Carleson

Plaintiffs appeal from judgment for defendant following denial of plaintiffs’ motion for summary judgment and granting of defendant’s motion for summary judgment. The trial court found no violation of regulations, statutes or the Constitution by the Director. This is a class action by five named plaintiffs who applied for ATD (Aid to the Needy Disabled, *56 Welf. & Inst. Code, §§ 13500-13801.) * The purpose of the ATD program is to provide assistance to persons who are both permanently impaired and totally disabled. (§ 13501.)

Each of the five named plaintiffs was found eligible for ATD in the referee’s proposed decision, but was denied aid in the Director’s alternate decision. A copy of both decisions was sent to each applicant as required by law. Plaintiffs now contend that defendant’s procedure was unlawful in that no reasons were given for the Director’s alternative decision.

An applicant who is denied aid has the right to a fair hearing conducted by refereés employed by the Department of Social Welfare or hearing officers of the Office of Administrative Procedure. (§§ 10950, 10953.) (References hereinafter to “referees” include hearing officers.) Testimony is…