Camerena v. Department of Public Welfare

449 P.2d 957, 9 Ariz. App. 120
CourtCourt of Appeals of Arizona
DecidedApril 15, 1969
Docket1 CA-CIV 719
StatusPublished
Cited by7 cases

This text of 449 P.2d 957 (Camerena v. Department of Public Welfare) is published on Counsel Stack Legal Research, covering Court of Appeals of Arizona primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Camerena v. Department of Public Welfare, 449 P.2d 957, 9 Ariz. App. 120 (Ark. Ct. App. 1969).

Opinions

STEVENS, Judge.

This is an appeal from a judgment of the Superior Court for Maricopa County, denying appellant’s petition for writ of cer-tiorari or, in the alternative, a writ of mandamus, wherein she sought to have certain laws and regulations relating to “Aid to Dependent Children” declared void.

The stipulated facts indicate that As-cención Camerena and her 11 minor children were receiving Welfare Benefits entitled “Aid to Dependent Children”, commonly known as A.D.C., from appellees. Prior to being placed on the program the children were investigated, pursuant to applicable law, and found to be eligible for A.D.C. on the basis of the knowledge ap-pellees then had.

Thereafter, by letter dated 21 January, 1966, appellant was advised as follows:

“This is to inform you that your Aid to Dependent Children grant of $220 is being suspended, effective February, 1966. This action is being taken due to the fact that Mr. Antonio Valenzuela was found to be living in your home.
“If you have any questions regarding this decision, please get in touch with me.
“If you are not in agreement with this decision, you have the right to a hearing. Forms for filing an appeal are furnished by this office.
“We will assist you in completing these forms if you desire such help.”

Valenzuela was the father of the two youngest children. Aside from this purported violation the minor children were qualified for and entitled to payments pursuant to A.D.C.

On 19 April, 1966, after the suspension went into effect, the appellant requested a hearing. A hearing was set for 2 May, 1966, and was continued until 9 May, 1966, at the request of her counsel. On 8 June, 1966, a decision was reached upholding the suspension from the welfare rolls.

From February 1966, until the date of the decision of the Welfare Department on 8 June, 1966, no A.D.C. payments were made to the petitioner for the minor children. The decision of 8 June, 1966, was final under A.R.S. § 46-205, subsec. C.

On 16 August, 1966, the appellant filed a petition for a writ of certiorari, or in the alternative for a writ of mandamus, with the Superior Court. Issues were joined, a stipulation of facts was entered into, and the case was argued before the trial court on 15 December, 1966. The hearing involved no testimony, but the questions of law revolved around the stipulated facts [122]*122and the exhibits attached thereto were argued. The court entered its judgment denying the petition for extraordinary relief. The appellant appealed to the Arizona Supreme Court. The Supreme Court did not undertake jurisdiction and appeal was transferred to the Court of Appeals. In the Court of Appeals, the appellees argued several facts which go beyond the matters contained in the Stipulation of Facts. Although we find these additional facts colorful, we are unable to consider any matters outside the stipulated facts. Rule 52(c), Arizona Rules of Civil Procedure, 16 A.R.S.

The issues which we must determine are as follows:

(1) Whether termination of A.D.C. benefits without a prior hearing constituted a violation of procedural due process under Article 2, Section 4, of the Arizona Constitution, A.R.S., or the Fourteenth Amendment to the United States Constitution.

(2) Whether subsection 3 of A.R.S. § 46-292 relating to the requirements for eligibility for assistance is an unconstitutional delegation of legislative power.

(3) Whether the A.D.C. Act is unconstitutional for failing to provide for judicial review of decisions of the State Department of Welfare.

PROCEDURAL DUE PROCESS

Appellant first contends that the suspension of A.D.C. benefits without affording appellant a prior hearing constituted a violation of due process. She urges, alternatively, that either A.R.S. § 46-204, subsec. B, which relates to the opportunity for a hearing when A.D.C. benefits are modified or suspended, is unconstitutional because it does not require a prior hearing, or, if the statute can be interpreted as requiring a prior hearing, the application of the statute in this instance was an unconstitutional deprivation of due process because appellant was not afforded an opportunity for a prior hearing.

It is firmly established that when a person has been aggrieved by the action taken by a governmental agency, such person has the constitutional right to a hearing on issues of adjudicative facts. McGee v. Arizona State Board of Pardons and Paroles, 92 Ariz. 317, 376 P.2d 779 (1962); Schecter v. Killingsworth, 93 Ariz. 273, 380 P.2d 136 (1963); Bennett v. Arizona State Board of Welfare, 95 Ariz. 170, 388 P.2d 166 (1963); Londoner v. City and County of Denver, 210 U.S. 373, 28 S.Ct. 708, 52 L.Ed. 1103 (1908).

It is clear in this instance that the suspension of welfare benefits involved adjudicative facts, as distinguished from legislative facts. It is also clear that appellant was afforded a hearing subsequent to the time the appellees suspended the welfare benefits. The narrow question which we are called upon to determine is whether the appellant was deprived of due process by reason of the suspension of benefits without affording her an opportunity to be heard prior to the suspension becoming final.

Our research discloses numerous federal decisions which hold that a governmental agency must afford a person an opportunity for a hearing before the action taken by the agency becomes final. Cases enunciating this doctrine include Londoner v. City and County of Denver; Dixon v. Alabama State Board of Education, 294 F.2d 150 (5 Cir., 1961).

The Arizona case which seems most pertinent to the issue at hand is Schecter. That case involved that portion of Arizona’s Financial Responsibility Act which provides for the suspension of a driver’s license unless financial responsibility is shown. The statute contains two provisions for a hearing:

(1) upon request by a person aggrieved by action of the superintendent; and

(2) persons aggrieved by the superintendent’s action could within 10 days bring an action for a trial de novo in the Superi- or Court to determine the lawfulness of the action taken. Schecter challenged the constitutionality of the act on the grounds, in part, that it violated due process inas[123]*123much as it failed to require the opportunity for a hearing prior to the action taken, that is, prior to the suspension of a driver's license. The Arizona Supreme Court upheld the constitutionality of the Act as against the due process argument. The Court first noted that several states had upheld the validity of the similar statutes on grounds of a “compelling public interest” requiring immediate action. The Arizona Supreme Court rejected this ground after finding no compelling public interest present.

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Bluebook (online)
449 P.2d 957, 9 Ariz. App. 120, Counsel Stack Legal Research, https://law.counselstack.com/opinion/camerena-v-department-of-public-welfare-arizctapp-1969.