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Darby v. Cisneros | 509 U.S. 137 (1993)

Can an administrative agency order be final if the injured party hasn’t exhausted all its potential administrative appeals? The United States Supreme Court considered that question in 1993’s Darby versus Cisneros.

The National Housing Act authorized the Department of Housing and Urban Development, or HUD, to provide mortgage guarantees to induce contractors to build housing in poor communities. HUD developed a specific program to provide mortgage guarantees for single-family housing.

Gordon Darby, a South Carolina builder of multifamily dwellings, developed a plan to obtain mortgage insurance from the HUD single-family mortgage insurance program. HUD officials confirmed that Darby’s plan was legal, and he successfully financed three multiunit projects that way. A HUD audit determined that Darby hadn’t done anything illegal, misleading, or fraudulent. Nevertheless, HUD later issued an order permanently barring Darby from participation in future HUD projects.

Darby appealed the HUD order, and an administrative law judge, or ALJ, conducted a hearing. The ALJ reduced Darby’s expulsion to eighteen months.

HUD regulations stated that any aggrieved party could request that the secretary of HUD review an ALJ’s decision within fifteen days. However, the ALJ’s order was final unless the secretary agreed to review it.

Neither party sought the secretary’s review. Instead Darby filed suit seeking a judgment overturning the administrative sanctions. HUD Secretary Henry Cisneros moved to dismiss the complaint because Darby hadn’t exhausted his administrative remedies. The district court denied the motion, then ruled that the HUD order was unwarranted. The Fourth Circuit reversed, ruling that Darby had failed to exhaust his administrative remedies. To resolve a circuit split, the Supreme Court granted Darby’s cert petition

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