North Dakota Century Code Title 43. Occupations and Professions § 43-40.1-10. Rulemaking

1. The commission shall exercise its rulemaking powers pursuant to the criteria set forth in this section and the rules adopted thereunder. Rules and amendments become binding as of the date specified in each rule or amendment.

2. The commission shall adopt rules in order to effectively and efficiently achieve the purposes of the compact. Notwithstanding the foregoing, if the commission exercises its rulemaking authority in a manner beyond the scope of the purposes of the compact, or the powers granted under the compact, then the action by the commission is invalid and has no force and effect.

3. If a majority of the legislatures of the member states rejects a rule, by enactment of a statute or resolution in the same manner used to adopt the compact within four years of the date of adoption of the rule, the rule has no further force and effect in any member state.

4. Rules or amendments to the rules must be adopted at a regular or special meeting of the commission.

5. Before adoption of a final rule by the commission, and at least thirty days in advance of the meeting at which the rule will be considered and voted upon, the commission shall file a notice of proposed rulemaking:

6. The notice of proposed rulemaking must include:

7. Before adoption of a proposed rule, the commission shall allow an individual to submit written data, facts, opinions, and arguments, which must be made available to the public.

8. The commission shall grant an opportunity for a public hearing before the commission adopts a rule or amendment if a hearing is requested by:

9. If a hearing is held on the proposed rule or amendment, the commission shall publish the place, time, and date of the scheduled public hearing. If the hearing is held through electronic means, the commission shall publish the mechanism for access to the electronic hearing.

10. Following the scheduled hearing date, or by the close of business on the scheduled hearing date if the hearing was not held, the commission shall consider all written and oral comments received.

11. If written notice of intent to attend the public hearing by interested parties is not received, the commission may proceed with adoption of the proposed rule without a public hearing.

12. The commission shall, by majority vote of all members, take final action on the proposed rule and determine the effective date of the rule, if any, based on the rulemaking record and the full text of the rule.

13. Upon determination that an emergency exists, the commission may consider and adopt an emergency rule without prior notice, opportunity for comment, or hearing, provided the usual rulemaking procedures provided in the compact and in this section must be retroactively applied to the rule as soon as reasonably possible, in no event later than ninety days after the effective date of the rule. For purposes of this provision, an emergency rule is one that must be adopted immediately in order to:

14. The commission or an authorized committee of the commission may direct revisions to a previously adopted rule or amendment for purposes of correcting typographical errors, errors in format, errors in consistency, or grammatical errors. Public notice of any revisions must be posted on the website of the commission. The revision is subject to challenge by any individual for a period of thirty days after posting. The revision may be challenged only on grounds that the revision results in a material change to a rule. A challenge must be made in writing and delivered to the chair of the commission before the end of the notice period. If a challenge is not made, the revision will take effect without further action. If the revision is challenged, the revision may not take effect without the approval of the commission.