Miller v. West

• Citation: 88 Nev. 105,493 P.2d 1332
• Decision Date: 24 February 1972
• Docket Number: No. 6500,6500
• Parties: George E. MILLER et al., Appellants, v. Henry A. WEST (Pat West), Respondent.
• Court: Supreme Court of Nevada

Page 1332

493 P.2d 1332

88 Nev. 105

George E. MILLER et al., Appellants, v. Henry A. WEST (Pat West), Respondent.

No. 6500.

Supreme Court of Nevada.

Feb. 24, 1972.

Rehearing Denied March 13, 1972.

[88 Nev. 106] Robert List, Atty. Gen. and Margie Ann Richards, Deputy Atty. Gen. (Welfare Division), Carson City, for appellants.

B. Mahlon Brown, III, Clark County Legal Aid Society, Las Vegas, for respondent.

OPINION

BATJER, Justice:

The respondent is and for several years has been a recipient of financial aid to the blind under NRS 426.010--426.500. His wife and four children are recipients of financial aid from the Nevada Welfare Division's aid to dependent children program.

In December of 1969 the respondent was receiving $229.00 per month from the aid to the blind program, and his wife and four children were receiving $81.00 per month from the aid to dependent children program. On December 18, 1969, the appellants notified the respondent that his aid to the blind grant was being reduced to a total of $10.00 per month, and that his family's aid to dependent children grant was being increased to $160.00 per month. The overall net effect of these changes resulted in a decrease in aid to the respondent and his family of $140.00 per month.

In an effort to have the original monthly grants restored, the respondent filed a request for a hearing with the Nevada State Welfare Board. An administrative hearing was held, and the respondent was informed of the reasons for the changes and that the original grants would not be restored. The major reason for the budgetary changes was that the Welfare Division had adopted a shelter-splitting policy whereby the respondent's shelter needs would be allocated to his aid to the blind budget, and those of his family would be allocated to the aid to dependent children budget. Prior to this time the shelter needs of all six members of the family were included in the respondent's aid to the blind budget. The total shelter needs remained constant, but the total aid received was decreased because the aid to dependent children program compensates at a lower percent of total need than does the aid to the blind program. The remaining decrease in the budget was due to the Welfare Division's decision to disallow the respondent the privilege of diverting his social security income to meet the 'needs' of his family. Since this income could no longer be diverted it was included in the respondent's own-resources section of his aid to the blind budget, and his needs, according to the Welfare Division's tables, were calculated to be only $10.00 per month.

In an effort to obtain judicial relief, the respondent filed a complaint for injunction with the district court. This complaint was answered but no hearing was held nor was any action taken on the matter. The parties then entered into a stipulation which provided for resumption of the pre-December aid until the legal issues were resolved, and for the filing of amended pleadings. The respondent did file an amended complaint and the district court found for him on all of the issues raised therein. The appellants contend that this procedure did not properly confer jurisdiction upon the lower court and that as a consequence its judgment is void.

An applicant for aid to the blind, if he is aggrieved by a decision of the Welfare Division and seeks judicial review, must comply with the provisions of NRS 426.450 which require one to petition the district court to review such decision. ¹ The complaint for injunction first filed by the respondent was not a proper vehicle for seeking redrees through the courts. See Villa v. Arrizabalaga, 86 Nev. 137, 139, 466 P.2d 663 (1970). If the amended complaint meets the statutory requirements it confers jurisdiction upon the district court. Las Vegas Network v. B. Shawcross, 80 Nev. 405, 407, 395 P.2d 520 (1964); McFadden v. Ellsworth Mill and Mining Company, 8 Nev. 57, 60 (1872). However, as the appellant contends, the respondent failed to proceed pursuant to NRS 426.450(3) and only through his self-serving declaration in the amended complaint to the effect that he had exhausted his administrative remedies in accordance with NRS 426.450 and that he was correctly seeking relief in the district court can it possibly be construed that the district court had jurisdiction. Nevertheless, the district court proceeded to review the decision of the Welfare Division and entered a judgment against the appellants. Although we commend to the respondent and the district court a much closer adherence to the provisions of NRS 426.450(3), we will, for the purpose of this appeal and to secure a just, speedy and inexpensive determination of this action (NRCP 1) consider that the trail court did have jurisdiction to enter judgment.

In reviewing the decision of the Welfare Division, this court is limited to the same scope of review as the district court. It is the function of this court as well as the lower court to review the evidence presented to the board to determine if the board's decision was supported by the evidence, and to ascertain whether that body acted arbitrarily, capriciously or contrary to the law. NRS 426.450(3); Barnum v. Williams, 84 Nev. 37, 436 P.2d 219 (1968); Nevada State Bd. Chiropractic Exam'rs v. Babtkis, 83 Nev. 385, 432 P.2d 498 (1967).

The major change in the grants to the respondent and his family was due to the Welfare Division's new policy of allocating five-sixths of the family's shelter needs to the aid to dependent children program, and one-sixth to the aid to the blind program. The lower court ruled that this new policy of prorating shelter needs was an improper combinantion of the aid to the blind program with other Welfare Division programs. The lower court erred in this decision inasmuch as NRS 426.040(2) specifically provides that all aid to a blind recipient is intended to help him meet his individual needs and is not for the benefit of any other person, unless that other individual is a 'needy essential person' as defined by the State Welfare Board. ² The respondent's wife and children were not needy essential persons because their needs were met by the aid to dependent children program. The policy of the Welfare Division in prorating shelter needs is consistent with NRS 426.040 because such a policy provides aid to meet the individual needs of the blind recipient. The respondent asserts that 'his individual needs' include the needs of his family, but the legislature has clearly determined that the aid to the blind budget is to be used to provide for the individual needs of the blind recipient, and that other programs be used to satisfy the needs of others. NRS 426.040(2); see NRS 426.030(2).

At the time the appellants decided to withhold from the respondent the privilege of diverting his social security income from the own-resources section of his aid to the blind budget he was a student at the University of Nevada at Las Vegas. As a student, he was engaged in a state-approved plan for achieving self support and special regulations within 42 U.S.C. § 1202, ³ pertaining to the diversion of income, applied. However, the respondent has since graduated from the university and is no longer participating in a plan for achieving self support. Since he no longer comes within the provisions of 42 U.S.C. § 1202 there is no judicable controversy presented nor can effective relief be granted, and it is the duty of this court to dismiss this issue as moot. We have repeatedly refused to render opinions on moot questions or abstract propositions....