AN ACT to create and enact a new section to chapter 28-32 of the North Dakota Century Code, relating to the enforcement of agency rules.
Summary
SB 2258 creates a new section in North Dakota Century Code chapter 28-32 governing how state agencies enforce administrative rules. The bill requires an agency, when taking enforcement action under a rule — including through an official notice, determination, order, or similar action — to specifically identify the statute or rule that provides the agency’s authority if the person subject to enforcement requests that information. The agency must provide that citation within ten days of receiving the request.
The measure is aimed at increasing transparency and clarity in agency enforcement actions. It does not appear to change the substantive content of agency rules themselves, but instead adds a procedural disclosure requirement that applies during enforcement. In practical terms, it gives regulated persons a clearer way to challenge or understand the legal basis for an agency action and may affect how agencies document and communicate enforcement decisions.
Impact
SB 2258 adds a new procedural requirement to chapter 28-32 of the North Dakota Century Code, which governs administrative agencies and rulemaking/enforcement procedures. State agencies enforcing rules will need to be prepared to promptly identify the specific statutory or regulatory authority behind an enforcement action when asked, and regulated parties gain an express right to request that citation. The bill primarily affects administrative agencies, regulated businesses, and individuals subject to agency enforcement, rather than altering underlying substantive regulatory standards.
Sentiment
The voting history suggests the bill was generally well received, especially in the House, where it passed overwhelmingly 90-2. The Senate vote was closer at 30-17, indicating some more divided views in the chamber of origin, but still enough support for passage. Overall, the available record points to broad legislative approval of the bill’s transparency-focused approach.
Contention
The main point of contention appears to be whether the new disclosure requirement is necessary or burdensome for agencies. Supporters likely viewed it as a straightforward accountability measure that helps people understand the legal basis for enforcement, while opponents in the Senate may have been concerned about added administrative obligations, potential delays, or the need to respond to requests within a fixed ten-day window. The lopsided House vote suggests those concerns were less persuasive there than in the Senate.
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.