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REPORTED IN THE COURT OF SPECIAL APPEALS OF MARYLAND No. 1987 SEPTEMBER TERM, 1994 ___________________________________

DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES v. ARA HEALTH SERVICES, INC., d/b/a CORRECTIONAL MEDICAL SYSTEMS ___________________________________ Wenner, Davis, Hollander, JJ. ___________________________________ Opinion by Hollander, J. ___________________________________ Filed: December 27, 1995

Department of Public Safety and Correctional Services v. ARA Health Services, Inc., d/b/a Correctional Medical Systems -- No. 1987, 1994 Term HEADNOTE: ADMINISTRATIVE LAW -- Circuit court is not permitted to engage in fact-finding when reviewing the decision of an adminstrative agency; accordingly, the court erred in finding that the parties to a contract had modified the contract through their conduct. STATES -- Where a party that has contracted with the State alleges that it is entitled to recover against the State under a "modification by conduct" of the contract, its claim is not "based on a written contract" within the meaning of

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Maryland Law