Murray v. State Department of Social Services

Smith, J., delivered the opinion of the Court. We are here called upon to determine whether a hearing held relative to a claim for emergency assistance under the Aid to Families with Dependent Children (AFDC) program is a “contested case” within the meaning of that term as defined in Maryland’s Administrative Procedure Act (Code (1965 Repl. Vol.), Art. 41, §§ 244-256). We conclude that it is.

Authority for the present AFDC program is found in Code (1969 Repl. Vol.), Art. 88A, §§ 44A-60. Prior to the passage of Chapter 148 of the Acts of 1967 it was known as Aid to Dependent Children, which came into being in Maryland with the passage of Chapter 148 of the Acts of the Special Session of 1936, after enactment by the Congress of the Social Security Act in August of 1935. For a review of the “Mother’s Relief” program existing prior to that see Baltimore v. Fuget, 164 Md. 335 , 165 A. 618 (1933).

Three categories of public assistance were included in the Social Security Act, old age assistance, aid to the blind, and aid to dependent children. The sub-title of the Social Security Act dealing with AFDC is found at 42 U.S.C.A. §§ 601-610 . ³²⁵ As seems to be inevitable with such programs, there was expansion. After the original enactment of the Social Security Act and the Maryland AFDC program a provision was made for emergency assistance, thus giving rise to this controversy. A child to be eligible under the Maryland act must be “deprived of parental support or care by reason of the death, continued absence from the home, or physical or mental incapacity of a parent” and be living with certain designated relatives.

Code (1969 Repl. Vol.), Art. 88A, § 15 provides authority to the State Department of Social Services (State Department) “to accept any and all allotments of federal funds and commodities and to manage and dispose of same in whatever manner may be required by federal law, and to take advantage of the federal Social Security Act and any amendments and supplements thereto, and any other federal act relating to social services and public assistance”. Appellant Loretta Murray on April 30, 1969, requested emergency assistance from the Baltimore City Department of Social Services (formerly known as Department of Public Welfare), under a relatively new program, the then applicable rule for which was promulgated by the State Department with an effective date of February 1, 1969. A grant of $45.00 was authorized to her for the purpose of purchasing a used living room suite.

She claimed that the item was unavailable at the price specified and requested a grant for new furniture items as permitted under the rules when used furniture at the price allowed is unavailable in the community. The city department refused to authorize the grant. Accordingly, on July 8,. 1969, she requested a “fair hearing” pursuant to § 12 of Rule 200 of the State Department. Hearing was held.

The State Department rendered a decision upholding refusal of the increased grant for new furniture. Mrs. Murray then sought further review in the Baltimore City Court pursuant to the Administrative Procedure Act. The State Department filed a “motion ne recipiatur ³²⁶ or to strike”. In considering the matter Judge Sodaro “concluded that there is no