Blanco v. Anderson

39 F.3d 969, 94 Daily Journal DAR 15501, 94 Cal. Daily Op. Serv. 8366, 1994 U.S. App. LEXIS 30486, 1994 WL 596549
CourtCourt of Appeals for the Ninth Circuit
DecidedNovember 2, 1994
DocketNo. 94-15183
StatusPublished
Cited by6 cases

This text of 39 F.3d 969 (Blanco v. Anderson) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Blanco v. Anderson, 39 F.3d 969, 94 Daily Journal DAR 15501, 94 Cal. Daily Op. Serv. 8366, 1994 U.S. App. LEXIS 30486, 1994 WL 596549 (9th Cir. 1994).

Opinion

NOONAN, Circuit Judge: .

Cindy Blanco, a resident of Yuba County, and Karen Wilson and Melissa Goetz, residents of Humboldt County, and others similarly situated, sued Eloise Anderson as Director, California Department of Social Services (DSS), and S. Kimberly Belshe as Director, California Department of Health Services (DHS). The plaintiffs contended that the defendants were in violation of the federal Food Stamp Act, 7 U.S.C. §§ 2020, 2025, the Aid to Families with Dependent Children (AFDC) statute, 42 U.S.C. § 602(a)(10)(A) and the federal Medicaid statute, 42 U.S.C. § 1396a(a)(8), because the defendants had approved weekday closings of the county welfare offices administering these programs in Humboldt County, Yuba County and other unnamed counties. The district court granted the plaintiffs’ request for an order requiring the defendants to review the hours of operation of the county welfare offices, but declined to grant further relief. The plaintiffs appealed. We remand for reshaping of the court’s order.

PROCEEDINGS

On June 9, 1993, the plaintiffs filed then’ first amended complaint seeking an injunction requiring the defendants not to permit the closing of the county welfare offices to the public during “normal working days” and a declaratory judgment that “regular weekday closings” of the county welfare offices to the public violated the federal Food Stamp, AFDC and Medicaid Acts and also violated the federal constitution.

The defendants moved to dismiss for failure to state a claim. On August 9, 1993, the district court denied this motion and certified the action as a class action.

Each party filed a motion for summary judgment. The facts were undisputed. The defendants did not deny the weekday closings, including the closings for 12 days during the Christmas season of 1992 by Sonoma and Inyo counties. The counties alleged various reasons of administrative convenience for their practice. The district court ordered the defendants to conduct a review of the hours of operation of the food stamp offices and enjoined workday closing of county welfare offices until the review was completed. Otherwise, the district court granted the de[971]*971fendants’ motion for summary judgment. The defendants do not appeal the order to conduct a review. The plaintiffs appeal the district court’s statutory rulings.

ANALYSIS

Hours Of Being Open To The Public.

As amended in 1985, the Food Stamp Act directs the Secretary of Agriculture to “(1) establish standards for the efficient and effective administration of the food stamp program by the States, including standards for the periodic review of the hours that food stamp offices are open during the day, week, or month to ensure that employed individuals are adequately served by the food stamp program, and (2) instruct each State to submit, at regular intervals, reports which shall specify the specific administrative actions proposed to be taken and implemented in order to meet the efficiency and effectiveness standards established pursuant to clause (1) of this subsection.” 7 U.S.C. § 2025(b).

This language is the only portion of the Food Stamp Act dealing with the hours that food stamp offices are “open.” The statute plainly assures state reporting on, and federal supervision of, the hours the offices are open. The statute, just as plainly, does not determine what hours must be kept by the offices. The regulation which implements the statute declares in so many words: “State agencies shall be responsible for determining the hours that food stamp offices shah be open.” 7 C.F.R. § 272.4(g).

Faced with this clear statute and explicit regulation, we can find nothing in federal law imposing a federal obligation as to the hours the county welfare offices must stay open to the public.

Hours of opening are not specified by the federal legislation on AFDC and Medicaid. Assistance under AFDC is to be provided “with reasonable promptness.” 42 U.S.C. § 602(a) (10) (A); and the regulations require the assistance to be furnished “without any delay attributable to the agency’s administrative process,” 45 C.F.R. § 206.10(a)(5)(i), and specify that the application be processed within 45 days of filing. 45 C.F.R. § 206.10(a)(3). Similarly, Medicaid is to be provided “with reasonable promptness,” 42 U.S.C. § 1396a(a)(8), “without any delay caused by the agency’s administrative procedures,” 42 C.F.R. § 435.930(a), and within 45 days of application, 42 C.F.R. § 435.911. We find nothing in the statute or the regulations requiring county welfare offices to be open on certain days or hours.

Access For Application Purposes.

The plaintiffs ask for too much. But they have a lesser request that falls within their larger one. They contend that the offices should be accessible for applications for assistance. In particular, they point out that federal law requires the following: “... that each household which contacts a food stamp office in person during office hours to make what may reasonably be interpreted as an oral or written request for food stamp assistance shall receive and shall be permitted to file, on the same day that such contact is first made, a simplified, uniform national application form for participation in the food stamp program designed by the Secretary.” 7 U.S.C. § 2020(e)(2). The plaintiffs argue that the purpose of the statutory requirement that a food stamp applicant may file an application on the same day that contact is first made is to assure that the applicant will receive food stamps for the entire period beginning with the day of contact. The plaintiffs point out that if, as in Humboldt County, the welfare office is closed on Friday, it will not receive applications on that day: therefore, an applicant must wait until Monday and lose three days of eligibility for food stamps in the month of application; the applicant may lose four days if a Monday holiday follows the weekend. This loss is substantial, three days in a 30-day month, amounting to a 10 percent loss of food stamps for that month. The plaintiffs maintain that the defendants should not be allowed to frustrate the statutory requirement by simply not accepting any contacts on a given day. They point to the egregious cases of Sonoma and Inyo Counties’ closing of the welfare offices for 12 days during the Christmas Season of 1992.

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39 F.3d 969, 94 Daily Journal DAR 15501, 94 Cal. Daily Op. Serv. 8366, 1994 U.S. App. LEXIS 30486, 1994 WL 596549, Counsel Stack Legal Research, https://law.counselstack.com/opinion/blanco-v-anderson-ca9-1994.