Walker v. Karpan

Decision Date30 September 1986
Docket NumberNo. 85-240,85-240
Citation726 P.2d 82
PartiesMarcia WALKER, Appellant (Plaintiff), v. Kathleen M. KARPAN, in her official capacity as Director, Julia E. Robinson, in her official capacity as Administrator of the State of Wyoming Department of Health and Social Services Division of Public Assistance & Social Service, Appellees (Defendants).
CourtWyoming Supreme Court

Duane Myres, Casper, for appellant.

A.G. McClintock, Atty. Gen., Carole Shotwell, Sp. Asst. Atty. Gen., Whitehead, Zunker, Gage, Davidson & Shotwell, P.C., Cheyenne, for appellees.

Before THOMAS, C.J., and BROWN, CARDINE, URBIGKIT and MACY, JJ.

THOMAS, Chief Justice.

The sole question presented in this case is whether Marcia Walker should have been afforded a hearing prior to the termination of benefits for her and her minor son under the Aid to Families with Dependent Children (AFDC) program. The Department of Health and Social Services (Department) denied a hearing after furnishing notice to Marcia Walker of the termination of benefits and of her opportunity to request a hearing, and that action was affirmed by order of the district court upon a petition for review presented by Walker. We hold that given the circumstances reflected in the record the law does not require that a fair hearing be granted to Marcia Walker, and we affirm the judgment of the district court.

Prior to May 20, 1985, Marcia Walker and her minor son were receiving benefits under the AFDC program. Another son was receiving social security benefits due to the death of his father. The total of these benefits for the three-member family was $688 per month. The rules of the Division of Public Assistance and Social Services (DPASS) were changed prior to May 20, 1985, in accordance with the Deficit Reduction Act of 1984, Public Law 98-369. Section 2640(a) of Public Law 98-369 provided that § 402(a) of the Social Security Act would be amended by inserting among others the following new paragraph which provided in pertinent part:

"(38) * * * [I]n making the determination under paragraph (7) with respect to a dependent child and applying paragraph (8), the State agency shall (except as otherwise provided in this part) include--

* * *

* * *

"(B) [A]ny brother or sister of such child, if such brother or sister meets the conditions described in clauses (1) and (2) of § 406(a), if such * * * brother, or sister is living in the same home as the dependent child, and any income of or available for such * * * brother, or sister shall be included in making such determination and applying such paragraph with respect to the family * * *."

Title 45 C.F.R. § 206.10(a)(1)(vii) (1982) then was amended to provide that the definition of assistance unit included all related children, that is both of the minor sons of Marcia Walker. 49 Fed.Reg. 35,599 (1984) (to be codified at 45 C.F.R. § 206.10). Consistently with the amendment to the statute, existing federal AFDC policy, which permitted the exclusion of a child receiving social security benefits such as Walker's one son received, was stated to be no longer valid, and State Letter 1088, which promulgated that policy, was revoked. 49 Fed.Reg. 35,588-35,589 (1984) (to be codified at 45 C.F.R. § 206.10). The Wyoming Public Assistance Manual at § 5006.02 was changed to conform with the federal requirements.

The effect of these changes on the situation of Marcia Walker was that the social security benefits received by the one minor son had to be considered in determining the level of need of the three-person assistance unit. The result of these changes, in accordance with appropriate calculations, was that the AFDC benefit of $320 previously paid to Walker and the minor son who did not receive social security was eliminated. An employee of the Wyoming DPASS then advised Walker that the benefits would be terminated.

Upon receiving that advice Walker requested a fair hearing, or agency appeal of the termination. She indicated that her reason for requesting the hearing was to determine whether DPASS legally could terminate the benefits. On June 13, 1985, a letter from the Wyoming Department of Health and Social Services was sent to Walker denying the request for fair hearing. Walker received that letter June 27, 1985, and on July 25, 1985, she filed a petition for review in the district court. After amending the petition on July 26, 1985, Walker also filed motions requesting the district court to order the Department to afford her a hearing and to continue her benefits until the hearing was held.

While the proceedings were pending in the district court, Walker received another notice of termination on August 16, 1985, and she again requested a fair hearing on August 26, 1985. The district court entered an order on September 3, 1985, affirming the June denial of a hearing. Walker's benefits then were terminated on September 5, 1985. Walker filed a motion to vacate the district court's order on September 11, 1985, which the district court granted on September 12, 1985, but on September 18, 1985, another order was entered affirming the denial of the fair hearing. After that the Department of Health and Social Services sent Marcia Walker a letter on October 16, 1985, which informed her that her second request for a fair hearing, the one presented on August 26, 1985, also was denied. Walker's appeal is from the order of the district court affirming the denial of a fair hearing.

Walker's statement of the issues discloses that she attacks the denial of a hearing on all possible theories. Her statement of issues is:

"1. When the Department of Public Assistance and Social Services (hereinafter Agency or D-PASS) gives Claimant notice that they intend to terminate her AFDC benefits and Claimant timely requests a fair hearing to determine whether or not the Agency has the legal right to terminate her AFDC grant and/or reduce said benefit levels, does the denial of a fair hearing by the Agency violate Claimant's constitutional right of procedural due process under the Fourteenth Amendment of the United States Constitution which requires that she be afforded an evidentiary hearing before termination of her benefits by the Agency? See Goldberg v. Kelly, 397 U.S. 254, 25 L.Ed.2d 287, 90 S.Ct. 1011 (1970).

"2. Was the Agency's decision to deny Claimant's requests for fair hearing based upon Public Welfare, 45 C.F.R. § 205.10(a)(5)(v) unlawful in one or all of the following ways:

"A. Arbitrary, capricious, an abuse of discretion or otherwise not in accordance with law; and/or

"B. Contrary to Claimant's constitutional right to due process; and/or

"C. In excess of statutory jurisdiction, authority or limitations or lacking statutory right; and/or

"D. Without observance of procedure required by law?

"3. Does the Agency's Rules and Regulations, Chapter 1, Procedures for the Conduct of Contested Case Hearings, Section 15, Decisions and Section 17(c)(5), Transcripts and Records, comply with the procedural due process requirements of Article I, Section 6 of the State of Wyoming's Constitution and the Fourteenth Amendment of the United States Constitution as set forth in detail by the United States Supreme Court in Goldberg?

"4. Did the District Court incorrectly find that:

"A. The Claimant's Petition for Review is based upon an incorrect assumption that she has a constitutionally protected interest in her AFDC benefits; and/or

"B. That W.S. § 16-3-106 applies to this Petition for Review and therefore the Agency decision is not subject to review;

"and thereby incorrectly decide that the Agency decision be affirmed and the Petition for Review be denied?

"5. Was the District Court in error not to decide Appellant's Petition for Review in accordance with W.S. § 16-3-114 and, thereby failing to find that the Agency's denial of Appellant Marcia Walker's request for hearing was wrong in that:

"A. The Agency action of failure to grant a fair hearing was unlawful;

"B. The Agency action of refusing to grant a fair hearing was:

"1. Arbitrary, capricious, an abuse of discretion or otherwise not in accordance with law; and/or

"2. Contrary to Claimant's constitutional right to procedural due process as guaranteed by the Fourteenth Amendment to the United States Constitution and by Article I, Section 6 of the Wyoming Constitution; and/or

"C. In excess of the Agency statutory authority and in direct conflict with Claimant's statutory rights; and/or

"D. Without observance of procedure required by law; and/or

"F. That the Agency decision was unsupported by substantial evidence on the record?

"6. Did the District Court Judge abuse his discretion under W.S. § 16-3-114 and Rule 12, W.R.A.P. in failing to comply with said Rule by not compelling the Agency to complete the record prior to the District Court's decision denying any and all requests that motions or oral arguments be set or heard and by denying any written briefs be filed before he, on his own initiative and without notice to either party, affirmed the Agency's denial of Appellant's request for a fair hearing and denying Appellant's Petition for Review?" 1

The appellees state the issues for decision as follows:

"A. The Department of Health and Social Services, Division of Public Assistance and Social Services denial of appellant's request for hearing upon termination of benefits from the Aid to Families with Dependent Children Program did not violate appellant's rights under the due process and equal protection clauses of the 14th Amendment to the United States Constitution, as interpreted in Goldberg v. Kelly, 397 U.S. 254, 25 L.Ed.2d 287, 90 S.Ct. 1011 (1970).

"B. The Division of Public Assistance and Social Services did not act arbitrarily or capriciously, exceed its jurisdiction or abuse its discretion in denying appellant's request for a hearing.

"C. The District Court, reviewing the appellant's petition under W.R.A.P. 12.09, correctly confined its review to the issues before the agency and correctly confined its...

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