The proposed bill amends and reenacts subsection 1 of section 28-32-18 of the North Dakota Century Code, which pertains to the authority of the administrative rules committee to void administrative rules. The bill specifies that the committee may find a rule void if it is considered within a certain timeframe and if specific grounds are met. New grounds for voiding a rule include "an absence of necessity" and "an absence of reasonableness," while existing grounds such as "arbitrariness and capriciousness" have been modified for clarity.
Additionally, the bill outlines the process for the committee's consideration of rules, including the requirement for agency representation during meetings. If no agency representative appears, the committee has the authority to void the rules or allow them to become effective. The bill also establishes a timeline for notifying the adopting agency of any voided rules and allows for the possibility of amending or repealing rules through agreement between the agency and the committee. Overall, the amendments aim to clarify the committee's authority and streamline the process for handling administrative rules.
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