41-1030

41-1030. Invalidity of rules not made
according to this chapter; prohibited agency action

A. A rule is invalid unless it is made and approved in substantial compliance with
sections 41-1021 through 41-1029 and articles 4, 4.1 and 5 of this chapter, unless
otherwise provided by law.

B. An agency shall not base a licensing decision in whole or in part on a licensing
requirement or condition that is not specifically authorized by statute, rule or state
tribal gaming compact. A general grant of authority in statute does not constitute a
basis for imposing a licensing requirement or condition unless a rule is made pursuant to
that general grant of authority that specifically authorizes the requirement or
condition.

C. An agency shall not:

1. Make a rule under a specific grant of rule making authority that exceeds the
subject matter areas listed in the specific statute authorizing the rule.

2. Make a rule under a general grant of rule making authority to supplement a more
specific grant of rule making authority.