McCullough

McCullough v. Terzian

Good Law
1970 Cal. LEXIS 297·2 Cal. 3d 647·87 Cal. Rptr. 195·470 P.2d 4·47 A.L.R. 3d 266
Supreme Court of CaliforniaJune 16, 1970S.F. 22717California3,745 words

Opinion

Opinion

Mosk, J.

The Department of Social Welfare has adopted a regulation under which persons who are receiving welfare payments through certain aid programs but who are deemed by a county welfare department as probably ineligible for continued benefits or entitled only to reduced payments may controvert the county’s decision to withhold future benefits. (Public Social Services Manual, Reg. 44-325.43.)

Under this regulation the recipient is entitled to appear before his caseworker or other responsible person employed by the county department to learn the nature and extent of the information upon which his aid has been withheld and to make any explanation or provide any intelligence he may desire. The hearing is held prior to the date the payment is due and if the department does not alter its decision to withhold benefits the recipient' is immediately deprived of further payments. He may request a fair hearing-—a term of art provided in section 10950 et seq. of the Welfare and Institutions Code—but such a hearing does not occur until after benefits have been'discontinued or reduced. Judicial review is available from a determination made upon a fair hearing. (Welf. & Inst. Code, §…

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