(DOWNLOAD) "Landavazo v. New Mexico Department of Human Services" by New Mexico Court of Appeals * eBook PDF Kindle ePub Free
eBook details
- Title: Landavazo v. New Mexico Department of Human Services
- Author : New Mexico Court of Appeals
- Release Date : January 12, 1988
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 68 KB
Description
Petitioner Richard Landavazo (applicant) appeals the New Mexico Department of Human Services, Income Support Division (HSD), fair hearing decision upholding its county offices denial of his application for food stamp benefits. Relying on Cruz v. New Mexico Dept of Human Services, 100 N.M. 133, 666 P.2d 1280 (Ct. App.1983), and Saenz v. New Mexico Dept of Human Services, 98 N.M. 805, 653 P.2d 181 (Ct. App.1982), we originally proposed summary reversal of HSDs decision on the basis that the hearing officer should have considered the new evidence applicant offered at the fair hearing concerning his physical disability and the modifications he made to his vehicle after the county office had denied his application. We subsequently reconsidered our proposed disposition and proposed to affirm the hearing officers determination. We did so on the basis that the evidence applicant offered at the fair hearing did not tend to establish his eligibility for benefits at the time the county office considered his application. In so doing, we proposed to limit the application of Cruz and Saenz. Applicant has now filed a memorandum in opposition to our proposed disposition. Not being persuaded by the memorandum, we affirm the hearing officers decision.