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AFSCME v. DEPT. OF MENTAL HEALTH

Docket No. 100552, Calendar No. 9.

550 N.W.2d 190 (1996)

AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES (AFSCME), AFL-CIO, Lola Debois, and Shirley Towns, Plaintiffs-Appellees, v. DEPARTMENT OF MENTAL HEALTH, Defendant-Appellant, and Michigan Civil Service Commission, Defendant.

Supreme Court of Michigan.

Decided June 25, 1996.

Attorney(s) appearing for the Case

Webb & Hildebrandt, P.C. by L. Rodger Webb, Detroit, for plaintiffs.

Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, and Gary P. Gordon and Richard P. Gartner, Assistant Attorneys General, Lansing, for defendant.

MALLETT, Justice.

In this case, we must determine whether the guidelines and standard contract utilized by the Department of Mental Health when contracting with group home providers for the purchase of specialized residential mental health services constitute administrative "rules" that must be promulgated pursuant to the Administrative Procedures Act, M.C.L. § 24.201 et seq.; M.S.A. § 3.560(101) et seq. We hold that to the extent that they...

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