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eBook details

• Title: Noggle v. Bank of America Nt & Sa
• Author : California Court of Appeals
• Release Date : January 25, 1999
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 69 KB

Description

In Alexander v. State Personnel Bd. (1943) 22 Cal.2d 198 (Alexander), we held that when the Legislature has provided that a petitioner before an administrative tribunal "may" seek reconsideration or rehearing of an adverse decision of that tribunal, the petitioner always must seek reconsideration in order to exhaust his or her administrative remedies prior to seeking recourse in the courts. The Alexander rule has received little attention since its promulgation, and several legal scholars and at least one Court of Appeal have expressed the belief that the rule has been abandoned or legislatively abrogated. That Conclusion was premature; the rule remains controlling law. However, as it serves little practical purpose and is inconsistent with procedure in parallel contexts, we hereby abandon it. This is not to say that reconsideration of agency actions need never be sought prior to judicial review. Such a request is necessary where appropriate to raise matters not previously brought to the agencys attention. We simply see no necessity that parties file pro forma requests for reconsideration raising issues already fully argued before the agency, and finally decided in the administrative decision, solely to satisfy the procedural requirement imposed in Alexander.

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