25.1113.01000
Sixty-ninth
Legislative Assembly
of North Dakota
Introduced by
Representatives O'Brien, Pyle, Schreiber-Beck
Senator Roers
A BILL for an Act to create and enact a new section to chapter 28-32 of the North Dakota
Century Code, relating to the expiration of administrative rules and a review process
administered by the governor; and to amend and reenact section 28-32-06 of the North Dakota
Century Code, relating to the force and effect of administrative rules.
BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
SECTION 1. AMENDMENT. Section 28-32-06 of the North Dakota Century Code is
amended and reenacted as follows:
28-32-06. Force and effect of rules.
Upon becoming effective, rules havea rule has the force and effect of law until amended:
1.Amended or repealed by the agency or commission, declared in accordance with this
chapter;
2.Declared invalid by a final court decision, suspended;
3.Suspended or found to be void by the administrative rules committee, or determined;
4.One year after the rule is determined expired by the governor under section 2 of this
Act; or
5.Determined repealed by the legislative council because the authority for adoption of
the rules is repealed or transferred to another agency.
SECTION 2. A new section to chapter 28-32 of the North Dakota Century Code is created
and enacted as follows:
Expiration of administrative rules - Governor - Rule review process - Rules.
1.A rule expires on January first ten years after its effective date as published by the
legislative council in the North Dakota Administrative Code.
2.Notwithstanding subsection 1, if a rule is effective before January 1, 2026, the
expiration date must be determined by the governor.
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HOUSE BILL NO. 1434
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24 Sixty-ninth
Legislative Assembly
3.The governor shall:
a.Provide notice of an expiration date of a rule to the commission or agency before
one year before the expiration date.
b.Organize and publish a table containing each rule and the expiration date for the
rule.
c.Review a rule before it expires. Upon review, the governor may update the
expiration date for another ten years or determine the rule is expired. If the
governor determines the rule is expired, the governor shall require the agency or
commission to amend or repeal the rule in accordance with this chapter within
one year of the expiration date of the rule.
d.Adopt rules in accordance with this chapter to implement the rule expiration and
review process under this section.
4.An agency or the commission shall provide to the governor a report to facilitate the
review process under this section, in accordance with rules adopted by the governor.
5.The governor may:
a.Exempt a rule from the requirements under this section.
b.Grant an extension to an agency or commission.
Page No. 2 25.1113.01000
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