IN THE COMMONWEALTH COURT OF PENNSYLVANIA

Mind y 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 dismiss ed

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

Cam pbell and h er husband are the recipients of Supplemental Nutrition

Assistance Program (SNAP) benefits

. 2 On March 8, 2017, the Philadelphia County

A ssistance 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 r econsideration from the Secretary of

Human Services and provided good cause for not participating in the telep hone

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 Jun e 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. O n August 2 , the

ALJ proceeded with the remand hearing by telephone. Camp bell 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 hearing3

dismissing Campbell’s appeal. Campbell and her hu sband (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 abandon ed . Under Section 275.4(e)(6)(iii)(A) of the

Depart ment’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).

Petitione rs 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 woul d continue in their absence while their transfer request

was pending.

This argument lacks merit. By correspondence postmarked July 13,

2017, the Bureau inf

ormed 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 determine s whether an error of law was committed, whether constitutional rights
were viol ated, 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 JudgeIN THE COMMONWEALTH COURT OF PENNSYLV ANIA

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 22 nd day of March , 201 9 , 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