§ 28-32-08.1 — Rules affecting small entities - Analysis - Economic impact statements - Judicial review

North Dakota § 28-32-08.1

• Jurisdiction: North Dakota
• Title 28: Judicial Procedure, Civil
• Ch. 28-32: Administrative Agencies Practice Act

Text

Judicial review.
1. As used in this section:
a. "Small business" means a business entity, including its affiliates, which:
(1) Is independently owned and operated; and
(2) Employs fewer than twenty-five full-time employees or has gross annual
sales of less than two million five hundred thousand dollars;
b. "Small entity" includes small business, small organization, and small political
subdivision;
c. "Small organization" means any not-for-profit enterprise that is independently
owned and operated and is not dominant in its field; and
d. "Small political subdivision" means a political subdivision with a population of less
than five thousand.
2. Before adoption of any proposed rule, the adopting agency shall prepare a regulatory
analysis in which, consistent with public health, safety, and welfare, the agency
considers utilizing regulatory methods that will accomplish the objectives of applicable
statutes while minimizing adverse impact on small entities. The agency shall consider
each of the following methods of reducing impact of the proposed rule on small
entities:
a. Establishment of less stringent compliance or reporting requirements for small
entities;
b. Establishment of less stringent schedules or deadlines for compliance or
reporting requirements for small entities;
c. Consolidation or simplification of compliance or reporting requirements for small
entities;

d. Establishment of performance standards for small entities to replace design or
operational standards required in the proposed rule; and
e. Exemption of small entities from all or any part of the requirements contained in
the proposed rule.
3. Before adoption of any proposed rule that may have an adverse impact on small
entities, the adopting agency shall prepare an economic impact statement that
includes consideration of:
a. The small entities subject to the proposed rule;
b. The administrative and other costs required for compliance with the proposed
rule;
c. The probable cost and benefit to private persons and consumers who are
affected by the proposed rule;
d. The probable effect of the proposed rule on state revenues; and
e. Any less intrusive or less costly alternative methods of achieving the purpose of
the proposed rule.
4. For any rule subject to this section, a small entity that is adversely affected or
aggrieved by final agency action is entitled to judicial review of agency compliance
with the requirements of this section. A small entity seeking judicial review under this
section must file a petition for judicial review within one year from the date of final
agency action.
5. This section does not apply to the ethics commission, any agency that is an
occupational or professional licensing authority, and the following agencies or divisions
of agencies:
a. Council on the arts.
b. Beef commission.
c. Dairy promotion commission.
d. Dry bean council.
e. Highway patrol troopers' retirement board.
f. Indian affairs commission.
g. Board for Indian scholarships.
h. State personnel board.
i. Potato council.
j. Board of public school education.
k. Real estate trust account committee.
l. Seed commission.
m. Soil conservation committee.
n. Oilseed council.
o. Wheat commission.
p. State seed arbitration board.
q. North Dakota lottery.
6. This section does not apply to rules mandated by federal law.
7. The adopting agency shall provide the administrative rules committee copies of any
regulatory analysis or economic impact statement, or both, prepared under this section
when the committee is considering the associated rules.