The authority of the administrative rules committee to void an administrative rule.
Impact
The proposed changes in HB 1368 have significant implications for the legislative process in North Dakota, particularly in how administrative rules are enacted and reviewed. By allowing the committee to more actively void rules that do not meet legislative expectations or statutory requirements, the bill seeks to streamline the regulatory process. This could potentially reduce the number of arbitrary or capricious regulations that emerge from administrative bodies, ultimately attempting to enhance governance and accountability within state institutions.
Summary
House Bill 1368 focuses on amending the authority of the administrative rules committee in North Dakota, specifically relating to the ability of the committee to void administrative rules. This amendment seeks to clarify the conditions under which the committee can find a rule void, which includes elements such as lack of statutory authority, conflicts with state law, and procedural failures. The bill aims to enhance the legislative management's oversight of administrative rules and ensure that regulatory actions are aligned with legislative intentions and standards.
Sentiment
The sentiment regarding HB 1368 appears to be mixed among lawmakers and stakeholders. Supporters of the bill argue that it provides necessary checks on administrative power and ensures that regulations serve the public interest without overstepping legal bounds. Conversely, some critics may perceive the bill as a step toward undermining necessary regulatory frameworks that support public health and welfare, suggesting it could lead to insufficient oversight in certain areas.
Contention
Notable points of contention surrounding HB 1368 include concerns that while the bill aims to clarify and enhance legislative oversight, it could also be interpreted as limiting the efficiency with which administrative agencies function. Critics argue that an increased review process might delay the implementation of urgent regulations, particularly those addressing public health or safety emergencies. Moreover, the language of the bill regarding the criteria for voiding rules might be seen as vague, leading to potential legal challenges or bureaucratic gridlock.
The attorney general's review of proposed administrative rules and the authority of the administrative rules committee to object to or void an administrative rule.
The definition of electric energy conversion facility, the publication of notices of public hearings, payment of an administrative fee, adding hydrogen to definitions, the publication of a public hearing, and the payment of an administrative fee; and to declare an emergency.