Arizona State Department of Public Welfare v. Department of Health, Education & Welfare

Following a hearing, the Secretary of Health, Education and Welfare (the Secretary), acting through the Administrator of Social and Rehabilitation Service (the Administrator), determined that certain public-assistance plans of the State of Arizona failed to conform to requirements imposed by federal law and regulations. The Secretary ordered that federal financial support for the affected Arizona public-assistance programs be discontinued for the duration of the non-conformities. In No. 71-1177, Arizona' petitions this court for review of the Secretary’s final decision, under 42 U.S.C. § 1316 (a). Several organizations representing welfare recipients had participated in the hearing as intervenors. Those organizations seek to intervene as respondents in No. 71-1177. In addition, in No. 71-1250 intervenors 1 petition this court for review of a procedural ruling made during the conformity hearing and affirmed by the Secretary. We affirm the Secretary’s determinations in No. 71-1177; we dismiss No. 71-1250 for want of jurisdiction.

A. The Statutory Scheme.

Pursuant to the Social Security Act (the Act), the federal government provides grants-in-aid to states that administer programs…