(dissenting).
I respectfully dissent.
This appeal should be dismissed.
Although it does not appear in the record furnished to this court, it was clearly stated by appellant’s counsel during oral argument that prior to June 23, 1988 (the date of oral argument) the appellant had in fact received her Graduate Equivalency Diploma (GED). This appeal arises from appellant’s contention that by reason of the application of Minn.R. 9500.1258, subpt. 1(M)(8) (1987), she was unlawfully deprived of General Assistance (GA), since the rule required that in order to remain eligible she regularly attend a GED program with a minimum of six hours of classroom instruction per week. Appellant contends that because of the distance to classes which meet the six hour requirement, she was unable to attend, unable to meet the six hour requirement leading to a GED, and thus unlawfully deprived of GA. This is not a class action. Appellant having attained her GED, there is no longer a justiciable controversy between appellant and respondents. See State ex rel. Smith v. Haveland, 223 Minn. 89, 25 N.W.2d 474 (1946). The matter is moot. This appeal should be dismissed.
However, even if it could be said that the appeal is not moot, the denial of benefits to appellant should nevertheless be affirmed, since appellant has chosen the wrong forum to challenge Minn.R. 9500.1258, subpt. KM)(8).
*839Review of the referee’s decision by the district court and the court of appeals is authorized by Minn.Stat. § 256.045, subds. 7, 9 (1986). The scope of review is governed by Minn.Stat. § 14.69 (1986). Brunner v. State, 285 N.W.2d 74, 75 (Minn.1979). Section 14.69 provides that:
[T]he court may affirm the decision of the agency or remand the case for further proceedings; or it may reverse or modify the decision if the substantial rights of the petitioners may have been prejudiced because the administrative finding, inferences, conclusion, or decisions are: (a) in violation of constitutional provisions; or (b) in excess of the statutory authority or jurisdiction of the agency; or (c) made upon unlawful procedure; or (d) affected by other error of law; or (e) unsupported by substantial evidence in view of the entire record as submitted; or (f) arbitrary or capricious.
This appeal challenges the validity, not the application, of Minn.R. 9500.1258, subpt. 1(M)(8).
On February 2, 1988, the Minnesota Court of Appeals decided Christian Nursing Center v. Department of Human Services, 419 N.W.2d 86 (Minn.Ct.App.1988). In its opinion the court considered and resolved conflict among recent cases regarding appellate review of an administrative rule under Minn.Stat. § 14.69. The court stated:
[Wjhile we may consider whether an agency’s application of a rule is valid, we may not consider the validity of the rule itself as applied in a particular context. * * * [Rjeview is limited to determining whether the decision, findings or inferences are erroneous; review of the actual rule itself is not contemplated.
Id. at 92-3 (emphasis added). Review of the validity of Minn.R. 9500.1258, subpt. 1(M)(8) is not proper in the proceeding appellant has chosen. See Minn.Stat. § 14.44 (1986). In light of the holding of Christian Nursing Center, I would affirm the trial court’s denial of benefits to appellant.