Section 5 Examples—Found to Be Administrative Rules
| Library | Administrative Law 2011 |
A state agency’s change in a statewide policy is a rule even if it only affects people in a certain program. For example, the DSS (Department of Social Services) sent out a notice in its “Bulletin” that it would not pay for inpatient psychiatric services other than electric shock treatment. The change was not made in accordance with the rulemaking procedures, meaning it did not go through the notice and comment rulemaking process. As a result, after a challenge, the change was held to be void. NME Hosps., Inc. v. Dep’t of Soc. Servs....
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