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REPORTED IN THE COURT OF SPECIAL APPEALS OF MARYLAND No. 1638 September Term, 2010

JOSE D. VARGAS-AGUILA v. STATE OF MARYLAND, OFFICE OF THE CHIEF MEDICAL EXAMINER

Meredith, Zarnoch, Thieme, Raymond G., Jr. (Retired, Specially Assigned), JJ.

Opinion by Zarnoch, J.

Filed: December 2, 2011

After obtaining a stay in the District Court for Montgomery County of his trial for certain drunk driving offenses, appellant / cross-appellee Jose D. Vargas-Aguila ("Vargas-Aguila") in October 2009 brought a declaratory judgment action in the Circuit Court for Montgomery County against appellee/cross appellant, State of Maryland, Office of the Chief Medical Examiner ("the State"). Specifically, he sought a declaration that the "Regulations of the Toxicologist, Post Mortem Examiners Commission, State of Maryland, Regarding Tests of Breath and Blood for Alcohol" ("toxicologist standards")1 were invalid because they had not been adopted in accordance with the rulemaking requirements of the State Administrative Procedure Act (APA), Md. Code (1984, 2009 Repl. Vol.) State Government Article (SG),

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Maryland Law