Legal Opinion

American Federation of State, County & Municipal Employees v. Department of Mental Health

Michigan Supreme Court

Decided June 25, 1996No. 100552, Calendar No. 9PublishedCited by 17 opinions

1Opinion of the CourtMallett, J.

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, MCL 24.201 et seq.-, MSA 3.560(101) et seq. We hold that to the extent that they set forth departmental policy and *4standards concerning the care received by individuals in group homes, they constitute “rules” for purposes of the apa.

FACTS

Plaintiffs Lola DeBois…

2Cases cited6 opinions

  1. Detroit Base Coalition for the Human Rights of the Handicapped v. Department of Social ServicesMichigan Supreme Court · 1988
  2. Clonlara, Inc v. State Board of EducationMichigan Supreme Court · 1993
  3. County of Delta v. Department of Natural ResourcesMichigan Court of Appeals · 1982
  4. Schinzel v. Department of CorrectionsMichigan Court of Appeals · 1983
  5. American Federation of State, County & Municipal Employees v. Department of Mental HealthMichigan Court of Appeals · 1994

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3Cited by17 opinions

  1. Faircloth v. Family Independence AgencyMichigan Court of Appeals · 1999
  2. City of Romulus v. Department of Environmental QualityMichigan Court of Appeals · 2004
  3. Kent County Aeronautics Board v. Department of State PoliceMichigan Court of Appeals · 2000
  4. Blank v. Department of CorrectionsMichigan Court of Appeals · 1997
  5. Ass'n of Businesses Advocating Tariff Equity v. Mich. Pub. Serv. Comm'n, Consumers Energy Co. (In Re For)Michigan Court of Appeals · 2018

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