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NEW MEXICO, ETC. v. TAPIA

No. 13815.

642 P.2d 1091 (1982)

NEW MEXICO DEPARTMENT OF HUMAN SERVICES, INCOME SUPPORT DIVISION, Petitioner, v. Aurora TAPIA, Respondent.

Supreme Court of New Mexico.

Rehearing denied March 25, 1982.

Attorney(s) appearing for the Case

Jeff Bingaman, Atty. Gen., Richard Shapiro, Asst. Atty. Gen., Santa Fe, for petitioner.

Manuel J. Lopez, Las Cruces, for respondent.

OPINION

PAYNE, Justice.

We granted certiorari to determine whether the Court of Appeals applied the proper scope of review in reversing the decision of the New Mexico Department of Human Services (DHS). We hold it did not and therefore reverse. We also considered whether the Court of Appeals improperly decided questions which were neither raised at the hearing nor argued on appeal. We conclude that these questions were improperly decided.

I.

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