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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

§ 788

Citation
§ 788
Parent Document
Drayton v. Poretsky Management, Inc., 462 A.2d 1115 (1983)
Jurisdiction
DC (municipal)
Effective Date
1983-05-31

Other Sections in This Document (80)

Full Text

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The doctrine of primary jurisdiction, like the rule requiring exhaustion of administrative remedies, is concerned with promoting proper relationships between the courts and administrative agencies charged with particular regulatory duties. “Exhaustion” applies where a claim is cognizable in the first instance by an administrative agency alone; judicial interference is withheld until the administrative process has run its course. “Primary jurisdiction,” on the other hand, applies where a claim is originally cognizable in the courts, and comes into play whenever enforcement of the claim requires the resolution of issues which, under a regulatory scheme, have been placed within the special competence of an administrative body; in such a case the judicial process is suspended pending referral of such issues to the administrative body for its views, (citation omitted.) Earlier, in Far East Conference v. United States,