Lopez ex rel. Lopez v. New Mexico Department of Human Services

OPINION

MINZNER, Judge.

Virginia Lopez (Lopez), mother and next friend of David Lopez, a severely disabled adult, appeals from a decision of the New Mexico Human Services Department (Department). Lopez raises two issues on appeal: (1) whether the decision of the hearing officer was arbitrary, capricious, or contrary to law; and (2) whether the decision of the hearing officer is supported by substantial evidence. We remand with directions to the hearing officer, to the Department, and to the parties.

I. FACTS.

David Lopez is twenty-two years old and severely disabled. He suffers from seizure,…