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Administrative Law Keyed to Breyer
Goldberg v. Kelly
Citation:
397 U.S. 254 (1970)Facts
The plaintiffs were residents of New York City receiving financial aid under the federally assisted AFDC program or under New York’s general Home Relief program. Initially, there was no requirement for prior notice or hearing before termination of benefits. During the litigation, New York adopted procedures requiring notice to recipients at least seven days prior to termination, explaining the reasons for the proposed discontinuance. Recipients could request review by a higher official and submit written statements, but were not permitted to appear personally before the official making the final determination, present oral evidence, or confront and cross-examine adverse witnesses. After termination, recipients could request a “fair hearing” with full procedural protections, including the right to appear personally, present evidence, and cross-examine witnesses. If successful at the fair hearing, recipients would receive retroactive payments for benefits wrongfully withheld.
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