The regulatory board I am a member of is governed by two legal documents, the North Dakota Administrative Code and the North Dakota Century Code. The difference between the two is that only the Legislature can amend the Century Code, and we as a board can amend the Administrative Code after we jump through a bunch of hoops.
Our board needs to make some changes to the Administrative Code because of some things that occurred during the last legislative session , and I am sure glad we have an attorney to help us with the language. Saying that the board “shall” do something, as opposed to the board “may” do something makes a difference in how we can apply rules and regulations to individuals and circumstances. We want “may” more than we want “shall”.
I was really surprised to hear our lawyer tell us that the reason he didn’t capitalize abbreviations for entities such as APA (the American Psychological Association) in the language for our administrative rules changes is that the Legislature doesn’t allow capital letters for entities’ abbreviations in laws. I found that so odd. He had no good explanation for it.
Once the Legislative Rules Committee (note the capitals) approves our Administrative Code changes, we have to pay to have an announcement in all the newspapers in North Dakota that changes to our Administrative Code are being proposed, and that there will be a hearing for public comment on the changes. That means that Husband and I will sit in some room in our town either at my work, the public library, or some other room I can rent for an hour for no one to show up and make comments. After that, it becomes law.
Have you ever protested proposed legislation? When has a word made a difference for you? What kind of a lawyer would you have wanted to be?
