Valenzuela v. Yeutter

988 F.2d 977, 1993 WL 69543
CourtCourt of Appeals for the Ninth Circuit
DecidedMarch 16, 1993
DocketNo. 91-15400
StatusPublished
Cited by3 cases

This text of 988 F.2d 977 (Valenzuela v. Yeutter) 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
Valenzuela v. Yeutter, 988 F.2d 977, 1993 WL 69543 (9th Cir. 1993).

Opinion

POOLE, Circuit Judge:

Appellants Jesus and Luz Valenzuela appeal the district court’s grant of summary judgment in favor of appellees Clayton Yeutter and Linda Rae Moore-Canon, the Secretary of the United States Department Agriculture and Director of the Department of Economic Security, respectively. Because we find the Secretary of Agriculture’s interpretation of “head of household” as the “primary wage earner” reasonable and within his broad discretion, we affirm the district court’s decision.

I.

Jesus and Luz Valenzuela, a married couple with two children, were participants in the Food Stamp Program. On their September 23, 1988 application for food stamps, Mr. Valenzuela was designated the “head of the household.” Mr. Valenzuela was unemployed and had previously qualified for Social Security disability payments. Mrs. Valenzuela was employed in a restau[979]*979rant working thirty-six hours per week at minimum wage. Mrs. Valenzuela quit her job on September 2, 1988.

The Valenzuelas were disqualified from receiving food stamps on September 28, 1988. Because Mrs. Valenzuela was determined to be the “primary wage earner,” she was designated by the Arizona Department of Economic Security (“DES”), the administrator of that state’s Food Stamp program, to be the “head of household” for purposes of the voluntary quit provision of the Food Stamp Act, 7 U.S.C. § 2015(d)(l)(B)(ii), and was found to have quit her job without “good cause.” This decision was affirmed in the Valenzuelas’ administrative appeals.

The Valenzuelas sought declaratory and injunctive relief in the district court. The district court granted summary judgment against the Valenzuelas, holding that the regulations defining “head of the household” for purposes of the voluntary quit provision were consistent with congressional intent and were a reasonable exercise of the Secretary’s statutory authority.

II.

This case involves the interpretation of the Food Stamp Act, a question of law this court reviews de novo. California Rural Legal Assistance v. Legal Services Corp., 917 F.2d 1171, 1174 (9th Cir.1990), amended, 937 F.2d 465 (9th Cir.1991).

This case also involves the review of the regulations promulgated under the Food Stamp Act. Judicial review of an agency’s construction of a statute that it administers is a two-part process. Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837, 842, 104 S.Ct. 2778, 2781, 81 L.Ed.2d 694 (1984). First, a court examines “whether Congress has directly spoken to the precise question at issue.” Id. If Congress’s intent is clear, then the court must give effect to that intent. Id. at 842-43, 104 S.Ct. at 2781. Second, if the court determines Congress has not directly addressed the precise question at issue, then the court must decide whether the agency’s interpretation is a permissible construction of the statute. Id. at 843, 104 S.Ct. at 2782.

III.

A. Background

In 1964, Congress enacted the Food Stamp Act “to promote the general welfare, [and] to safeguard the health and well-being of the Nation’s population by raising levels of nutrition among low-income households.” 7 U.S.C. § 2011. In 1977, Congress added the voluntary quit provision to “eliminate the non-needy from the [Food Stamp] program,” simplify administration, and reduce fraud and abuse. H.R.Rep. No. 464, 95th Cong., 1st Sess. 1-2, reprinted in 1977 U.S.C.C.A.N. 1705, 1978, 1978-79.

Although the voluntary quit provision originally covered only applicants, Congress extended its coverage in 1981 to include households already participating in the food stamp program. Pub.L. No. 97-98, § 1311, 95 Stat. 1213, 1285 (1981). In 1982, the provision was amended to increase the period of ineligibility from sixty to ninety days. Pub.L. No. 97-253, § 158(a), 96 Stat. 763, 777 (1982). In 1985, it was amended again to allow the household to resume participation if the household member who committed any violation disqualifying the household leaves the household. Pub.L. No. 99-198, § 1516, 99 Stat. 1571, 1573 (1985).

At the time it was enforced against the Valenzuelas, the voluntary quit provision read in pertinent part as follows:

[N]o household shall be eligible to participate in the food stamp program ... if the head of the household voluntarily quits any job without good cause, but, in such case, the period of ineligibility shall be ninety days.

7 U.S.C. § 2015(d)(l)(B)(ii).

While many of the terms employed in the Food Stamp Act were defined by Congress, the phrase “head of household,” as found in the voluntary quit provision, was not. See 7 U.S.C. § 2012. Congress, however, did provide that the Secretary of Agriculture was authorized to “issue such regula[980]*980tions consistent with [the Act] as [he] deems necessary or appropriate.” 7 U.S.C. § 2013(c). In keeping with this authority, in 1964 the Secretary defined “head of household” as the “member of the household in whose name application is made for participation in the [Food Stamp] Program.” 29 Fed.Reg. 16784, 16785 (1964).

In 1979, after the enactment of the voluntary quit provision, the Secretary promulgated a regulation defining the “head of household” as “ ‘that household member ... who was responsible for acquiring the greatest amount of financial support.’ ” Under this regulation, states were allowed to define “head of household” as they chose fit for administrative purposes, but for purposes of the voluntary quit provision, the “head of household” was defined as the “primary wage earner.” A “primary wage earner” was defined as “that household member age 18 or over who was acquiring the greatest amount of earned financial support for the household at the time of the quit.” 44 Fed.Reg. 17,982, 17,984 (1979).

Over the years, the Secretary promulgated further regulations implementing the statute. The voluntary quit regulation, 7 C.F.R. § 273.7(n), now provides:

No household whose head of household, as defined in § 273.1(d)(2), voluntarily quit a job of 20 hours a week or more without good cause 60 days or less prior to the date of application or at any time thereafter shall be eligible for participation in the program

Section 273.1(d)(2), which defines “head of household” for the purposes of § 273.7(n), states that the “head of household” shall be considered the “principal wage earner,” who is defined as “the household member (including excluded members) who is the greatest source of earned income in the two months prior to the month of the violation.” 7 C.F.R. § 273.1(d)(2).

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Valenzuela v. Yeutter
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