28-32-18. Administrative rules committee may void rule - Grounds - Amendment by
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/nd/title-28/chapter-28-32-administrative-agencies-practice-act/28-32-18·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
agreement of agency and committee.
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 and 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.
2. The administrative rules committee may find a rule void at the meeting at which the
rule is initially considered by the committee or may hold consideration of that rule for
one subsequent meeting. If no representative of the agency appears before the
administrative rules committee when rules are scheduled for committee consideration,
those rules are held over for consideration at the next subsequent committee meeting.
Rules are not considered initially considered by the committee under this subsection
until a representative of the agency appears before the administrative rules committee
when the rules are scheduled for committee consideration. If no representative of the
agency appears before the administrative rules committee meeting to which rules are
held over for consideration, the rules are void if the rules were adopted as emergency
rules and for rules not adopted as emergency rules the administrative rules committee
may void the rules, allow the rules to become effective, or hold over consideration of
the rules to the next subsequent committee meeting. Within three business days after
the administrative rules committee finds that a rule is void, the legislative council shall
provide written notice of that finding and the committee's specific finding under
subdivisions a through f of subsection 1 to the adopting agency and to the chairman of
the legislative management. Within fourteen days after receipt of the notice, the
adopting agency may file a petition with the chairman of the legislative management
for review by the legislative management of the decision of the administrative rules
committee. If the adopting agency does not file a petition for review, the rule becomes
void on the fifteenth day after the notice from the legislative council to the adopting
agency. If within sixty days after receipt of the petition from the adopting agency the
legislative management has not disapproved by motion the finding of the
administrative rules committee, the rule is void. 3. An agency may amend or repeal a rule or create a related rule if, after consideration of
rules by the administrative rules committee, the agency and committee agree that the
rule amendment, repeal, or creation is necessary to address any of the considerations
under subsection 1. A rule amended, repealed, or created under this subsection is not
subject to the other requirements of this chapter relating to adoption of administrative
rules and may be published by the legislative council as amended, repealed, or
created. If requested by the agency or any interested party, a rule amended, repealed,
or created under this subsection must be reconsidered by the administrative rules
committee at a subsequent meeting at which public comment on the agreed rule
change must be allowed.
28-32-18.1. Administrative rules committee review of existing rules. 1. Upon request by the administrative rules committee, an administrative agency or the
commission shall brief the committee on its existing rules and point out any provisions
that appear to be obsolete and any areas in which statutory or constitutional authority
has changed or been repealed since the rules were adopted or amended. 2. An agency or the commission may amend or repeal a rule without complying with the
other requirements of this chapter relating to adoption of rules and may resubmit the
change to the legislative council for publication provided:
a. The agency or commission initiates the request to the administrative rules
committee for consideration of the amendment or repeal;
b. The agency or commission provides notice to the regulated community, in a
manner reasonably calculated to provide notice to those persons interested in the
rule, of the time and place the administrative rules committee will consider the
request for amendment or repeal of the rule; and
c. The agency or commission and the administrative rules committee agree the rule
amendment or repeal eliminates a provision that is obsolete or no longer in
compliance with law and that no detriment would result to the substantive rights
of the regulated community from the amendment or repeal.
28-32-19. Publication of administrative code and code supplement. 1. The legislative council shall compile, index, and publish all rules filed pursuant to this
chapter in a publication which must be known as the North Dakota Administrative
Code, in this chapter referred to as the code. The code also must contain all objections
filed with the legislative council by the administrative rules committee pursuant to
section 28-32-17. The legislative council shall revise all or part of the code as often as
the legislative council determines necessary. 2. The legislative council may prescribe the format, style, and arrangement for rules to be
published in the code and may refuse to accept the filing of any rule that is not in
substantial compliance with the format, style, and arrangement. In arranging rules for
publication, the legislative council may make corrections in spelling, grammatical
construction, format, and punctuation of the rules as the legislative council determines
are proper. The legislative council shall keep and maintain a permanent code of all
rules filed, including superseded and repealed rules, which must be open to public
inspection during office hours.
3. The legislative council shall compile and publish the North Dakota Administrative Code
supplement according to the schedule of effective dates of rules in section 28-32-15.
a. The code supplement must contain all rules that have been filed with the
legislative council or which have become effective since the compilation and
publication of the preceding issue of the code supplement.
b. The code supplement must contain all objections filed with the legislative council
by the administrative rules committee pursuant to section 28-32-17.
4. The legislative council, with the consent of the adopting agency or commission, may
omit from the code or code supplement any rule the publication of which would be
unduly cumbersome, expensive, or otherwise inexpedient, if the rule in printed or
duplicated form is made available on application to the agency or commission, and if
the code or code supplement contains a notice stating the general subject matter of
the omitted rule and how a copy may be obtained.
5. The code must be arranged, indexed, and printed or duplicated in a manner to permit
separate publication of portions thereof relating to individual agencies. An agency may
print as many copies of such separate portions of the code as it may require. If the
legislative council does not publish the code supplement due to technological
problems or lack of funds, the agency whose rules would have been published in the
code supplement shall provide a copy of the rules to any person upon request. The
agency may charge a fee for a copy of the rules as allowed under section 44-04-18.