§ 28-32-17 — Administrative rules committee objection

If the legislative management's administrative rules committee objects to all or any portion
of a rule because the committee deems it to be unreasonable, arbitrary, capricious, or beyond
the authority delegated to the adopting agency, the committee may file that objection in certified
form with the legislative council. The filed objection must contain a concise statement of the
committee's reasons for its action.
1. The legislative council shall attach to each objection a certification of the time and date
of its filing and, as soon as possible, shall transmit a copy of the objection and the
certification to the agency adopting the rule in question. The legislative council also
shall maintain a permanent register of all committee objections.
2. The legislative council shall publish an objection filed pursuant to this section in the
next issue of the code supplement. In case of a filed committee objection to a rule
subject to the exceptions of the definition of rule in section 28-32-01, the agency shall
indicate the existence of that objection adjacent to the rule in any compilation
containing that rule.
3. Within fourteen days after the filing of a committee objection to a rule, the adopting
agency shall respond in writing to the committee. After receipt of the response, the
committee may withdraw or modify its objection.
4. After the filing of a committee objection, the burden of persuasion is upon the agency
in any action for judicial review or for enforcement of the rule to establish that the
whole or portion thereof objected to is within the procedural and substantive authority
delegated to the agency. If the agency fails to meet its burden of persuasion, the court
shall declare the whole or portion of the rule objected to invalid and judgment must be
rendered against the agency for court costs. These court costs must include a
reasonable attorney's fee and must be payable from the appropriation of the agency
which adopted the rule in question.