28-32-08. Regulatory analysis.
335 words·~2 min read·
/nd/title-28/chapter-28-32-administrative-agencies-practice-act/28-32-08·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
1. An agency or the commission shall issue a regulatory analysis of a proposed rule if:
a. Within twenty days after the last published notice date of a proposed rule hearing,
a written request for the analysis is filed by the governor or a member of the
legislative assembly; or
b. The proposed rule is expected to have an impact on the regulated community in
excess of fifty thousand dollars. The analysis under this subdivision must be
available on or before the first date of public notice as provided for in section
28-32-10.
2. The regulatory analysis must contain:
a. A description of the classes of persons who probably will be affected by the
proposed rule, including classes that will bear the costs of the proposed rule and
classes that will benefit from the proposed rule;
b. A description of the probable impact, including economic impact, of the proposed
rule;
c. The probable costs to the agency or commission of the implementation and
enforcement of the proposed rule and any anticipated effect on state revenues;
and
d. A description of any alternative methods for achieving the purpose of the
proposed rule that were seriously considered by the agency or commission and
the reasons why the methods were rejected in favor of the proposed rule.
3. Each regulatory analysis must include quantification of the data to the extent
practicable.
4. The agency or commission shall mail or deliver a copy of the regulatory analysis to
any person who requests a copy of the regulatory analysis. The agency or commission
may charge a fee for a copy of the regulatory analysis as allowed under section
44-04-18.
5. If required under subsection 1, the preparation and issuance of a regulatory analysis is
a mandatory duty of the agency or commission proposing a rule. Errors in a regulatory
analysis, including erroneous determinations concerning the impact of the proposed
rule on the regulated community, are not a ground upon which the invalidity of a rule
may be asserted or declared.