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VALLO v. STATE BOARD OF HEALTH AND SOCIAL SERVICE

No. 865.

501 P.2d 664 (1972)

84 N.M. 220

Mrs. Sandy VALLO, Appellant, v. The STATE BOARD OF HEALTH AND SOCIAL Services and Richard W. Heim, Individually and in His Official Capacity as Executive Director of the New Mexico Health and Social Services Department, Appellees.

Court of Appeals of New Mexico.

Rehearing Denied September 5, 1972.

Certiorari Denied October 4, 1972.

Attorney(s) appearing for the Case

Jonathan Spack, H. Reed Wasson, Zuni Legal Aid & Defender Society, Zuni, for appellant.

David L. Norvell, Atty. Gen., Robert L. Laughlin, James G. Huber, Agency Asst. Attys. Gen., Santa Fe, for appellee.

OPINION

HENDLEY, Judge.

Appellant's application for eligibility to participate in the Commodity Foods Program was denied. Points II and III relating to the hearing examiner's failure to render a decision after the hearing are dispositive of the appeal.

We reverse.

Section 13-1-18, N.M.S.A. 1953 (Repl.Vol. 1968, Supp. 1971) provides in part:

"A. If an application is ... denied in whole ... the applicant ... may appeal for a fair hearing...

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