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.
HB1434 proposes to amend the North Dakota Century Code by introducing a new section that establishes a process for the expiration and review of administrative rules, which would be administered by the governor. The bill stipulates that rules will automatically expire ten years after their effective date unless reviewed and renewed by the governor. Additionally, the bill amends existing statutes to clarify the force and effect of rules, outlining conditions under which they may be declared invalid or expired.
If enacted, this bill would significantly alter the landscape of administrative rule-making in North Dakota by instituting a systematic review process for rules every ten years. This could lead to the expiration of outdated or unnecessary regulations, thereby streamlining governance and potentially reducing bureaucratic burdens on agencies and the public. The governor's role in this process would increase executive oversight over administrative rules, impacting how agencies operate and implement regulations.
The sentiment surrounding HB1434 appears to be mixed, with proponents arguing that it promotes accountability and efficiency in government by ensuring that rules are regularly reviewed and updated. However, there are concerns about the potential for overreach by the governor and the implications for agencies that may struggle with the additional administrative burden of compliance and reporting requirements.
Notable points of contention include the balance of power between the executive branch and administrative agencies, with some legislators expressing concern that the bill could undermine the autonomy of agencies by placing rule expiration decisions solely in the hands of the governor. Additionally, there are worries about the practical implications of implementing such a review process and whether it could lead to the unintended consequence of eliminating necessary regulations.