#### DAVID ARROWOOD, Petitioner v. N.C. DEPARTMENT OF HEALTH AND HUMAN SERVICES, Respondent

No. 489A00

(Filed 6 April 2001)

Public Assistance— welfare benefits — limitation—APA rule not required

The decision of the Court of Appeals is reversed for the reason stated in the dissenting opinion in the Court of Appeals that the N.C. Department of Health and Human Services properly implemented a twenty-four month limitation of Work First benefits pursuant to a waiver by the U.S. Department of Health and Human Services without the promulgation of a rule under the Administrative Procedure Act.

Appeal pursuant to N.C.G.S. § 7A-30(2) from the decision of a divided panel of the Court of Appeals, 140 N.C. App. 31, 535 S.E.2d 585 (2000), reversing an order signed 27 May 1999 by Hyatt, J., in Superior Court, Rutherford County. Heard in the Supreme Court 15 March 2001.

*352 Pisgah Legal Services, by Curtis B. Venable, for petitionerappellee.

Roy A. Cooper, Attorney General, by Belinda A. Smith, Assistant Attorney General, for respondent-appellant.

North Carolina Justice and Community Development Center, by William D. Rowe; and Hunton & Williams, by Charles D. Case and Julie Beddingfield, on behalf of North Carolina Justice and Community Development Center, North Carolina Chapter of the National Organization for Women, North Carolina Hunger Network, Southerners for Economic Justice, and North Carolina Fair Share, amici curiae.

PER CURIAM.

For the reasons stated in the dissenting opinion by Judge Walker, we reverse the decision of the Court of Appeals.

REVERSED.