A BILL for an Act to amend and reenact section 28-32-18 of the North Dakota Century Code, relating to the amendment of an administrative rule by agreement of the agency and administrative rules committee.
Summary
SB 2182 would revise North Dakota’s administrative rule review process by changing when and how the Legislative Management’s Administrative Rules Committee can void a rule and by creating a new mechanism for agencies and the committee to agree on rule changes. Under the bill, the committee could still void a rule for reasons such as lack of statutory authority, conflict with state law, procedural defects, or arbitrariness, but the bill also clarifies timing rules for initial consideration, holdover of rules when an agency representative does not appear, and notice and review procedures after a rule is found void.
The bill also adds a new provision allowing an agency and the committee, after considering a rule, to agree to amend, repeal, or create a related rule to address the committee’s concerns. Those agreed changes would not have to go through the full ordinary administrative rulemaking process, though they could be published by the Legislative Council and, if requested, reconsidered at a later committee meeting with public comment. In effect, the bill would streamline negotiated corrections to administrative rules while preserving legislative oversight.
Impact
SB 2182 would have amended section 28-32-18 of the North Dakota Century Code, which governs the Administrative Rules Committee’s authority to void administrative rules and the procedures for review and notice. The bill would have affected state agencies that adopt administrative rules, the Legislative Council, the Administrative Rules Committee, and the Legislative Management by changing the process for challenging, holding over, voiding, and revising rules. It would also have created a more flexible path for agencies and the committee to resolve concerns without restarting the full rulemaking process.
Sentiment
The bill appears to have had little support in the Senate, where it failed on second reading by a vote of 0-46. With no recorded committee transcript available, there is no evidence of organized support in the provided materials, and the floor vote suggests broad opposition or lack of appetite for the proposal. Overall, the sentiment reflected in the voting history is strongly negative.
Contention
The main point of contention likely involved the bill’s shift in administrative rulemaking power and procedure. Supporters would have viewed the measure as a practical way to let agencies and the Administrative Rules Committee resolve rule issues more efficiently, while opponents may have been concerned that it weakened existing procedural safeguards, reduced the formality of rule adoption, or altered the balance between legislative oversight and agency discretion. The 0-46 vote indicates that whatever the specific objections were, they were strong enough to prevent any support on the Senate floor.
A BILL for an Act to amend and reenact section 28-32-18 of the North Dakota Century Code, relating to the amendment of an administrative rule by agreement of the agency and administrative rules committee.
A BILL for 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.
A BILL for an Act to create and enact a new section to chapter 28-32 of the North Dakota Century Code, relating to the expiration of administrative rules and a review process administered by the governor; and to amend and reenact section 28-32-06 of the North Dakota Century Code, relating to the force and effect of administrative rules.
AN ACT to amend and reenact subdivision b of subsection 1 of section 28-32-10 of the North Dakota Century Code, relating to the required abbreviated notice for administrative rulemaking.
A BILL for an Act to amend and reenact section 28-32-18 of the North Dakota Century Code, relating to the amendment of an administrative rule by agreement of the agency and administrative rules committee.
A BILL for 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.