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ALLEN v. STATE, DHSS., PUBLIC ASSISTANCE

Nos. S-12700, S-12864.

203 P.3d 1155 (2009)

Carla ALLEN, Appellant, v. STATE of Alaska, DEPARTMENT OF HEALTH & SOCIAL SERVICES, DIVISION OF PUBLIC ASSISTANCE, Appellee. Ian Wallis, Appellant, v. State of Alaska, Department of Health & Social Services, Division of Public Assistance, Appellee.

Supreme Court of Alaska.

March 27, 2009.

Attorney(s) appearing for the Case

Nikole Nelson, Alaska Legal Services Corporation, Anchorage, for Appellants.

Rebecca C. Polizzotto, Assistant Attorney General, Juneau, Laura C. Bottger and John W. Erickson, Jr., Assistant Attorneys General, Anchorage, and Talis J. Colberg, Attorney General, Juneau, for Appellee.

Before: FABE, Chief Justice, MATTHEWS, EASTAUGH, CARPENETI, and WINFREE, Justices.

OPINION

FABE, Chief Justice.

I. INTRODUCTION

Carla Allen and Ian Wallis are food stamp recipients who each received an excess of food stamp benefits due to errors made by the State of Alaska Department of Health and Social Services, Division of Public Assistance (hereinafter "the Agency"). The Agency seeks to recoup these overpaid benefits from Allen and Wallis by reducing their future monthly food stamp allotments. Allen and Wallis assert...

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