Admin-outline-agpalo.docx

Chapter 1: Introductory Administrative Law- In a general sense, embraces all the law that controls or is intended to control the administrative operations of the government. Sources (Kinds of administrative law) 1. Constitutional or statutory enactments creating administrative bodies a. Article IX, Constitution b. Social Security Act- established the Social Security Commission c. Administrative Code of 1987 2. Decisions of courts interpreting the characters of administrative bodies and defining their powers, rights, inhibitions, among others, and the effects of their determinations and regulations a. Artuc v. Commission on Elections b. Maceda v. ERB 3. Rules and regulations issued by the administrative bodies in pursuance of the purposes for which they were created a. Omnibus Rules Implementing the Labor Code b. Circulars of the Central Monetary Authority on interest rates c. Regulations of the Commission on Immigration and Deportation d. Rules promulgated by the SEC; Bureau of Patents, Trademarks and Technology Transfer 4. Determinations and orders of the administrative bodies in the settlement of controversies arising in their respective fields Refers to the adjudications of administrative agencies in the exercise of their quasi-judicial power The Administrative Framework The Government of the Republic – refers to the corporate governmental entity through which the functions of the government are exercised throughout the Philippines. Included in the government are: o o

Agencies – any of the various units of government, including a department, bureau, office. Instrumentality – refers to any agency not integrated within the departmental framework, vested with special functions or jurisdiction by law.

Agencies or instrumentalities of the Government are either: o

o

Incorporated – sometime with and at other times without capital stock, are vested by law with a juridical personality distinct from the personality of the Republic.  Ex. National Power Corporation, Philippine Ports Authority, National Housing Authority. Non-incorporated – not vested with a juridical personality distinct from the republic.  Ex. Sugar RehgulatorybAdministration

Chartered Institution - refers to any agency organized or operating under a special charter, and vested by law with functions relating to specific constitutional policies or objectives. Creation and Abolition of Agencies

-

may be created by the Constitution or by statuted by Created by the constitution: Office of the President, CSC, Comelec, CHR, Ombidsman, NEDA All others are created by statute

1

Reorganization - Is the process of restructuring the bureaucracy’s organizational and functional set-up, to make it more viable in terms of economy, efficiency, effectiveness and make it more responsive to the needs of its public clientele as authorized by law. - The power to reorganize includes power to create and abolish offices. - Done by the legislature directly or indirectly by authorizing an executive department to reorganize its office. Reasons for creation of administrative agencies 1. 2. 3. 4.

To unclog court dockets To meet the growing complexities of modern society. To help in the regulation of ramified activities of a developing country To entrust to specialized agencies in specified fields with their special knowledge, experience, and capability the task of dealing with problems thereof. Classification of Administrative Bodies 1. those set up to offer some gratuity, grant or special privileges eg. Philippine Veterans Administration 2. to carry on certain business of government eg. Bureau of Customs 3. to perform some business service for public eg. Bureau of Posts 4. to regulate business affected with public interest eg. LTFRB 5. to regulate private business and individuals under the police power eg. SEC 6. to adjust individual controversies because of some strong social policy involved eg. NLRC 7. to make the government a private party eg. GSIS

Chapter 2: Powers of Administrative Agencies -

  

Doctrine of Separation of Powers As a rule, the doctrine of separation of powers prohibits the delegation of legislative power, the vesting of nonjudicial functions, as well as the investing of non-judicial officers with judicial powers. But it is not an iron-clad restriction on the delegation of powers. To adapt to the complexities of modern governments, it has been relaxed permitting the delegation of powers by the legislature to administrative agencies not only in execution of laws, but also in promulgation of certain rules and regulations and the adjudication of claims and disputes calculated to promote public interest. Administrative agencies are granted by the legislature with administrative, executive, investigatory, legislative and judicial powers or a combination of these. But they only have such powers as are expressly granted to them by law and those that are necessarily implied in the exercise thereof. The two most important powers of administrative officers are the quasi-legislative and quasi-judicial powers. Vesture of powers liberally construed It is a settled principle that the authority given to administrative agencies should be liberally construed in the light of the purpose for which it was created and to a full implementation of the legislative intent which created the agency.

2

The powers of executive or administrative agencies are; o Express o Implied o Ministerial - no judgment or discretion is required or is allowed in their exercise; remedy is mandamus to compel performance o Discretionary – which by its nature requires the exercise of judgment; remedy is certiorari. o Directory – permissive or discretionary in nature and merely outlines the act to be done. o Mandatory – which commands either positively that some be done or negatively that something be not done; contains words of command or prohibition Errors in the exercise of powers o The government is not bound by errors of public officers.  Unauthorized acts of government officials are not acts of the state. An action against the officials for the violation of rights is not a suit against the state. Presumption of regularity Government officials are presumed to perform their functions with regularity and strong evidence is necessary to rebut this presumption.

Chapter 3: Power of Control, Supervision and Investigation A. The President as the Chief executive and Administrative Officer -

The president shall have control over the executive departments, bureaus and offices. He has the power to alter or modify or nullify or set aside what a subordinate officer had done. The President’s power of control means that if a cabinet member or secretary was granted by law to issue rules and regulations on certain matters, the president as the chief admin officer also has the power to modify, amend supplant the rules even though it may not be stated in the statute.

Doctrine of qualified political agency All executive and administrative organizations are agents of the Executive Department and the acts of the secretaries of such departments are acts of the president. Limitation on the president’s power of control 1. The abolition or creation of an executive office 2. Suspension or removal of career executive officials or employees without due process of law 3. Modification, setting aside of decisions of quasi-judicial agencies which have become final pursuant to law

B. Power of Investigation -

-

The investigatory powers of some agencies are limited only to information gathering, as basis to recommend appropriate action by other government agencies or to focus public opinion on matters of vital concern Investigations are useful for all administrative functions. Evangelista v. Jarencio “Rightly, administrative agencies may enforce subpoenas issued in the course of investigations, whether or not adjudication is involved, and whether or not probable cause is shown even before the issuance of complaint. The purpose of the subpoena is to discover evidence (in order to decide whether a complaint should be filed), not to prove a pending charge.”  As incidents to a main function – most administrative agencies granted with executive, quasilegislative and quasi-judicial functions also have investigatory powers in aid or as incidents of the exercise of such powers, as means to make performance of the latter effective.  As main function – there are administrative agencies granted only investigative powers.  Ex. CHR and NBI

3

Chapter 4: Quasi-legislative Power Legislative power- the power to make, alter, repeal laws Vested in the Congress of the Philippines The doctrine of separation of powers prohibits the delegation of purely legislative power. The Administrative Code of 1987 delegates to the president certain ordinance powers, in the form of presidential issuances. Kinds of presidential issuances o Executive orders – acts of the president providing for rules of general or permanent character in implementation or execution of constitutional or statutory powers o Administrative orders – acts of the president which relate to particular aspects of governmental operations in pursuance of his duties as administrative head. o Proclamations – are acts of the President fixing a date declaring a statute or condition of public moment or interest, upon the existence of which the operation of a specific law or regulation is made to depend. o Memorandum orders – acts of the President on matters of administrative detail or of subordinate or temporary interest which only concern a particular officer or office of the Government. o Memorandum circulars – acts or the President on matters relating to internal administration which the President desires to bring to the attention of all or some of the departments, agencies, bureaus or offices of the government for information or compliance. o General or specific orders – acts and commands of the President in his capacity as commander-in-chief of the AFP. Delegation of legislative power to the SC – the Constitution vests in SC the power to promulgate rules of court. Delegation of legislative power to local governments The Constitution created legislative bodies of local governments and granted each LGU the power to create its own sources of revenues and to levy taxes, fees, charges subject to such guidelines and limitations as the Congress may provide, consistent with the basic policy of local autonomy.  E.g. Sangguniang barangay, Sangguniang bayan, Sangguniang panlungsod.  The smallest legislative body is the sangguniang barangay. It may pass an ordinance reviewable by the sangguniang panlungsod/bayan.  The ordinances passed by the latter are reviewable by the sangguniang panlalawigan. quasi-legislative authority or rule-making power the power of subordinate legislation and permits the body to promulgate rules intended to carry out of the provisions of particular law jurisdiction of the administrative body in applying for the future public authority delegated by the law-making body to the administrative body to adopt rules and regulations intended to carry out the provisions of a law and implement a legislative policy  Administrative Rule - any agency statement of general applicability that implements or interprets a law, fixes and describes the procedures in, or practice requirements of, an agency, including its regulations. - includes memoranda or statements concerning the internal administration or management of an agency not affecting the rights or procedure available to, the public.  Rule-making- an agency process for the formulation, amendment, or repeal of a rule  Administrative regulations- intended only to implement the law and to carry out legislative policy Legislative Power 1. the discretion to determine what the law shall be 2. it cannot be delegated

Quasi-legislative Power the discretion to determine how the law shall be enforced no valid objection can be made as to delegation

4

3. government by legislation

Government by bureaucracy

Quasi-Legislative Power 1. operates in the future, rather than on past transactions

Quasi-judicial Power Determination of rights, privileges and duties involved in a past transaction

2. general applicability 3. notice and hearing not required

Applies to specific situations or to specific persons Notice and hearing is required

Kinds of rule-making power o Rule-making by reason of particular delegation of authority – power to issue rules and regulations o Rule-making by construction and interpretation of statute being administered – power to interpret and construe the statutes entrusted to them for implementation. Interpretation has 3 kinds  Interpretation as incident of execution of a law  Interpretation handed down by the Secretary of Justice upon request of a government agency  Interpretation in an adversary proceedings o Determination of facts under a delegated power as to which a statute shall go into effect. – ascertainment of facts which form a basis for the enforcement of a statute. Power of subordinate legislature – the delegated authority to issue rules and regulations to carry out the provisions of the statute. Tests of a Valid delegation – Completeness and sufficiency of standard test 1.

completeness test The law must: a. be complete in all its terms and conditions such that when it reaches the delegate the only thing he will do is to enforce it. b. offer a sufficient standard to 1) specify the limits of the delegate’s authority, 2) announce the legislative policy, and 3) specify the conditions under which it is to be implemented

2.

sufficient standard test- standard must be fixed, the limits of which are sufficiently determinate or determinable---to which the delegate must conform in the performance of his functions Sufficient standarda. one which defines legislative policy; b. mark its limits c. maps out its boundaries d. specifies the public agency to apply it e. indicates the circumstances under which the legislative command is to be effected Rules or regulations issued by administrative agencies If valid, have the force and effect of a law. But it cannot amend a statute. The administrative regulation, which is intended to supplement the law, cannot prevail against the law itself. The rules to be valid must be reasonable. It must bear reasonable relation to the purpose of the law. i. Lupangco v CA – the examinees (in CPA board exam) were prohibited to attend review classes or receive review materials 3 days prior to the exams. The court held the prohibition is unreasonable. It bears no reasonable relation to the purpose,

5

infringes right to liberty of the examinees and academic freedom of schools concerned. Penal Regulations 

Gen. Rule: violation of administrative regulations cannot give rise to criminal prosecution; Exception: if the legislature makes such violation punishable and imposes the corresponding sanctions 1) P v. Santos: Act No. 4003 does not contain prohibition punishing fishing w/in 3km from the shoreline w/o written permission from the Sec. of Agriculture; hence it cannot be incorporated with the promulgated rules and regulations. Delegation to ascertain facts Congress may delegate to an administrative agency the power to ascertain facts as basis to determine when a law may take into effect or whether the law may be suspended or come to an end, in accordance with the policy and purpose of the law. Potestas delegate non delegari protest – What has been delegated cannot be further delegated. Delegation of rate-fixing power The function of prescribing rates by an administrative agency may either be a legislative or an adjudicative function. Legislative – meant to apply to all enterprises of a given kind throughout the country. Quasi-judicial – apply exclusively to a particular party based upon a finding of fact The importance of distinguishing which power is being exercised by the agency- whether notice or hearing is required. As a general rule, a public utility must be afforded some opportunity to be heard as to the propriety and reasonableness of rates fixed for its services by a public service. Contemporary Construction

Administrative Rule 1. The agency promulgates rules and regulations in the exercise of its rule-making power 2. Binding on the courts

Interpretation Renders an opinion or gives a statement of policy interpreting a pre-existing law. Merely advisory for it is the courts that finally determine what the law means

Executive construction; 3 kinds 1. Construction by an executive or administrative officer directly called to implement the law – may be express or implied. (forms of interpretation)  Express – embodied in a circular, directive, regulation  Implied – by usage or practice 2. Construction by the Secretary of Justice in his capacity as the chief legal adviser of the government. – it is in the form of opinions 3. Interpretation handed down in an adversary proceeding in the form of a ruling by an executive officer exercising quasi-judicial power. Publication is not required for administrative interpretation to be effective.

6

 



Doctrine of respect for administrative or practical construction – administrative interpretations are given great weight by the courts for it comes from the particular branch of the government called upon to implement the law. Ratihabito acquiparatur mandate – It ia an axiom of law that legislative ratification is equivalent to a mandate. Where the legislature has notice or knowledge of a construction placed upon a statue by an executive officer charged with its implementation, without repudiating it, its silence is acquiescence equivalent to consent to continue the practice. Principle of legislative approval by reenactment – the reenactment of a statute, previously given a contemporaneous construction, is a persuasive indication of the adoption of the prior construction.

Chapter 5: Quasi-Judicial Power Quasi-judicial -

 

term applied to the action, discretion of officers who are required to investigate facts, or ascertain the existence of facts and draw conclusions from them as a basis for their official action, and to exercise discretion of a judicial nature. Quasi-judicial body – is an organ of the government other than a court and other than legislature, which exercises adjudicative power affecting rights of private persons. Quasi-judicial adjudication – requires 1. Previously established rules and principles 2. Concrete facts, whether past or present, affecting determinate individuals 3. Decision as to whether these facts are governed by the rules and principles.

Judicial Power 1) question of law first, then question of fact 2) the executive acts last, after the judgment is made and all the legal questions are settled

Quasi-judicial Power question of fact, then question of law the executive acts first, with the courts acting later, whenever warranted, to review its legal findings Note: administrative officers can interpret and apply the law to the facts ascertained by them but such determination is subject to review by courts eg. NLRC- its decisions are reviewable on certiorari by the CA, and eventually by the SC

Voluntary arbitrator a quasi-judicial officer  Arbitration – the reference of a dispute to an impartial third person for determination on the basis of the evidence and arguments presented by the parties who have bound themselves to accept the decision. o Voluntary – by agreement o Involuntary – compelled by the government

Requisites of quasi-judicial power: 1.

Jurisdiction must be properly acquired by the administrative body. JURISDICTION- competence of an office or body to act on a given matter or to decide a certain question legislaturehas the power to confer jurisdiction upon the administrative body and so limit or expand its authority.

7

Strictissimi Juris – an administrative agency or officer can exercise only such powers as are expressly granted as those necessarily implied therefrom. o PCGG v. Pena: in the exercise of quasi-judicial functions, the Commission is a co-equal body with the RTC and co-equal bodies have no power to control the other o Carino v. CHR: CHR- have no jurisdiction in adjudicatory powers over certain specific type of cases like alleged human rights violations involving civil or political rights Rules of Procedure in administrative proceedings o Angara v. Electoral Commission: doctrine of implication- where an administrative body is expressly granted the power of adjudication; it is deemed also vested with the implied power to prescribe the rules to be observed in the conduct of its proceedings. o Provident Tree Farms, Inc. v. Batario, Jr: the agency may adopt any reasonable method to carry out its functions. o Phil. Lawyers Assoc. v. Agrava: the rules must not violate fundamental rights or encroach upon constitutional prerogatives. o Agusmin Promotional Enterprises, Inc. v. CA: administrative rules of procedure- should be construed liberally; Rationale- 1) to promote their object, 2) to assist the parties in obtaining a just, speedy and inexpensive determination of their respective claims and defenses. o Samalio v. CA: the provisions of the Rules of Court may be applied suppletorily to the rules of procedure of administrative bodies exercising judicial powers unless otherwise provided by law or the rules of procedure of the administrative agency concerned. o Art. 8, Sec. 5(5): rules of procedure of special courts and quasi-judicial bodies shall remain effective unless disapproved by the SC. o DARAB v. Lubrica: the power of administrative agencies to promulgate rules of procedure does not or cannot be construed as allowing it to “grant itself jurisdiction”; Rationale- rules of procedure- remedial in nature; cover only rules on pleadings and practice Justiciable controversy; contested case o Contested case – means any proceeding, including licensing in which legal rights, duties and privileges asserted by specific parties in accordance with law are to be determined after a hearing. Institution of proceedings – o Proceedings are instituted by the filing of a complaint or petition. Some proceedings, however, are instituted by mere ex parte or informal application, such as an application for permits or licenses or for renewal thereof. They may be initiated by mere letter sent. The principle of forum shopping is also applicable to cases pending before administrative agencies. Acquisition of jurisdiction Petitioner – by filing of complaint Respondent – by voluntary appearance or service of summons Pre-trial conference o Some rules of procedure of quasi-judicial agencies require that before a pre-trial conference, either formal or informal, is held among the parties to a case, which include the possibility of an amicable settlement; simplification of issues; admissions of facts; referring the case to arbitration among others. Subpoena and contempt of court o The general rule is that when quasi-judicial power is conferred by law to an administrative agency it carries with it the power to issue subpoena and subpoena duces tecum and to punish for contempt violation thereof if so authorized or by applying in court for judicial relied to put a person in contempt. Evidence o Under Administrative Code  No hearsay evidence can be admitted

8



Thus affidavits if witnesses may not be admitted if they will not present themselves for crossexamination on their affidavits.  Documentary evidence may be received in the form of copies of excepts, if the original is not readily available.  The agency may take notice of judicially cognizable facts within its specialized knowledge (doctrine of judicial notice) o Requisites: 1. The matter must be of common and general knowledge 2. It must be well and authoritatively settles and not doubtful or uncertain 3. It must be known to be within the limits of the jurisdiction of the tribunal Substantial evidence o Only substantial evidence is required in an administrative proceeding. o Substantial evidence means such relevant evidence as a reasonable mind might accept as adequate to support a conclusion. 2.

Due process must be observed in the conduct of the proceedings. a. Due Process: Substantial or procedural i. Substantial – the law itself does not violate due process ii. Procedural – consist of 2 basic rights (1) notice and hearing and (2) being heard by an impartial and competent tribunal Notice and hearing- essential to due process Rationalethey may claim the right to appear therein and present their side or refute the position of opposing parties

Gen. Rule: denial of the right to notice and hearing will render the administrative proceedings null and void for denial of due process; Exceptions: 1) urgency of the immediate action, 2) tentativeness of the administrative action, 3) the right had previously been offered but not claimed, eg. summary abatement of a nuisance per se (1) Administrative Due Process  Administrative tribunals are unrestricted by the technical or formal rules of procedure which govern trials before a court, especially where the administrative order has the effect of only prima facie evidence. o Cadalin v. POEA Administrator: technical rules of procedure and evidence- cardinal rules which must be observed by the hearing officers in order to comply with the due process requirements of the Constitution.

CARDINAL RIGHTS OR PRINCIPALS TO BE OBSERVED IN ADMINISTRATIVE PROCEEDINGS: (1) right to a hearing- includes the right of the party interested or affected to present his own case and submit evidence in support thereof; (2) the tribunal must consider the evidence presented; (3) the evidence must have something to support its decision; (4) the evidence must be substantial- relevant evidence as a reasonable mind might accept as adequate to support a conclusion; Rationale- to free administrative boards from the compulsion of technical rules (5) the decision must be rendered on the evidence presented at the hearing, or at least contained in the record and disclosed to the parties affected; boards of inquiry- their report and decision are only advisory (6) the Court of Industrial Relations or any of its judges, therefore, must act on its or his own independent consideration of the law and facts of the controversy, and not simply accept the views of a subordinate in arriving at a decision; (7) the Court of Industrial Relations should, in all controversial questions, render its decision in such a manner that the parties to the proceeding can know the various issues involved and the reasons for the decisions rendered o Montemayor v. Bundalian: The burden is on the complainant to prove by substantial evidence the allegations in his complaint.

9

Administrative decisions of the executive branch of the government must be respected so long as they are supported by substantial evidence. Administrative decisions in matters within the executive jurisdiction can only be set aside on proof of 1) gross abuse of discretion, 2) fraud, or 3) error of law. ELEMENTS OF DUE PROCESS: (1) there must be a court or tribunal clothed with judicial power to hear and determine the matter before it; (2) jurisdiction must be lawfully acquired over the person of the defendant or property which is the subject of the proceedings; (3) the defendant must be given an opportunity to be heard; and (4) judgment must be rendered upon lawful hearing. o Javier v. COMELEC: the judge must not only be impartial but must also appear to be impartial as an added assurance to the parties that his decision will be just. o ERB v. CA: complainants have the burden of proving by substantial evidence the allegations in their complaints. When there is no denial of due process a. b. c.

     





A party who has been notified of the hearing but failed to attend the same cannot complain that he has been denied of due process Filing of a motion for reconsideration by the party who failed to attend cures the defect of lack of due process Right to a counsel is not a due process requirement. A party cannot make as defense that he was not afforded his right to counsel. It is only required in criminal proceedings not in admin proceedings.

Decision, Appeal and judicial review Period to render decision – under Administrative Code – within 30 days following submission. (directory only and does not invalidate judgment if not followed) Form of decision – Every decision rendered by the agency in a contested case shall be in writing and shall state clearly and distinctly the facts and the law on which it is based. Finality – shall become final and executor 15 days after receipt of copy thereof by the party adversely affected. A decision becomes binding only after it has been properly promulgated (it is the process by which the decision is published or announced). The administrative code prohibits filing of a second motion for recommendation. Appeal An appeal from the final decision of an agency may be taken to the department head. Must be appealed within 15 days Administrative review Review is a reconsideration or re-examination of a decision or ruling of a subordinate officer by a superior officer or higher administrative agency. The general rule is that evidence not formally submitted during the hearing before the admin agency cannot be submitted for the first time in appeal except if there are new issues raised or considered in review. Res judicata Also applies to administrative proceeding Res judicata may be disregarded if there are supervening events and no private individual will be financially prejudiced.

10

Chapter 6: Doctrines of Primary Jurisdiction and Exhaustion of Administrative Remedies Doctrine of primary jurisdiction does not warrant a court to arrogate unto itself authority to resolve a controversy the jurisdiction over which is initially lodged with an administrative body of special competence; simply calls for the determination of administrative questions o Sherwill Dev’t Corp. v. Sitio Sto. Nino Residents Assoc., Inc.: it 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.  The judicial process is suspended pending referral of such issues to the administrative body for its view. (1) Doctrine of Exhaustion of Administrative Remedies o Phil. Health Insurance Corp. v. Chinese Gen. Hospital and Medical Center: an administrative decision must first be appealed to the administrative superiors up to the highest level before it may be elevated to a court of justice for review. o Garcia v. CA: if a remedy is available within the administrative machinery, this should be resorted to before resort can be made to the courts. o PCGG v. Pena: courts must allow the administrative agencies to carry out their functions and discharge their responsibilities within the specialized area of their respective competence. o Systems Plus Computer College of Caloocan City v. Local Gov’t of Caloocan City: before seeking the intervention of courts, it is a precondition that one should first avail of all the means afforded by the administrative processes. o Paat v. CA: the premature intervention of courts is fatal to one’s cause of action. Exceptions: (when the party may resort directly to court) 1) when the question raised is purely legal; o Valmonte v. Belmonte: interpretation of the scope of his constitutional right to information 2) when the administrative body is in estoppel; 3) when the act complained of is patently illegal; 4) when there is urgent need for judicial intervention; 5) when the claim involved is small: 6) when irreparable damage will be suffered; 7) when there is no other plain, speedy and adequate remedy; 8) when strong public interest is involved; 9) when the subject of the controversy is private land; 10) in quo warranto proceedings o Hoskyns v. Nat’l City Bank of NY: it is discretionary upon the court to permit an aggrieved party to institute a court action without first resorting to an administrative remedy for the purpose.  does not apply when the assailed act pertained to administrative agency’s rule-making or quasi-legislative power. Appeal to President o Land Car, Inc. v. Bachelor Express, Inc: the doctrine of administrative remedies empowers the Office of the President to review any determination or disposition of a department head. o Carpio v. The Executive Secretary: doctrine of qualified political agency- as the President cannot be expected to exercise his control powers all at the same time and in person, he will have to delegate some of them to his Cabinet members.

11

Effects of Noncompliance: 1) does not affect the jurisdiction of the court; 2) merely results in the lack of a cause of action Remedy- motion to dismiss

Primary jurisdiction 1) applies where the claim is originally cognizable in courts 2) The judicial process is being suspended pending referral of the issues to the admin agency for its views.

Exhaustion of admin remedies The claim is cognizable in the first instance by the administrative agency alone Judicial interference being withheld until administrative process has run its course and the action of the agency is ripe for review.

12