Legal Opinion

New Mexico Department of Human Services v. Tapia

New Mexico Supreme Court

Decided March 12, 1982No. 13815PublishedCited by 15 opinions

1Opinion of the Court

OPINION

PAYNE, Justice.

We granted certiorari to determine whether the Court of Appeals applied the proper scope of review in reversing the decision of the New Mexico Department of Human Services (DHS). We hold it did not and therefore reverse. We also considered whether the Court of Appeals improperly decided questions which were neither raised at the hearing nor argued on appeal. We conclude that these questions were improperly decided.

I

Aurora Tapia filed a request for a “fair hearing” under Section 27-3-3, N.M.S.A. 1978, following receipt of an advance notice of termination of financial and…

2Cases cited5 opinions

  1. Fullen v. FullenNew Mexico Supreme Court · 1915
  2. United Veterans Organization v. New Mexico Property Appraisal DepartmentNew Mexico Court of Appeals · 1972
  3. Sais v. City Electric Co.New Mexico Supreme Court · 1920
  4. New Mexico Human Services Department v. GarciaNew Mexico Supreme Court · 1980
  5. Baca v. PereaNew Mexico Supreme Court · 1919

3Cited by15 opinions

  1. State Ex Rel. Human Services Department v. StaplesNew Mexico Supreme Court · 1982
  2. State v. JADE G.New Mexico Supreme Court · 2007
  3. State Ex Rel. Children, Youth & Families Department v. Benjamin O.New Mexico Court of Appeals · 2007
  4. Tapia v. City of AlbuquerqueNew Mexico Court of Appeals · 1986
  5. Muckey v. New Mexico Department of Human ServicesNew Mexico Court of Appeals · 1985

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