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DEPT. OF HEALTH AND MENTAL HYGIENE v. CHIMES, INC.

No. 94, Sept. Term, 1995.

681 A.2d 484 (1996)

343 Md. 336

DEPARTMENT OF HEALTH AND MENTAL HYGIENE v. CHIMES, INC.

Court of Appeals of Maryland.

August 27, 1996.

Attorney(s) appearing for the Case

Andrew H. Baida, Asst. Atty. Gen. (J. Joseph Curran, Jr., Atty. Gen., Thomas W. Keech, Asst. Atty. Gen., on brief), Baltimore, for Petitioner.

Laurence B. Russell (Deborah M. Thompson, Ober, Kaler, Grimes & Shiver, on brief), Baltimore, for Respondent.

Argued before MURPHY, C.J., and ELDRIDGE, RODOWSKY, CHASANOW, KARWACKI, BELL and RAKER, JJ.

MURPHY, Chief Judge.

The issue in this case is whether the Developmental Disabilities Administration in the Department of Health and Mental Hygiene violated the Maryland Administrative Procedure Act by instituting a cost containment measure without following "notice and comment" or emergency rulemaking procedures.

I

In 1952, the Commission on Administrative Organization of the State, appointed by Governor McKeldin, recommended adoption of the 1946...

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