Bill
SB 2258
Requires state agencies enforcing rules to cite the legal authority behind enforcement actions within 10 days of a request, boosting transparency for regulated parties.
Title: 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
Status and procedural history
- Introduced: March 11, 2025.
- Filed with Secretary of State: March 25, 2025.
- Referred to Local Government (and other committee actions recorded). Votes on passage are recorded in the legislative journal; the bill was enrolled and filed.
- The bill creates a new section in chapter 28‑32 (administrative procedure/rules) of the North Dakota Century Code.
Purpose and intent
- Increase transparency and accountability when state agencies enforce administrative rules by requiring agencies to disclose the legal authority supporting enforcement actions, and by creating mechanisms for oversight and reporting (in certain versions of the bill).
Key provisions (as enacted in the enrolled/first‑engrossed language)
- New statutory requirement: when an agency enforces a rule adopted under chapter 28‑32 — including by official notice, determination, order, or similar action — the agency must specifically identify and reference the statute or rule that provides the legal authority for its enforcement action.
- Timing: the agency must provide that citation within 10 days of receiving a request for the information from the person against whom the rule is being enforced.
Additional (earlier/alternate) provisions reflected in draft/amendments
- Some bill drafts and proposed amendments expanded the measure to require:
- Agencies to report to the Governor’s office if they are found to have exceeded statutory authority or if a court does not affirm an agency determination under section 28‑32‑46.
- Any person to be permitted to report alleged violations of this new section to the Governor’s office.
- The Governor’s office to investigate reports, document actions, maintain records, take disciplinary steps (written warnings, improvement plans, termination where appropriate), and deliver an annual report to the Administrative Rules Committee identifying agencies and counts of reports.
- Note: the enrolled version emphasizes the 10‑day disclosure requirement; earlier language with broader supervisory and discipline mechanisms appears in alternate drafts.
Who is affected
- State administrative agencies and their employees: required to provide prompt disclosure of statutory authority for enforcement actions; potential additional oversight depending on which version is operative.
- Individuals and entities subject to agency enforcement actions: gain a clear, time‑limited right to receive citation of the legal authority used against them.
- Administrative Rules Committee and (in some drafts) the Governor’s office: potential recipients of reports and records and, in draft versions, responsible for oversight and annual reporting.
Practical impact
- Improves transparency by requiring agencies to identify the specific legal basis for enforcement quickly (10 days after a request), helping regulated parties understand and, if needed, challenge agency actions.
- May increase administrative workload for agencies to compile and deliver timely citations; in draft forms it would also create investigatory and disciplinary processes for alleged overreach.
- If broader reporting/discipline provisions were adopted, those would centralize review of alleged agency overreach in the Governor’s office and provide the Administrative Rules Committee with aggregated data on reported violations.
Effective elements to watch
- The operative text matters: the enrolled/first‑engrossed language is narrowly focused on the 10‑day disclosure; earlier drafts included wider oversight and enforcement mechanisms. Readers should consult the final enrolled/approved version for the authoritative duties and timelines.
Compiled from official sources — confirm details with the bill’s official record.
Sign in to ask a question.
