North Dakota Code 28-32-18.1 – Administrative rules committee review of existing rules
1. Upon request by the administrative rules committee, an administrative agency or the commission shall brief the committee on its existing rules and point out any provisions that appear to be obsolete and any areas in which statutory or constitutional authority has changed or been repealed since the rules were adopted or amended.
Terms Used In North Dakota Code 28-32-18.1
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Rule: includes regulation. See North Dakota Code 1-01-49
2. An agency or the commission may amend or repeal a rule without complying with the other requirements of this chapter relating to adoption of rules and may resubmit the change to the legislative council for publication provided:
a. The agency or commission initiates the request to the administrative rules committee for consideration of the amendment or repeal; b. The agency or commission provides notice to the regulated community, in a manner reasonably calculated to provide notice to those persons interested in the rule, of the time and place the administrative rules committee will consider the request for amendment or repeal of the rule; and
c. The agency or commission and the administrative rules committee agree the rule amendment or repeal eliminates a provision that is obsolete or no longer in compliance with law and that no detriment would result to the substantive rights of the regulated community from the amendment or repeal.