Gouard v. Bradley

93-MR-28 (Ill. Cir. Ct. Vermilion County Mar. 22, 1996) ; Clearinghouse Number: 51114

Description

Agency Estopped from Charging Food Stamp Recipient with Intentional Program Violation When It Initially Found Inadvertent Household Error

Abstract

The court has held that defendant Illinois Department of Public Aid (IDPA) is estopped from bringing an intentional program violation charge against plaintiff food stamp recipient. After plaintiff failed to report income from her employment, IDPA sent her a demand letter entitled "Inadvertent Household Error" and recovered the overpayment through recoupment. IDPA charged plaintiff with an intentional program violation and disqualified her from food stamps for six months. On judicial review, plaintiff argued that because IDPA initially notified her of her inadvertent household error, it was estopped from later charging her with an intentional program violation. The court held that, under Pearce Hospital Foundation v. Illinois Public Aid Commission, 154 N.E.2d 691 (1958), IDPA must have explicit statutory authority to modify a final administrative decision; the initial notice IDPA sent to plaintiff was a final administrative decision that IDPA had no statutory authority to modify; and IDPA was estopped from charging plaintiff with an intentional program violation.

Additional Information

Attorney Information
Plaintiff represented by George Bell, Kim Phipps (law student), University of Illinois at Urbana-Champaign, College of Law Clinic, Rm. 214 Law Bldg., 504 E. Pennsylvania Av., Champaign, IL 61820, (217) 244-9494.
Docket Date
1970-01-01 06:00:00+00:00