HB 1368 — Relating to the authority of the administrative rules committee to void an administrative rule.

25.0688.0300225.0688.03000 Prepared by the Legislative Council Title.04000 staff for Senator Walen April 3, 2025 Sixty-ninth Legislative Assembly of North Dakota PROPOSED AMENDMENTS TO FIRST ENGROSSMENT ENGROSSED HOUSE BILL NO.

1368 Introduced by Representatives Koppelman, Kasper, Louser Senators Clemens, Cory, Lemm, Magrum, Myrdal, Paulson A BILL for an Act to amend and reenact section 28-32-18 of the North Dakota Century Code, relating to voiding and amending administrative rules by the administrative rules committee.forcommittee. an Act to amend and reenact subsection 1 of section 28-32-18 of the North Dakota Century Code, relating to the authority of the administrative rules committee to void an administrative rule.

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If the adopting Pageagency No.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.

2 25.0688.03002 Sixty-ninth Legislative Assembly 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.

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SECTION 1.

AMENDMENT.

Subsection 1 of section 28-32-18 of the North Dakota Century Code is amended and reenacted as follows:

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.

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Arbitrariness andor 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.

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