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.
Civil Rights and Discrimination | Constitutional Law | Law | Social Welfare Law
Center for Contract and Economic Organization
Program in the Law and Economics of Capital Markets
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