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Arroyo v. Board of Education of Howard County6/10/2004
further examine at what point during this potential chain of administrative decisions, judicial reviews and appeals can there be said to exist an administrative finality, i.e., an "exhaustion" of administrative remedies. Once we have determined when this exhaustion occurred we can then discern when, at the latest, the statute of limitations began to run on petitioner's related or collateral tort claim of wrongful discharge.
A. Doctrine of Primary Jurisdiction and Exhaustion of Administrative Remedies
The United States Supreme Court in United States v. Western Pacific Railroad Company, 352 U.S. 59, 77 S.Ct.161, 1 L.Ed.2d 126 (1956), described the interplay between the doctrine of exhaustion and the doctrine of primary jurisdiction:
"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.
"No fixed formula exists for applying the doctrine of primary jurisdiction. In every case the question is whether the reasons for the existence of the doctrine are present and whether the purposes it serves will be aided by its application in the particular litigation."
Id. at 63-64, 77 S.Ct. at 165 (citation omitted).
We have also discussed, in Board of Education for Dorchester County v. Hubbard, 305 Md. 774, 506 A.2d 625 (1986), the interplay of exhaustion principles and primary jurisdiction at some length, but, however, left open whether independent suits can be filed while administrative actions are in process where the agency has primary jurisdiction. In that opinion, we examined whether "the courts [should] defer to the State Board of Education under principles of primary jurisdiction, at least until the State Board authoritatively decides whether the classification of teacher's certificates and class size are subject to collective bargaining and arbitration." Id. at 785, A.2d at 630 (alteration added). We explained that:
"`Primary jurisdiction "is a judicially created rule designed to coordinate the allocation of functions between courts and administrative bodies." The doctrine "comes into play when a court and agency have concurrent jurisdiction over the same matter . . . and there is no statutory provision to coordinate the work of the court with that of the agency."'"
"Where, however, the administrative remedy is deemed to be primary, this Court has generally held that it must be pursued and exhausted before a court exercises jurisdiction to decide the controversy."
Id. at 786, 506 A.2d at 630-31 (quoting Wash. Sub. San. Comm'n v. Mitchell & Best, 303 Md. 544, 561-62, 495 A.2d 30, 39 (1985)) (citations omitted) (emphasis added).
In Maryland-National Capital Park and Planning Commission v. Crawford, 307 Md. 1, 511 A.2d 1079 (1986), we stated:
" here there is both an administrative remedy and an independent judicial remedy (i.e., a specific judicial remedy exists other than judicial review
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