§ 28-32-18 — Administrative rules committee may void rule - Grounds - Amendment by agreement of agency and committee

North Dakota § 28-32-18

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

Text

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.