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THOMAS D. EL v. COMMONWEALTH PENNSYLVANIA (10/18/79)

decided: October 18, 1979.

THOMAS D. EL, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF PUBLIC WELFARE, RESPONDENT



Appeal from the Order of the Department of Public Welfare in case of Appeal of Thomas D. El, dated October 24, 1977.

COUNSEL

No appearance for petitioner.

Linda M. Gunn, Assistant Attorney General, for respondent.

Judges Crumlish, Jr., Rogers and Craig, sitting as a panel of three. Opinion by Judge Craig.

Author: Craig

[ 46 Pa. Commw. Page 517]

Petitioner had been receiving general assistance from the Department of Public Welfare (DPW), a federally assisted program.

When petitioner's caseworker interviewed him for his six-month redetermination of eligibility for general

[ 46 Pa. Commw. Page 518]

    assistance, petitioner refused to sign a DPW form which contained ethnic and citizenship data concerning himself. He also had failed to register with the Bureau of Employment Security for suitable work.

After due notice and a departmental hearing, DPW discontinued petitioner's assistance. He has appealed to this Court.

We preface our discussion with a summary of the pertinent state and federal regulations and statutes.

The United States Department of Justice has promulgated a regulation at 28 C.F.R. ยง 42.106(b) which requires that recipients of federal money, including Pennsylvania's DPW, have available for the Department of Justice "racial and ethnic data showing the extent to which members of minority groups are beneficiaries of federally assisted programs."*fn1

Section 432.2(c) of the Public Welfare Code (Code)*fn2 requires that DPW personnel periodically redetermine all elements of eligibility of any person receiving assistance. That section further specifies that "[t]he department shall require the completion of a continuing application form at the time of redetermination ...


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