· 7/30/1986
Randolph-Sheppard Vendors of America v. Caspar W. Weinberger, National Council of State Agencies for the Blind v. Caspar W. Weinberger
Citations
- 795 F.2d 90
- 254 U.S. App. D.C. 45
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that administrative exhaustion requirements are meant to prevent parties from the “ ‘frequent and deliberate flouting of administrative processes [which] could weaken the effectiveness of an agency’ ”
- recognizing that an RSA arbitration panel should interpret and apply the RSA in the first instance because the DOE and its Secretary are responsible for interpreting and administering the RSA
- Holding that “the Secretary of Education has broad remedial powers under the Act”
- noting that “[t]he usual time and effort required to pursue an administrative remedy” is insufficient to justify waiving the exhaustion requirement
- stating that the Secretary of the DOE should be “given the first chance to apply his expertise” to interpret the RSA and determine its scope (citation omitted)
- explaining that exhaustion of administrative remedies is futile when the agency “has evidenced a strong stand on the issue in question and an unwillingness to reconsider the issue”
Source: CourtListener parenthetical corpus (CC0).
Judges: Mikva, Bork, Oberdorfer
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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