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DURAN v. NEW MEXICO DEPARTMENT OF HUMAN SERVICES, INCOME SUPPORT DIVISION

No. 13005.

619 P.2d 1232 (1980)

95 N.M. 188

Isabel DURAN, Petitioner, v. NEW MEXICO DEPARTMENT OF HUMAN SERVICES, INCOME SUPPORT DIVISION, Respondent.

Supreme Court of New Mexico.

September 29, 1980.

Attorney(s) appearing for the Case

Joseph F. Goldberg, Michael B. Browde, Gary J. Martone, Santa Fe, for petitioner.

Jeff Bingaman, Atty. Gen., Robert N. Hilgendorf, Asst. Atty. Gen., Santa Fe, for respondent.

OPINION

SOSA, Chief Justice.

The issue presented on certiorari in this case is whether a regulation promulgated by the New Mexico Department of Human Services used in computing need for Aid to Families with Dependent Children (AFDC) assistance is invalid as in conflict with controlling federal regulations. We decide that it is invalid.

The regulation in question creates an irrebuttable presumption that...

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