Rosas

Among several statutory standards of eligibility which a person must meet in order to qualify for public assistance (“ATD”) under California’s “Aid to the Needy Disabled” program (Welf. & Inst. Code, § 13500 et seq. ), he must be disabled by a physical or mental “impairment.” We hold on this appeal that an applicant afflicted with alcoholism cannot be disqualified upon the sole basis of an administrative regulation adopted by the Director of the Department of Social Welfare and purporting to exclude alcoholism as a qualifying “impairment.”

In June 1967, appellant Alex F. Rosas applied to the Alameda County Welfare Department for ATD benefits. The county denied his application, whereupon he requested and received a hearing by the SDSW pursuant to sections 10950-10957, inclusive. After the hearing the SDSW referee proposed, and the director adopted on May 19, 1968, an administrative decision denying the ATD claim. (See §§ 10958-10959.) After a rehearing (§ 10960), a similar decision was proposed; the director adopted it on October 21, 1968.

Appellant having exhausted his administrative remedy (§ § 10960,10962) he commenced this action in mandamus, against the director, to…