Legislative Assembly HOUSE BILL NO. 1344
of North Dakota
Introduced by
Representatives Koppelman, Kasper, Louser, Satrom, Toman
Senators Clemens, Lemm, Paulson, Vedaa
1 A BILL for an Act to amend and reenact sections 28-32-14 and 28-32-17 and subsection 1 of
2 section 28-32-18 of the North Dakota Century Code, relating to the attorney general's review of
3 proposed administrative rules and the authority of the administrative rules committee to object
4 to or void an administrative rule.
6 SECTION 1. AMENDMENT. Section 28-32-14 of the North Dakota Century Code is
7 amended and reenacted as follows:
8 28-32-14. Attorney general review of rules.
9 1. Every rule proposed by anyan administrative agency must be submitted to the
10 attorney general for an opinion as to itsthe rule's legality before final adoption, and the
11 attorney general promptly shall furnish each suchthat opinion.
12 2. The attorney general may not approve anya rule as to legality when theif:
13 a. The rule exceeds the statutory authority of the agency or ;
14 b. The rule is written in a manner that is not concise or easily understandable or
15 when the;
16 c. The rule is contrary to legislative intent, including the defeat of a legislative
17 measure; or
18 d. The procedural requirements for adoption of the rule in this chapter are not
19 substantially met.
20 3. The attorney general shall advise an agency of anya revision or rewording of a rule
21 necessary to correct objections as to legality.
22 SECTION 2. AMENDMENT. Section 28-32-17 of the North Dakota Century Code is
23 amended and reenacted as follows:
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Legislative Assembly
1 28-32-17. Administrative rules committee objection.
2 If the legislative management's administrative rules committee objects to all or any portion
3 of a rule because the committee deems itthe rule or portion of the rule to be unreasonable,
4 unnecessary, arbitrary, capricious, or beyond the authority delegated to the adopting agency,
5 the committee may file thatthe objection in certified form with the legislative council. The filed
6 objection must contain a concise statement of the committee's reasons for its action.
7 1. The legislative council shall attach to each objection a certification of the time and date
8 of its filing and, as soon as possible, shall transmit a copy of the objection and the
9 certification to the agency adopting the rule in question. The legislative council also
10 shall maintain a permanent register of all committee objections.
11 2. The legislative council shall publish an objection filed pursuant to this section in the
12 next issue of the code supplement. In case of a filed committee objection to a rule
13 subject to the exceptions of the definition of rule in section 28-32-01, the agency shall
14 indicate the existence of that objection adjacent to the rule in any compilation
15 containing that rule.
16 3. Within fourteen days after the filing of a committee objection to a rule, the adopting
17 agency shall respond in writing to the committee. After receipt of the response, the
18 committee may withdraw or modify itsthe committee's objection.
19 4. After the filing of a committee objection, the burden of persuasion is upon the agency
20 in any action for judicial review or for enforcement of the rule to establish that the
21 wholerule or portion thereofof the rule objected to is within the procedural and
22 substantive authority delegated to the agency. If the agency fails to meet its burden of
23 persuasion, the court shall declare the whole or portion of the rule objected to invalid
24 and judgment must be rendered against the agency for court costs. These court costs
25 must include a reasonable attorney's fee and must be payable from the appropriation
26 of the agency which adopted the rule in question.
27 SECTION 3. AMENDMENT. Subsection 1 of section 28-32-18 of the North Dakota Century
28 Code is amended and reenacted as follows:
29 1. The legislative management's administrative rules committee may find that all or anya
30 rule or portion of a rule is void if that rule is initially considered by the committee not
31 later than the fifteenth day of the month before the date of the administrative code
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1 supplement in which the rule change is scheduled to appear. The administrative rules
2 committee may find a rule or portion of a rule void if the committee makes the specific
3 finding that, with regard to that rule or portion of a rule, there is:
4 a. An absence of statutory authority.
5 b. An emergency relating to public health, safety, or welfare.
6 c. A failure to comply with express legislative intent or to substantially meet the
7 procedural requirements of this chapter for adoption of the rule.
8 d. A conflict with state law.
9 e. Arbitrariness and capriciousness.
10 f. A failure to make a written record of its consideration of written and oral
11 submissions respecting the rule under section 28-32-11.
12 g. An absence of necessity.
13 h. An absence of reasonableness.
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Statutes affected:
INTRODUCED: 28-32-14, 28-32-17, 28-32-18
FIRST ENGROSSMENT: 28-32-14, 28-32-17, 28-32-18