Exhaustion is often Required in Several Situations that involve constitutional claims: 1) If Exhaustion is jurisdictional rather than discretionary, even on-the face constituitonal claims be first presented to the agency. (Avocados) [Exception: if the constitutional issues is wholly collaterl] 2) if the case presents both Con issues and non-con issues 3) If it is applied to the plaintiff as opposed to applied to on-the-face attack of the statute. 4) If the agency is empowered by state law to rule on constitutional issues.