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ND HB1434

ND HB1434
The force and effect of administrative rules.


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 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.

AI Summary

This bill modifies North Dakota's administrative rules process by establishing a mandatory review and expiration mechanism for state agency rules. Specifically, administrative rules will now automatically expire ten years after their effective date, with the first set of expirations to be determined by the governor for rules already in effect before January 1, 2026. The governor is required to provide notice to agencies about upcoming rule expirations, publish a comprehensive table of rules and their expiration dates, and conduct a review before each rule's expiration. During this review, the governor can either extend the rule's validity for another ten years or determine that the rule should expire, in which case the relevant agency must amend or repeal the rule within one year. The bill also gives the governor discretion to exempt certain rules from this process or grant extensions to agencies. Additionally, the bill clarifies the conditions under which administrative rules can lose their legal force, including amendment, repeal, court invalidation, suspension by the administrative rules committee, gubernatorial expiration determination, or legislative council action. This legislation aims to ensure periodic review and updating of administrative rules to maintain their relevance and effectiveness.

Committee Categories

Government Affairs

Sponsors (4)

Last Action

Second reading, failed to pass, yeas 0 nays 92 (on 02/05/2025)

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