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.
HB1368 seeks to amend subsection 1 of section 28-32-18 of the North Dakota Century Code, which governs the authority of the legislative management's administrative rules committee to void administrative rules. The bill specifies conditions under which the committee may find a rule or a portion of a rule void, including lack of statutory authority, emergencies related to public health, safety, or welfare, noncompliance with legislative intent, conflicts with state law, arbitrariness, and failure to maintain a written record of considerations regarding the rule.
If enacted, this bill would clarify and potentially expand the powers of the administrative rules committee in North Dakota, allowing them to void rules under specific circumstances. This could lead to more stringent oversight of administrative rules, ensuring they align with legislative intent and statutory authority, thereby impacting how state agencies implement rules and regulations.
The sentiment surrounding HB1368 appears to be mixed, as indicated by its failure to pass. While some legislators may have supported the increased oversight of administrative rules, others likely raised concerns about the implications for agency autonomy and the potential for increased bureaucratic hurdles.
Notable points of contention include the balance between legislative oversight and agency authority. Supporters argue that the bill is necessary to ensure accountability and adherence to the law, while opponents may argue that it could hinder the ability of agencies to respond effectively to public needs and emergencies.