thereunder.” Vickich v. Sup. Ct. 105 Ca. 587, 288 P.127; Independent et cetera v. R.R. Commission, 70 Ca. 2d 816, 161 P. 2d 827

“Where a government agency, or a local municipality, believes that an individual is a person within the demands of a statute, of which it has authority to enforce, or standing to initiate an action, naming the individual, where the matter is administrative licensee, there must first be a demand for administrative enforcement. The government agency is required to first exhaust all administrative remedies before it may proceed on my civil action, as is the Accused required. Where the people [sic) seek enforcement of administrative licensee, it must not skirt the administrative for the enforcement by a ‘mere hearing officer’ without the ‘administrative record for review,’ or it denies the agency its authority and power to enforce its own rules and regulations over its licensees, to the harm of and denial of administrative remedy to the Accused.” OK Corp. v. Williams, 461 F. Supp. 540.

“Administrative agencies have been held to have exclusive original jurisdiction of particular matters which precludes an original action in court in regard to such matters particularly where the statute provides for ‘final and conclusive’ action by the administrative agency. This principle is not limited to remedies in relation to rights created by the statutes empowering administrative agencies but applies as well to common law rights protection or enforcement of which is confided to administrative tribunals.”  Union R.R. Co. v. Price, 360 U.S. 601; Penn r. Co. v. Day, 360 U.S. 548;   Erie R. Co. v. Stewart, 17 Ohio App. 335.

“No agency can refuse a prior hearing when affecting fundamental rights, on the issue of the statute as applied, for such an application is a form of ‘rule making’ and agency has the duty and the power to adopt, rescind, or modify its rules to meet the requirements of the law and other exigencies.”  Reimel v. House, 259 CA. 2d 511, 515   

“Agency should be challenged at its level as that question is waived unless brought before the agency because the failure to raise the constitutional issue at the administrative level constitutes a waiver of the right to bring later in any forum.”  IGriswold v. School Disfrict, 63 CA.3d 1034; Reinel v. House, 66 CA 3d 620;  Mestinak v. Atwater, 79 CA 3d 593,599

“Administrative remedies must be exhausted before resort to the courts.” Arguello v. Cross, 83 Cal App 2d 759; 66 Cal App 2d 8789

“The only ‘judicial’ activity which can be instituted upon petition of government is ‘enforcement’ review, which is summary procedure, which is more in nature of appeal by the government, for no new record can be made. The administrative record is the ‘exclusive record for review’ No rationale may be supplied by agents of government or by the court itself hearing. Nor by imaginative government counsel for the same is a devious device known as ‘post hoc’ rationalization which is prohibited as a matter of law. Judgment by the court cannot be substituted for that of the administrative agency.” Abelliara v. Disfrict Court of Appeal, 109 P.2 942(1941)

“The failure of the agency to grant a hearing bars civil liability or criminal prosecution for actus reus later under the Collateral Estoppel Doctrine as Administrative Law demands are the administrative equivalent of Judicial Declaratory Judgments, and all Natural Law requirements and indicia that apply to Judicial Declaratory Judgements also apply to Administrative Judgments. Babcock v. Babcock; 63 CA 2d 94;  Maxwell v. Maxwell, 66 CA 2d 549