25.0688.04000
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 subsection 1 of section 28-32-18 of the North Dakota
Century Code, relating to the authority of the administrative rules committee to void an
administrative rule.
BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
SECTION 1. AMENDMENT. Subsection 1 of section 28-32-18 of the North Dakota Century
Code is amended and reenacted as follows:
1.The legislative management's administrative rules committee may find that all or any
portion of a rule is void if that 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 committee makes the specific finding that, with
regard to that rule or portion of a rule, there is:
a.An absence of statutory authority.
b.An emergency relating to public health, safety, or welfare.
c.A failure to comply with express legislative intent or to substantially meet the
procedural requirements of this chapter for adoption of the rule.
d.A conflict with state law.
e.Arbitrariness andor capriciousness.
f.A failure to make a written record of its consideration of written and oral
submissions respecting the rule under section 28-32-11.
Page No. 1 25.0688.04000
ENGROSSED HOUSE BILL NO. 1368
FIRST ENGROSSMENT
with Senate Amendments
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