(dissenting) :
I would remand for further proceedings. Petitioner challenges here, and challenged before respondent, important administrative procedures of respondent. He contends essentially that respondent is operating in violation of the District of Columbia Administrative Procedure Act1 in substantial respects. For example, he argues that respondent’s food stamp regulations constitute a rule within the meaning of the Administrative Procedure Act and, contrary to the Act, they have not been published. Further, he contends that respondent failed to make any findings or conclusions of law concerning his major contentions, and that they are therefore fatally defective.
I find the record inadequate for any meaningful review of petitioner’s principal contentions. These same contentions were made before respondent and were unanswered in the recommended and final decisions. In fact, the Director of the Public Assistance Division, in notifying appellant of the final decision, stated, “I have carefully reviewed the summary of findings and agree with the conclusions and recommendation of the Hearing Officer. . . . ” (Emphasis supplied.)
The D.C. Administrative Procedure Act requires that a final decision must be based upon consideration of the record and not merely upon review of the findings in the recommended decision. D.C.Code 1967, § 1-1509(c) (Supp. IV, 1971). See also Morgan v. United States, 298 U.S. 468, 56 S.Ct. 906, 80 L.Ed. 1288 (1936).
I would remand to respondent for further proceedings resulting in agency findings and conclusions so as to afford us an adequate basis for determining whether petitioner’s principal contentions have merit. I might say that, insofar as it appears in the incomplete record and findings we now have before us, there appears to me to be a substantial question as to whether the public, and especially potential and actual recipients of food stamps, are afforded reasonable access by the agency to all pertinent requirements for entitlement to food stamps, as well as the terms of entitlement. These people should be able to examine a publication which sets out in plain terms the requirements and terms of entitlement for food stamps so they may determine for themselves whether in their view they are qualified and to what extent.
. D.C.Code 1967, §§ 1-1501 to -1510 (Supp. IV, 1971).