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IN THE COURT OF APPEALS OF MARYLAND No. 94 September Term, 1995 _____________________________________

DEPARTMENT OF HEALTH AND MENTAL HYGIENE

v.

CHIMES, INC.

____________________________________ Murphy, C.J. Eldridge Rodowsky Chasanow Karwacki Bell Raker, JJ. ____________________________________ Opinion by Murphy, C.J. Bell, J. dissents. ____________________________________ Filed: August 27, 1996

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 hampered in the performance of their functions." Seventh Report of the Commission on Administrative Organization of the State 70 (1952). That statute was designed to ensure that

"certain basic principles of common sense, justice and fairness," including notice to interested parties, are applied in

administrative procedures, Id., "without unduly restricting the agencies in the performance of their various tasks." Id. at 8; see

also Maryland Code (1995 Repl. Vol., 1995 Supp.)

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