Why do you use an “Administrative Record” for “Private Administrative Remedy”?

We are asking the court to sit in an administrative capacity, rather than judicial. We can\'t invoke a judicial court unless we have failed at the administrative level to remedy the situation and there is a genuine matter in dispute. Unless the administrative process has been exhausted, there is no dispute of which the Judicial Court can take jurisdiction.

If we have an Administrative Record, that shows we have attempted a private remedy, but the other side has failed to honor their obligation to administratively remedy the dispute (the Administrative Procedures Act). We should present that record so the judge can now take jurisdiction of the dispute, and judicially render a judgment.

By the same token, if the other side has brought an action without first seeking an administrative remedy, we should ask the court if the plaintiff has submitted an Administrative Record. If they have not, this will force the matter back into the administrative private remedy arena, where the issues may be resolved, or in case the parties cannot reach a resolution, then the issues in dispute are ripe for a Judicial Court.

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