Shor

Appellant Nancy Shor pled guilty to welfare fraud. She was ordered to pay $6,841.86 in restitution to the Department of Social Services (the Department) as a condition of probation. Subsequently, in an administrative proceeding, the Department concluded that Ms. Shor must repay the entire amount she wrongfully received ($21,919). Ms. Shor filed a petition for writ of administrative mandamus (Code Civ. Proc., § 1094.5) in the superior court to overturn the Department’s decision. The petition was denied and Ms. Shor has appealed.

On appeal, Ms. Shor contends that the Department (1) is collaterally estopped from claiming more than $6,841.86 in restitution, and (2) waived any right to restitution above $6,841.86. We affirm the judgment.

I

Facts

From 1982 to 1986 Ms. Shor received $21,919 in aid to families with dependent children (AFDC) benefits. However, she was not entitled to those benefits because she had money in unreported bank accounts that exceeded the allowable $1,000 resource limit.

In January 1987 the Department notified Ms. Shor that she had been overpaid $21,919 and demanded payment of the entire sum. Ms. Shor requested an administrative hearing on the…