Sheyko

This case involves regulations issued by the California Department of Social Services (Department) implementing the Statewide Fingerprint Imaging System (SFIS) mandated by the Legislature. (Welf. & Inst. Code, § 10830; further unspecified section references are to this code.) The Legislature required the Department to develop a system of electronic fingerprint imaging of welfare applicants and recipients, to try to reduce endemic fraud. The Department implemented the legislation by adopting regulations in its Manual of Policy and Procedures (hereafter, Regulations). Plaintiffs (collectively, Sheyko) sued to stop certain aspects of the system as adopted, claiming the Department’s regulations exceeded statutory authority. The trial court ruled partly in Sheyko’s favor and issued a writ of mandate commanding the Department to refrain from certain practices, amend regulations and notify county welfare departments about the judgment. The Department appealed, and Sheyko cross-appealed to pursue those of her claims which the trial court rejected.

The Department has refined its case for the appeal. The trial court was not provided with the same arguments provided to this court.…