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FOYTIK v. CHANDLER

No. 20807.

966 P.2d 619 (1998)

88 Hawai`i 307

Carl FOYTIK, Plaintiff-Appellant, v. Susan CHANDLER, Director of the Department of Human Services, a duly organized and recognized agency of the State of Hawai`i, Defendant-Appellee.

Supreme Court of Hawai`i.

As Amended October 23, 1998.

Attorney(s) appearing for the Case

Carl Foytik, on the briefs, plaintiff-appellant, appearing pro se.

Lisa M. Itomura, Deputy Attorney General, on the briefs, for defendant-appellee.

Patrick Gardner and Wey-Wey Kwok (of the Legal Aid Society of Hawai`i), on the briefs, for amicus curiae Legal Aid Society of Hawai`i.

Before MOON, C.J., and KLEIN, LEVINSON, NAKAYAMA, and RAMIL, JJ.

MOON, Chief Justice.

This case arises out of rules promulgated by the Department of Human Services [hereinafter, DHS or Department] in response to the legislature's 1995 amendments to Hawai`i Revised Statutes (HRS) § 346-71, which concerns general assistance (GA) welfare. The amendments changed GA from an entitlement to a block-grant program and granted DHS some flexibility in setting the amounts of GA benefits and the eligibility criteria. As such, DHS promulgated...

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