Current through the 2023 Legislative Sessions
Section 28-32-02 - Rulemaking power of agency - Organizational rule1. The authority of an administrative agency to adopt administrative rules is authority delegated by the legislative assembly. As part of that delegation, the legislative assembly reserves to itself the authority to determine when and if rules of administrative agencies are effective. Every administrative agency may adopt, amend, or repeal reasonable rules in conformity with this chapter and any statute administered or enforced by the agency. An administrative agency may not adopt a rule that prescribes a criminal penalty unless authorized by another chapter.2. In addition to other rulemaking requirements imposed by law, each agency may include in its rules a description of that portion of its organization and functions subject to this chapter and may include a statement of the general course and method of its operations and how the public may obtain information or make submissions or requests.Amended by S.L. 2019, ch. 266 (HB 1275),§ 1, eff. 8/1/2019, and applicable retroactively; any rule adopted before the effective date of this Act which prescribes a penalty in violation of this Act is void.Amended by S.L. 2011, ch. 233 (HB 1026),§ 1, eff. 8/1/2011. See S.L. 2019, ch. 266 (HB 1275), § 2.