BURNS v. SOCIAL & HEALTH SERVS.

No. 5316-1.

20 Wn. App. 585 (1978)

581 P.2d 1069

JACQUELINE T. BURNS, Respondent, v. THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES, Appellant.

The Court of Appeals of Washington, Division One.

July 3, 1978.


Attorney(s) appearing for the Case

Slade Gorton, Attorney General, and Philip G. Hubbard, Deputy, for appellant.

Anthony Lee and Kristin M. Houser, for respondent.


CALLOW, J.

Quaere: Is the recoupment authorized by RCW 74.04.300 and WAC 388-44-035(1)(a) of an extra 25 percent of funds fraudulently received under the Aid to Families with Dependent Children program invalid under the Supremacy Clause as contrary to the Social Security Act? We hold such recoupment is valid.

Between March 1970 and July 1971, Jacqueline T. Burns applied under four different names for public assistance...

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