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Administrative Law Keyed to Mawshaw
Goldberg v. Kelly
Citation:
397 U.S. 254 (1970)Facts
The case involved New York City residents receiving financial aid under the federally assisted AFDC program or New York State’s Home Relief program. Initially, there was no requirement for prior notice or hearing before termination of financial aid. After the lawsuit was filed, New York adopted procedures requiring notice to recipients at least seven days prior to termination, explaining the reasons for the proposed discontinuance, and allowing recipients to request review by a higher official. Recipients could submit written statements but were not permitted to appear in person before the reviewing official, present oral evidence, or confront and cross-examine adverse witnesses. If benefits were terminated, recipients could request a post-termination “fair hearing” with more comprehensive procedural protections. The plaintiffs challenged the constitutional adequacy of these procedures, arguing that due process required a pre-termination evidentiary hearing.
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