What is the test for a party to obtain judicial review of a final administrative determination?
California, United States of America
The following excerpt is from Evans v. City of San Jose, 3 Cal.App.4th 728, 4 Cal.Rptr.2d 601 (Cal. App. 1992):
It is fundamental in California, as elsewhere, that before a party may obtain judicial review of a final administrative determination, she must first exhaust her administrative remedies. "It is not a matter of judicial discretion, [3 Cal.App.4th 733] but is a fundamental rule of procedure.... [E]xhaustion of the administrative remedy is a jurisdictional prerequisite to resort to the courts." (Abelleira v. District Court of Appeal (1941) 17 Cal.2d 280, 293, 109 P.2d 942.) 2
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