25.0688.02000
Sixty-ninth
Legislative Assembly
of North Dakota
Introduced by
Representatives Koppelman, Kasper, Louser
Senators Clemens, Cory, Lemm, Magrum, Myrdal, Paulson
A BILL for an Act to amend and reenact section 28-32-18 of the North Dakota Century Code,
relating to voiding and amending administrative rules by the administrative rules committee.
BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
SECTION 1. AMENDMENT. Section 28-32-18 of the North Dakota Century Code is
amended and reenacted as follows:
28-32-18. Administrative rules committee may void rule - Grounds - Amendment by
agreement of agency and committee.
1.The legislative management's administrative rules committee may find that all or any
portion of a rule is void if that:
a.The rule is initially considered by the committee not later than the fifteenth day of
the month before the date of the administrative code supplement in which the
rule change is scheduled to appear. The administrative rules committee may find
a rule or portion of a rule void if the and a representative of the agency appears
before the administrative rules committee when the rules are scheduled for
committee consideration; and
b.The committee makes the specific finding that, with regard to that rule or portion
of a rule, there is:
a.(1)An absence of statutory authority.
b.(2)An emergency relating to public health, safety, or welfare.
c.(3)A failure to comply with express legislative intent or to substantially meet the
procedural requirements of this chapter for adoption of the rule.
d.(4)A conflict with state law.
e.(5)Arbitrariness andor capriciousness.
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HOUSE BILL NO. 1368
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f.(6)A failure to make a written record of its consideration of written and oral
submissions respecting the rule under section 28-32-11.
(7)An absence of necessity.
(8)An absence of reasonableness.
2.The administrative rules committee may find a rule void at the meeting at which the
rule is initially considered by the committee or may hold consideration of thata rule for
one subsequent meeting.
3.If no representative of the agency appears before the administrative rules committee
when:
a.When rules are scheduled for committee consideration, thosethe rules are held
over for consideration at the next subsequent committee meeting. Rules are not
considered initially considered by the committee under this subsection until a
representative of the agency appears before the administrative rules committee
when the rules are scheduled for committee consideration. If no representative of
the agency appears before the administrative rules committee meeting
b.Meeting to which rules are held over for consideration, the:
(1)The rules are void if the rules were adopted as emergency rules and for
rules not adopted as emergency rules the; or
(2)The administrative rules committee may void the rules, allow the rules to
become effective, or hold over consideration of the rules to the next
subsequent committee meeting.
4.Within three business days after the administrative rules committee finds that a rule is
void, the legislative council shall provide written notice of that finding and the
committee's specific finding under subdivisions a through fsubdivision b of
subsection 1 to the adopting agency and to the chairman of the legislative
management.
5.Within fourteen days after receipt of the notice, the adopting agency may file a petition
with the chairman of the legislative management for review by the legislative
management of the decision of the administrative rules committee. If the adopting
agency does not file a petition for review, the rule becomes void on the fifteenth day
after the notice from the legislative council to the adopting agency. If within sixty days
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after receipt of the petition from the adopting agency the legislative management has
not disapproved by motion the finding of the administrative rules committee, the rule is
void.
3.6.An agencyThe committee may amend or repeal a rule or create a related rule if, after
consideration of rules by the administrative rules committee, the representative from
the agency and committee agree that the rule amendment, repeal, or creation is
necessary to address any of the considerations under subsection 1reasonable.
7.A rule amended, repealed, or created under this subsection issubsection 6:
a.Is not subject to the other requirements of this chapter relating to adoption of
administrative rules and may.
b.May be published by the legislative council as amended, repealed, or created. If
requested by the agency or any interested party, a rule amended, repealed, or
created under this subsection must
c.Must be reconsidered by the administrative rules committee at a subsequent
meeting at which public comment on the agreed rule change must be allowed, if
requested by the agency or an interested party.
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