AGO 80-056.

• Case Date: March 28, 1980
• Court: North Dakota

North Dakota Attorney General Opinions 1980. AGO 80-056. March 28, 1980 (OPINION) OPINION 80-56Mr. Byron KnutsonInsurance Commissioner State Capitol Bismarck, North Dakota 58505 Dear Commissioner Knutson: This is in response to your letter of March 12, 1980, wherein you request an opinion approving certain proposed rules and regulations of the North Dakota Insurance Department as the same pertains to Unfair Practices Regulation. The proposed rules cite as general authority sections 26-01-16, 28-32-02, and 26-30-04.1 of the North Dakota Century Code, which said authority is relied upon for the implementation of section 26-30-04(7) of the North Dakota Century Code. Section 26-01-16 provides as follows:

26-01-16. APPEAL FROM COMMISSIONER'S DECISION. Any order or decision of the insurance commissioner, unless otherwise specifically provided for by law, shall be subject to review or appeal in the courts of this state, in the manner provided by chapter 28-32.

Section 28-32-02 provides as follows, in part, as pertinent to the rulemaking authority of an administrative agency:

28-32-02. RULEMAKING POWER OF AGENCY. Every administrative agency shall have the authority to promulgate, and from time to time to amend or repeal, reasonable rules and regulations in conformity with the provisions of any statute administered or to be administered, enforced or to be enforced, by such agency, and to prescribe methods and procedure required in connection therewith. Prior to the adoption, amendment, or repeal of any rule, the agency shall: (Emphasis supplied).

Section 26-30-04.1 provides as follows:

26-30-04.1. REGULATIONS. The commissioner may, from time to time, promulgate reasonable rules and regulations, as are necessary to identify specific methods of competition and acts or practices which are prohibited by section 26-30-04; provided, however, such regulations shall not enlarge upon or extend the provisions thereof, and such rules and regulations shall be subject to review in accordance with chapter 28-32. (Emphasis supplied).

In seeking to find the legislative authority for the substantive provisions of the proposed rules and regulations, we would note that section 26-01-16 merely refers to appeals from decisions of the commissioner and would have no application to the regulations under consideration. Section 28-32-02 provides for the...