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ND SB2182

ND SB2182
The amendment of an administrative rule by agreement of the agency and administrative rules committee.


summary

Introduced
01/13/2025
In Committee
01/31/2025
Crossed Over
Passed
Dead
05/03/2025

Introduced Session

69th Legislative Assembly

Bill Summary

A BILL for an Act to amend and reenact section 28-32-18 of the North Dakota Century Code, relating to the amendment of an administrative rule by agreement of the agency and administrative rules committee.

AI Summary

This bill amends Section 28-32-18 of the North Dakota Century Code, which governs the administrative rules review process. The bill modifies the procedures by which the Legislative Management's Administrative Rules Committee can review and potentially void administrative rules. Key changes include clarifying the conditions under which a rule can be found void, such as absence of statutory authority, conflicts with state law, or arbitrariness, and establishing more specific requirements for agency representation during rule review. The bill introduces a more structured process for handling rules, including provisions for agency representatives to appear before the committee, opportunities to address committee concerns, and a mechanism for amending or repealing rules by mutual agreement between the agency and the committee. The amendment also streamlines the notification process when rules are voided, allowing agencies to petition for review and providing a clear timeline for potential rule invalidation. Importantly, the bill creates a more flexible pathway for agencies to modify rules in collaboration with the administrative rules committee, potentially reducing bureaucratic hurdles while maintaining oversight of administrative rule-making.

Committee Categories

Government Affairs

Sponsors (6)

Last Action

Second reading, failed to pass, yeas 0 nays 46 (on 02/04/2025)

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