Legal Opinion
Saenz v. New Mexico Department of Human Services, Income Support Division Ex Rel. Human Services Department
New Mexico Court of Appeals
Decided October 19, 1982No. 5744PublishedCited by 6 opinions
1Opinion of the Court
OPINION
LOPEZ, Judge.
The appellant (Saenz) appeals the decision of the New Mexico Department of Human Services (DHS), denying him general assistance benefits. We reverse.
The ultimate issue for us is whether the decision of DHS was arbitrary, capricious and not in accordance with law.
In order for us to decide this issue we must consider three points advanced by the plaintiff in his appeal. 1. The failure of DHS to consider certain relevant medical evidence. 2. The failure of DHS to comply with its own regulations. 3. Bias of the hearing officer approved by DHS.
FACTS
The Saenz applied for general…
2Cases cited5 opinions
- Ferguson-Steere Motor Co. v. State Corp. CommissionNew Mexico Supreme Court · 1957
- New Mexico Human Services Department v. GarciaNew Mexico Supreme Court · 1980
- Hillman v. Health & Social Services DepartmentNew Mexico Court of Appeals · 1979
- Eaton v. Bureau of RevenueNew Mexico Court of Appeals · 1972
- Garcia v. New Mexico Human Services DepartmentNew Mexico Court of Appeals · 1979
3Cited by6 opinions
- State Ex Rel. Battershell v. City of AlbuquerqueNew Mexico Court of Appeals · 1989
- State, Department of Transportation v. RomeroNew Mexico Court of Appeals · 1987
- Landavazo v. New Mexico Department of Human ServicesNew Mexico Court of Appeals · 1988
- Carter v. New Mexico Human Services DepartmentNew Mexico Court of Appeals · 2009
- Law v. N.M. Human Servs. Dep’tNew Mexico Court of Appeals · 2019
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