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DEPARTMENT OF TRANSPORTATION v. ARMACOST

No. 5, September Term, 1987.

311 Md. 64 (1987)

532 A.2d 1056

DEPARTMENT OF TRANSPORTATION ET AL. v. JOHN L. ARMACOST ET AL.

Court of Appeals of Maryland.

November 3, 1987.

Attorney(s) appearing for the Case

Ralph S. Tyler, Asst. Atty. Gen. (J. Joseph Curran, Jr., Atty. Gen., Andrew H. Baida, Ann Marie DeBiase and Edward R.K. Hargadon, Asst. Attys. Gen., on brief), Baltimore, for appellants.

William L. Reynolds and Shale D. Stiller (Samuel A. Belcher and Frank, Bernstein, Conaway & Goldman, Baltimore and Charles W. Thompson, Jr., Co. Atty. for Carroll County, Westminster, on brief), for appellees.

Argued before MURPHY, C.J., ELDRIDGE, COLE, RODOWSKY, McAULIFFE and ADKINS, JJ., and JAMES F. COUCH, Jr., Associate Judge of the Court of Appeals of Maryland (retired) Specially Assigned.

MURPHY, Chief Judge.

The issue presented is whether the General Assembly, in enacting Maryland's Vehicle Emissions Inspection Program (VEIP), Maryland Code (1987 Repl.Vol.) §§ 23-201 through 23-208 of the Transportation Article, violated the separation of powers provisions of Article 8 of the Maryland Declaration of Rights by unconstitutionally delegating legislative power to an administrative agency.1

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