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R. Gordon Darby was a South Carolina real estate developer specializing in the development and management of multifamily rental projects. In the 1980s, working with a mortgage banker’s plan, Darby was able to obtain mortgage insurance from the Department of Housing and Urban Development (HUD). The plan was later determined to be inconsistent with a department regulation. The assistant secretary proposed to debar (suspend) Darby from further participation in HUD programs. Darby contested the suspension, but following an administrative hearing, an ALJ upheld an eighteen-month debarment from all federal programs. Darby failed to request a review from the HUD secretary within fifteen days of receipt of the ALJ’s determination. He later sought a judicial review of the ALJ’s action. Did Darby’s failure to avail himself of a HUD secretary review forestall his right to judicial review?