North Dakota Administrative Code

North Dakota Administrative Code
Name	North Dakota Administrative Code
Jurisdiction	North Dakota
Authority	North Dakota Century Code
Publisher	North Dakota Secretary of State
First pub	20th century
Language	English

North Dakota Administrative Code The North Dakota Administrative Code is the compilation of administrative rules promulgated by state agencies in North Dakota, administered under statutory authority derived from the North Dakota Century Code. It provides the regulatory framework affecting agencies such as the North Dakota Department of Health, North Dakota State University, and the Industrial Commission of North Dakota, and interacts with adjudicative bodies including the North Dakota Supreme Court and the North Dakota Public Service Commission. The Code influences sectors such as energy in North Dakota, agriculture in North Dakota, and transportation in North Dakota through detailed procedural and substantive rules.

Overview

The Code contains rules developed by executive-branch agencies such as the Department of Human Services (North Dakota), Bank of North Dakota, and the North Dakota Department of Environmental Quality, reflecting statutory delegations from the North Dakota Legislative Assembly and oversight by officials including the Governor of North Dakota and the Attorney General of North Dakota. It operates alongside instruments like the North Dakota Administrative Rules notices, administrative hearings before the Office of Administrative Hearings (North Dakota), and interpretive guidance issued by offices such as the State Auditor of North Dakota and the Tax Commissioner of North Dakota.

Legal Authority and Publication

Statutory authority for the Code is rooted in the North Dakota Century Code, with enabling statutes granting agencies rulemaking powers similar to those seen under federal law such as the Administrative Procedure Act (United States). Publication responsibilities rest with the North Dakota Secretary of State and coordination often involves the Legislative Council (North Dakota) and the State Library of North Dakota. Major legal interactions include judicial review by the United States District Court for the District of North Dakota and appeals to the North Dakota Supreme Court when parties challenge rule validity or Takings Clause claims arising under United States Constitution provisions.

Structure and Organization

The Code is arranged into titles, chapters, and sections mirroring practices in codifications like the Code of Federal Regulations and other states' administrative codes such as the California Code of Regulations and Texas Administrative Code. Agencies like the Public Service Commission (North Dakota) and the Department of Commerce (North Dakota) have dedicated chapters; professional licensing boards including the North Dakota State Board of Medicine and the State Board of Nursing (North Dakota) also appear. Cross-references connect to statutory chapters in the North Dakota Century Code and to implementing instruments from entities like the Fargo-Moorhead Metropolitan Council of Governments when regional coordination is required.

Rulemaking Process

Rulemaking follows notice-and-comment procedures akin to models used by the Environmental Protection Agency and the Federal Communications Commission, with publication of proposed rules in official bulletins managed by the Secretary of State of North Dakota. Agencies must conduct hearings before administrative law judges from the Office of Administrative Hearings (North Dakota) or designated hearing officers, and stakeholders such as the North Dakota Petroleum Council, North Dakota Grain Growers Association, and North Dakota Trial Lawyers Association frequently submit comments and participate. Interim emergency rules, negotiated rulemaking sessions, and cost-benefit analyses involve actors like the Legislative Budget Committee (North Dakota) and the Governor of North Dakota.

Access and Codification

Access to the Code is provided through publications managed by the State Library of North Dakota and online systems maintained by the Secretary of State of North Dakota and the Legislative Council (North Dakota). Codification practices mirror standards of the National Conference of State Legislatures and use citation systems comparable to those of the United States Code and the Code of Federal Regulations. Public records requests under the North Dakota Open Records Act and library holdings in institutions like the University of North Dakota and North Dakota State University Library support transparency and research.

Enforcement and Judicial Review

Enforcement mechanisms involve agency adjudication, civil penalties, and administrative sanctions overseen by bodies such as the Industrial Commission of North Dakota and the Public Service Commission (North Dakota), with contested cases reaching the North Dakota Supreme Court and federal courts including the Eighth Circuit Court of Appeals. Judicial review addresses issues analogous to those in cases under the Administrative Procedure Act (United States), including arbitrariness, substantial evidence standards, and constitutional challenges invoking the Fourteenth Amendment to the United States Constitution or the Commerce Clause.

Recent Revisions and Notable Chapters

Recent rulemaking has impacted areas including oil and gas industry in North Dakota, water resources management in North Dakota, and professional licensure through chapters authored by the Department of Mineral Resources (North Dakota), Department of Water Resources (North Dakota), and licensing boards like the North Dakota Board of Pharmacy. Notable chapters govern programs administered by the Department of Human Services (North Dakota), unemployment rules touching the North Dakota Job Service, and public utilities regulation by the Public Service Commission (North Dakota), reflecting shifts in policy debated in the North Dakota Legislative Assembly and influenced by stakeholders such as the North Dakota Chamber of Commerce and environmental advocacy groups active in the state.

Category:North Dakota law