LOPEZ v. N.M. DEPT. OF HUMAN SERVICES

No. 12129.

835 P.2d 86 (1992)

114 N.M. 88

Virginia LOPEZ, as Mother and Next Friend of David L. Lopez, Plaintiff-Appellant, v. NEW MEXICO DEPARTMENT OF HUMAN SERVICES, INCOME SUPPORT DIVISION, State of New Mexico, ex rel., HUMAN SERVICES DEPARTMENT, Defendant-Appellee.

Court of Appeals of New Mexico.

April 30, 1992.


Attorney(s) appearing for the Case

Kathryn M. Wissel, Levy & Geer, P.A., Albuquerque, for plaintiff-appellant.

John E. Dubois, General Counsel, Lee Ann McMurry, Asst. General Counsel, Human Services Dept., Santa Fe, for defendant-appellee.

Elizabeth J. Church, Committee for Delivery of Legal Services to People with Disabilities, Albuquerque, amicus curiae.


OPINION

MINZNER, Judge.

Virginia Lopez (Lopez), mother and next friend of David Lopez, a severely disabled adult, appeals from a decision of the New Mexico Human Services Department (Department). Lopez raises two issues on appeal: (1) whether the decision of the hearing officer was arbitrary, capricious, or contrary to law; and (2) whether the decision of the hearing officer is supported by substantial evidence. We remand with directions to the hearing officer...

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