The proposed amendments to section 28-32-18 of the North Dakota Century Code aim to clarify and expand the authority of the legislative management's administrative rules committee regarding the voiding of administrative rules. The bill introduces new criteria for voiding rules, including an "absence of necessity" and an "absence of reasonableness," while removing the previous criteria of "arbitrariness and capriciousness." Additionally, the bill specifies that if no representative from the adopting agency appears at the committee meeting, the committee may void the rules or allow them to become effective, depending on whether the rules were adopted as emergency rules.

Furthermore, the amendments streamline the process for the committee to amend or repeal rules in agreement with the agency, allowing for a more efficient response to concerns raised during the rule-making process. The bill also mandates that any rule changes made under this agreement must be reconsidered by the committee at a subsequent meeting, where public comment is allowed if requested. Overall, these changes are designed to enhance the oversight and accountability of administrative rules in North Dakota.

Statutes affected:
INTRODUCED: 28-32-18
Adopted by the House Political Subdivisions Committee: 28-32-18
FIRST ENGROSSMENT: 28-32-18
Prepared by the Legislative Council staff for Senator Walen: 28-32-18