Aktar

Defendant and appellant Eloise Anderson, Director of the California Department of Social Services, and the California Department of Social Services (hereafter, the Department), appeal an order granting a preliminary injunction in favor of plaintiffs and respondents Mustari Aktar, Ingrid Monakil, Henrietta Russell, and all persons similarly situated (hereafter, Aktar). The Department also filed a petition for writ of mandate requesting this court to dissolve the preliminary injunction. The two matters have been consolidated.

The trial court enjoined the Department from involuntarily collecting food stamp overissuances stemming from administrative error. A subsequent amendment to the federal food stamp law requires the states to pursue such overissuances by involuntary means, if necessary. The essential issue presented is whether existing state law requires the Department to comply with the amended federal law, or whether a new law must be enacted by the Legislature to compel compliance.

We conclude Welfare and Institutions Code section 10600 directs the Department to comply fully with federal law in administering its social service programs. Further, Welfare and…

The petition for rehearing in the above-entitled matter is hereby denied and the following supplemental opinion upon denial of rehearing (see e.g., City of Oakland v. Nutter (1970) 13 Cal.App.3d 752, 775 [ 92 Cal.Rptr. 347 ]) is certified for publication:

In the petition for rehearing, the Department contends Administrative Notice No. 97-25 should be given deference because the questions and answers therein, or Q&A’s, do not establish new policy but merely constitute interpretations of the clear intent of the legislation. However, as indicated, the Q&A’s do not cite any portion of the statute to support the Department’s assertion section 844 applies to preexisting administrative error overissuances. Further, as noted, section 844 itself is silent in this respect. The Q&A’s cannot vest section 844 with a meaning it clearly lacks. Therefore, the Department’s reliance on the Q&A’s to enlarge the reach of section 844 is misplaced.

The petition for rehearing also contends that under the pre-PRWORA regulations, collection of administrative error overissuances was mandatory, not permissive, and therefore application of section 844 to preexisting administrative error overissuances would…

Defendant and appellant Eloise Anderson, Director of the California Department of Social Services, and the California Department of Social Services (hereafter, the Department), appeal an order granting a preliminary injunction in favor of plaintiffs and respondents Mustari Aktar, Ingrid Monakil, Henrietta Russell, and all persons similarly situated (hereafter, Aktar). The Department also filed a petition for writ of mandate requesting this court to dissolve the preliminary injunction. The two matters have been consolidated.

The trial court enjoined the Department from involuntarily collecting food stamp overissuances stemming from administrative error. A subsequent amendment to the federal food stamp law requires the states to pursue such overissuances by involuntary means, if necessary. The essential issue presented is whether existing state law requires the Department to comply with the amended federal law, or whether a new law must be enacted by the Legislature to compel compliance.

We conclude Welfare and Institutions Code section 10600 directs the Department to comply fully with federal law in administering its social service programs. Further, Welfare…