Section 69-05.2-01-03 - Promulgation of rules - Notice - Hearing1. The commission may propose new rules under this article or propose amendments or repealers of any rule under this article and will hold a public hearing in accordance with the procedures of this section. 2. Any person or governmental agency may petition the commission to adopt, amend, or repeal any rule under this article. Upon receipt of the petition, the commission will determine if the petition provides a reasonable basis for proposing the issuance, amendment, or repeal of a rule. 3. If the petition has a reasonable basis, the commission will propose the rule, amendment, or repealer and hold a public hearing on the proposal. 4. The commission will issue a notice of the public hearing which will: a. Furnish a brief explanation of the purpose of the proposed rule. b. Specify a location where the text of the proposed rule may be reviewed. c. Advise all interested persons of the opportunity to submit written comments and to appear and testify at the hearing to offer oral testimony. d. Provide the address to which written comments may be sent. e. Specify the date, time, and place of the hearing. 5. The commission will publish notice of hearing in newspapers and provide a copy of the proposed rules and notice to the legislative council as required by subsection 4 of North Dakota Century Code section 28-32-02. 6. The public comment period on the proposed adoption, amendment, or repeal of any rule under this article will close at the end of the public hearing, unless extended by the commission. 7. The commission will consider all written comments and oral testimony received before adoption, amendment, or repeal of any rule under this article and make a written record of its consideration. N.D. Admin Code 69-05.2-01-03
Effective August 1, 1980; amended effective June 1, 1983; May 1, 1990; May 1, 1992; May 1, 1999; May 1, 2001.General Authority: NDCC 28-32-02, 38-14.1-03
Law Implemented: NDCC 28-32-02, 38-14.1-34, 38-14.1-41