Department of Health & Mental Hygiene v. Chimes, Inc.

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 Model State Administrative Procedure Act (MSAPA) “to the end that administrative agencies may be subjected to essential controls but not unduly…