Center for Contract and Economic Organization
Program in the Law and Economics of Capital Markets
In recent years, the concept of public welfare has undergone substantial conceptual changes, the primary being a shift from the older concept of gratuity to one of statutory entitlement pursuant to the Social Security Act. This paper seeks to examine and analyze the administrative "fair hearing" as a means of effective regulation of administrative discretion and enforcement of the entitlement provisions of the federal act. Primary emphasis is placed on a comparative treatment of state hearing procedures and federal hearing regulations to determine whether the fair hearing is, at present, a viable means of insuring due process in welfare administration.
Robert E. Scott,
The Regulation and Administration of the Welfare Hearing Process – The Need for Administrative Responsibility,
Wm. & Mary L. Rev.
Available at: https://scholarship.law.columbia.edu/faculty_scholarship/314