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CLARK v. PUBLIC WELFARE DIVISION

556 P.2d 722 (1976)

27 Or.App. 473

Alvin W. CLARK, Petitioner, v. PUBLIC WELFARE DIVISION, J.N. Peet, Administrator, Respondent.

Court of Appeals of Oregon.

Decided November 22, 1976.

Attorney(s) appearing for the Case

Robert A. Payne, Coos Bay, argued the cause for petitioner. With him on the brief were Julie A. Stevens, and Coos-Curry Counties Legal Aid, Inc., North Bend.

Al J. Laue, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Atty. Gen., and W. Michael Gillette, Sol. Gen., Salem.

Before SCHWAB, C.J., and TANZER and RICHARDSON, JJ.

RICHARDSON, Judge.

Petitioner appeals an order of the hearing officer denying certain medical expense deductions from petitioner's income for purposes of calculating his entitlement for food stamps. This appeal raises the question whether a provision in the Public Welfare Division Manual1 is a rule which must be adopted pursuant to the Oregon Administrative Procedures Act (APA) or an internal management directive which is exempt. ORS 183...

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