City of Westbrook v. Commissioner of Department of Human Services

NICHOLS, Justice.

In March, 1986, the Plaintiff, City of Westbrook, was notified by the Defendant, Commissioner of the Department of Human Services, that the City’s maximum levels of food assistance provided in its general assistance ordinance were in violation of state law as insufficient to maintain “health and decency” as required by 22 M.R.S.A. § 4305(3-A) (Supp.1987). On appeal from a Superior Court (Cumberland County) decision affirming such findings of an administrative hearing, the City challenges the Commissioner’s authority to review the City’s ordinance under the rebut-table…