Hill v. Bechtel

444 S.E.2d 186, 336 N.C. 526, 1994 N.C. LEXIS 303
CourtSupreme Court of North Carolina
DecidedJune 17, 1994
DocketNo. 303PA92
StatusPublished
Cited by2 cases

This text of 444 S.E.2d 186 (Hill v. Bechtel) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hill v. Bechtel, 444 S.E.2d 186, 336 N.C. 526, 1994 N.C. LEXIS 303 (N.C. 1994).

Opinion

EXUM, Chief Justice.

This appeal presents the question whether an applicant for food stamp assistance under the Food Stamp Act of 1964, 7 U.S.C. § 2020 (1988), and certain regulations passed pursuant to the Act must be notified by the local Department of Social Services (DSS), administering the Act in a particular locality, when the local DSS determines that the applicant is not eligible for “expedited service,” which significantly reduces the time for processing an application for food stamp assistance. The Superior Court after considering the parties’ forecast of evidence concluded that no such notification was required and entered summary judgment for defendants. The Court of Appeals concluded that written notification was required and reversed. We conclude that at least oral notification of an applicant’s ineligibility for expedited service is required. We, therefore, modify and affirm the Court of Appeals’ decision.

On 18 April 1990 plaintiff Penny Lynn Hill applied for food stamps at the High Point office of the Guilford County DSS. The application form, completed by a DSS employee from answers provided by plaintiff, disclosed: Plaintiff was recently unemployed and the mother and custodian of two pre-school children. She owned no property, had only $3.00 in cash on hand; and her only income [528]*528was child support of $50 per week paid to her by her estranged husband. Her apartment rent was $139 per month.

The Food Stamp Act and regulations passed thereunder provide that households which are particularly destitute financially are entitled to receive expedited service. The provisions of the Act and regulations pertinent to this case provide that households with a gross income of less than $150 per month and liquid resources not exceeding $100, or households whose monthly gross incomes and liquid resources are less than their monthly rent (or mortgage) and utilities shall be provided coupons within five days of the date of the application. 7 U.S.C. § 2020(e)(9); 7 C.F.R. § 273.2(i) (1994). A state’s application procedures must be designed “to identify households eligible for expedited service at the time the household requests assistance.” 7 C.F.R. § 273.2(i)(2).

The DSS interviewer determined plaintiff’s child support income disqualified her for expedited service and processed the application for standard service. The interviewer, following agency practice, did not advise plaintiff of the existence of expedited service or that the interviewer had screened plaintiff and deemed her ineligible for expedited service.

About a week later plaintiff contacted the “local legal aid office” and learned for the first time of the existence of expedited food stamp processing.

Thereafter, on 7 May 1990, plaintiff filed a class action suit against the director and chairman of the Guilford County DSS in their official capacities, claiming among other things that she was entitled to expedited service and that she and persons similarly situated were entitled to be notified when they were screened for and determined to be ineligible for such service. She prayed for injunctive and declaratory relief concomitant with her claims.

On 8 May 1990 plaintiff requested and received an “agency conference” at DSS. Following the conference, plaintiff began to receive food stamps “around May 10, 1990.”

On 22 June 1990 plaintiff filed an amended class action complaint, adding the North Carolina Department of Human Resources (DHR) as a defendant. The amended complaint alleges that plaintiff’s only source of income is child support,

[529]*529“which her estranged husband pays to her sporadically. While her husband promised to pay $50 a week in cash or toward the bills, he had paid only about $150 during the last several months. Between April 1 and April 18, 1990, [her] husband paid her only $25 in cash plus paid $70 towards bills. He made no further contributions during the month of April.”

The amended complaint alleges further that plaintiff was eligible for expedited service when she initially applied for food stamps and that defendants were required to notify- her that she had been screened for and determined ineligible for expedited service and of her right to an agency conference to contest this determination. The amended complaint seeks injunctive and declaratory relief.

Defendants, on 23 July 1990, moved to dismiss plaintiffs amended complaint for lack of subject matter jurisdiction, Rule 12(b)(1), and for failure to state a claim, Rule 12(b)(6). The motion recites: “One day after the filing of the Complaint, the Plaintiff presented different information at an agency conference held at her request which made her eligible for expedited food stamp issuance and this matter is now moot.” Plaintiff, on 29 August 1990, moved for summary judgment and, on 5 September 1990, moved for class certification.

All motions came on for hearing before Judge Lake, who, upon a forecast of evidence consisting of plaintiffs affidavit and defendants’ responses to plaintiff’s requests for admissions and plaintiff’s interrogatories, treated defendants’ motion to dismiss as a motion for summary judgment. The forecast of evidence was in keeping with the facts as related above. According to plaintiffs affidavit: The DSS interviewer who processed plaintiff’s food stamp application on 18 April 1990 asked plaintiff how much child support her husband was paying and plaintiff told her he was paying $50 a week. Actually he had paid only $95 from 1 April to 18 April, $70 directly to plaintiff’s creditors and $25 in cash to plaintiff. He made no more payments through the month of April. The DSS interviewer never mentioned the expedited service program to plaintiff and advised plaintiff that it normally took 30 days to process a food stamp application. Plaintiff and her children subsisted on “handouts from friends and relatives” from 18 April until 10 May, during which time they mostly had toast for breakfast, peanut butter and crackers for lunch and hotdogs for supper. “There was hardly any milk at all” for the children. Plaintiff was never notified [530]*530of the outcome of the 8 May agency conference, but she began receiving food stamps “around May 10, 1990.” Plaintiff’s understanding was that she “received the food stamps under the regular processing standards, since by then DSS had obtained all the information necessary to approve my application.”

Defendants’ discovery responses showed that because of defendants’ understanding of the governing regulations, food stamp applications are processed as follows: All applicants are screened for expedited processing on the date of the application. Applicants who inquire about expedited processing have the program explained and are told verbally whether they meet the criteria. Applicants who do not inquire about expedited processing are not told about the program. If they are found eligible for it, they are so informed. If found ineligible, they are not advised. All applicants are advised in writing on the application form itself that they may request a “fair hearing” if they “disagree with any action taken on [the] Food Stamp Application.”

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Bluebook (online)
444 S.E.2d 186, 336 N.C. 526, 1994 N.C. LEXIS 303, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hill-v-bechtel-nc-1994.