What are the differences between a legislative and an administrative rule?

In North Dakota, there are two types of rules governing the operations of the government: legislative and administrative. Legislative rules are created by the North Dakota Legislature and are found in the North Dakota Century Code, or NDCC. These rules establish regulations regarding the powers and responsibilities of government agencies and are codified in a single, written law. By contrast, administrative rules are created by the Governor and are found in the North Dakota Administrative Code, or NDAC. These rules provide agencies with the authority to create and enforce regulations that are not codified in the NDCC. Legislative rules are created and can only be changed by the Legislative Assembly. These rules outline the structure and operation of major governmental institutions. Administrative rules, on the other hand, can be established and changed by the Governor or state agencies. These rules provide the authority for an agency to carry out their specific purpose or mandate. Additionally, administrative rules are used to interpret the meaning of statutes found in the NDCC. To sum it up, the primary difference between a legislative and an administrative rule is the authority that creates and changes the rule. Legislative rules are created by the Legislative Assembly and can only be changed by the Legislative Assembly, while administrative rules are created by the Governor or state agencies and can be changed by the Governor or state agencies.

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