IN THE COMMONWEALTH COURT OF PENNSYLVANIA

Mindy Jaye Zied-Campbell, :

Dennis John Campbell, :

Petitioners :

:

v. : No. 1537 C.D. 2017

: Submitted: November 16, 2018

Department of Human Services, :

Respondent :

BEFORE: HONORABLE MARY HANNAH LEAVITT, President Judge

HONORABLE ANNE E. COVEY, Judge

HONORABLE MICHAEL H. WOJCIK, Judge

OPINION NOT REPORTED

MEMORANDUM OPINION 

BY PRESIDENT JUDGE LEAVITT FILED: March 22, 2019

Mindy Jaye Zied-Campbell (Campbell) and her husband, Dennis John 

Campbell,

1 pro se, petition for review of an adjudication of the Department of 

Human Services, Bureau of Hearings and Appeals (Bureau) that dismissed 

Campbell’s appeal as abandoned. For the following reasons, we affirm. 

Campbell and her husband are the recipients of Supplemental Nutrition 

Assistance Program (SNAP) benefits.

2

 On March 8, 2017, the Philadelphia County 

Assistance Office issued an advance notice to Campbell informing her that, 

beginning in April 2017, her monthly SNAP benefits would decrease from $111.00 

to $27.00 based on a change in income. Campbell appealed, and an Administrative 

Law Judge (ALJ) conducted a fair hearing via telephone on April 12, 2017. Because 

 

1 Although Campbell and her husband jointly filed the petition for review, Campbell is listed as 

the recipient of the public benefits at issue and was the petitioner in the proceedings before the 

Bureau.

2 SNAP benefits were formerly known as “Food Stamps.” 7 U.S.C. §§2011-2036c. 
2

Campbell failed to participate in the hearing or contact the Bureau, the ALJ 

dismissed the appeal. Campbell requested reconsideration from the Secretary of 

Human Services and provided good cause for not participating in the telephone 

hearing. Accordingly, on May 22, 2017, the Secretary granted reconsideration and 

directed the Bureau to conduct a new hearing on the merits. 

In June 2017, Campbell filed a motion to present her case by brief in 

lieu of appearing at the hearing. On June 8, the Bureau granted the request and 

directed Campbell to file her brief by June 23. The June 8 order informed Campbell 

that she would be receiving a mailing containing a new date and time for the

telephonic remand hearing. The order also provided Campbell with a phone number 

to dial in if she wanted to participate. On June 12, Campbell filed a motion to 

transfer her case to an ALJ in Philadelphia. The Bureau denied the motion. On July 

13, the Bureau sent Campbell a notice scheduling the remand hearing for August 2. 

On July 17, Campbell again moved to transfer her case to Philadelphia. This motion 

was also denied. 

Campbell did not file a brief by the June 23 deadline. On August 2, the 

ALJ proceeded with the remand hearing by telephone. Campbell did not call in or 

participate in the hearing. A representative from the County Assistance Office

participated and presented evidence. Because Campbell failed to participate, the 

ALJ dismissed the appeal as abandoned pursuant to 55 Pa. Code 

§275.4(e)(6)(iii)(A).3 On August 17, 2017, the Bureau entered a final order

 

3 Section 275.4(e)(6)(iii)(A) provides: 

(iii) Hearing abandoned. Appeals will be considered abandoned in accordance with 

the following:

(A) If the appellant or his representative fails to appear at the 

scheduled hearing without good cause as determined by the hearing 
3

dismissing Campbell’s appeal. Campbell and her husband (Petitioners) then 

petitioned for this Court’s review. 

On appeal,4 Petitioners devote most of their brief to the merits of the 

case, i.e., that the Department improperly reduced their SNAP benefits. However, 

the only issue before this Court is whether the Bureau erred in dismissing 

Campbell’s appeal as abandoned. Under Section 275.4(e)(6)(iii)(A) of the 

Department’s regulations, “[i]f the appellant ... fails to appear at the scheduled 

hearing without good cause as determined by the hearing officer, the appeal will be 

considered to be abandoned and will be dismissed.” 55 Pa. Code 

§275.4(e)(6)(iii)(A). 

Petitioners argue that they did not participate in the August 2, 2017, 

hearing because they were waiting for the Bureau to rule on Campbell’s request to 

have her case heard by an ALJ in Philadelphia. They state that they were unaware 

that the August 2 hearing would continue in their absence while their transfer request 

was pending. 

This argument lacks merit. By correspondence postmarked July 13, 

2017, the Bureau informed Campbell that the remand hearing would be conducted 

by phone on August 2, 2017, at 11:40 a.m. See Supplemental Certified Record at 

258-59. Petitioners do not claim that they did not receive this notice. That Campbell 

filed her second motion to transfer her appeal to Philadelphia on July 17 is of no 

 

officer, the appeal will be considered to be abandoned and will be 

dismissed.

55 Pa. Code §275.4(e)(6)(iii)(A). 

4 Our review determines whether an error of law was committed, whether constitutional rights 

were violated, or whether the findings of fact are supported by substantial evidence. Our Lady of 

Victory Catholic Church v. Department of Human Services, 153 A.3d 1124, 1127 n.3 (Pa. Cmwlth. 

2016).
4

moment. The Bureau had also previously granted Campbell’s request to present her 

case by brief in lieu of participating in the hearing, and Campbell failed to file a brief 

by the June 23 deadline. In light of Campbell’s failures to move her appeal forward, 

the Bureau did not err in dismissing it as abandoned. 

Accordingly, we affirm the Bureau. 

 _____________________________________

 MARY HANNAH LEAVITT, President Judge
IN THE COMMONWEALTH COURT OF PENNSYLVANIA

Minday Jaye Zied-Campbell, :

Dennis John Campbell, :

Petitioners :

:

v. : No. 1537 C.D. 2017

:

Department of Human Services, :

Respondent :

O R D E R

AND NOW, this 22nd day of March, 2019, the order of the Department 

of Human Services, Bureau of Hearings and Appeals, dated August 17, 2017, in the 

above-captioned matter is AFFIRMED.

 _____________________________________

 MARY HANNAH LEAVITT, President Judge