North Dakota 2025-2026 Regular Session

North Dakota House Bill HB1368 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	25.0688.04000
	1	+	25.0688.02001
	2	+	Title.03000
	3	+	Adopted by the Political Subdivisions
	4	+	Committee
2	5		Sixty-ninth
	6	+	January 30, 2025
3	7		Legislative Assembly
4	8		of North Dakota
5	9		Introduced by
6	10		Representatives Koppelman, Kasper, Louser
7	11		Senators Clemens, Cory, Lemm, Magrum, Myrdal, Paulson
8		-	A BILL for an Act to amend and reenact subsection 1 of section 28-32-18 of the North Dakota
9		-	Century Code, relating to the authority of the administrative rules committee to void an
10		-	administrative rule.
	12	+	A BILL for an Act to amend and reenact section 28-32-18 of the North Dakota Century Code,
	13	+	relating to voiding and amending administrative rules by the administrative rules committee.
11	14		BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
12		-	SECTION 1. AMENDMENT. Subsection 1 of section 28-32-18 of the North Dakota Century
13		-	Code is amended and reenacted as follows:
	15	+	SECTION 1. AMENDMENT. Section 28-32-18 of the North Dakota Century Code is
	16	+	amended and reenacted as follows:
	17	+	28-32-18. Administrative rules committee may void rule - Grounds - Amendment by
	18	+	agreement of agency and committee.
14	19		1.The legislative management's administrative rules committee may find that all or any
15		-	portion of a rule is void if that rule is initially considered by the committee not later than
16		-	the fifteenth day of the month before the date of the administrative code supplement in
17		-	which the rule change is scheduled to appear. The administrative rules committee may
18		-	find a rule or portion of a rule void if the committee makes the specific finding that, with
19		-	regard to that rule or portion of a rule, there is:
20		-	a.An absence of statutory authority.
21		-	b.An emergency relating to public health, safety, or welfare.
22		-	c.A failure to comply with express legislative intent or to substantially meet the
23		-	procedural requirements of this chapter for adoption of the rule.
24		-	d.A conflict with state law.
25		-	e.Arbitrariness andor capriciousness.
26		-	f.A failure to make a written record of its consideration of written and oral
	20	+	portion of a rule is void if that:
	21	+	a. The rule is initially considered by the committee not later than the fifteenth day of
	22	+	the month before the date of the administrative code supplement in which the
	23	+	rule change is scheduled to appear. The administrative rules committee may find
	24	+	a rule or portion of a rule void if the and a representative of the agency appears
	25	+	before the administrative rules committee when the rules are scheduled for
	26	+	committee consideration; and
	27	+	b. The committee makes the specific finding that, with regard to that rule or portion
	28	+	of a rule, there is:
	29	+	a.(1) An absence of statutory authority.
	30	+	b.(2) An emergency relating to public health, safety, or welfare.
	31	+	Page No. 1 25.0688.02001
	32	+	HOUSE BILL NO. 1368
	33	+	PROPOSED AMENDMENTS TO
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	52	+	19 Sixty-ninth
	53	+	Legislative Assembly
	54	+	c.(3) A failure to comply with express legislative intent or to substantially meet
	55	+	the procedural requirements of this chapter for adoption of the rule.
	56	+	d.(4) A conflict with state law.
	57	+	e.(5) Arbitrariness andor capriciousness.
	58	+	f.(6) A failure to make a written record of its consideration of written and oral
27	59		submissions respecting the rule under section 28-32-11.
28		-	Page No. 1 25.0688.04000
29		-	ENGROSSED HOUSE BILL NO. 1368
30		-	FIRST ENGROSSMENT
31		-	with Senate Amendments
	60	+	(7) g. An absence of necessity.
	61	+	(8) h. An absence of reasonableness.
	62	+	2.The administrative rules committee may find a rule void at the meeting at which the
	63	+	rule is initially considered by the committee or may hold consideration of thata rule for
	64	+	one subsequent meeting.
	65	+	3.If no representative of the agency appears before the administrative rules committee
	66	+	when:
	67	+	a.When rules are scheduled for committee consideration, thosethe rules are held
	68	+	over for consideration at the next subsequent committee meeting. Rules are not
	69	+	considered initially considered by the committee under this subsection until a
	70	+	representative of the agency appears before the administrative rules committee
	71	+	when the rules are scheduled for committee consideration. If no representative of
	72	+	the agency appears before the administrative rules committee meeting
	73	+	b.Meeting to which rules are held over for consideration, the:
	74	+	(1)The rules are void if the rules were adopted as emergency rules and for
	75	+	rules not adopted as emergency rules the; or
	76	+	(2)The administrative rules committee may void the rules, allow the rules to
	77	+	become effective, or hold over consideration of the rules to the next
	78	+	subsequent committee meeting.
	79	+	4.Within three business days after the administrative rules committee finds that a rule is
	80	+	void, the legislative council shall provide written notice of that finding and the
	81	+	committee's specific finding under subdivisions a through fsubdivision b of
	82	+	subsection 1 to the adopting agency and to the chairman of the legislative
	83	+	management.
	84	+	Page No. 2 25.0688.02001
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	115	+	Legislative Assembly
	116	+	5.Within fourteen days after receipt of the notice, the adopting agency may file a petition
	117	+	with the chairman of the legislative management for review by the legislative
	118	+	management of the decision of the administrative rules committee. If the adopting
	119	+	agency does not file a petition for review, the rule becomes void on the fifteenth day
	120	+	after the notice from the legislative council to the adopting agency. If within sixty days
	121	+	after receipt of the petition from the adopting agency the legislative management has
	122	+	not disapproved by motion the finding of the administrative rules committee, the rule is
	123	+	void.
	124	+	3.6.An agencyThe committee may amend or repeal a rule or create a related rule if, after
	125	+	consideration of rules by the administrative rules committee, the representative from
	126	+	the agency and committee agree that the rule amendment, repeal, or creation is
	127	+	necessary to address any of the considerations under subsection 1reasonable.
	128	+	7.A rule amended, repealed, or created under this subsection issubsection 6:
	129	+	a.Is not subject to the other requirements of this chapter relating to adoption of
	130	+	administrative rules and may.
	131	+	b.May be published by the legislative council as amended, repealed, or created. If
	132	+	requested by the agency or any interested party, a rule amended, repealed, or
	133	+	created under this subsection must
	134	+	c.Must be reconsidered by the administrative rules committee at a subsequent
	135	+	meeting at which public comment on the agreed rule change must be allowed, if
	136	+	requested by the agency or an interested party .
	137	+	Page No. 3 25.0688.02001
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