BEFORE THE STATE DEPARTMENT OF EDUCATION STATE OF
NEBRASKA
In the Matter of [insert statute )
numbers or name] by [insert name ) Petition for
Negotiated
of Petitioner] ) Rulemaking
COMES NOW the petitioner, [insert name of Petitioner],
according to the Nebraska Negotiated Rulemaking Act and according to the State
Department of Education rules and regulations for Petitions for Negotiated
Rulemaking, and requests that the State Board of Education establish a
negotiated rulemaking committee as set forth in this Petition.
In support of this request, the Petitioner states as
follows:
1. The State Department of
Education administers the provisions of [insert sections of the statutes or
legislative bill numbers for which negotiated rulemaking is sought], and is
responsible for development of rules and regulations to implement these
statutes.
2. Petitioner seeks a
negotiated rulemaking procedure to [check one]:
( ) develop new rules
( ) amend existing rules, specifically ____ NAC ____,
entitled __________________________ .
( ) repeal certain existing rules, specifically ____ NAC
____, entitled ___________________________ .
3. A negotiated rulemaking committee should
be established to negotiate and develop rules on each of the following issues
concerning the statute(s), legislative bill(s) or regulation(s) identified
above [identify each issue as to each statute, legislative bill or regulation
and the general scope of the rulemaking proposed]:
4. The facts surrounding each of the issues
listed in paragraph 3 above are as follows:
5. Establishment of a negotiated rulemaking
committee would be in the public interest under each of the following criteria
based upon the information the Petitioner hereby submits.
A. There is a need for rulemaking on the
issue(s) identified above because:
B. There are a limited number of identifiable
interests that will be significantly affected by the rule, including the
following interests:
C. There is a
reasonable likelihood that a negotiated rulemaking committee can be convened
with a balanced representation of people (1) who can adequately represent the
interests identified above and (2) are willing to negotiate in good faith to
reach a consensus on the proposed rule, as shown by the following:
D. There is a reasonable likelihood that a
committee will reach a consensus on the proposed rule within a fixed period of
time because:
E. The use of this
procedure will not unreasonably delay formal rulemaking and issuance of a final
rule because:
F. [Optional for
response by Petitioner] The State Department of Education should commit its
resources, including technical assistance, to such a committee
because:
G. [Optional for response
by Petitioner] The State Department of Education should, to the maximum extent
possible consistent with its legal obligations, use a consensus of such a
committee as the basis for a rule to be adopted under the Administrative
Procedure Act because:
6. The following persons will be
significantly affected by any rule which might result from the negotiated
rulemaking procedure which is the subject of this Petition [identify such
persons by name and address where possible]:
7. The following persons may be willing and
qualified to represent the interests that will be significantly affected by any
rule which might result from the negotiated rulemaking procedure which is the
subject of this Petition [identify such persons by name and address where
possible]:
8. Petitioner offers the
following additional information for use by this Board in consideration of this
request [if any]:
9. Petitioner has
attached the following documents in support of this request [list all documents
attached]:
Dated this ________ day of __________, 19 _______ .
_______________________________
Signature of Petitioner
List Petitioner's name [typed or printed]
List Petitioner's full mailing address
List Petitioner's telephone number [including area
code]