A copy of the "Final Recommendations of the Special Commissioner" filed today in SER KM v. WV DHHR, et al. is now available online. [pdf].

Today the Court released the Final Recommendations filed by a special commissioner appointed in a recent case challenging the constitutionality of terminating certain welfare and family assistance benefits.  The Honorable Daniel L. McCarthy was appointed by the Court in SER K.M. et al. v. WV DHHR, et al., No. 30494, to resolve serveral specific questions.  In a prior order entered June 27, 2002, the Special Commissioner denied petitioner's motion for injunctive relief, and set forth in detail a summary of the federal statutory scheme at issue.  The June 27 order was incorporated within the final recommendations.

In the Final Recommendations released today, the Special Commissioner recommends that a moulded writ of mandamus be granted "upon the procedural due process issue concerning the process before the Fair Hearing Examiner and his or her decision making authority.  In all other respects, the Special Commissioner recommends that the requested mandamus relief be denied."

The Court set a deadline of September 4, 2002 for the filing of written objections by the parties.  Copies of the Final Recommendations of the Special Commissioner are available from the Clerk's Office.