Summary — HB 1368 (North Dakota)
A bill to amend subsection 1 of NDCC § 28‑32‑18 (administrative rules committee authority to void a rule)
Status
- Introduced: November 18, 2024
- Sponsors: Representatives Koppelman, Kasper, Louser; Senators Clemens, Cory, Lemm, Magrum, Myrdal, Paulson
- Legislative action: Reached second reading; failed to pass on second reading (yeas 22, nays 24)
Purpose / Intent
- Clarify and (re)state the circumstances under which the Legislative Management’s Administrative Rules Committee (ARC) may find all or part of an administrative rule to be void. The bill focuses on the committee’s timing authority and enumerates specific legal and procedural grounds for voiding rules.
Key provisions and changes
- Timing for initial consideration: A rule must be “initially considered” by the ARC not later than the 15th day of the month before the administrative code supplement in which the rule change is scheduled to appear for the committee to have authority to find it void.
- Enumerated grounds for voiding (committee must make a specific finding that the rule or portion exhibits one or more of the listed defects):
- Absence of statutory authority;
- An emergency relating to public health, safety, or welfare;
- Failure to comply with express legislative intent or to substantially meet the procedural requirements of the Administrative Rules Chapter for adoption of the rule;
- Conflict with state law;
- Arbitrariness and/or capriciousness; and
- Failure to make a written record of consideration of written and oral submissions under NDCC § 28‑32‑11.
- Procedural mechanics (existing section language retained elsewhere in the section and reflected in bill context):
- The committee may void a rule at the initial meeting of consideration or hold it for one subsequent meeting.
- Written notice of a voiding finding must be provided to the adopting agency and the chairman of Legislative Management within three business days.
- The adopting agency has 14 days after notice to petition for review by Legislative Management; absent a petition, the rule becomes void on the 15th day after notice; if a petition is filed and Legislative Management does not disapprove the ARC finding by motion within 60 days, the rule is void.
- Agency/committee agreement option: the ARC (or the agency and committee by agreement) may amend, repeal, or create a related rule to address the committee’s findings; agreed changes may be published and — if requested — must be reconsidered by the committee with public comment.
Who is affected
- State administrative agencies that adopt rules under ND law (their rulemaking outcomes and timelines);
- Regulated entities and members of the public impacted by agency rules (potentially faster invalidation of rules found deficient);
- The Legislative Management / Administrative Rules Committee (clarifies and codifies grounds and timing of oversight).
Procedural/timeline notes
- The bill narrows/clarifies when ARC oversight can be exercised (the 15th‑day pre‑supplement deadline) and specifies concrete grounds and notice/review deadlines (3 days for notice, 14 days to petition, 15/60‑day disposition timetable).
- Although reported through committee stages, HB 1368 did not advance: it failed passage on second reading (22–24).
Potential implications
- Could increase legislative oversight of agency rulemaking by making voiding authority and grounds explicit and by enforcing firm timing and notice rules.
- Agencies may need to adjust rule‑adoption processes to ensure statutory authority, clear recordkeeping of public submissions, and alignment with legislative intent to reduce risk of voiding.
