Bert had his driver's license suspended by the state department of transportation.He believes his constitutional due process rights were violated by the administrative agency.Can he immediately file a court action to have the agency's actions reviewed?

Question

Quizplus · Accepted Answer

Bert must exhaust all administrative remedies before seeking judicial review. He must utilize the administrative agency's procedures to appeal the suspension before he goes to court. This is known as exhaustion of remedies, a prerequisite to court review. Only after exhausting all remedies within the agency can he seek judicial review. Options A and B are incorrect because Bert cannot immediately file a court action without exhausting administrative remedies, and federal court may not be necessary. Option D is incorrect because courts have jurisdiction to review administrative agency actions after the exhaustion of administrative remedies.

Bert Had His Driver's License Suspended by the State Department