Abraham v Kosrae [1999] FMKSC 2; 9 FSM Intrm. 57 (Kos. S. Ct. Tr. 1999) (25 February 1999)

KOSRAE STATE COURT
TRIAL DIVISION
Cite as Abraham v. Kosrae, 9 FSM Intrm. 57 (Kos. S. Ct. Tr. 1999)

[9 FSM Intrm. 57]

SEPE P. ABRAHAM,
Plaintiff,

vs.

STATE OF KOSRAE,
Defendant.

CIVIL ACTION NO. 12-98

RULING ON FAILURE TO EXHAUST ADMINISTRATIVE REMEDIES

Aliksa B. Aliksa
Acting Chief Justice

Hearing: February 1, 1999
Decided: February 25, 1999

APPEARANCES:

For the Plaintiff:
Canney Palsis
Micronesian Legal Services Corporation
P.O. Box 38
Lelu, Kosrae FM 96944

For the Defendant:
Debra S. Blum, Esq.
Assistant Attorney General
Office of the Kosrae Attorney General
P.O. Box 870
Tofol, Kosrae FM 96944

* * * *

HEADNOTES

Civil Procedure; Jurisdiction
Whether a court has subject matter jurisdiction is an issue that may be raised at any time. Abraham v. Kosrae, 9 FSM Intrm. 57, 59 (Kos. S. Ct. Tr. 1999).

Administrative Law - Judicial Review
Administrative procedures, where applicable and valid, must be followed before seeking judicial disposition of matter. It is incumbent on parties to follow administrative procedures concerning their disputes as designated by applicable state law before coming to court unless and until the state law is judged invalid. Abraham v. Kosrae, 9 FSM Intrm. 57, 60 (Kos. S. Ct. Tr. 1999).

Administrative Law - Judicial Review; Public Officers and Employees - Kosrae
When the administrative steps essential for court review of employment terminations have not yet been completed, the court cannot review the termination. Abraham v. Kosrae, 9 FSM Intrm. 57,

[9 FSM Intrm. 58]

60 (Kos. S. Ct. Tr. 1999).

Administrative Law
Generally, the validity of a regulation depends on whether the administrative agency had the power to adopt the particular regulation. The regulation must be within the matter covered by the enabling statute. Abraham v. Kosrae, 9 FSM Intrm. 57, 60 (Kos. S. Ct. Tr. 1999).

Administrative Law
A regulation, valid when promulgated, becomes invalid upon the later enactment of another statute which is in conflict with the regulation. However, an administrative regulation will not be considered as having been impliedly invalidated by a subsequent act of the legislature unless the regulation and the later law are irreconcilable, clearly repugnant and inconsistent that they cannot have concurrent operation. Abraham v. Kosrae, 9 FSM Intrm. 57, 60 (Kos. S. Ct. Tr. 1999).

Administrative Law